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 .
Status
Acknowledgment is made of the amendment filed on 2/19/2026, which amended claims 1-2, 8, 14, 17, and 21, cancelled claim 3, and added new claim 22. Claims 1-2, 4-8, 10-22 are currently pending.
Claim Objections
Claim 21 is objected to because of the following informalities:
Claim 21, line 17, “electrode completely embedded” should be changed to --electrode is completely embedded-- to improve phrasing.
Appropriate correction is required to place claims in better form.
Claim Rejections - 35 USC § 103
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 1-5, 7, 10, 15, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hakvoort et al. (US PGPub 2018/0164581) in view of Baer et al. (US PGPub 2013/0141707, Baer hereinafter; cited by 3/26/2024 IDS).
Regarding claim 1, Hakvoort discloses an optical element (Figs. 1-6), comprising:
a manipulator configured to change a shape of an optical surface of the optical element (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layers 8a, 8b to deform the mirror to provide local wavefront correction over the mirror surface 3), the manipulator comprising:
a dielectric medium (Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8);
work electrodes (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layer 8 to deform the piezoelectric layer); and
a measuring electrode configured to measure a temperature of the dielectric medium (Figs. 1, 2, 4, paras. [0035], [0058]-[0059], [0065], [0091], [0126], interconnection layer 10 measures the temperature using the resistance measurement), wherein:
the work electrodes are configured to generate an electric field applicable to the dielectric medium (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layer 8);
the dielectric medium is configured to deform when the electric field generated by the work electrodes is applied to the dielectric medium (Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8 deforms upon application of the electric fields generated by electrodes 9a, 9b);
the measuring electrode has a temperature-dependent resistance (Figs. 1, 2, 4, paras. [0058]-[0059], [0065], [0091], interconnection layer 10 has a temperature-dependent resistance); and
the measuring electrode is completely embedded in a layer stack and adjacent the dielectric medium (Figs. 1, 2, 4, paras. [0035], [0058]-[0059], [0065], [0091], [0126], interconnection layer 10 is in contact with the piezoelectric layer 8). However, Hakvoort does not appear to explicitly describe the measuring electrode is completely embedded within the dielectric medium.
Baer discloses a measuring electrode configured to measure a temperature of the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], wire grid 1050 with pattern structures 1051 is used to measure temperature in insulating layer 1052), wherein:
the measuring electrode has a temperature-dependent resistance (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 have a temperature-dependent resistance); and
the measuring electrode is completely embedded within the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 are embedded in insulating layer 1052).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the measuring electrode is completely embedded within the dielectric medium as taught by Baer in the arrangement of the measuring electrode in the optical element as taught by Hakvoort since including the measuring electrode is completely embedded within the dielectric medium is commonly used to directly detect the measurement distribution within a dielectric layer (Baer, para. [0177]) to enable temperature control of the optical element.
Regarding claim 2, Hakvoort as modified by Baer discloses wherein the measuring electrode is completely embedded within the dielectric medium over at area of at least one square millimeter (Hakvoort, Figs. 1, 2, 4, and 6, paras. [0047]-[0049], [0065], [0068], the interconnection layer has an area over at least 1 square mm as it is deposited over the piezoelectric layer 8, and the electrodes have a diameter of at least 2 mm).
Regarding claim 4, Hakvoort as modified by Baer discloses wherein the measuring electrode is line-shaped, and the measuring electrode comprises a multiplicity of bends (Baer, Fig. 12D, paras. [0174], [0177], [0182]-[0183], pattern structures 1051 form the structure of a multi-zone wire grid 1050. The pattern structures 1051 are electrically connect to form multiplexable integrated circuit with multiple connectors).
Regarding claim 5, Hakvoort as modified by Baer discloses the general condition of the measuring electrode having a flat shape with a length-to-width ratio (Hakvoort, Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 measures the temperature using the resistance measurement and is arranged over piezoelectric layer 8, and as modified by Baer, Fig. 12D, paras. [0174], [0177], [0182]-[0183], pattern structures 1051 form the structure of a multi-zone wire grid 1050), but Hakvoort as modified by Baer does not appear to explicitly describe the length-to-width ratio of at least 2:1. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the length-to-width ratio of the measuring electrode in the optical element as taught by Hakvoort as modified by Baer to have obtained the length-to-width ratio of at least 2:1 since discovering the optimum range of the length-to-width ratio of the measuring electrode in the structure of the optical element would have only required routine experimentation to determine the ratio that improves temperature measurement spatial resolution (Baer, para. [0177]) with a reduced sensor footprint in the optical element structure as desired. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 7, Hakvoort as modified by Baer discloses wherein the dielectric material is integrally formed (Hakvoort, Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8 is a common layer, and as modified by Baer, Fig. 12D, paras. [0174], [0177], [0182]-[0183], the insulating layer 1052 is deposited over the pattern structures 1051).
Regarding claim 10, Hakvoort as modified by Baer discloses an electrical circuit configured to measure an electrical resistance of the measuring electrode (Hakvoort, Figs. 1, 2, 4, paras. [0065], [0083], [0091], the interconnection layer 10 is used in an electrical circuit to measure the temperature using the resistance of the interconnection layer 10, and as modified by Baer, Fig. 12D, paras. [0174], [0177], [0182]-[0183], wire grid 1050 with pattern structures 1051 is used to measure temperature in insulating layer 1052).
Regarding claim 15, Hakvoort as modified by Baer discloses wherein the optical surface is configured to reflect EUV radiation (Hakvoort, Figs. 1, 2, 4, 6, paras. [0040], [0058], [0072]-[0073], [0093]-[0112], [0124], the mirror reflects EUV radiation).
Regarding claim 16, Hakvoort as modified by Baer discloses wherein the optical surface is configured to reflect DUV (Hakvoort, Figs. 1, 2, 4, 6, paras. [0040]-[0041], [0058], [0093]-[0112], [0124], the mirror reflects DUV radiation).
Regarding claim 18, Hakvoort as modified by Baer discloses an apparatus (Hakvoort, Figs. 1-6), comprising: an optical element according to claim 1 (see claim 1 rejection above, Hakvoort, Figs. 1-6, paras. [0058]-[0059], [0064]-[0065], [0068], [0077]-[0078], [0080], [0091], and as modified by Baer, Fig. 12D, paras. [0174], [0177], [0182]-[0183]) wherein the apparatus is a microlithographic projection exposure apparatus (Hakvoort, Figs. 1, 2, 4, 6, paras. [0040], [0058], [0072]-[0073], [0093]-[0112], [0124], the mirror is arranged in a lithography exposure apparatus).
Regarding claim 19, Hakvoort as modified by Baer discloses wherein the apparatus is an EUV microlithographic projection exposure apparatus (Hakvoort, Figs. 1, 2, 4, 6, paras. [0040], [0058], [0072]-[0073], [0093]-[0112], [0124], the mirror is arranged in an EUV lithography exposure apparatus).
Regarding claim 20, Hakvoort as modified by Baer discloses wherein the apparatus is an DUV microlithographic projection exposure apparatus (Hakvoort, Figs. 1, 2, 4, 6, paras. [0040]-[0041], [0058], [0093]-[0112], [0124], the mirror is arranged in a DUV lithography exposure apparatus and reflects DUV radiation).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hakvoort as modified by Baer as applied to claim 1 above, and further in view of Tanaka et al. (US PGPub 2008/0291559, Tanaka hereinafter).
Regarding claim 6, Hakvoort as modified by Baer discloses the measuring electrode arranged outside of a stack of electrodes (Hakvoort, Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 measures the temperature using the resistance measurement and is arranged outside of electrodes 9, and as modified by Baer, Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051), but Hakvoort as modified by Baer does not appear to explicitly describe wherein the work electrodes are arranged in a stack comprising at least three electrodes.
Tanaka discloses wherein the work electrodes are arranged in a stack comprising at least three electrodes (Figs. 1-5, paras. [0048]-[0049], the piezoelectric actuators include a stack of more than three electrodes 9a, 9b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the work electrodes are arranged in a stack comprising at least three electrodes as taught by Tanaka in the work electrodes with the measuring electrode outside the stack in the optical element as taught by Hakvoort as modified by Baer since including wherein the work electrodes are arranged in a stack comprising at least three electrodes is commonly used to provide larger displacement mirror with a lower driving power (Tanaka, para. [0050]).
Allowable Subject Matter
Claims 8, 17, and 22 are allowed.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding claim 8, the prior art of record, either alone or in combination, fails to teach or render obvious a measuring electrode configured to measure a temperature of the dielectric medium, wherein: the measuring electrode is in a direct assemblage with the dielectric medium; the measuring electrode has a temperature-dependent resistance; the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage; and the optical element further comprises an electrical circuit further to measure an impedance between the measuring electrode and a work electrode. These limitations in combination with the other limitations of claim 8 render the claim non-obvious over the prior art of record.
The dependent claims are likewise allowable by virtue of their dependency upon an allowable independent claim as stated above.
Fischer et al. (US PGPub 2011/0235012, Fischer hereinafter) discloses work electrodes configured to generate an electric field configured to deform the dielectric medium (Fig. 11, paras. [0065]-[0066], electrodes 42 are driven individually to deform the piezoelectric material 40 of the mirror 8i); and a measuring element configured to measure a temperature of the dielectric medium (Fig. 11, paras. [0065]-[0066], temperature sensors 43 are provided on the piezoelectric material 40). Fischer does not describe or render obvious an electrical circuit configured to measure an impedance between the measuring electrode a work electrode.
Hakvoort discloses a dielectric medium (Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8); work electrodes configured to generate an electric field configured to deform the dielectric medium (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layer 8 to deform the piezoelectric layer); and a measuring electrode configured to measure a temperature of the dielectric medium (Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 measures the temperature using the resistance measurement), wherein: the measuring electrode is in a direct assemblage with the dielectric medium (Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 is in contact with the piezoelectric layer 8), but Hakvoort does not describe or render obvious an electrical circuit configured to measure an impedance between the measuring electrode a work electrode.
Baer discloses a measuring electrode configured to measure a temperature of the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], wire grid 1050 with pattern structures 1051 is used to measure temperature in insulating layer 1052), wherein: the measuring electrode is in a direct assemblage with the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], pattern structures 1051 are formed in insulating layer 1052); the measuring electrode has a temperature-dependent resistance (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 have a temperature-dependent resistance); and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 are surrounded by the insulating layer 1052 on multiple sides). Baer does not disclose or suggest an electrical circuit configured to measure an impedance between the measuring electrode a work electrode.
Regarding claim 17, the prior art of record, either alone or in combination, fails to teach or render obvious a plurality of manipulators, wherein each manipulator comprises: a dielectric medium; work electrodes configured to generate an electric field configured to deform the dielectric medium; and a measuring electrode configured to measure a temperature of the dielectric medium, wherein, for each manipulator: the measuring electrode is in a direct assemblage with the dielectric medium; the measuring electrode has a temperature-dependent resistance; and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage, and wherein the measuring electrodes are connectable in series to a direct current source. These limitations in combination with the other limitations of claim 17 render the claim non-obvious over the prior art of record.
Fischer discloses a manipulator configured to change a shape of an optical surface of the optical element (Figs. 2, 11, paras. [0024], [0051], [0053], [0055], [0065]-[0066], the optical assembly 9 includes actuators to change the shape of the surface of the mirror 8), the manipulator comprising: a dielectric medium (Fig. 11, para. [0065], monolithic partial element 40 is composed of a piezoelectric material, such as quartz or lead zirconate titanate); work electrodes configured to generate an electric field configured to deform the dielectric medium (Fig. 11, paras. [0065]-[0066], electrodes 42 are driven individually to deform the piezoelectric material 40 of the mirror 8i); and a measuring element configured to measure a temperature of the dielectric medium (Fig. 11, paras. [0065]-[0066], temperature sensors 43 are provided on the piezoelectric material 40), wherein: the measuring element is in a direct assemblage with the dielectric medium (Fig. 11, paras. [0065]-[0066], the temperature sensors and piezoelectric material 40 are in the optical assembly 9i); and the measuring element is surrounded by the dielectric medium on at least two sides in the direct assemblage (Fig. 11, paras. [0065]-[0066], the temperature sensors 43 are surrounded by the projections 41 of the piezoelectric material 40). However, Fischer does not describe or render obvious the measuring element is a measuring electrode having a temperature-dependent resistance and wherein the measuring electrodes are connectable in series to a direct current source.
Hakvoort discloses a dielectric medium (Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8); work electrodes configured to generate an electric field configured to deform the dielectric medium (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layer 8 to deform the piezoelectric layer); and a measuring electrode configured to measure a temperature of the dielectric medium (Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 measures the temperature using the resistance measurement), wherein: the measuring electrode is in a direct assemblage with the dielectric medium (Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 is in contact with the piezoelectric layer 8), but Hakvoort fails to describe or render obvious a plurality of manipulators, wherein each manipulator comprises: a dielectric medium; work electrodes configured to generate an electric field configured to deform the dielectric medium; and a measuring electrode configured to measure a temperature of the dielectric medium, wherein, for each manipulator: the measuring electrode is in a direct assemblage with the dielectric medium; the measuring electrode has a temperature-dependent resistance; and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage, and wherein the measuring electrodes are connectable in series to a direct current source.
Baer discloses a measuring electrode configured to measure a temperature of the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], wire grid 1050 with pattern structures 1051 is used to measure temperature in insulating layer 1052), wherein: the measuring electrode is in a direct assemblage with the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], pattern structures 1051 are formed in insulating layer 1052); the measuring electrode has a temperature-dependent resistance (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 have a temperature-dependent resistance); and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 are surrounded by the insulating layer 1052 on multiple sides). Baer does not disclose or suggest a plurality of manipulators, wherein each manipulator comprises: a dielectric medium; work electrodes configured to generate an electric field configured to deform the dielectric medium; and a measuring electrode configured to measure a temperature of the dielectric medium, wherein, for each manipulator: the measuring electrode is in a direct assemblage with the dielectric medium; the measuring electrode has a temperature-dependent resistance; and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage, and wherein the measuring electrodes are connectable in series to a direct current source.
Claims 11-14 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 11, the prior art of record, either alone or in combination, fails to teach or render obvious wherein the electrical circuit is configured to measure an impedance between the measuring electrode and a work electrode. This limitation in combination with all of the other limitations of the parent claims would render the claim non-obvious over the prior art of record if written.
The dependent claims would likewise be allowable over the prior art by virtue of their dependency.
Fischer discloses work electrodes configured to generate an electric field configured to deform the dielectric medium (Fig. 11, paras. [0065]-[0066], electrodes 42 are driven individually to deform the piezoelectric material 40 of the mirror 8i); and a measuring element configured to measure a temperature of the dielectric medium (Fig. 11, paras. [0065]-[0066], temperature sensors 43 are provided on the piezoelectric material 40). Fischer does not describe or render obvious an electrical circuit configured to measure an impedance between the measuring electrode a work electrode.
Hakvoort discloses a dielectric medium (Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8); work electrodes configured to generate an electric field configured to deform the dielectric medium (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layer 8 to deform the piezoelectric layer); and a measuring electrode configured to measure a temperature of the dielectric medium (Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 measures the temperature using the resistance measurement), wherein: the measuring electrode is in a direct assemblage with the dielectric medium (Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 is in contact with the piezoelectric layer 8), but Hakvoort does not describe or render obvious wherein the electrical circuit is configured to measure an impedance between the measuring electrode and a work electrode.
Baer discloses a measuring electrode configured to measure a temperature of the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], wire grid 1050 with pattern structures 1051 is used to measure temperature in insulating layer 1052), wherein: the measuring electrode is in a direct assemblage with the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], pattern structures 1051 are formed in insulating layer 1052); the measuring electrode has a temperature-dependent resistance (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 have a temperature-dependent resistance); and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 are surrounded by the insulating layer 1052 on multiple sides). Baer does not disclose or suggest wherein the electrical circuit is configured to measure an impedance between the measuring electrode and a work electrode.
Regarding claims 14 and 21, the prior art of record, either alone or in combination, fails to teach or render obvious a plurality of manipulators, wherein each manipulator comprises: a dielectric medium; work electrodes; and a measuring electrode configured to measure a temperature of the dielectric medium, wherein, for each manipulator: the work electrodes are configured to generate an electric field applicable to the dielectric medium; the dielectric medium is configured to deform when the electric field generated by the work electrodes is applied to the dielectric medium; the measuring electrode has a temperature-dependent resistance; and the measuring electrode completely embedded within the dielectric medium, and wherein the measuring electrodes are connectable in series to a direct current source. These limitations in combination with all of the other limitations of the parent claims would render the claims non-obvious over the prior art of record if rewritten.
Fischer discloses a manipulator configured to change a shape of an optical surface of the optical element (Figs. 2, 11, paras. [0024], [0051], [0053], [0055], [0065]-[0066], the optical assembly 9 includes actuators to change the shape of the surface of the mirror 8), the manipulator comprising: a dielectric medium (Fig. 11, para. [0065], monolithic partial element 40 is composed of a piezoelectric material, such as quartz or lead zirconate titanate); work electrodes configured to generate an electric field configured to deform the dielectric medium (Fig. 11, paras. [0065]-[0066], electrodes 42 are driven individually to deform the piezoelectric material 40 of the mirror 8i); and a measuring element configured to measure a temperature of the dielectric medium (Fig. 11, paras. [0065]-[0066], temperature sensors 43 are provided on the piezoelectric material 40), wherein: the measuring element is in a direct assemblage with the dielectric medium (Fig. 11, paras. [0065]-[0066], the temperature sensors and piezoelectric material 40 are in the optical assembly 9i); and the measuring element is surrounded by the dielectric medium on at least two sides in the direct assemblage (Fig. 11, paras. [0065]-[0066], the temperature sensors 43 are surrounded by the projections 41 of the piezoelectric material 40). However, Fischer does not describe or render obvious the measuring element is a measuring electrode having a temperature-dependent resistance and wherein the measuring electrodes are connectable in series to a direct current source.
Hakvoort discloses a dielectric medium (Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8); work electrodes configured to generate an electric field configured to deform the dielectric medium (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layer 8 to deform the piezoelectric layer); and a measuring electrode configured to measure a temperature of the dielectric medium (Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 measures the temperature using the resistance measurement), wherein: the measuring electrode is in a direct assemblage with the dielectric medium (Figs. 1, 2, 4, paras. [0065], [0091], interconnection layer 10 is in contact with the piezoelectric layer 8), but Hakvoort fails to describe or render obvious a plurality of manipulators, wherein each manipulator comprises: a dielectric medium; work electrodes configured to generate an electric field configured to deform the dielectric medium; and a measuring electrode configured to measure a temperature of the dielectric medium, wherein, for each manipulator: the measuring electrode is in a direct assemblage with the dielectric medium; the measuring electrode has a temperature-dependent resistance; and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage, and wherein the measuring electrodes are connectable in series to a direct current source.
Baer discloses a measuring electrode configured to measure a temperature of the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], wire grid 1050 with pattern structures 1051 is used to measure temperature in insulating layer 1052), wherein: the measuring electrode is in a direct assemblage with the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], pattern structures 1051 are formed in insulating layer 1052); the measuring electrode has a temperature-dependent resistance (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 have a temperature-dependent resistance); and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 are surrounded by the insulating layer 1052 on multiple sides). Baer does not disclose or suggest a plurality of manipulators, wherein each manipulator comprises: a dielectric medium; work electrodes configured to generate an electric field configured to deform the dielectric medium; and a measuring electrode configured to measure a temperature of the dielectric medium, wherein, for each manipulator: the measuring electrode is in a direct assemblage with the dielectric medium; the measuring electrode has a temperature-dependent resistance; and the measuring electrode is surrounded by the dielectric medium on at least two sides in the direct assemblage, and wherein the measuring electrodes are connectable in series to a direct current source.
Response to Arguments
Applicant’s arguments, see pages 7-8, filed 2/19/2026, with respect to the 35 U.S.C. 103 rejection of claim 1 as being unpatentable over Fischer in view of Baer have been fully considered and are persuasive owing to the amendments to the claim 1. The rejection of claim 1 under 35 U.S.C. 103 as being unpatentable over Fischer in view of Baer has been withdrawn.
Applicant's arguments filed 2/19/2026 have been fully considered but they are not persuasive.
Applicant argues on page 8 that it would not have been obvious to have combined Hakvoort and Baer to suggest the language of claim 1. The Applicant argues that one of ordinary skill in the art would not have found it obvious to modify the teachings of Hakvoort with those of Baer to have obtained claimed subject matter including the measuring electrode to be completely embedded within the dielectric medium. The Applicant alleges Hakvoort does not disclose a measuring electrode completely embedded within a dielectric medium and it would not have not have been obvious to have modified Hakvoort to have embedded element 10 within material 8 as such arrangement “would prevent electrical current flow between element 10 and the electrodes 9a and 9b via the bonding pads 16a and 16b, which would prevent the Hakvoort’s device from functioning in its intended manner” and alleges Baer does not cure Hakvoort’s alleged deficiencies. The Examiner respectfully disagrees. Hakvoort discloses a mirror arrangement with multiple mirror elements (Figs. 1, 2, paras. [0058]-[0059]) comprising a dielectric medium (Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8); work electrodes (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layer 8 to deform the piezoelectric layer); and a measuring electrode configured to measure a temperature of the dielectric medium (Figs. 1, 2, 4, paras. [0035], [0058]-[0059], [0065], [0091], [0126], interconnection layer 10 measures the temperature using the resistance measurement), wherein: the work electrodes are configured to generate an electric field applicable to the dielectric medium (Figs. 1, 2, 4, 6, paras. [0058]-[0059], [0064], [0068], [0077]-[0078], [0080], each mirror element 2a, 2b of a mirror 1 includes structure electrodes 9a, 9b to apply electric fields to the piezoelectric layer 8); the dielectric medium is configured to deform when the electric field generated by the work electrodes is applied to the dielectric medium (Figs. 1, 2, 4, 6, paras. [0064], piezoelectric layer 8 deforms upon application of the electric fields generated by electrodes 9a, 9b); the measuring electrode has a temperature-dependent resistance (Figs. 1, 2, 4, paras. [0058]-[0059], [0065], [0091], interconnection layer 10 has a temperature-dependent resistance). Although Hakvoort discloses the measuring electrode is completely embedded within a layer stack and adjacent the dielectric medium (Figs. 1, 2, 4, paras. [0035], [0058]-[0059], [0065], [0091], [0126], interconnection layer 10 is in contact with the piezoelectric layer 8), Hakvoort does not appear to explicitly describe the measuring electrode is completely embedded within the dielectric medium. The Applicant asserted that it would not have not have been obvious to have modified Hakvoort to have embedded element 10 within material 8 as such arrangement “would prevent electrical current flow between element 10 and the electrodes 9a and 9b via the bonding pads 16a and 16b, which would prevent the Hakvoort’s device from functioning in its intended manner,” but Applicant’s arguments do not explain why or provide evidence that it would not have been obvious to modify the measuring electrode as taught by Hakvoort to be embedded within the dielectric medium. As Baer discloses a measuring electrode configured to measure a temperature of the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], wire grid 1050 with pattern structures 1051 is used to measure temperature in insulating layer 1052), wherein: the measuring electrode has a temperature-dependent resistance (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 have a temperature-dependent resistance); and the measuring electrode is completely embedded within the dielectric medium (Fig. 12D, paras. [0174], [0177], [0182]-[0183], the pattern structures 1051 of wire grid 1050 are embedded in insulating layer 1052), it would have been well within the ability of a person of ordinary skill in the art of photolithography to modify Hakvoort’s device to have included the measuring electrode is completely embedded within the dielectric medium and still obtain a functioning device, and it would have been obvious to one of ordinary skill in the art to have included the measuring electrode is completely embedded within the dielectric medium as taught by Baer in the arrangement of the measuring electrode in the optical element as taught by Hakvoort since a measuring electrode is completely embedded within the dielectric medium is commonly used to directly detect the measurement distribution within a dielectric layer (Baer, para. [0177]) to enable temperature control of the optical element. In response to applicant's argument that Hakvoort’s device does not disclose the measuring electrode completely embedded in the dielectric and it would not have been obvious to modify Hakvoort, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Applicant’s arguments have been fully considered, but they are not persuasive.
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.
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/CHRISTINA A RIDDLE/Primary Examiner, Art Unit 2882
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