Non-Final Rejection
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The application was filed with claims 1-25. On 3/26/2026 the examiner issued a restriction requirement. In the response filed 5/22/2026 applicant elected group I, claims 1-10, without traverse. Claims 11-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Note the examiner of record has changed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 5, and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 refers to “the one or more saturated magnetic cores” in lines 4-5. There is insufficient antecedent basis for this term. Applicant should delete the word “saturated.”
Claim 5 requires “wherein the one or more properties of the electrical current comprises an amplitude of the electrical current.” However, two different electrical currents are introduced in parent claim 4, one to the first and one to the second magnetic switching network. It is not clear if the claim 5 current is meant to be one, the other, or both. Clarification is required.
Claim 6 refers to “the first optical chamber” and “the second optical chamber” several times each. There is insufficient antecedent basis for this term. Presumably applicant means “the first chamber” and “the second chamber” as in claim 1.
Claim 6 states at the end of the claim that “the operating characteristics of the second magnetic switching network comprise a temperature of one or more of the magnetic cores of the first magnetic switching network.” This does not seem to be accurate, it should be based on the temperature of the cores of the second magnetic switching network.
Claim Rejections - 35 USC § 102
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.
Claims 1-5 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2005/0031004 (“Basting”).
Regarding claim 1, Basting discloses A system comprising:
a first optical subsystem configured to produce a pulsed seed light beam, the first optical subsystem comprising:
a first chamber configured to hold a first gaseous gain medium; and
a first excitation mechanism in the first chamber;
a second optical subsystem configured to produce a pulsed output light beam based on the pulsed seed light beam, the second optical subsystem comprising:
a second chamber configured to hold a second gaseous gain medium; and
a second excitation mechanism in the second chamber;
Figs. 2 and 4 show a first and second optical subsystem, master oscillator power amplifier system, [0025]-[0028], where the master oscillator is a first optical subsystem configured to produce a pulsed seed light beam and the power amplifier is a second optical subsystem configured to produce a pulsed output light beam based on the pulsed seed light beam. [0037]. Each optical subsystem is a laser tube 206,210 holding a gaseous gain medium and a discharge unit 426,432 that is an excitation medium in the tube. See [0026]-[0027], [0038].
a first magnetic switching network configured to activate the first excitation mechanism, wherein activating the first excitation mechanism causes the first optical subsystem to produce a pulse of the pulsed seed light beam;
a second magnetic switching network configured to activate the second excitation mechanism, wherein activating the second excitation mechanism causes the second optical subsystem to produce a pulse of the pulsed output light beam; and
Basting discloses in Fig. 4 first and second magnetic switching networks including 428,430 activating the excitation mechanisms 426,432. See
a controller configured to:
adjust an impedance of one or more magnetic cores in the first magnetic switching network based on a first indication, wherein the first indication comprises an indication of one or more operating characteristics of one or more of the first optical subsystem and the first magnetic switching network; and
adjust an impedance of one or more magnetic cores in the second magnetic switching network based on a second indication, wherein the second indication comprises an indication of one or more operating characteristics of one or more of the second optical subsystem and the second magnetic switching network.
Processor 434 is configured to apply a reset current to inductors of the magnetic switch L3 and L3' of magnetic switching networks 428,430. [0038], [0043]. This controls the magnetization curve of the core material and will adjust the impedance. [0043], Fig. 5, compare to Fig. 1C of the present invention. [0038] further discloses detecting the discharge and that the reset current is used as a function of the detection, i.e. and indication of operating characteristics of the optical subsystem and magnetic switching network. See also Fig. 9 [0064] which discloses photodiodes 908 and 910 located in the oscillator and amplifier chambers, respectively, reset currents to the magnetic switches are set accordingly.
Regarding claim 2, as just mentioned Basting discloses providing a reset current to the magnetic cores. Application of such a current only makes sense if it is applied before activating the first and second excitation mechanism; that is, there would be excitation after the reset.
Regarding claim 3, see Basting Fig. 4, [0038]. There are four saturable reactors and cores L2, L3, L2’, L3’ and the controller provides reset current controlling the impedance as claimed.
Regarding claims 4-5, as discussed above re: claim 1 the controller adjusts the impedance of the cores of the switching networks by applying a current to the coils of the cores. It is apparent that the current amount will depend on the indication. [0042] (“The reset current applied can be determined using a computer or processing component in combination with a mechanism for monitoring the timing of the discharges.”).
Regarding claims 7-9, Basting discloses an excimer laser system in a MOPA configuration using the claimed gases and at DUV wavelengths. See figs. 2, 4, [0024], [0028], [0007], [0058].
Regarding claim 10, Basting discloses (fig. 9 [0064]) photodiodes 908 and 910, i.e. first and second monitoring module, located in the oscillator and amplifier chambers, respectively, reset currents to the magnetic switches are set accordingly.
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Basting in view of US 2002/0154668 (“Knowles”).
Regarding claim 6, Basting discloses each optical chamber is an excimer laser system with a pressurized gaseous gain medium excited by discharge electrodes, and the point is to control the pulses applied to each chamber’s electrodes. Basting may not show that the specified operating characteristics are those claimed. Knowles is a similar system where excimer lasers in a MOPA configuration are controlled so that the timing and output of the system can be precisely controlled. Knowles teaches that things like charging voltage, which will affect the discharge voltage, and laser gas pressure of the MO and PA need to be controlled to yield the desired pulse timing and beam characteristics. [0074], [0078]. Knowles also teaches that the temperature of the cores of the inductors can be used as feedback to adjust the timing of the discharge. [0080]. Thus any of these things could be the “operating characteristics” that are discussed in claim 1. It would have been obvious to a person of ordinary skill in the art to do this as all of these things affect the timing and output of the system, so it would be useful to account for them as indicated by Knowles.
Double Patenting
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 1-2, 4-5, and 7-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims in the chart below of copending Application No. 18/568,442 (reference application) (See US 2024/0283210). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 3 and 9-10 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims in the chart below of copending Application No. 18/568,442 (reference application) (See US 2024/0283210) in view of Basting. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 6 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims in the chart below of copending Application No. 18/568,442 (reference application) (See US 2024/0283210) in view of Knowles. Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
This application
‘442 application
1. A system comprising:
a first optical subsystem configured to produce a pulsed seed light beam, the first optical subsystem comprising: a first chamber configured to hold a first gaseous gain medium; and a first excitation mechanism in the first chamber;
a second optical subsystem configured to produce a pulsed output light beam based on the pulsed seed light beam, the second optical subsystem comprising: a second chamber configured to hold a second gaseous gain medium; and a second excitation mechanism in the second chamber;
a first magnetic switching network configured to activate the first excitation mechanism, wherein activating the first excitation mechanism causes the first optical subsystem to produce a pulse of the pulsed seed light beam;
a second magnetic switching network configured to activate the second excitation mechanism, wherein activating the second excitation mechanism causes the second optical subsystem to produce a pulse of the pulsed output light beam; and
1. A system comprising:
a first laser subsystem configured to produce a pulsed seed laser beam, the first laser subsystem comprising: a first chamber configured to hold a first gain medium; and a first excitation mechanism in the first chamber;
a second laser subsystem configured to produce a pulsed output laser beam based on the pulsed seed laser beam, the second optical subsystem comprising: a second chamber configured to hold a second gain medium; and a second excitation mechanism in the second chamber;
a first magnetic switching network configured to activate the first excitation mechanism, wherein the first magnetic switching network comprises a first magnetic core, and activating the first excitation mechanism causes the first optical subsystem to produce a pulse of the pulsed seed laser beam; and
a second magnetic switching network configured to activate the second excitation mechanism, wherein the second magnetic switching network comprises a second magnetic core, and activating the second excitation mechanism causes the second optical subsystem to produce a pulse of the pulsed output laser beam; . . .
a controller configured to: adjust an impedance of one or more magnetic cores in the first magnetic switching network based on a first indication, wherein the first indication comprises an indication of one or more operating characteristics of one or more of the first optical subsystem and the first magnetic switching network; and
adjust an impedance of one or more magnetic cores in the second magnetic switching network based on a second indication, wherein the second indication comprises an indication of one or more operating characteristics of one or more of the second optical subsystem and the second magnetic switching network.
a controller configured to adjust an impedance of the first magnetic core by causing the first bias circuit to produce a first electrical reset current pulse, wherein one or more characteristics of the first electrical reset current pulse are based on an operating condition of the first laser subsystem; and
adjust an impedance of the second magnetic core by causing the second bias circuit to produce a second electrical reset current pulse, wherein one or more characteristics of the second electrical reset current pulse are based on an operating condition of the second laser subsystem.
2. The system of claim 1, wherein the controller is configured to adjust the impedance of the one or more magnetic cores in the first magnetic switching network before activating the first excitation mechanism; and the controller is configured to adjust the impedance of the one or more saturated magnetic cores of the second magnetic switching network before activating the second excitation mechanism.
5. The system of claim 1, wherein the controller is configured to adjust the impedance of the first magnetic core before each pulse of the pulsed seed laser beam is produced, and to adjust the impedance of the second magnetic core before each pulse of the pulsed output laser beam is produced.
3. The system of claim 1, wherein the first magnetic switching network comprises: a first commutator module comprising: a first saturable reactor and a first magnetic core, and a first compression module comprising: a second saturable reactor and a second magnetic core; the second magnetic switching network comprises: a second commutator module comprising: a third saturable reactor and a third magnetic core, and a second compression module comprising: a fourth saturable reactor and a fourth magnetic core; and the controller is configured to: adjust the impedance of the first magnetic core and the second magnetic core based on the first indication of one or more operating characteristics, and adjust the impedance of the third magnetic core and the fourth magnetic core based on the second indication of one or more operating characteristics.
Not claimed, but these are seen in Basting as in the art rejection above. It would have been obvious to a person of ordinary skill in the art to include various saturable reactors and cores as the skilled artisan will use whatever appropriate components are needed in the final compression stage to achieve the desired pulse characteristics, and Basting shows these as exemplary components.
4. The system of claim 1, wherein the controller is configured to adjust the impedance of the one or more magnetic cores of the first magnetic switching network by providing electrical current to one or more coils, wherein each of the one or more coils is magnetically coupled to one of the one or more magnetic cores of the first magnetic switching network, and one or more properties of the electrical current is based on the first indication; and
1… a first bias circuit configured to electrically or magnetically couple to the first magnetic core; a controller configured to adjust an impedance of the first magnetic core by causing the first bias circuit to produce a first electrical reset current pulse, wherein one or more characteristics of the first electrical reset current pulse are based on an operating condition of the first laser subsystem;
the controller is configured to adjust the impedance of the one or more magnetic cores of the second magnetic switching network by providing electrical current to one or more coils, wherein each of the one or more coils is magnetically coupled to one of the one or more magnetic cores of the second magnetic switching network, and one or more properties of the electrical current is based on the second indication.
1… a second bias circuit configured to electrically or magnetically couple to the second magnetic core; a controller configured to . . . adjust an impedance of the second magnetic core by causing the second bias circuit to produce a second electrical reset current pulse, wherein one or more characteristics of the second electrical reset current pulse are based on an operating condition of the second laser subsystem.
5. The system of claim 4, wherein the one or more properties of the electrical current comprises an amplitude of the electrical current.
2. The system of claim 1, wherein the one or more characteristics of the first electrical reset current pulse comprises an amplitude of the first electrical reset current pulse, . . . and the one or more characteristics of the second electrical reset current pulse comprises an amplitude of the second electrical reset current pulse,
6. The system of claim 1, wherein the first optical chamber comprises a pressurized gain medium and the first excitation mechanism comprises two electrodes; the operating characteristics of the first optical chamber comprises one or more of: a magnitude of a voltage pulse applied to at least one of the electrodes in the first optical chamber; a repetition rate of a pulsed light beam produced by the first optical chamber; and a pressure of the gain medium in the first optical chamber; and the operating characteristics of the first magnetic switching network comprise a temperature of one or more of the magnetic cores in the first magnetic switching network; and the second optical chamber comprises a pressurized gain medium and the second excitation mechanism comprises two electrodes; the operating characteristics of the second optical chamber comprises one or more of: a magnitude of a voltage pulse applied to at least one of the electrodes in the second optical chamber; a repetition rate of a pulsed light beam produced by the second optical chamber; and a pressure of the gain medium in the second optical chamber; and the operating characteristics of the second magnetic switching network comprise a temperature of one or more of the magnetic cores of the first magnetic switching network.
Not claimed. A pressurized gain medium and excitation via electrodes are the common manner of implementing excimer lasers such as the chambers used here. See generally Knowles. It would have been obvious to a person of ordinary skill in the art to use them as they are just how this type of laser operates. As to the operating characteristics, these features are taught and obvious over Knowles for the reasons given in the art rejection above.
7. The system of claim 1, wherein the first optical subsystem comprises a master oscillator, and the second optical subsystem comprises a power amplifier.
6. The system of claim 1, wherein the first laser subsystem comprises a master oscillator, and the second optical subsystem comprises a power amplifier.
8. The system of claim 1, wherein the pulsed seed light beam and the pulsed output light beam both comprise one or more wavelengths in the deep ultraviolet (DUV) range.
8. The system of claim 1, wherein the pulsed seed laser beam and the pulsed output laser beam both comprise one or more wavelengths in the deep ultraviolet (DUV) range.
9. The system of claim 8, wherein the first gaseous gain medium comprises argon fluoride (ArF), krypton fluoride (KrF), or xenon chloride (XeCl); and the second gaseous gain medium comprises argon fluoride (ArF), krypton fluoride (KrF), or xenon chloride (XeCl).
Not claimed. But excimer lasers using such materials producing DUV light are well known in the art. See Basting, citations in art rejection above. It would have been obvious to a person of ordinary skill in the art to use such materials as they are common in the art and known to produce good laser output at desirable wavelengths.
10. The system of claim 1, further comprising: a first monitoring module configured to measure the one or more operating characteristics of the first optical source and to provide the indication of the one or more operating characteristics of the first optical system to the controller; and a second monitoring module configured to measure the one or more operating characteristics of the second optical source and to provide the indication of the one or more operating characteristics of the second optical system to the controller.
Not claimed. But the claims require that the reset current is “based on” operating conditions of the laser subsystems, therefore there must be some way of determining such conditions. Basting shows monitoring modules determining operating conditions, see citations in art rejection above. It would have been obvious to a person of ordinary skill in the art to use such monitoring modules as, again, there needs to be some manner of determining operating conditions, and photodetectors detecting the output is a typical way of doing so.
Conclusion
Other excimer lasers in MOPA configuration with precise timing control are cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Menefee whose telephone number is (571)272-1944. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached at (571) 272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A MENEFEE/ Primary Examiner, Art Unit 2828
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