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 instant application having Application No. 17/994,457 filed on 11/28/2022 is presented for examination by the examiner.
Response to Amendment
This Office Action is in response to the communication filed 12/16/2025.
The amendments to claims 1, 2, 4, 5, 7-12, 14-19, and 21, filed 11/25/2025, are acknowledged and accepted.
The cancellation of claim 3, filed 11/25/2025, is acknowledged and accepted.
The addition of claim 22, filed 11/25/2025, is acknowledged and accepted.
Claims 1, 2, and 4-22 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to claims 1, 8, and 15 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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, and 4-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hennessy, “Enhanced atomic layer etching of native aluminum oxide for ultraviolet optical applications”, in view of Forcht (US 20210132269 A1)(Figure 6), in view of Forcht (US 20210132269 A1)(Figure 8), and further in view of Forcht (US 20210132269 A1)(Figure 5).
Regarding claim 1, Hennessy discloses a method of forming an optical element, the method comprising:
depositing an aluminum layer via a first physical deposition process (page 2, paragraph 2) and depositing a protective coating on a side of the aluminum layer (page 2, paragraph 2 states “Conventional fabrication techniques for Al UV mirrors prevent this oxidation by depositing a protective layer immediately following Al evaporation. These protective layers are typically metal fluoride materials”), wherein depositing the protective coating comprises:
depositing a first fluorine containing layer atop the aluminum layer via a second physical deposition process (page 2, paragraph 2 states “Conventional fabrication techniques for Al UV mirrors prevent this oxidation by depositing a protective layer immediately following Al evaporation. These protective layers are typically metal fluoride materials … materials such as LiF and AlF3 can also offer good performance with varying short wavelength cutoffs in the FUV related to the optical bandgap of the protective coating material, and with tradeoffs generally associated with the environmental stability of the protective coating … The advantage of depositing these layers with conventional physical vapor deposition (PVD) methods is that this can be performed sequentially with Al PVD”);
wherein the optical element does not have an oxide layer (last paragraph of page 2 states "It is therefore desirable, particularly for ALD encapsulation, to explore methods to remove the surface oxide in situ prior to the deposition of the fluoride protective layer", page 3, paragraph 2 states "ALE methods for the removal of Al2O3 have been demonstrated").
However, Hennessy does not disclose depositing an aluminum layer atop a glass substrate, depositing a protective coating on a side of the aluminum layer opposite the glass substrate, depositing a second fluorine containing layer atop the first fluorine containing layer via a third physical deposition process; and depositing a third fluorine containing layer directly onto the second fluorine containing layer via an atomic layer deposition process, wherein the third fluorine containing layer is an outermost layer of the optical element.
Forcht (Figure 6) teaches depositing an aluminum layer (69 “metal layer”, paragraph 0008 states "Preferably, the metal layer of these reflective optical elements, which either was applied in a targeted manner or is formed by the surface of a metallic substrate, comprises aluminum", Figure 6) atop a glass substrate (61 “substrate”, paragraph 0011 states "Preferably, the substrate is composed of quartz, titanium-doped quartz glass, calcium fluoride, magnesium fluoride, ceramic, glass ceramic, silicon, silicon carbide, in particular reaction bonded silicon-silicon carbide composite material, aluminum, copper or aluminum-copper alloy", Figure 6), depositing a protective coating (paragraph 0003 states “Reflective optical elements comprising, on a substrate, a metallic layer and overlying that a protective layer or a highly reflective layer system have proved to be particularly worthwhile in this case. The protective layer or the protective layer system can comprise one or more fluorides”, see examiner’s first markup of Figure 6) on a side of the aluminum layer (69 “metal layer”) opposite the glass substrate (61 "substrate", see examiner’s first markup of Figure 6), depositing a second fluorine containing layer (63’’ “metal fluoride layer”, see examiner’s first markup of Figure 6) atop the first fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6) via a third physical deposition process (paragraph 0015 states "All known coating processes are suitable in principle, such as, for instance, for example inter alia magnetron sputtering, ion-assisted deposition, plasma-enhanced deposition, thermal evaporation, etc"), and depositing a third fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6) directly onto the second fluorine containing layer (63’’ “metal fluoride layer”, see examiner’s first markup of Figure 6).
Below is an examiner’s first markup of Figure 6 of Forcht pointing out a first fluoride containing layer, a second fluoride containing layer, a third fluoride containing layer, a final layer, and a protective coating.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by depositing an aluminum layer atop a glass substrate, depositing a protective coating on a side of the aluminum layer opposite the glass substrate, depositing a second fluorine containing layer atop the first fluorine containing layer via a third physical deposition process, and depositing a third fluorine containing layer directly onto the second fluorine containing layer, as taught by Forcht (Figure 6), in order to utilize a material having a low coefficient of thermal expansion (paragraph 0011) and in order to increase the reflectivity (paragraph 0047).
Forcht (Figure 8) teaches depositing a fluorine containing layer via an atomic layer deposition process (paragraph 0055 states “steps 805 “applying a first layer composed of magnesium fluoride by means of atomic layer deposition onto the vapor-deposited magnesium fluoride layer” and 807 “applying a second layer composed of magnesium oxide by means of atomic layer deposition onto the applied magnesium fluoride layer.” In variants, these two steps 805 and 807 can be repeated as often as desired”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by siting a fluorine containing layer via an atomic layer deposition process, as taught by Forcht (Figure 8), in order to create thin and smooth layers as well as reduce loss of reflectivity and scattering (paragraph 0016).
Forcht (Figure 5) teaches wherein the third fluorine containing layer (53 “metal fluoride layer”, see examiner’s markup of Figure 5) is an outermost layer of the optical element (see examiner’s markup of Figure 5).
Below is an examiner’s markup of Figure 5 of Forcht (Figure 5) pointing out a third fluorine containing layer.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein the third fluorine containing layer is an outermost layer of the optical element, as taught by Forcht (Figure 5), in order to increase reflectivity (paragraph 0047).
Regarding claim 2, the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 1 and Hennessy further discloses wherein the first fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (page 2, paragraph 2 states “These protective layers are typically metal fluoride materials that are transparent at UV wavelengths. For example, a large number of astronomical UV mirrors, e.g., the Hubble Space Telescope optical telescope assembly, are fabricated with evaporated Al followed by 25 nm of MgF2.16 Alternate materials such as LiF and AlF3 can also offer good performance”).
However, Hennessy does not disclose the second fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2).
Forcht (Figure 6) teaches the second fluorine containing layer (63’’ “metal fluoride layer”, see examiner’s first markup of Figure 6) is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by the second fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 4, the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 1, however Hennessy does not disclose wherein the third fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein the third fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6) is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein the third fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 5, the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 1, however Hennessy does not disclose wherein the third fluorine containing layer is a stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein the third fluorine containing layer is a stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2) (see examiner’s second markup of Figure 6, the third layer may be interpreted to comprise multiple layers of 63' "metal fluoride layer" and 63’’ ''metal fluoride layer" and one layer of 63 “further metal fluoride layer”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein the third fluorine containing layer is a stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to increase the reflectivity (paragraph 0047) and utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 6, the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 5, however Hennessy does not disclose wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3).
Forcht (Figure 6) teaches wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3) (see examiner’s second markup of Figure 6 which shows the final layer is 63 "further metal fluoride layer" and paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3), as taught by Forcht (Figure 6), in order to utilize a final sealing with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraphs 0009, 0048).
Regarding claim 7, the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 5, however Hennessy does not disclose wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2) (see examiner’s second markup of Figure 6 which shows the final layer is 63 "further metal fluoride layer" and paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a final sealing with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraphs 0009, 0048).
Regarding claim 8, Hennessy discloses a method of forming an optical component, the method comprising:
depositing an aluminum layer via a physical deposition process (page 2, paragraph 2), wherein an aluminum oxide (A1203) layer forms on a surface of the aluminum layer after the depositing the aluminum layer (page 2, paragraph 1);
removing the aluminum oxide (A1203) layer from the surface of the aluminum layer via an atomic layer etching process (last paragraph of page 2 and page 3, paragraph 2);
depositing a first fluorine containing layer atop the aluminum layer via a first atomic layer deposition process (page 2, paragraph 2 states “Conventional fabrication techniques for Al UV mirrors prevent this oxidation by depositing a protective layer immediately following Al evaporation. These protective layers are typically metal fluoride materials … materials such as LiF and AlF3 can also offer good performance with varying short wavelength cutoffs in the FUV related to the optical bandgap of the protective coating material, and with tradeoffs generally associated with the environmental stability of the protective coating … The advantage of depositing these layers with conventional physical vapor deposition (PVD) methods is that this can be performed sequentially with Al PVD”) without exposing the aluminum layer to atmospheric air after removing the aluminum oxide layer (first paragraph of page 2 states “The difficulty in working with Al, particularly for UV applications, is associated with its tendency to rapidly oxidize when exposed to air”, first paragraph of page 3 states “Traditional microfabrication process methods like chemical sputtering or ion etching can be used to strip this oxide, but leave the metallic surface exposed and susceptible to reoxidation”, page 2, paragraph 2 states “Conventional fabrication techniques for Al UV mirrors prevent this oxidation by depositing a protective layer immediately following Al evaporation”);
and the optical element does not have an oxide layer (last paragraph of page 2 states "It is therefore desirable, particularly for ALD encapsulation, to explore methods to remove the surface oxide in situ prior to the deposition of the fluoride protective layer", page 3, paragraph 2 states "ALE methods for the removal of Al2O3 have been demonstrated").
However, Hennessy does not disclose depositing an aluminum layer atop a glass substrate, depositing a first fluorine containing layer atop the aluminum layer without exposing the glass substrate to atmospheric air, depositing a second fluorine containing layer atop the first fluorine containing layer via a second atomic layer deposition process; and depositing a third fluorine containing layer directly onto the second fluorine containing layer via a third atomic layer deposition process, wherein the third fluorine containing layer is an outermost layer of the optical element.
Forcht (Figure 6) teaches depositing an aluminum layer (69 “metal layer”, paragraph 0008 states "Preferably, the metal layer of these reflective optical elements, which either was applied in a targeted manner or is formed by the surface of a metallic substrate, comprises aluminum", Figure 6) atop a glass substrate (61 “substrate”, paragraph 0011 states "Preferably, the substrate is composed of quartz, titanium-doped quartz glass, calcium fluoride, magnesium fluoride, ceramic, glass ceramic, silicon, silicon carbide, in particular reaction bonded silicon-silicon carbide composite material, aluminum, copper or aluminum-copper alloy", Figure 6), depositing a first fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6) atop the aluminum layer (69 “metal layer”) without exposing the glass substrate (61 “substrate”) and aluminum layer (69 “metal layer”) to atmospheric air after removing the aluminum oxide layer (paragraph 0019 states “with atomic layer deposition, a metal fluoride layer can be applied to the substrate or to the metal layer. This is advantageous in terms of production engineering since the metal fluoride layer as it were seals the metal layer or the substrate surface, particularly in the case of a metallic substrate, and prevents contamination of the metallic surface if the substrate has to be brought into a special coating chamber for applying the first and second layers with atomic layer deposition … preferably, the metal fluoride layer is vapor deposited by the corresponding metal fluoride being heated in the vacuum”. Additionally, because the deposition of the first fluorine containing layer is adding a layer upon the aluminum layer, not removing any material, the deposition of a first fluorine containing layer must not expose the glass substrate to atmospheric air), depositing a third fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6) directly onto the second fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6, for examination purposes, the claim limitation is interpreted as a third fluoride containing layer is deposited atop a second fluoride containing layer).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by depositing an aluminum layer atop a glass substrate, depositing a first fluorine containing layer atop the aluminum layer without exposing the glass substrate and aluminum layer to atmospheric air after removing the aluminum oxide layer, depositing a third fluorine containing layer directly onto the second fluorine containing layer, as taught by Forcht (Figure 6), in order to utilize a material having a low coefficient of thermal expansion (paragraph 0011), in order to improve production engineering and prevent contamination (paragraph 0019), in order to increase the reflectivity (paragraph 0047).
Forcht (Figure 8) teaches depositing a fluorine containing layer via a first atomic layer deposition process (paragraph 0055 states “steps 805 “applying a first layer composed of magnesium fluoride by means of atomic layer deposition onto the vapor-deposited magnesium fluoride layer””), depositing a second fluorine containing layer via a second atomic layer deposition process (paragraph 0055 states “807 “applying a second layer composed of magnesium oxide by means of atomic layer deposition onto the applied magnesium fluoride layer”), depositing a third fluorine containing layer via a third atomic layer deposition process (paragraph 0055 states “in variants, these two steps 805 and 807 can be repeated as often as desired”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by depositing a first fluorine containing layer via a first atomic layer deposition process, depositing a second fluorine containing layer via a second atomic layer deposition process, depositing a third fluorine containing layer via a third atomic layer deposition process, as taught by Forcht (Figure 8), in order to create thin and smooth layers as well as reduce loss of reflectivity and scattering (paragraph 0016).
Forcht (Figure 5) teaches wherein the third fluorine containing layer (53 “metal fluoride layer”, see examiner’s markup of Figure 5) is an outermost layer of the optical element (see examiner’s markup of Figure 5).
Below is an examiner’s markup of Figure 5 of Forcht (Figure 5) pointing out a third fluorine containing layer.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein the third fluorine containing layer is an outermost layer of the optical element, as taught by Forcht (Figure 5), in order to increase reflectivity (paragraph 0047).
Regarding claim 9, the combination of the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 8 and Hennessy further discloses wherein the first fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (page 2, paragraph 2 states “These protective layers are typically metal fluoride materials that are transparent at UV wavelengths. For example, a large number of astronomical UV mirrors, e.g., the Hubble Space Telescope optical telescope assembly, are fabricated with evaporated Al followed by 25 nm of MgF2.16 Alternate materials such as LiF and AlF3 can also offer good performance”).
Regarding claim 10, the combination of the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 8, however Hennessy does not disclose wherein the second fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein the second fluorine containing layer (63’’ “metal fluoride layer”, see examiner’s first markup of Figure 6) is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein the second fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 11, the combination of the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 8, however Hennessy does not disclose wherein the third fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein the third fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6) is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein the third fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 12, the combination of the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 8, however Hennessy does not disclose wherein the third fluorine containing layer is a stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein the third fluorine containing layer is a stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2) (see examiner’s second markup of Figure 6, the third layer may be interpreted to comprise multiple layers of 63' "metal fluoride layer" and 63’’ ''metal fluoride layer" and one layer of 63 “further metal fluoride layer”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein the third fluorine containing layer is a stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to increase the reflectivity (paragraph 0047) and utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 13, the combination of the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 12, however Hennessy does not disclose wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3).
Forcht (Figure 6) teaches wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3) (see examiner’s second markup of Figure 6 which shows the final layer is 63 "further metal fluoride layer" and paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3), as taught by Forcht (Figure 6), in order to utilize a final sealing with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraphs 0009, 0048).
Regarding claim 14, the combination of the combination of Hennessy, Forcht (Figure 6), Forcht (Figure 8), and Forcht (Figure 5) disclose all the limitations of claim 12, however Hennessy does not disclose wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2) (see examiner’s second markup of Figure 6 which shows the final layer is 63 "further metal fluoride layer" and paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of forming an optical element of Hennessy modified by wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a final sealing with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraphs 0009, 0048).
Claims 15-22 are rejected under 35 U.S.C. 103 as being unpatentable over Hennessy, “Enhanced atomic layer etching of native aluminum oxide for ultraviolet optical applications”, in view of Forcht (US 20210132269 A1)(Figure 6), and further in view of Forcht (US 20210132269 A1)(Figure 5).
Regarding claim 15, Hennessy discloses an optical element comprising:
an aluminum layer (page 2, paragraph 2); and
a protective coating disposed on a side of the aluminum layer (page 2, paragraph 2 states “Conventional fabrication techniques for Al UV mirrors prevent this oxidation by depositing a protective layer immediately following Al evaporation. These protective layers are typically metal fluoride materials”),
wherein the protective coating comprises:
a first fluorine containing layer (page 2, paragraph 2 states “Conventional fabrication techniques for Al UV mirrors prevent this oxidation by depositing a protective layer immediately following Al evaporation. These protective layers are typically metal fluoride materials … materials such as LiF and AlF3 can also offer good performance with varying short wavelength cutoffs in the FUV related to the optical bandgap of the protective coating material, and with tradeoffs generally associated with the environmental stability of the protective coating … The advantage of depositing these layers with conventional physical vapor deposition (PVD) methods is that this can be performed sequentially with Al PVD”); and
the optical element does not have an oxide layer (last paragraph of page 2 states "It is therefore desirable, particularly for ALD encapsulation, to explore methods to remove the surface oxide in situ prior to the deposition of the fluoride protective layer", page 3, paragraph 2 states "ALE methods for the removal of Al2O3 have been demonstrated").
However, Hennessy does not disclose a glass substrate, an aluminum layer atop the glass substrate, a protective coating disposed on a side of the aluminum layer opposite the glass substrate, a second fluorine containing layer atop the first fluorine containing layer; and a third fluorine containing layer atop the second fluorine containing layer, wherein the third fluorine containing layer is an outermost layer of the optical element.
Forcht (Figure 6) teaches a glass substrate (61 "substrate", paragraph 0011 states "Preferably, the substrate is composed of quartz, titanium-doped quartz glass, calcium fluoride, magnesium fluoride, ceramic, glass ceramic, silicon, silicon carbide, in particular reaction bonded silicon-silicon carbide composite material, aluminum, copper or aluminum-copper alloy", Figure 6), an aluminum layer (69 “metal layer”, Figure 6) atop the glass substrate (61 “substrate”, paragraph 0048 states "To that end, a metal layer 69 is provided on a substrate 61", paragraph 0008 states "Preferably, the metal layer of these reflective optical elements, which either was applied in a targeted manner or is formed by the surface of a metallic substrate, comprises aluminum"), a protective coating (paragraph 0003 states “Reflective optical elements comprising, on a substrate, a metallic layer and overlying that a protective layer or a highly reflective layer system have proved to be particularly worthwhile in this case. The protective layer or the protective layer system can comprise one or more fluorides”, see examiner’s first markup of Figure 6) disposed on a side of the aluminum layer (69 “metal layer”) opposite the glass substrate (61 "substrate", see examiner’s first markup of Figure 6), a second fluorine containing layer (63’’ “metal fluoride layer”, see examiner’s first markup of Figure 6) atop the first fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6), a third fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6) atop the second fluorine containing layer (63’’ “metal fluoride layer”, see examiner’s first markup of Figure 6).
Below is an examiner’s first markup of Figure 6 of Forcht pointing out a first fluoride containing layer, a second fluoride containing layer, a third fluoride containing layer, a final layer, and a protective coating.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the optical element of Hennessy modified by a glass substrate, an aluminum layer atop the glass substrate, a protective coating disposed on a side of the aluminum layer opposite the glass substrate, a second fluorine containing layer atop the first fluorine containing layer, a third fluorine containing layer atop the second fluorine containing layer, as taught by Forcht (Figure 6), in order to utilize a material having a low coefficient of thermal expansion (paragraph 0011) and in order to increase the reflectivity (paragraph 0047).
Forcht (Figure 5) teaches wherein the third fluorine containing layer (53 “metal fluoride layer”, see examiner’s markup of Figure 5) is an outermost layer of the optical element (see examiner’s markup of Figure 5).
Below is an examiner’s markup of Figure 5 of Forcht (Figure 5) pointing out a third fluorine containing layer.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the optical element of Hennessy modified by wherein the third fluorine containing layer is an outermost layer of the optical element, as taught by Forcht (Figure 5), in order to increase reflectivity (paragraph 0047).
Regarding claim 16, the combination of the combination of Hennessy, Forcht (Figure 6), and Forcht (Figure 5) disclose all the limitations of claim 15 and Hennessy further discloses wherein the first fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (page 2, paragraph 2 states “These protective layers are typically metal fluoride materials that are transparent at UV wavelengths. For example, a large number of astronomical UV mirrors, e.g., the Hubble Space Telescope optical telescope assembly, are fabricated with evaporated Al followed by 25 nm of MgF2.16 Alternate materials such as LiF and AlF3 can also offer good performance”).
Regarding claim 17, the combination of the combination of Hennessy, Forcht (Figure 6), and Forcht (Figure 5) disclose all the limitations of claim 15, however Hennessy does not disclose wherein the second fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein the second fluorine containing layer (63’’ “metal fluoride layer”, see examiner’s first markup of Figure 6) is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the optical element of Hennessy modified by wherein the second fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 18, the combination of the combination of Hennessy, Forcht (Figure 6), and Forcht (Figure 5) disclose all the limitations of claim 15, however Hennessy does not disclose wherein the third fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein the third fluorine containing layer (63’ “metal fluoride layer”, see examiner’s first markup of Figure 6) is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2) (paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the optical element of Hennessy modified by wherein the third fluorine containing layer is one of aluminum fluoride (AlF3) or magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 19, the combination of the combination of Hennessy, Forcht (Figure 6), and Forcht (Figure 5) disclose all the limitations of claim 15, however Hennessy does not disclose wherein the third fluorine containing layer is the stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein the third fluorine containing layer is the stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2) (see examiner’s second markup of Figure 6, the third layer may be interpreted to comprise multiple layers of 63' "metal fluoride layer" and 63’’ ''metal fluoride layer" and one layer of 63 “further metal fluoride layer”).
Below is an examiner’s second markup of Figure 6 of Forcht pointing out a third fluorine containing layer as a stack of alternating layers.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the optical element of Hennessy modified by wherein the third fluorine containing layer is the stack of alternating layers of aluminum fluoride (AlF3) and magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to increase the reflectivity (paragraph 0047) and utilize a material with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraph 0009).
Regarding claim 20, the combination of the combination of Hennessy, Forcht (Figure 6), and Forcht (Figure 5) disclose all the limitations of claim 19, however Hennessy does not disclose wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3).
Forcht (Figure 6) teaches wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3) (see examiner’s second markup of Figure 6 which shows the final layer is 63 "further metal fluoride layer" and paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the optical element of Hennessy modified by wherein a final layer in the stack of alternating layers is aluminum fluoride (AlF3), as taught by Forcht (Figure 6), in order to utilize a final sealing with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraphs 0009, 0048).
Regarding claim 21, the combination of the combination of Hennessy, Forcht (Figure 6), and Forcht (Figure 5) disclose all the limitations of claim 19, however Hennessy does not disclose wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2).
Forcht (Figure 6) teaches wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2) (see examiner’s second markup of Figure 6 which shows the final layer is 63 "further metal fluoride layer" and paragraph 0009 states "Preferably, the metal fluoride layer comprises magnesium fluoride, aluminum fluoride").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the optical element of Hennessy modified by wherein a final layer in the stack of alternating layers is magnesium fluoride (MgF2), as taught by Forcht (Figure 6), in order to utilize a final sealing with a low absorption in the wavelength range of 100nm to 200 nm and a low radiation intensity, and to prevent damage upon a metallic surface (paragraphs 0009, 0048).
Regarding claim 22, the combination of the combination of Hennessy, Forcht (Figure 6), and Forcht (Figure 5) disclose all the limitations of claim 15, however Hennessy does not disclose wherein the first fluorine containing layer, the second fluorine containing layer, and the third fluorine containing layer each have a thickness less than or equal to 10 nm.
It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize a first fluorine containing layer, a second fluorine containing layer, and a third fluorine containing layer such that the first fluorine containing layer, the second fluorine containing layer, and the third fluorine containing layer each have a thickness less than or equal to 10 nm, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980).
Conclusion
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/ALAINA MARIE SWANSON/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872