Prosecution Insights
Last updated: July 17, 2026
Application No. 17/756,129

EUV RETICLE STOCKER AND METHOD OF OPERATING THE SAME

Non-Final OA §102§103
Filed
May 18, 2022
Priority
Nov 25, 2019 — EU 19211321.5 +1 more
Examiner
SPICER, JENINE MARIE
Art Unit
3736
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Brooks Automation (Germany) GmbH
OA Round
3 (Non-Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
70%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
385 granted / 755 resolved
-19.0% vs TC avg
Strong +18% interview lift
Without
With
+18.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
43 currently pending
Career history
811
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
81.7%
+41.7% vs TC avg
§102
11.0%
-29.0% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 755 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/27/2026 has been entered. This Office Action acknowledges the applicant’s amendment filed on 1/27/2026. Claims 1-3, 6, 8-10 and 18-19 are pending in the application. Claims 4-5, 7 and 11-17 are cancelled. Claim 19 is new. The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: fixation means in claim 18. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. Claim Rejections - 35 USC § 102 Claim(s) 1-2, 6, 8-9 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chilese et al. US 2013/0255407 A1, previously cited. With regards to claim 1, Chilese discloses (Fig. 10) a clamping device 157 for an EUV inner pod (EIP), the EIP comprising: two or more components and containing an EUV reticle, wherein the clamping device 157 is configured to: immobilize the two or more components of the EIP and the reticle relative to one another; and to only partially cover the EIP (15/16) (the cover includes openings therefore it does not completely cover the EIP); and further comprising: an upper clamping element 153 and a lower clamping element 156, wherein the upper and the lower clamping elements are configured to be attachable to one another while accommodating the two or more EIP components between them. (Para. 0032 and 0052) With regards to claim 2, Chilese discloses further configured to act upon a retention means of the EIP, the retention means being configured to immobilize the reticle therein, when acted upon from outside the EIP, to immobilize the reticle within the EIP. (Para. 0038, 0049 and Shown in Fig. 8) With regards to claim 6, Chilese discloses one clamping element 155 comprises actuators 154 configured to act upon the retention means, when the clamping device is attached to the EIP. (Para. 0049) With regards to claim 8, Chilese discloses further comprising a logging element comprising one or more components including an information carrying element configured for identification of the clamping device, a temperature sensor, a pressure sensor, a concentration sensor, configured to detect or measure a concentration of one or more chemical substances in an atmosphere surrounding the clamping device, and/or an acceleration sensor, wherein the logging element is configured to store and/or make available information generated using the one or more components of the logging element. (Para. 0087) With regards to claim 9, Chilese discloses a storage system comprising a clamping device according to claim 1, and an EUV inner pod (EIP) 14/15/16, wherein the EIP is configured to accommodate an EUV reticle 150; and comprises two or more components and retention means configured to immobilize the reticle when acted upon from outside the EIP; and wherein the clamping device 155 is attachable to the EIP to immobilize the two or more components relative to one another and act upon the retention means (shown in Fig. 8). With regards to claim 18, Chilese discloses a clamping device 157 for an EUV inner pod (EIP), the EIP comprising: two or more components and containing an EUV reticle, wherein the clamping device is configured to: immobilize the two or more components of the EIP and the reticle relative to one another; and to only partially cover the EIP (the cover includes openings therefore it does not completely cover the EIP); and further comprising one clamping element with one, two or more fixation means 153/156/155, wherein the fixation means are biased towards a closed position and are configured to be moved into an open position, wherein the clamping device is configured to be attachable to the EIP, when the fixation means are in the open position and to immobilize the EIP components and the reticle relative to one another, when the fixation means are in the closed position. Claim Rejections - 35 USC § 103 Claim(s) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chilese et al. US 2013/0255407 A1, previously cited. With regards to claim 3, Chilese discloses the claimed invention as stated above but it does not specifically disclose at least 75%,80%, 90%, 95% or 99% of metallic materials with respect to its mass and/or volume. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the clamping device have at least 75%, 80%, 90%, 95% or 99% of metallic materials with respect to its mass and/or volume., since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07 With regards to claim 10, Chilese discloses the claimed invention as stated above but it does not specifically disclose having an envelope volume of less than 130%,120%, 110% or 105% of an envelope volume of the EIP. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the envelope volume of less than 130%, 120%, 110%, 105% or less than 100% of an envelope volume of an EIP, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 Please note that in the instant application, page 3, lines 48-49, applicant has not disclosed any criticality for the claimed limitations. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chilese et al. US 2013/0255407 A1, previously cited. With regards to claim 19, Chilese (Fig. 10) discloses a clamping device 157 for an EUV inner pod (EIP), the EIP comprising: two or more components 14/15/16 and containing an EUV reticle, wherein the clamping device is configured to: immobilize the two or more components of the EIP and the reticle relative to one another; and to only partially cover the EIP (the cover includes openings therefore it does not completely cover the EIP). Chilese does not specifically disclose having an envelope volume of less than 130%,120%,110%,105% or less than 100% of an envelope volume of an EIP to which the clamping device is attachable. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the envelope volume of less than 130%, 120%, 110%, 105% or less than 100% of an envelope volume of an EIP to which the clamping device is attachable, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 Please note that in the instant application, page 3, lines 48-49, applicant has not disclosed any criticality for the claimed limitations. Response to Arguments Applicant’s arguments with respect to claim(s) 1-3, 6, 8-10 and 18-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JENINE SPICER/Examiner, Art Unit 3736 /ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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Prosecution Timeline

May 18, 2022
Application Filed
Feb 10, 2025
Non-Final Rejection mailed — §102, §103
May 12, 2025
Response Filed
Aug 27, 2025
Final Rejection mailed — §102, §103
Dec 23, 2025
Response after Non-Final Action
Jan 27, 2026
Request for Continued Examination
Feb 19, 2026
Response after Non-Final Action
Apr 15, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12685077
RETICLE POD HAVING ANTI-COLLISION GAP STRUCTURE
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Patent 12643723
SYSTEMS, DEVICES AND METHODS FOR STORING AND TRANSPORTING FAÇADE PANELS
2y 6m to grant Granted Jun 02, 2026
Patent 12643730
FILM DEPOSITION DELIVERY CONTAINER
1y 2m to grant Granted Jun 02, 2026
Patent 12638767
CONTAINER FOR ACCOMMODATING SUBSTRATE WITH EFFECTIVE HERMETIC SEALING
5y 4m to grant Granted May 26, 2026
Patent 12611342
ABSORBENT ARTICLE PACKAGES WITH NATURAL FIBERS AND OPENING FEATURES
1y 5m to grant Granted Apr 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
51%
Grant Probability
70%
With Interview (+18.5%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 755 resolved cases by this examiner. Grant probability derived from career allowance rate.

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