DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/18/2026 has been entered.
3. Claims 1-7, 9-11, 13-19 are pending. Claims 1-7, 9-11, 13-16 are under examination on the merits. Claim 1 is amended. Claim 8 is canceled. Claim 12 is previously cancelled. Claims 17-19 are withdrawn to a non-elected invention from further consideration.
4. The objections and rejections not addressed below are deemed withdrawn.
5. Applicant’s arguments with respect to claims 1-7, 9-11, 13-16 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 1-7, 9-11,13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gruner et al. (US Pub. No. 2019/0064676 A1, hereinafter “’676”) in view of Fujihara et al. (Chemical processing for inorganic fluoride and oxyfluoride materials having optical functions, Journal of Fluorine Chemistry 130, 2009,1106-1110, hereinafter “Fujihara”) or Dominic N. Lo Lacono (US Pat. No. 6.620,347 B1, hereinafter “’347”).
Regarding claims 1-2: ‘676 teaches an optical element for the vacuum-ultraviolet (VUV) wavelength range as attenuation filter (Page 1, [0007]) comprising: a substrate (Page 5, [0040]), and a coating as an absorption layer (i.e., read on a fluorine scavenger layer) applied to the substrate (Page 2, [0014]; Page 5, [0041]), wherein the absorption layer comprising a fluoride material such as CaF2 doped with a dopant ion such as lead (Pb) CAF2:Pb (Page 5, [0041]), and not forming a solid solution, e.g., in principle, the doped fluoride material of the fluorine scavenger layer (i.e. the material of the fluorine scavenger layer) should generally have the following chemical structural formula (in the absence of a solid solution Mx+Fx-:Ax+; see instant Pub. No. 2023/0147463 A1, Page 3, [0029]), and wherein the coating has a wavefront correction layer (i.e., read on a fluoride layer) and the absorption layer is applied to a side of the wavefront correction layer remote from the substrate (Page 3, [0031]). ‘676 does not expressly teach the at least one fluoride scavenger layer is transparent to radiation in the VUV wavelength range.
However, Fujihara teaches chemical processing for synthesizing inorganic metal fluoride and oxyfluoride materials for applications in optics and photonics, wherein a variety of fluoride materials including alkaline earth fluorides (MgF2, CaF2, SrF2 and BaF2), rare-earth fluorides (LaF3, NdF3, GdF3, etc.), which can be utilized as anti-reflective coatings, luminescent
materials, VUV materials, IR materials, and so forth. Fujihara summarizes fundamentals and possible applications of optically useful inorganic fluoride and oxyfluoride materials, with emphasis on porous single-layer anti-reflective coatings and visible photoluminescence of doped Eu3+ or Eu2+ ions (i.e., transparent to radiation in the VUV wavelength range; Page 1106, Abstract, lines 1-11) with providing fluoride and oxyfluoride coating films, oxyfluoride glass-ceramics, and oxide/fluoride nanocomposite thin films (Page 1106, left Col., Introduction, 2nd para., lines 12-15).
Alternatively, ‘347 teaches a crystal filter and a method of making a crystal filter capable of transmitting radiation within a particular pass band is disclosed. The crystal filter is particularly appropriate for a UV detection system, where the pass band is between about 200 to about 350 nm (Col. 2, lines 10-14). ‘347 teaches the crystal filter 15 is an alkaline earth fluoride which is co-doped with a lanthanide or actinide fluoride and a lanthanide or actinide nitride, boride, carbide, oxide or hydroxide. The fluoride host crystal can be an alkaline earth fluoride, zinc fluoride (ZnF2) or cadmium fluoride (CdF2). The alkaline earth fluorides include magnesium fluoride (MgF2), calcium fluoride (CaF-2), strontium fluoride (SrF2), and barium fluoride (BaF2). These single-crystal host materials transmit in the 200-350 nm region, each having a UV absorption edge of around 150 nm. The lanthanide and actinide elements include Ce, Pr, Nd, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, and U (i.e., transparent to radiation in the VUV wavelength range). The combination of lanthanide or actinide fluoride dopant, and lanthanide or actinide nitride, boride, oxide, carbide or hydroxide doping, provides optical absorption bands which limits the transmissions of the crystal filters to the useful range of wavelengths and in wavelengths above the absorption band, away from the useful range of wavelength, i.e. creates a pass-band having the desired characteristics (Col. 4, lines 23-40).
In an analogous art the optical element for the VUV wavelength range of, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the at least one fluorine scavenger layer comprising a fluoride material doped with a dopant ion by ‘676, so as to include alkaline earth fluorides (MgF2, CaF2, SrF2 and BaF2) doped with Eu3+ or Eu2+ ions as taught by Fujihara, and would have been motivated to do so with reasonable expectation that this would result in providing an optical element for the VUV material comprising fluoride and oxyfluoride coating films, oxyfluoride glass-ceramics, and oxide/fluoride nanocomposite thin films as suggested by Fujihara (Page 1106, left Col., Introduction, 2nd para., lines 12-15).
In an analogous art the optical element for the VUV wavelength range of, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the at least one fluorine scavenger layer comprising a fluoride material doped with a dopant ion by ‘676, so as to include alkaline earth fluorides include magnesium fluoride (MgF2), calcium fluoride (CaF-2), strontium fluoride (SrF2), and barium fluoride (BaF2) doped with the lanthanide and actinide elements include Ce, Pr, Nd, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, and U as taught by ‘347, and would have been motivated to do so with reasonable expectation that this would result in providing optical absorption bands which limits the transmissions of the crystal filters to the useful range of wavelengths and in wavelengths above the absorption band, away from the useful range of wavelength, i.e. creates a pass-band having the desired characteristics as suggested by ‘347 (Col. 4, lines 23-40).
"Where ... the claimed and prior art products are identical or substantially identical ... the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product." In re Best, 562 F.2d 1252, 1255 (CCPA 1977) (citations and footnote omitted). The mere recitation of a property or characteristic not disclosed by the prior art does not necessarily confer patentability to a composition or a method of using that composition. See In re Skoner, 51 7 F .2d 94 7, 950 ( CCP A 1975).
Regarding claims 3-7: The disclosure of ‘676 in view of Fujihara or ‘347 is adequately set forth in paragraph above and is incorporated herein by reference. ‘676 teaches the optical element as attenuating filter (Page 1, [0006]) for the VUV wavelength range (Page 1, [0007]), comprising a substrate and a coating as absorption layer applied to the substrate (Page 2, [0018]), wherein the coating has at least one fluorine scavenging layer (i.e., an absorption layer) comprising a fluoride material such as CaF2 which is doped with at least one metallic doping ion such as lead (Pb) (Page 5, [0041]), wherein the average value of lattice constant was found to be 5.4739 Å for Pb doped CaF2 and 5.46868 Å for undoped CaF2 sample (see Chauhan et al., Page 130, left Col., 1st para, lines 7-8). ‘676 teaches the host lattice ion of the fluoride material has a same valency as the at least one dopant ion (Ca2+ and Pb2+) (Page 5, [0041]). ‘676 teaches cerium (Ce) having an electron configuration of [Xe]4f15d16s2 with one unpaired valence electron (Page 5, [0041]).
Regarding claims 9-11: The disclosure of ‘676 in view of Fujihara or ‘347 is adequately set forth in paragraph above and is incorporated herein by reference. ‘676 teaches the optical element as attenuating filter (Page 1, [0006]) for the VUV wavelength range (Page 1, [0007]), comprising a substrate and a coating as absorption layer applied to the substrate (Page 2, [0018]), wherein the coating has at least one fluorine scavenging layer comprising a fluoride material such as CaF2, BaF2 (Page 5, [0040]) which is doped with at least one metallic doping ion such as lead (Pb), cerium (Ce) or yttrium (Y) (Page 5, [0041]). ‘676 does not expressly teach the dopant ion is selected from the group consisting of: Gd³⁺, Eu²⁺, Mn²⁺, Fe³⁺, Ru³⁺ and T1+ and, wherein the doped fluoride material of the at least one fluorine scavenger layer is selected from the group consisting of: SrF2:Eu²⁺, BaF2:Eu²⁻, LaF₃:Gd³⁺.
However, Fujihara teaches chemical processing for synthesizing inorganic metal fluoride and oxyfluoride materials for applications in optics and photonics, wherein a variety of fluoride materials including alkaline earth fluorides (MgF2, CaF2, SrF2 and BaF2), rare-earth fluorides (LaF3, NdF3, GdF3, etc.), which can be utilized as anti-reflective coatings, luminescent
materials, VUV materials, IR materials, and so forth. Fujihara summarizes fundamentals and possible applications of optically useful inorganic fluoride and oxyfluoride materials, with emphasis on porous single-layer anti-reflective coatings and visible photoluminescence of doped Eu3+ or Eu2+ ions (i.e., transparent to radiation in the VUV wavelength range; Page 1106, Abstract, lines 1-11) with providing fluoride and oxyfluoride coating films, oxyfluoride glass-ceramics, and oxide/fluoride nanocomposite thin films (Page 1106, left Col., Introduction, 2nd para., lines 12-15).
Alternatively, ‘347 teaches a crystal filter and a method of making a crystal filter capable of transmitting radiation within a particular pass band is disclosed. The crystal filter is particularly appropriate for a UV detection system, where the pass band is between about 200 to about 350 nm (Col. 2, lines 10-14). ‘347 teaches the crystal filter 15 is an alkaline earth fluoride which is co-doped with a lanthanide or actinide fluoride and a lanthanide or actinide nitride, boride, carbide, oxide or hydroxide. The fluoride host crystal can be an alkaline earth fluoride, zinc fluoride (ZnF2) or cadmium fluoride (CdF2). The alkaline earth fluorides include magnesium fluoride (MgF2), calcium fluoride (CaF-2), strontium fluoride (SrF2), and barium fluoride (BaF2). These single-crystal host materials transmit in the 200-350 nm region, each having a UV absorption edge of around 150 nm. The lanthanide and actinide elements include Ce, Pr, Nd, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, and U (i.e., transparent to radiation in the VUV wavelength range). The combination of lanthanide or actinide fluoride dopant, and lanthanide or actinide nitride, boride, oxide, carbide or hydroxide doping, provides optical absorption bands which limits the transmissions of the crystal filters to the useful range of wavelengths and in wavelengths above the absorption band, away from the useful range of wavelength, i.e. creates a pass-band having the desired characteristics (Col. 4, lines 23-40).
In an analogous art the optical element for the VUV wavelength range of, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the at least one fluorine scavenger layer comprising a fluoride material doped with a dopant ion by ‘676, so as to include alkaline earth fluorides (MgF2, CaF2, SrF2 and BaF2) doped with Eu3+ or Eu2+ ions as taught by Fujihara, and would have been motivated to do so with reasonable expectation that this would result in providing an optical element for the VUV material comprising fluoride and oxyfluoride coating films, oxyfluoride glass-ceramics, and oxide/fluoride nanocomposite thin films as suggested by Fujihara (Page 1106, left Col., Introduction, 2nd para., lines 12-15).
In an analogous art the optical element for the VUV wavelength range of, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the at least one fluorine scavenger layer comprising a fluoride material doped with a dopant ion by ‘676, so as to include alkaline earth fluorides include magnesium fluoride (MgF2), calcium fluoride (CaF-2), strontium fluoride (SrF2), and barium fluoride (BaF2) doped with the lanthanide and actinide elements include Ce, Pr, Nd, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, and U as taught by ‘347, and would have been motivated to do so with reasonable expectation that this would result in providing optical absorption bands which limits the transmissions of the crystal filters to the useful range of wavelengths and in wavelengths above the absorption band, away from the useful range of wavelength, i.e. creates a pass-band having the desired characteristics as suggested by ‘347 (Col. 4, lines 23-40).
Regarding claims 13-14: The disclosure of ‘676 in view of Fujihara or ‘347 is adequately set forth in paragraph above and is incorporated herein by reference. ‘676 teaches the optical element as attenuating filter (Page 1, [0006]) for the VUV wavelength range (Page 1, [0007]), wherein the at least one fluorine scavenger layer forms a capping layer of the coating or wherein the at least one fluorine scavenger layer forms a diffusion barrier between the fluoride layer and an additional layer, wherein the additional layer comprises a fluoride layer (Page 3, [0031]).
8. Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Gruner et al. (US Pub. No. 2019/0064676 A1, hereinafter “’676”) in view of Fujihara et al. (Chemical processing for inorganic fluoride and oxyfluoride materials having optical functions, Journal of Fluorine Chemistry 130, 2009,1106-1110, hereinafter “Fujihara”) or Dominic N. Lo Lacono (US Pat. No. 6.620,347 B1, hereinafter “’347”) as applied to claim 1 above, and further in view of Alexandra Pazidis (DE 102018211498 A1, hereinafter “’498”).
Regarding claims 15-16: The disclosure of ‘676 in view of Fujihara or ‘347 is adequately set forth in paragraph 7 above and is incorporated herein by reference. ‘676 in view of Fujihara or ‘347 does not expressly teach the coating forms a reflective coating or an antireflection coating for radiation in the VUV wavelength range, and an optical arrangement configured as a wafer inspection system
However, ‘498 teaches an optical arrangement comprising at least one reflective optical
element with a reflective surface, in particular for the vacuum ultraviolet wavelength range, with
at least one electrode and with at least one voltage source. Furthermore, ‘498 teaches a device for wafer and/or mask inspection or to a lithography device with such an optical arrangement (Page 5/40, [0001]) with benefit of providing an optical arrangement which contributes to
improving the radiation resistance of reflective optical elements, in particular in the shorter-wave
ultraviolet wavelength range (Page 6/40, [0004]).
In an analogous art the optical element for the VUV wavelength range of, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the optical element by ‘676, so as to include the coating forms a reflective coating or an antireflection coating for radiation in the VUV wavelength range, and an optical arrangement configured as a wafer inspection system as taught by ‘498, and would have been motivated to do so with reasonable expectation that this would result in providing an optical arrangement which contributes to improving the radiation resistance of reflective optical elements, in particular in the shorter-wave ultraviolet wavelength range as suggested by ‘498 (Page 6/40, [0004]).
Response to Arguments
9. Applicant’s arguments with respect to claims 1-7, 9-11, 13-16 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Examiner Information
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
03/25/2026
bijan.ahvazi@uspto.gov
Prosecution Insights