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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
Drawings
The drawings are objected to because the boxes in Figure 10 should have brief descriptive legends to aid in understanding what is going on. See 37 CFR 1.84(o).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-3, 7, 8, 12-14, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeiss (EP 0120102 A1). The Zeiss reference discloses a temperature measuring device (Fig. 1), comprising:
a drive source (1) configured to generate a measurement current or a measurement voltage between first and second connection points of the drive source;
a plurality of temperature resistors comprising a reference temperature resistor (R1, R2) and a measurement temperature resistor (RM1, RM2, RM3), the reference temperature resistor being between a first line node and a second line node, the measurement temperature resistor being between a first line node and a second line node;
a first switching unit (2) configured to connect the first connection point of the drive source to at least one member selected from the group consisting of the first line node of the reference temperature resistor and the first line node of the measurement temperature resistor;
a voltage recording unit (5) configured to sense a voltage at the temperature resistors;
a first line electrically connecting the second line node of the reference temperature resistor and the second line node of the measurement temperature resistor together to a first connection point of the voltage recording unit; and
a temperature determination unit (6) configured to be communicatively coupled to the voltage recording unit to: i) receive the voltage recorded by the voltage recording unit; and ii) determine a temperature at or in an optical system based on the voltage received from the voltage recording unit.
With respect to claim 2, see the Abstract.
With respect to claim 3, there are three measurement resistors.
With respect to claim 7, Zeiss has a second switching unit (3).
With respect to claim 8, see the Abstract.
With respect to claim 12, see Figure 1.
With respect to claim 13, see the Abstract.
With respect to claim 14, the temperature sensor is for use in an interferometer (i.e.: optical system).
With respect to claim 20, the method of use is inherent to the apparatus.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-6, 9-11, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zeiss (EP 0120102 A1).
With respect to claim 4, Fig. 1 shows that the second line from each measurement resistor (RM1, RM2, RM3) is connected to a separate line that is routed through bottom switching unit (g) to the voltage recording unit (4,5), instead of all of them being connected together into a single line. However, connecting the ground line shown directly to op-amp 4 (thereby eliminating the need for switching unit g entirely) should not change the operation of the device (as there is already switching unit 3 to isolate each measuring resistor) other than to modify slightly the temperature calculating equations, so this alternative configuration would have been obvious to try.
With respect to claims 5 & 6, the Zeiss reference does not expressly state that all of the elements shown are on a “printed circuit board”, but circuit boards were extremely well known, and it would have been obvious to the ordinary practioner to manufacture the circuit shown at least in part upon a standard printed circuit board motivated by its art recognized suitability for its intended use.
With respect to claim 9, Fig. 1 shows that the second line from each measurement resistor (RM1, RM2, RM3) is connected to a separate line that is routed through bottom switching unit (g) to the voltage recording unit (4,5), instead of all of them being connected together into a single line. However, connecting the ground line shown directly to op-amp 4 (thereby eliminating the need for switching unit g entirely) should not change the operation of the device (as there is already switching unit 3 to isolate each measuring resistor) other than to modify slightly the temperature calculating equations, so this alternative configuration would have been obvious to try.
With respect to claims 10-11, the Zeiss reference does not expressly state that all of the elements shown are on a “printed circuit board”, but circuit boards were extremely well known, and it would have been obvious to the ordinary practioner to manufacture the circuit shown at least in part upon a standard printed circuit board motivated by its art recognized suitability for its intended use.
With respect to claims 15-18, the specific layout of the physical circuit would be dictated by the deign of the housing of the interferometer.
With respect to claim 19, applicant has admitted in his background section that temperature sensors are commonly used in EUV Lithography apparatuses, so it would have been obvious to the ordinary practioner to use the temperature sensor of Zeiss in an EUV Lithography apparatus motivated by its known suitability for its intended use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The other references cited but not applied show the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANDY W GIBSON whose telephone number is (571)272-2103. The examiner can normally be reached Tue-Friday 10AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RANDY W. GIBSON
Primary Examiner
Art Unit 2856
/RANDY W GIBSON/ Primary Examiner, Art Unit 2855