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 .
The restriction of the previous action is incorporated by reference here and made final. Claims 24-29 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
The response of the applicant has been read and given careful consideration. Rejection of the previous action not repeated below are withdrawn in view of the amendments and arguments of the applicant. Responses to the arguments of the applicant are presented after the first rejection they are directed to.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19 and 22-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
What is “m vacuum” ? should this be - - a vacuum - - .,
Claims 22 and 23 are essentially duplicates.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-7,13 and 30 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Murashima et al. WO 2020008977
Murashima et al. WO 2020008977 (machine translation attached) teaches in example a carbon film applied to a polished nickel frame with dimensions of 45 x 45 mm x 0.2 mm (thickness) and a 10 mm wide sides by the formation of carbon-nickel boning between the frame and the pellicle ([0035] and table 1 on page 14). Example 2 use Ti as the frame material and example 3 uses an Ag-Ti alloy (table 1 and [0045].) The pellicle frame (B) is used to cover a photomask with a pellicle complex, which is a frame portion joined along the outer edge of the pellicle film. The pellicle frame (B) may have a vent in order to keep the pressure inside the exposure apparatus and inside the pellicle complex constant. Like the pellicle film (A), the shape of the pellicle frame (B) can be appropriately selected from a circle, an ellipse, a polygon, and the like, and a preferable shape is a square such as a square or a rectangle. The thickness of the pellicle frame is, for example, 0.1 to 10 mm [0019]. The pellicle frame (B) contains at least one metal element selected from the group consisting of Ni, Fe, Mo, Ti, Mn, Ta, W, and V. The element may be a pure metal (purity of, for example, 99% by mass or more), or an alloy containing at least one of the metal elements (the matrix of the alloy may be the metal element, or may be other than the metal element). And the total of the metal elements in the pellicle frame (B) is preferably 10% by mass or more. The pellicle frame (B) preferably contains at least one of Ni, Ti and Fe [0021]. The pellicle composite of the present invention is useful for protecting a photomask used in various lithography methods such as an EUV lithography method [0050].
The examiner holds that the Ti frame in example 2 and/or the Ag-Ti frame in were polished as the nickel frame was in example 1, based upon the language “The pellicle composite was evaluated in the same manner as in Example 1, except that the carbon film, the pellicle frame, and the bonding conditions were changed as shown in Table 1.” at [0045] and the polishing inherently result in a roughness within the range recited in the claims, noting the description of the use of “any of physical polishing (manual metal polishing, buff polishing, mechano-chemical polishing, or blasting treatment) or chemical polishing (chemical polishing or electrolytic polishing) may be used as well as a combination thereof.” In the instant specification (see prepub at [0024]).
Alternatively, if this position is not upheld, the examiner holds that it would have been obvious to polish the Ti frame in example 2 and/or the Ag-Ti frame of example 3 in the same manner as the nickel frame in example 1 with a reasonable expectation of forming a useful pellicle. The polishing is held to inherently result in a roughness within the range recited in the claims, noting the description of the use of “any of physical polishing (manual metal polishing, buff polishing, mechano-chemical polishing, or blasting treatment) or chemical polishing (chemical polishing or electrolytic polishing) may be used as well as a combination thereof.” In the instant specification (see prepub at [0024]).
In the response of 11/14/2025 and 12/1/2025, the applicant argues that Yanagawa is directed to Al and Al alloys not Ti or Ti alloys. Examples 2 and 3 of Murashima et al. WO 2020008977 used Ti and Ag-Ti alloys and have thicknesses within the range and are either polished or it would have been obvious to polish them based upon the polishing described in example 1 with a Ni frame.
Claims 1-7,13 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Murashima et al. WO 2020008977, in view of Yanagawa JP 2009003111 and Shirasaki 20110235016.
Yanagawa JP 2009003111 (machine translation attached) in the examples A-E teaches Al-Ti alloys (See table 1)where the pellicle frame is 1400 mm x 1700 mm square with a thickness/height of 6 mm. The surface is treated to reduce reflection by sandblasting for 30 seconds to achieve a satin finish, washing with caustic soda (NaOH) and anodized to a black color [0068-0071]. The use of shot blasting or other roughening is disclosed and other blackening treatments to reduce reflectivity is disclosed [0059-0062]. The use of extremely short wavelengths for exposure is disclosed [0062]. Films of nitrocellulose, cellulose acetate, fluorine-based polymer, etc. that transmit light used for exposure well are appropriately selected for the pellicle film [0063].
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Shirasaki 20110235016 teaches pellicle useful with transmission-type mask is used for example in transmission-type exposure equipment in which g line, i line, h line, KrF excimer laser light, ArF excimer laser light, etc. is used as exposure light. Furthermore, the reflection-type mask is used for example in EUV exposure equipment in which extreme ultraviolet (EUV) light with a wavelength of 13.5 nm is used as exposure light [0039-0040]. The type of pellicle film is not particularly limited and, for example, an amorphous fluorine polymer, etc. that has conventionally been used for an excimer laser is used. Examples of the amorphous fluorine polymer include Cytop (product name, manufactured by Asahi Glass Co. Ltd.) and Teflon (Registered Trademark) AF (product name, manufactured by DuPont). These polymers may be used by dissolving them in a solvent as necessary when preparing the pellicle film, and may be dissolved as appropriate in, for example, a fluorine-based solvent. On the other hand, in the case of a pellicle for EUV exposure, a silicon thin film is preferably used as a pellicle film [0033-0034]. With regard to the base material of the pellicle frame, a conventionally used aluminum alloy material, and preferably a JIS A7075, JIS A6061, JIS A5052 material, etc., is used, but when an aluminum alloy is used it is not particularly limited as long as the strength as a pellicle frame is ensured. The surface of the pellicle frame is preferably roughened by sandblasting or chemical abrasion prior to providing a polymer coating. In the present invention, a method for roughening the surface of the frame may employ a conventionally known method. It is preferable to employ a method for roughening the surface involving blasting the aluminum alloy material surface with stainless steel, carborundum, glass beads, etc., and further by chemically abrading with NaOH, etc [0034]. The pellicle is basically constituted of a pellicle frame and a pellicle film stretched over the frame. The pellicle film is formed from nitrocellulose, cellulose acetate, a fluorine-based polymer, etc., which allows exposure light (g rays, i rays, 248 nm, 193 nm, etc.) to easily pass through. The pellicle film is adhered by coating the upper end part of the pellicle frame with a good solvent for the pellicle film and air-drying or by means of an adhesive such as an acrylic resin, an epoxy resin, or a fluorine resin. Furthermore, in order to mount an exposure master plate, a lower end part of the pellicle frame is provided with a pressure-sensitive adhesion layer made of a polybutene resin, a polyvinyl acetate resin, an acrylic resin, a silicon resin, etc. and a reticle pressure-sensitive adhesive protecting liner for the purpose of protecting the pressure-sensitive adhesive layer [0006].
Murashima et al. WO 2020008977 does not exemplify the use of shot blasting or sand blasting of the pellicle frame.
It would have been obvious to use sand blasting on the Ti frame in example 2 and/or the Ag-Ti frame of example 3 of Murashima et al. WO 2020008977 to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Shirasaki 20110235016, which is taught as useful with EUV pellicle frames in Shirasaki 20110235016 with a reasonable expectation of forming a useful pellicle. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification (see prepub at [0044-0047]).
In addition to the response above, the examiner points out that treating the surfaces to roughen them using sand blasting or the like to reduce the reflectivity is known in the pellicle art to reduce reflectivity of the frame, which reduces problems that stray/reflected light would cause during exposure. A reduction in the reflectance of a surface due to mechanical roughening of the surface would be expected to be expected to occur irrespective of the substrate which is being roughened.
Claims 1-7,10,13,15-17,19,21-23 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Ohkubo et al. JP 2019168502, in view of Yanagawa JP 2009003111 and Shirasaki 20110235016.
Ohkubo et al. JP 2019168502 (machine translation attached) teaches that the material for the frame of the pellicle is not particularly limited, but aluminum or aluminum alloy (5000 series, 6000 series, 7000 series, etc.), stainless steel, titanium, silicon, and the like are preferable from the viewpoint of achieving both lightness and strength A material having resistance to EUV may be provided on the surface of the frame-shaped member 190. Specifically, a material containing one or more elements selected from Mo, Ru, and B can be given. Further, at this time, alcohol 190 such as isopropyl alcohol or water may adhere to a portion 190A of the frame-shaped member 190 that contacts the carbon nanotube free-standing film 125. In addition, the portion 190A may be provided with an adhesive 185. The material of the adhesive 185 is not particularly limited, but is preferably an organic resin material such as an acrylic resin, an epoxy resin, a silicone resin, or a polyimide resin, and more preferably an organic resin material having resistance to EUV light. Preferable [0052]. The manufactured pellicle for EUV has a limit on the height of the pellicle, the total height 10h including the pellicle film 180 and the pellicle frame 195 is preferably 3.0 mm or less, more preferably 2.5 mm or less [0053]. When the carbon nanotube film 120 and the frame member 130 are connected, an adhesive 128 may be used. The adhesive 128 may be in the form of a film or may be used by curing a liquid material. For the adhesive 128, for example, an organic resin material such as an acrylic resin, an epoxy resin, a silicone resin, or a polyimide resin is used [0039]. The pellicle of this embodiment can be used as an exposure original by being mounted on the original. The pellicle of this embodiment is not only used as a protective member for suppressing foreign matter from adhering to the original in the EUV exposure apparatus, but also for protecting the original when the original is stored or transported. It may be used as a member. For example, if the pellicle is mounted on the original (exposure original), it can be stored as it is after being removed from the EUV exposure apparatus. As a method of mounting the pellicle on the original plate, there are a method of attaching with a bonding agent, an electrostatic adsorption method, a method of mechanically fixing, and the like [0055].
Ohkubo et al. JP 2019168502 does not teach the use of shot blasting or sand blasting of the pellicle frame.
With respect to claims 1-7,10,13 and 30, it would have been obvious to form a titanium frame with a thickness of less than 2.5 mm as taught at [0052-0053] of Ohkubo et al. JP 2019168502 and to use sand blasting on the Ti frame to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Shirasaki 20110235016, which is taught as useful with EUV pellicle frames in Shirasaki 20110235016 with a reasonable expectation of forming a useful EUV pellicle frame. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification (see prepub at [0044-0047]).
With respect to claims 1-7,10,13,15-17,19 and 30, it would have been obvious to form a titanium frame with a thickness of less than 2.5 mm as taught at [0052-0053] of Ohkubo et al. JP 2019168502 and to use sand blasting on the Ti frame to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Shirasaki 20110235016, which is taught as useful with EUV pellicle frames in Shirasaki 20110235016 and attaching the carbon nanotube film using an pressure sensitive adhesive as taught in Ohkubo et al. JP 2019168502 at [0052] and Shirasaki 20110235016 at [0006] with a reasonable expectation of forming a useful EUV pellicle. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification (see prepub at [0044-0047]).
With respect to claims 1-7,10,13,15-17,19 and 30, it would have been obvious to form a titanium frame with a thickness of less than 2.5 mm as taught at [0052-0053] of Ohkubo et al. JP 2019168502 and to use sand blasting on the Ti frame to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Shirasaki 20110235016, which is taught as useful with EUV pellicle frames in Shirasaki 20110235016 and attaching the silicon thin film or CYTOP thin film to the fame using an pressure sensitive adhesive as taught in Shirasaki 20110235016 at [0006, 0033-0034] with a reasonable expectation of forming a useful EUV pellicle. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification (see prepub at [0044-0047]). (this addresses the silicon pellicle membrane embodiment)
With respect to claims 1-7,10,13,15-17,19,21-23 and 30, it would have been obvious to form a titanium frame with a thickness of less than 2.5 mm as taught at [0052-0053] of Ohkubo et al. JP 2019168502 and to use sand blasting on the Ti frame to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Shirasaki 20110235016, which is taught as useful with EUV pellicle frames in Shirasaki 20110235016 and attaching the carbon nanotube film using a pressure sensitive adhesive as taught in Ohkubo et al. JP 2019168502 at [0052] and Shirasaki 20110235016 at [0006] and attaching the finished pellicle to a mask/original as disclosed at Ohkubo et al. JP 2019168502 at [0055] with a reasonable expectation of forming a useful EUV pellicle protected mask. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification (see prepub at [0044-0047]).
In addition to the response above, the examiner points out that treating the surfaces to roughen them using sand blasting or the like to reduce the reflectivity is known in the pellicle art to reduce reflectivity of the frame, which reduces problems that stray/reflected light would cause during exposure. A reduction in the reflectance of a surface due to mechanical roughening of the surface would be expected to be expected to occur irrespective of the substrate which is being roughened.
Claims 1-7,10-13,15-17,19,21-23 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Ohkubo et al. JP 2019168502, in view of Yanagawa JP 2009003111 and Shirasaki 20110235016, further in view of Kohmura et al. WO 2017030109, Lock et al. 20080032006 and Sekihara JP 2012-220533.
Kohmura et al. WO 2017030109 (machine translation attached) teaches frames of aluminum, aluminum alloy, magnesium alloy, titanium, brass, iron, stainless steel and the like. The frame may be surface-treated by plasma treatment, roughening treatment, sand blast treatment, shot blast treatment or the like. According to these treatments, foreign matters and oil components attached to the surface are removed. Therefore, when such a surface treatment is applied to the frame, the adhesion between the frame and the film containing the polyimide resin is likely to increase. Further, when the surface of the frame is roughened by the above processing, the surface of the pellicle frame is easily matted, and foreign matter attached to the surface of the pellicle frame is easily detected. The frame preferably has an anodized film formed by anodizing treatment from the viewpoint of the chemical stability of the pellicle frame. The method of anodizing the frame and its conditions are not particularly limited as long as the effects of the present invention are not impaired, and various conventionally known anodizing methods can be applied. For example, a known anodizing method using sulfuric acid, phosphoric acid, nitric acid, tartaric acid or the like can be applied [0020-0022].
Lock et al. 20080032006 teaches anodization of titanium to lower the reflectance [0198].
Sekihara JP 2012-220533 (machine translation attached) teaches the use of reinforcement elements (12) which can be made of metal include brass, copper, titanium, and alloys thereof. Iron-based alloys such as carbon steel and piano wire, and particularly stainless steel is preferable from the viewpoint of corrosion resistance. The surface of the metal linear reinforcing body 12 is preferably blackened. This is to minimize the influence on the foreign object inspection and prevent stray light. Examples of the blackening treatment include black chrome plating, black nickel plating, galvanizing black chromate treatment, radiant treatment, and parkerizing. Further, as the matting treatment, it is also preferable that the surface is subjected to a satin treatment by means such as pickling prior to the plating treatment [0023].
The combination of Ohkubo et al. JP 2019168502, Yanagawa JP 2009003111 and Shirasaki 20110235016 does not teach the blackening/anodization of Ti surfaces.
With respect to claims 1-7,10-13 and 30, it would have been obvious to form a titanium frame with a thickness of less than 2.5 mm as taught at [0052-0053] of Ohkubo et al. JP 2019168502 and to use sand blasting of the Ti frame followed by anodization (which forms titanium oxide on the surface) to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Kohmura et al. WO 2017030109, where the use of sand/shot blasting and roughening to reduce the reflectivity is taught as useful with EUV pellicle frames in Shirasaki 20110235016 and will allow the easy detection of dust/foreign particles as taught at [0020-0022] of Kohmura et al. WO 2017030109, noting that the anodization of Ti is known to reduce the reflectivity as evidenced by Lock et al. 20080032006 at [0198] and the blackening of the titanium surfaces is known in the pellicle art as evidenced by the teachings of Sekihara JP 2012-220533 at [0023] with a reasonable expectation of forming a useful EUV pellicle frame. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification (see prepub at [0044-0047]).
With respect to claims 1-7,10-13,15-17,19 and 30, it would have been obvious to form a titanium frame with a thickness of less than 2.5 mm as taught at [0052-0053] of Ohkubo et al. JP 2019168502 and to use sand blasting of the Ti frame followed by anodization (which forms titanium oxide on the surface) to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Kohmura et al. WO 2017030109, where the use of sand/shot blasting and roughening to reduce the reflectivity is taught as useful with EUV pellicle frames in Shirasaki 20110235016 and will allow the easy detection of dust/foreign particles as taught at [0020-0022] of Kohmura et al. WO 2017030109, noting that the anodization of Ti is known to reduce the reflectivity as evidenced by Lock et al. 20080032006 at [0198] and the blackening of the titanium surfaces is known in the pellicle art as evidenced by the teachings of Sekihara JP 2012-220533 at [0023] and attaching the carbon nanotube film using an pressure sensitive adhesive as taught in Ohkubo et al. JP 2019168502 at [0052] and Shirasaki 20110235016 at [0006] with a reasonable expectation of forming a useful EUV pellicle. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification (see prepub at [0044-0047]).
With respect to claims 1-7,10-13,15-17,19 and 30, it would have been obvious to form a titanium frame with a thickness of less than 2.5 mm as taught at [0052-0053] of Ohkubo et al. JP 2019168502 and to use sand blasting of the Ti frame followed by anodization (which forms titanium oxide on the surface) to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Kohmura et al. WO 2017030109, where the use of sand/shot blasting and roughening to reduce the reflectivity is taught as useful with EUV pellicle frames in Shirasaki 20110235016 and will allow the easy detection of dust/foreign particles as taught at [0020-0022] of Kohmura et al. WO 2017030109, noting that the anodization of Ti is known to reduce the reflectivity as evidenced by Lock et al. 20080032006 at [0198] and the blackening of the titanium surfaces is known in the pellicle art as evidenced by the teachings of Sekihara JP 2012-220533 at [0023] and attaching a silicon film or Cytop film using an pressure sensitive adhesive as taught in Shirasaki 20110235016 at [0006] with a reasonable expectation of forming a useful EUV pellicle. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification and the anodization (oxide formation) is the blackening used in the instant application (see prepub at [0044-0047]).
With respect to claims 1-7,10-13,15-17,19 and 30, it would have been obvious to form a titanium frame with a thickness of less than 2.5 mm as taught at [0052-0053] of Ohkubo et al. JP 2019168502 and to use sand blasting of the Ti frame followed by anodization (which forms titanium oxide on the surface) to reduce the reflectivity of the pellicle frame as taught by Yanagawa JP 2009003111 and Kohmura et al. WO 2017030109, where the use of sand/shot blasting and roughening to reduce the reflectivity is taught as useful with EUV pellicle frames in Shirasaki 20110235016 and will allow the easy detection of dust/foreign particles as taught at [0020-0022] of Kohmura et al. WO 2017030109, noting that the anodization of Ti is known to reduce the reflectivity as evidenced by Lock et al. 20080032006 at [0198] and the blackening of the titanium surfaces is known in the pellicle art as evidenced by the teachings of Sekihara JP 2012-220533 at [0023] and attaching the carbon nanotube film using an pressure sensitive adhesive as taught in Ohkubo et al. JP 2019168502 at [0052] and Shirasaki 20110235016 at [0006] and attaching the finished pellicle to a mask/original as disclosed at Ohkubo et al. JP 2019168502 at [0055] with a reasonable expectation of forming a useful EUV pellicle protected mask. Sand blasting or shot blasting is held to inherently result in a roughness within the range recited in the claims, noting the description of its use in example 2 of the instant specification (see prepub at [0044-0047]).
In addition to the response above, the examiner points out that anodizing is taught to blacken Al and Al alloy surfaces of pellicle frames in Yanagawa JP 2009003111 and the anodization of Ti is obvious from Lock et al. 20080032006 at [0198] and the blackening of the titanium surfaces is known in the pellicle art as evidenced by the teachings of Sekihara JP 2012-220533 at [0023]. The examiner holds that these teachings address any arguments regarding the obviousness of anodization applied to Ti pellicle frames.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7,10-13,15-17,19,21-23 and 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of copending Application No. 17/793461 (20230117335). Although the claims at issue are not identical, they are not patentably distinct from each other because the pellicle films where the frame surfaces were sand blasted (claim 13) and anodized/blackened (claim 11) inherently would yield a pellicle meeting the claims limitations.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The applicant has declined to address this rejection at this time. It is maintained.
Claims 1-7,10,13,15-17,19,21-23 and 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of copending Application No. 18/705331 (20250224668). Although the claims at issue are not identical, they are not patentably distinct from each other because the pellicle films where the frame surfaces were physically or chemically polished (claim 13) inherently would yield a pellicle meeting the claims limitations.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Iizuka et al. WO 2020045293 (machine translation attached) teaches blackening of Ti surfaces
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST.
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 December 3, 2025