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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 14-16 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.
Claims 14-16 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim.
With regards to claims 14 and 15 the rejections under 112(a) and 112(b) arise from the claims being constructed in a way that cannot be reasonably interpreted in an understandable manner, and how they each may be interpreted in a way that violates either or both of 112(a) and 112(b). Both claims are directed to an element ‘for use’ of the system/device of another claim. It is unclear to what extent either one means to incorporate the features of the reference claims or if they mean to do so as well. This doesn’t allow reasonable determination if the claims are even meant to be independent or dependent claims. Are they meant to modify the referenced claim or be modified by it? They could easily be read as a means for accomplishing a function, an example/output of a function, intended use, product by process, etc. Claims 14-15 are so greatly ambiguous in every regard neither can meet the requirements laid out in 112(a) and 112(b), appropriate correction is required.
With regards to claim 16, the claim starts with the language “A method of qualifying a coordinate reference pattern on a plate for use in an atomic force microscopy (AFM) tool by a device, the method comprising…”. A method for qualifying a property on an element for use in an instrument by a device raises questions of which statutory class it is even directed to. The claim may be an apparatus if the methods may be functional configurations of any one of the recited devices, or may be interpreted as the steps for a product by process claim. If a method claim, is it a method of use for one or more of the device(s) or a method involving use of the device(s)? It is also questionable if the claim means to invoke 112(f) as a means for a purpose, what extent does it speak to intended use, and which elements are intended as modifying another or merely examples? The claim’s structure invokes so much ambiguity that resolving its scope and its support is not a reasonable endeavor and cannot meet the requirements laid out in 112(a) and 112(b), appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-10,12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herfst EP 3599470 A1.
Regarding Claim(s) 1, Herfst teaches: A system for performing atomic force microscopy, the system comprising:
an atomic force microscopy tool configured for receiving a plate including a coordinate reference pattern on the plate, for providing a position reference for system elements of the atomic force microscopy tool; and (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
a device for qualifying the coordinate reference pattern on the plate, the device being arranged for receiving the plate such as to perform qualification inspection, and comprising: (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
- a fixed reference frame; - a pattern encoder, arranged for reading the coordinate reference pattern on the plate; - an actuation stage, arranged for moving the plate and the pattern encoder relative to each other in a direction parallel to the plane of the plate; - a displacement measurement system, arranged for measuring a displacement of the plate or the pattern encoder relative to the fixed reference frame; and - a controller, arranged for controlling the actuation stage, the pattern encoder, and the displacement measurement system; (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
wherein, while controlling the actuation stage, the controller is arranged for controlling the pattern encoder to identify imperfections in the coordinate reference pattern; wherein, for each imperfection, the controller is arranged for identifying the location of said each imperfection by controlling the displacement measurement system to measure the displacement of the plate or the pattern encoder relative to the fixed reference frame; and wherein the controller is arranged for storing each imperfection coupled to the location of said each imperfection. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 2, Herfst teaches: wherein the controller is arranged for identifying imperfections in at least a subset of the coordinate reference pattern, to create a pattern correction map. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 3, Herfst teaches: wherein, prior to controlling the pattern encoder to identify imperfections, the controller is arranged for controlling the pattern encoder to identify at least one reference position in the coordinate reference pattern, and, for each reference position, identifying the location of said reference position by controlling the displacement measurement system to measure the displacement of the plate relative to the fixed reference frame, and storing each reference position coupled to the location of said each reference position. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 4, Herfst teaches: wherein, for each imperfection, the controller is arranged for calculating the relative location of said each imperfection relative to at least one reference position, and storing each imperfection coupled to the relative location of said each imperfection. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 5, Herfst teaches: herein, for each imperfection, the controller is arranged for controlling the pattern encoder to identify a type of imperfection and/or to quantify an effect of said each imperfection, and for storing each imperfection coupled to the location of said each imperfection and the type and/or quantified effect of said each imperfection. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 6, Herfst teaches: wherein the controller is arranged for controlling the displacement measurement system to measure the displacement of the plate along an X-axis defined by the fixed reference frame, and along a Y-axis perpendicular to the X-axis. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 7, Herfst teaches: wherein the controller is arranged for controlling the displacement measurement system to measure a rotation of the plate around a Z-axis, perpendicular to the X-axis and the Y-axis. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 8, Herfst teaches: wherein the actuation stage is arranged for adjusting a position of the plate along the Z-axis, and for adjusting an orientation of the plate around the X-axis and around the Y-axis, and wherein the displacement measurement system is additionally arranged for measuring a displacement of the plate along the Z-axis. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 9, Herfst teaches: wherein, while controlling the actuation stage to move the plate and the pattern encoder relative to each other in a direction parallel to the plane of the plate, the controller is arranged for controlling the actuation stage to maintain the position and orientation of the plate along the Z-axis, and around the X-axis and Y-axis, respectively. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 10, Herfst teaches: wherein the displacement measurement system comprises a laser-interferometer system. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 12, Herfst teaches: wherein the actuation stage and the fixed reference frame are mechanically and thermally isolated from each other. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 13, Herfst teaches: comprising an enclosure to provide a conditioned environment for at least the fixed reference frame and the actuation stage. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 14, Herfst teaches: A device for use in a system according to claim 1, for qualifying a coordinate reference pattern on a plate for use in an atomic force microscopy (AFM) tool. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 15, Herfst teaches: A data file for use in an atomic force microscopy (AFM) tool generated by the device according to claim 14, the data file comprising an array of identified imperfections in at least a subset of a coordinate reference pattern on a plate, wherein each identified imperfection is coupled to a location of said identified imperfection relative to at least one reference position on the coordinate reference pattern. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Regarding Claim(s) 16, Herfst teaches: A method of qualifying a coordinate reference pattern on a plate for use in an atomic force microscopy (AFM) tool by a device, the method comprising:- moving, by an actuation stage, the plate and a pattern encoder relative to each other in a direction parallel to the plane of the plate; - identifying imperfections in the coordinate reference pattern by the pattern encoder, arranged for reading the coordinate reference pattern on the plate; - identifying, for each imperfection, a location of said each imperfection by a displacement measurement system, arranged for measuring a displacement of the plate relative to a fixed reference frame; and - storing each imperfection coupled to the location of said each imperfection, to create a pattern correction map. (Herfst [0006]-[0008],[0010]-[0016],[0019]-[0024])
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herfst EP 3599470 A1 in view of Official Notice.
Regarding Claim(s) 11, Herfst teaches: wherein the actuation stage comprises a precision enhancing means for moving the plate. (Herfst [0003]-[0004],[0006]-[0008],[0010]-[0016],[0019]-[0024])
Herfst does not adequately teach: wherein the precision enhancing means comprises planar air bearings
The examiner takes OFFICIAL NOTICE that planar air bearings are ordinary and well known in the art. Herfst discloses that SPM devices are ultra-high precision instruments for use in sub-nanometer resolution situations such that the elements they are constructed of enable such extreme precision. “Scanning probe microscopy (SPM) devices, such as atomic force microscopy (AFM) devices, are for example applied in the semiconductor industry for scanning of semiconductor topologies on a surface. Other uses of this technology are found in biomedical industry, nanotechnology, and scientific applications. In particular, AFM may be used for critical dimension metrology (CD-metrology), particle scanning, stress- and roughness measurements. AFM microscopy allows visualization of surfaces at very high accuracy, enabling visualization of surface elements at sub-nanometer resolution. As a result of the high accuracy, conventional and available SPM devices are to be controlled precisely, and contain accurate and sensitive measuring equipment, as well as positioning and scanning equipment arranged for supporting the very high (e.g. nanometer) resolution.” The applicant discloses in their specification [0056] that planar air bearings are preferred for moving the plate but can use alternatives for low friction and high accuracy movements like ball bearings or magnetic bearings. Both references teach highly precise movement is known in the industry as well as the elements that enable it, the difference in teaching is only in the explicitly naming of a well known prior art element that achieves the known function and configuration. Planar air bearings are well known to those of ordinary skill in the art and ordinary to use in the actuation means (including stages) of SPMs for the same purposes mentioned by the applicant and in Herfst, and it has been held that the simple substitution of one known element for another to obtain predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S.__, __, 82 USPQ2d 1385, 1395-97 (2007) The applicant does not disclose this element as critical but preferential for reasons well known to those of ordinary skill in the art already and also disclosing well known alternatives as suitable, so lacking criticality the choice of a prior art element is obvious for the skill in the art.
Conclusion
1. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN M LUCK whose telephone number is (571)272-6493. The examiner can normally be reached 8-5 M-F.
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SEAN LUCK
Examiner
Art Unit 2878
/SEAN LUCK/Examiner, Art Unit 2878