ETAILED 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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-23 and 56-65 in the reply filed on January 12, 2026 is acknowledged.
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 1, 4-23, 81-82 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.
As to claim 1, the limitation of “a synthesis/division part configured to...synthesize...and to divide and emit..” renders the claim indefinite. It is unclear whether the recited synthesis/division part is the same physical structure, or different from the previous recited division part. Please clarify.
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.
(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.
Claim 2, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kohl (U.S.Pat. 8,805,382 B2).
With respect to claim 2, Kohl discloses an illumination optical system comprising all features of the instant claim such as: a plurality of light sources (2) each configured to emit a pulsed beam; an optical (9) emitted from each of the plurality of light sources and to divide and emit the synthesized pulse light beam and an illumination system (5, 29, 12-18) configured to illuminate patterning elements by guiding the divided pulse light beams emitted from the optical system to the respective patterning elements (19).
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 83-84 are rejected under 35 U.S.C. 103 as being unpatentable over Kohl (U.S.Pat. 8,805,382 B2) in view of Yashiki (U.S.Pat. 11,537,051 B2).
As to claim 83-84, Kohl discloses an illumination optical system comprising substantially all features of the instant claims as discussed above including the respective patterning elements. Kohl does not expressly disclose that the patterning elements are a spatial light modulator having a plurality of elements each capable of being in a plurality of states, as recited in the instant claims. This feature is well known per se. For example, Yashiki discloses an illumination system having a photomask/patterning elements (14) being a spatial light modulator with a plurality of element each capable of being in a plurality of states (see figures 2A-D). It would have been obvious to a skilled artisan before the effective filling date of the claimed invention to employ the patterning elements as suggested by Yashiki into the illumination optical system of Kohl for the purpose of generating any desired pattern and thereby improving the throughput of the optical system as intended by Kohl.
Allowable Subject Matter
Claims 1, 4-23, 81-82 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 56-63, 65-66 and 85 are allowed.
The above mentioned claims have been found allowable since the prior art of record, either alone or in combination neither discloses nor makes obvious a combination of an illumination optical system comprising among other features, a plurality of light sources; an optical system having a division part, a delay optical system, a synthesis part, an illumination system with particular functions and a specific arrangement between those elements as recited in the claims.
Prior Art Made of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Godfried et al (U.S.Pat. 11,569,628); Fujii (U.S.Pat. 10,591,824) disclose illumination optical systems and have been cited for technical background.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG HENRY NGUYEN whose telephone number is (571)272-2124. The examiner can normally be reached Monday-Friday 7:00AM-4:30PM.
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HUNG HENRY NGUYEN
Primary Examiner
Art Unit 2882
Hvn
7/13/26
/HUNG V NGUYEN/ Primary Examiner, Art Unit 2882