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 .
2. 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.
3. Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Irtenkauf et al (DE 102019217530).
Irtenkauf et al discloses a main body (200) of an optical element for semiconductor lithography comprising producing a blank (202, 203) with an optical side (see paragraphs 0077-0078 along with figures 3 and 7-11), introducing at least one fluid channel (207, 210) into the blank (see paragraphs 0078-0080 along with figures 3 and 7-11), and thereafter producing the main body by shaping the blank into a concave/convex configuration (see figures 3, 10 and 11) which was inherently formed by the use of a curved shaped mold surface during the pressing and heating of layers 202 and 203 (see paragraphs 0062-0063, 0071 and 0081-0085), wherein said shaping of the blank comprises heating the blank (see paragraph 0081), wherein said introducing comprises introducing the at least one fluid channel at a constant distance from the optical side of the blank (see paragraphs 0080-0082 along with figures 3 and 7-11), wherein said introducing comprises introducing the fluid channel such that the fluid channel defines a constant distance
(9 mm) between the fluid channel and an optical surface of the main body after the main body has been shaped onto the mold (see paragraphs 0077-0083 along with figures 3 and 7-11), wherein a cross section of the at least one fluid channel changes in response to the shaping from half of a sphere to a full sphere (see figures 8 and 9), wherein the at least one fluid channel has a circular cross section after said shaping (see paragraphs 0025, 0043, 0066 and 0080 along with figures 3, and 9-11), wherein said shaping of the blank comprises cooling a material surrounding the at least one fluid channel (see paragraphs 0071-0076), wherein said cooling would inherently impart setting a temperature of the material surrounding the at least one fluid channel to permit the material to bend during pressing and heating of the two layers during assembly (see paragraphs 0080-0082), wherein finishing the main body imparts forming an optically active area on the optical side of the main body (see paragraph 0082 along with figures 3, 10 and 11), wherein the optically active area of the optical element is formed to be spherical or aspherical during said finishing (see paragraphs 0055-0056, 0063, 0082 along with figures 1A3, 10 and 11),
wherein the at least one fluid channel runs at a constant distance from the aspherical optically active area after said finishing (see paragraphs 0063 and 0082-0083), wherein the optical side of the blank comprises depressions (see Fig. 8), wherein parameters for said shaping of the blank are inherently set so that the depressions rest against the mold during said shaping (see paragraphs 0025, 0031-0033, 0067, 0070-0080 and 0083-0085 along with figures 7-11), wherein a distance between the at least one fluid channel and the optical side of the main body varies by less than 1 mm and/or less than 0.02 mm due to the fact of being set at 9 (see paragraphs 0077-0083 along with figures 3 and 7-11). Note figures 1A, 3 and 7-11 along with the associated description.
As to the method limitations of the above mentioned claims, such limitations are considered to be inherently met by the reference to Irtenkauf et al.
4. 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.
5. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Irtenkauf et al (DE 102019217530) in view of Smither (US 5, 004,319).
Irtenkauf et al discloses all of the subject claimed, note the above explanation except for having two fluid channels arranged at two different distances from the optical side of the main body.
Smither teaches it well known to use employ at least two fluid channels (67, 68, 71, 78, 87 and 88) arranged at two different distances from the optical side of the main body in the same field of endeavor for the purpose of reducing heat (see figures 5a, 5b and 5c).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fluid channel of Irtenkauf et al to include at least two fluid channels arranged at two different distances from the optical side of the main body, as taught by Smither, in order to reduce heat.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY D SHAFER whose telephone number is (571)272-2320. The examiner can normally be reached Mon-Fri. 11:00-7:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone B. Allen can be reached at (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDS
November 29, 2025
/RICKY D SHAFER/Primary Examiner, Art Unit 2872
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