Prosecution Insights
Last updated: April 17, 2026
Application No. 17/858,081

POD FOR CONTAINING A PHOTOMASK

Final Rejection §103
Filed
Jul 06, 2022
Examiner
SPICER, JENINE MARIE
Art Unit
3736
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
2 (Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
3y 5m
To Grant
69%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
380 granted / 749 resolved
-19.3% vs TC avg
Strong +18% interview lift
Without
With
+18.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
54 currently pending
Career history
803
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
40.1%
+0.1% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
27.1%
-12.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 749 resolved cases

Office Action

§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 . This Office Action acknowledges the applicant’s amendment filed on 5/26/2025. Claims 1, 3-7 and 9 are pending in the application. Claims 2, 8 and 10 are cancelled. 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 Rejections - 35 USC § 103 PNG media_image1.png 541 665 media_image1.png Greyscale Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIRAISHI NAOMASA et al. WO 03/079419 A1, previously presented, in view of Eva US 2007/0266733 A1. With regards to claim 1, SHIRAISHI NAOMASA (Figs. 12A-12B) discloses a pod 400, the pod comprising: a base 460 comprising a supporting frame; a cover 450 comprising a supporting frame corresponding to the supporting frame of the base and a continuous wall extending around the supporting frame of the cover and extending toward the base; a lower lens unit connected to the supporting frame of the base and formed with a lower lens 411 of an optical transmittance; and an upper lens unit connected to the supporting frame of the cover and formed with an upper lens 408 of an optical transmittance; wherein light is allowed to enter or leave the pod via the visible portion of each of the lower and upper lenses (see at least “Also in this reticle storage box 400, it is possible to irradiate the reticle R with ultraviolet rays through the upper and lower window glasses 408, 411”). Each of the lower and upper lenses of SHIRAISHI NAOMASA comprises a visible portion equal to or larger than a pattern (R) of a photomask to be contained in the pod, (note that the pattern is not part of the claimed invention, thus the limitation is considered to be intended use, although the prior art would meet the limitations as shown in Figure 12, this may vary depending on factors as the size and type of photomask to be held, which are unclaimed). SHIRAISHI NAOMASA discloses lenses in the lower lens unit and the upper lens unit that has an optical transmittance of light and the lens of each of the lower and upper lens units are made of quartz but it does not specifically disclose the optical transmittance is equal to or larger than 90% and the lower and upper lenses are made of 99.995% quartz doped with less than 5 ppm of metal. However, Eva teaches that it was known in the art to have an optical lens made of quartz doped with less than 5 ppm of metal (Para. 0026). Eva further recites “the metal impurities can even be below the detection limit”, therefore, the quartz would inherently be made of 99.995% quartz. Additionally according to the present application, Para. 0016, when a lens is “made of at least 99.995% pure quartz doped with less than 5 ppm of metal…the transmittance is equal to or larger than 90%”. Therefore, the lens of Eva would inherently have an optical transmittance equal to or larger than 90%. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the lenses in SHIRAISHI NAOMASA by providing a lens made of 99.995% quartz doped with less than 5 ppm of metal as taught by Eva for the purposes of improving transmissivity. With regards to claim 3, SHIRAISHI NAOMASA (Figs. 12A-12B) discloses the supporting frame of the base comprises a window 404a corresponding to some photomask and a countersink bore in communication with the window, wherein the lower lens unit comprises a sealing ring 440d inserted in the countersink bore with the lower lens and a pressing frame 412 connected to the supporting frame of the base to keep the sealing ring and the lower lens in the countersink bore. With regards to claim 4, SHIRAISHI NAOMASA (Figs. 12A-12B) discloses the supporting frame of the cover comprises a window 407a corresponding to the photomask and a countersink bore in communication with the window, wherein the upper lens unit comprises a sealing ring 440b inserted in the countersink bore with the upper lens and a pressing frame 409 connected to the supporting frame of the cover to keep the sealing ring and the upper lens in the countersink bore. With regards to claim 5, SHIRAISHI NAOMASA (Figs. 12A-12B) discloses two lateral windows 416a/416d connected to two portions of the continuous wall of the cover 450 corresponding to two opposite lateral faces of some photomask but it does not specifically disclose the windows include two lateral lens units, wherein each of the lateral lens units comprises a lateral lens of an optical transmittance equal to or larger than 90%, wherein each of the lateral lenses is made of quartz, and comprises a visible portion equal to or larger than each of the opposite lateral faces of the photomask, wherein light is allowed to reach or leave the photomask via the visible portion of the lower lenses. SHIRAISHI NAOMASA discloses lens units (upper and lower lens unit; shown above) is made of quartz, and comprises a visible portion equal to or larger than each of the opposite lateral faces of some photomask, wherein light is allowed to reach or leave some photomask via the visible portion of the lens of each of the lower, upper and lateral lens units when the photomask is contained in the pod. See claim 1, for Eva teachings of a lens of a transmittance equal to or larger than 90%. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the two lateral openings to include lens units similar to the upper and lower lens units of SHIRAISHI NAOMASA, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). With regards to claim 6, SHIRAISHI NAOMASA (Figs. 12A-12B) discloses the continuous wall of the cover 450 comprises two windows 416a/416d corresponding to the photomask but it does not specifically disclose the windows have two countersink bores in communication with the windows, wherein each of the lateral lens units comprises a sealing ring inserted in the countersink bore with the lens thereof and a pressing frame connected to the continuous wall of the cover to keep the sealing ring and the lens in the countersink bore. SHIRAISHI NAOMASA discloses windows 404a/407a that have two countersink bores in communication with the windows, wherein each of the units comprises a sealing ring 440d/440b inserted in the countersink bore with the lens thereof and a pressing frame 412/409 connected to the continuous wall of the cover to keep the sealing ring and the lens in the countersink bore. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the two lateral openings include countersink bores, sealing rings and pressing frame similar to the upper and lower structures of SHIRAISHI NAOMASA, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIRAISHI NAOMASA et al. WO 03/079419 A1, previously presented, in view of Eva US 2007/0266733 A1 and further in view of Suzuki et al. US 2007/0206173 A1, previously presented. With regards to claim 7, SHIRAISHI NAOMASA (Figs. 12A-12B) in view of Eva discloses the claimed invention (pod) as stated above but it does not specifically disclose an internal pod inserted in the pod, wherein the internal pod comprises: a base comprising a supporting frame; a cover comprising a supporting frame corresponding to the supporting frame of the base of the internal pod and a continuous wall extending around the supporting frame of the cover of the internal pod and extending toward the base of the internal pod, wherein a chamber is defined between the cover and base of the internal pod to contain the photomask when the cover of the internal pod is connected to the base of the internal pod; a lower lens unit connected to the supporting frame of the base of the internal pod and formed with a lower lens of an optical transmittance equal to or larger than 90%; and an upper lens unit connected to the supporting frame of the cover of the internal pod and formed with an upper lens of an optical transmittance equal to or larger than 90%; wherein the lower and upper lenses are made of 99.995% quartz doped with less than 5 ppm of metal; wherein each of the lower and upper lenses comprises a visible portion equal to or larger than a pattern of a photomask to be contained in the pod wherein light is allowed to enter or leave the internal pod via the visible portion of each of the lower and upper lenses of the internal pod. However, Suzuki teaches that it was known in the art to have an internal pod 2 inserted in a pod 3, wherein the internal pod comprises: a base 2b comprising a supporting frame; a cover 2a comprising a supporting frame corresponding to the supporting frame of the base of the internal pod and a continuous wall extending around the supporting frame of the cover of the internal pod and extending toward the base of the internal pod, wherein a chamber is defined between the cover and base of the internal pod to contain some photomask when the cover of the internal pod is connected to the base of the internal pod; a lower lens unit 2i/2j connected to the supporting frame of the base of the internal pod and formed with a lower lens of an optical transmittance; and an upper lens unit 2d connected to the supporting frame of the cover of the internal pod and formed with an upper lens of an optical transmittance; wherein light is allowed to enter or leave the internal pod via the visible portion of each of the lower and upper lenses of the internal pod. The lens of the lower lens unit and the upper lens unit of the inner pod of Suzuki is capable of comprising a visible portion capable of being equal to or larger than the pattern of some photomask depending on such factors as the size and type of photomask to be held. Suzuki discloses lenses in the lower lens unit and the upper lens unit that has a transmittance of light but it does not specifically disclose the transmittance is equal to or larger than 90%. See claim 1, for Eva teachings of a lens of a transmittance equal to or larger than 90% and lenses are made of 99.995% quartz doped with less than 5 ppm of metal. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pod in SHIRAISHI NAOMASA by providing an inner pod in the pod as taught by Suzuki for the purposes of allowing more protection and easier transport of the substrate. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIRAISHI NAOMASA et al. WO 03/079419 A1 in view of AHN et al. US 2019/0204732 A1. With regards to claim 9, SHIRAISHI NAOMASA (Figs. 12A-12B) discloses a pod 400 for containing some photomask formed with two parallel faces and a pattern (R), the pod comprising two primary lens units respectively connected to two portions of the pod corresponding to the faces of some photomask, wherein each of the primary lens units comprises a lens 408/411 of an optical transmittance, wherein each of the lenses comprises a visible portion equal to or larger than the pattern formed on some photomask (see Fig. 12B), wherein light is allowed to reach or leave the photomask via the visible portion of each of the lenses (see at least “Also in this reticle storage box 400, it is possible to irradiate the reticle R with ultraviolet rays through the upper and lower window glasses 408, 411”). The lens of each primary lens unit of SHIRAISHI NAOMASA is capable of comprising a visible portion capable of being equal to or larger than the pattern of some photomask depending on such factors as the size and type of photomask to be held. In other words, note that the photomask is not part of the claimed invention, thus the limitation is considered to be intended use, although the prior art would meet the limitations as shown in Figure 12, this may vary depending on factors as the size and type of photomask to be held, which are unclaimed. SHIRAISHI NAOMASA discloses primary lenses of the lens units have a transmittance of light but it does not specifically disclose the transmittance is equal to or larger than 90% and each of the lenses is made of 99.995% quartz doped with less than 5 ppm of metal. See claim 1, for Eva teachings of a lens of a transmittance equal to or larger than 90% and lenses made of 99.995% quartz doped with less than 5 ppm of metal. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 3-7 and 9 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. However, with regards to the Applicant remarks stating SHIRAISHI NAOMASA not disclosing lenses made of 99.995% quartz doped with less than 5 ppm of metal, the reference Eva has been cited to teach that it is known in the art to have a lens made of 99.995% quartz doped with less than 5 ppm of metal, to inherently disclose a lens having an optical transmittance of at least 90%. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE PAGAN 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 on (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

Jul 06, 2022
Application Filed
Jul 18, 2024
Non-Final Rejection — §103
Dec 23, 2024
Response Filed
Dec 23, 2024
Response after Non-Final Action
Jan 22, 2026
Final Rejection — §103 (current)

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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
69%
With Interview (+18.4%)
3y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 749 resolved cases by this examiner. Grant probability derived from career allow rate.

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