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 .
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 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 12-22 are rejected under 35 U.S.C. 102(a)(1) as fully anticipated by Lee et al. 20220365421 and Vles et al. 20180364561.
Lee et al. 20220365421 teaches heating the nanotube pellicle membrane under compression between a heater plate and a ram in vacuum, ambient environment or inert gas [0035-0036]. The annealing of the nanotube pellicle prior to and after attaching to a stretching frame is disclosed [0040]. In another embodiment, rather than using a heater plate, the chamber is heated, and the membrane(s) can be annealed via radiation [0038]. See also figures 5 and 7. FIG. 7 is a flow chart illustrating a fourth embodiment of a method for preparing a pellicle assembly. This method is applicable to membranes formed from nanotubes. In step 710, one or more initial membranes is/are attached to a stretching frame. In step 720, the initial membrane(s) is/are stretched to obtain an extended membrane. For example, the initial membrane(s) can be uniaxially stretched or biaxially stretched. In some embodiments, the initial membrane(s) is/are annealed during the stretching. The initial membrane(s) can be annealed at a temperature of about 200° C. to about 800° C. In other embodiments, the initial membrane(s) is/are heated at a temperature of about 200° C. to about 500° C. In some additional embodiments, the stretching is performed while an inert gas is flowed past or through the initial membrane(s). In some embodiments, the inert gas is pure nitrogen gas (N.sub.2). These optional steps are indicated in step 722 [0040]. The nanotubes can be carbon nanotubes [0024]. In some embodiments, the compressive pressure is applied for a time period of about 1 minute to about 60 minutes [0031].
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Vles et al. 20180364561 describes the use of resistive heating by applying current to a resistive element in contact with the pellicle (membrane). Alternatively, the current can be passed thought the pellicle (membrane) itself and the resistance of the pellicle (membrane) will cause the pellicle (membrane) to be heated directly [0281]. A pellicle assembly may comprise, a frame configured to support a pellicle and a pellicle attached to the frame, wherein the pellicle comprises at least one electrically conductive layer. The pellicle assembly may further comprise a current source connected across the at least one electrically conductive layer and configured to generate an electrical current through the at least one electrically conductive layer. The current source may be configured to generate a current which heats the pellicle through resistive heating such that the temperature of the pellicle is greater than a threshold temperature. The threshold temperature may be about 120 degrees Celsius or more. The current source may be configured to generate a substantially continuous current through the at least one electrically conductive layer [0395]. t will be appreciated that an electrical current required to heat a pellicle to a threshold temperature may be different for different materials. For example, a current required to heat a pellicle to a threshold temperature may depend on the resistivity of the conducting material of the pellicle and on the thermal mass of the pellicle. A current required to heat a given pellicle to a threshold temperature may be easily computed and/or established through experimentation by a person having ordinary skill in the art [0396]. In some embodiments, the pellicle frame 17 may be stretched using a method other than heating the pellicle frame 17. For example, one or more actuators (e.g. piezoelectric actuators) may be configured to apply a force to the frame so as to stretch the frame 17 [0407]. Prior to loading and/or unloading a patterning device and pellicle assembly to and/or from a lithographic apparatus, the tension in the pellicle 19 may be increased. In order to increase the tension in the pellicle 19, the pellicle 19 may be heated. For example, an electrical current may be passed through an electrically conductive layer of the pellicle (not shown in FIGS. 29A and 29B) so as to heat the pellicle through resistive heating. Additionally or alternatively, the pellicle 19 may be exposed to radiation which is absorbed by the pellicle and therefore serves to heat the pellicle [0414]. The main film layer 31c may alternatively be formed from some other material which is substantially transparent to EUV radiation, for example graphene, silicene, etc. References made herein to a pellicle or layer of a pellicle which is substantially transparent to EUV radiation are intended to mean that the pellicle or layer of a pellicle transmits at least 65% of incident EUV radiation, preferably at least 80% and more preferably at least 90% of incident EUV radiation [0178]. The methods and apparatus which have been described above for increasing stress tension in the pellicle may be used to introduce tension into a pellicle in materials in which it is difficult to introduce intrinsic tension. For example, in some embodiments a pellicle may comprise graphene. It is typically difficult to introduce tensions into a pellicle comprising graphene. The methods and apparatus described above may advantageously allow tension to be introduced to a pellicle comprising graphene [0422].
With respect to claims 12-22, it would have been obvious to modify to modify the processes taught with respect to figures 5 or 7 of Lee et al. 20220365421 by using a pellicle membrane comprised of carbon nanotubes based upon the disclosure of carbon nanotubes at [0024] of Lee et al. 20220365421 and heating in the presence of an inert gas, such as nitrogen as taught at [0035-0036,0040] of Lee et al. 20220365421 using resistive/Joule heating either by passing current thought a heater placed adjacent to the pellicle membrane or by directly passing current thought the carbon nanotube pellicle membrane as taught by Vles et al. 20180364561, based upon the disclosure of a heater plate at [0038] of Lee et al. 20220365421
In the arguments of 3/18/2026, the applicant correctly asserts that the previous rejection did not teach the joule/resistive heating of the pellicle in the presence of an inert gas prior to the attachment of the pellicle to the frame. A new rejection including new references addresses this change in the scope of coverage sought.
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 12-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No 12050399, in view of Vles et al. 20180364561.
In patent 12050399
Claim 1 recites:
A method of forming a pellicle assembly, comprising: reducing a thickness of a membrane to obtain a pellicle membrane, wherein the membrane comprises nanotubes, graphene, or graphite;
and affixing the pellicle membrane to a mounting frame to obtain the pellicle assembly.
Claim 4 recites:
The method of claim 2, wherein the pressure is applied for a time period of about 1 minute to about 60 minutes.
Claim 7 recites:
The method of claim 1, further comprising annealing the membrane while reducing the thickness of the membrane.
Claim 9 recites:
The method of claim 7, wherein the membrane is annealed at a temperature of about 200° C. to about 800° C.
Claim 10 recites:
The method of claim 7, further comprising flowing an inert gas past the initial membrane while reducing the thickness of the membrane.
Claim 11 recites:
The method of claim 10, wherein the inert gas is N.sub.2.
It would have been obvious to practice the processes of claims 10(7(1)) or 11(10(7(1))) of 12050399 which claim, annealing of the membrane in an inert atmosphere when reducing the thickness of a pellicle membrane of nanotubes, followed by attaching the nanotube membrane to a pellicle frame, where the heating uses resistive heating taught by Vles et al. 20180364561 as useful for heating pellicle membranes and the nanotubes are carbon nanotubes, based upon the other materials recited in claim 1 of 12050399 being graphite and graphene, which are carbon based and carbon nanotubes being a cylindrical form of graphene with a reasonable expectation of forming a useful pellicle with a thinner, annealed pellicle membrane.
Claims 1-6,9-11 are allowed.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP WO-20200089977 teaches heating of a polyimide pellicle membrane in the presence of nitrogen to form a carbonaceous/amorphous carbon film (production example 2). In production example 3, the carbonaceous film of production example 2 is heated in the presence of argon to form a (crystalline) graphite film [0040-0042].
Kim et al. 20160139501 establishes that joule heating to remove contaminants is known, the joule heating of graphite pellicle (membranes) is specifically disclosed [0059]. Figure 12 shows electrodes (443a) in contact with the pellicle membrane (234a) attached to a frame (233a)
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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 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 April 8, 2026