Prosecution Insights
Last updated: July 17, 2026
Application No. 18/433,957

LIGHT SOURCE APPARATUS, OPTICAL APPARATUS, EXPOSURE APPARATUS, DEVICE MANUFACTURING METHOD, ILLUMINATING METHOD, EXPOSURE METHOD, AND METHOD FOR MANUFACTURING OPTICAL APPARATUS

Non-Final OA §DOUBLEPATENT
Filed
Feb 06, 2024
Priority
Apr 02, 2010 — provisional 61/320,443 +7 more
Examiner
RIDDLE, CHRISTINA A
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NIKON Corporation
OA Round
3 (Non-Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
748 granted / 926 resolved
+12.8% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
34 currently pending
Career history
969
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
81.0%
+41.0% vs TC avg
§102
4.4%
-35.6% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 926 resolved cases

Office Action

§DOUBLEPATENT
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Status Acknowledgment is made of the amendment filed on 8/22/2025, which amended claim 1. Claims 1-15 are currently pending. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/22/2025 has been entered. Claim Objections Claim 9 is objected to because of the following informalities: Claim 9, line 3, “an aggregate of the first optical elements” should be changed to --the aggregate of the plurality of first optical elements-- to correct antecedence. Appropriate correction is required to place claims in better form. 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, 3-5, 7, 8-10, and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3 and 5 of U.S. Patent No. 11,934,104 in view of Schultz et al. (US Patent No. 6,198,793, Schultz hereinafter). Regarding claim 1, claim 3 of patent 104 recites an optical apparatus illuminating a first area with light from a light source, the first area being longer in a second direction intersecting a first direction than in the first direction (claim 1), the optical apparatus comprising: a second area in a predetermined plane, the second area being longer in a fourth direction intersecting a third direction than in the third direction (claim 1, col. 25, lines 37-58), and a first fly's eye optical member which is provided within the predetermined plane including the second area, and has a plurality of first optical elements guiding the light from the collector optical member to the first area (claim 1, col. 25, lines 37-58), the plurality of first optical elements being configured to change a direction of the light in the third direction (claim 1, col. 25, lines 37-47, lines 62-63, claim 3), wherein the plurality of first optical elements form an aggregate having a length in the fourth direction longer than a length of the aggregate in the third direction area (claim 1, col. 25, lines 42-58, claim 3, col. 26, lines 4-8). Claim 3 of patent 104 does not appear to recite a collector optical member which is arranged in an optical path between the light source and the first area, and collects light from the light source to form the second area. Schultz discloses a collector optical member (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, 33-45, 48-58, col. 12, lines 33-67, collector mirror 202, 300, 402) which is arranged in an optical path between the light source and the first area, and collects the light from the light source to form a second area in a predetermined plane, the second area being longer in a fourth direction intersecting a third direction than in the third direction, the third direction intersecting the second direction (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, col. 3, lines 18-23, lines 34-51, col. 5, lines 8-27, col. 8, lines 25-45, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 33-67, col. 13, lines 66-67, col. 14, lines 1-6, the collector illuminates the field honeycomb plate having field honeycombs with rectangular illumination and illuminates the reticle with a rectangular field, the short and long sides corresponding such that the third direction of the rectangular field illuminating the field honeycombs intersects the second direction illuminating the reticle field). It would have been obvious to one of ordinary skill in the art at the time of the invention to have included the third direction intersecting the second direction as taught by Schultz in the optical apparatus with the first fly’s eye optical member as recited by patent 104 since including the light from the light source to form a second area in a predetermined plane, the second area being longer in a fourth direction intersecting a third direction than in the third direction, the third direction intersecting the second direction is commonly used to match the illumination to the field to be illuminated on the reticle to improve uniformity of illumination (Schultz, col. 2, lines 10-22, col. 3, lines 18-23). Regarding claim 3, patent 104 as modified by Schultz discloses wherein the first direction is a direction in which the third direction is projected into the first area by an illumination optical system that exists between the first fly's eye optical member and the first area, and the second direction is a direction in which the fourth direction is projected into the first area by the illumination optical system (Schultz, Figs. 3-5, 9, 10, 13, 14, 21, 23-28, 33-45, 48-58, col. 3, lines 18-23, lines 34-51, col. 5, lines 8-27, col. 8, lines 25-45, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 33-67, col. 13, lines 66-67, col. 14, lines 1-6, light from the rectangular field honeycombs of the field honeycomb plate 102, 204 is projected to the reticle 208 via pupil honeycomb plate 22, 206 such that the first and third directions correspond to each other and the fourth and second directions correspond to each other). Regarding claim 4, claim 5 of patent 104 as modified by Schultz recites wherein the collector optical member forms light which is longer in the fourth direction in the second area than in the third direction in the second area by 1.1 times or more (claim 1, col. 25, lines 42-58, claim 3, claim 5, col. 26, lines 14-18). Regarding claim 5, patent 104 as modified by Schultz recites the collector optical member forms light which is longer in the fourth direction in the second area than in the third direction in the second area (Schultz, Figs. 3-5, 9, 10, 13, 14, 21, 23-28, 33-45, 48-58, col. 3, lines 18-23, lines 34-51, col. 10, lines 65-67, col. 11, lines 1-17, col. 12, lines 33-67, col. 15, lines 17-41, collector mirror 202, 300, 402 illuminates the field honeycomb plate 100, 204 with rectangular illumination A), but patent 104 as modified by Schultz does not appear to explicitly describe the light which satisfies such a condition as α is 1.1 or more, provided an aspect ratio of a length of the third direction in the second area to a length of the fourth direction in the second area is 1 to α. However, since Schultz discloses the general conditions of the length in the fourth direction being longer than the length in the third direction, it would have been obvious to one of ordinary skill in the art at the time of the invention to have included to have included optimizing the lengths of the light in the fourth direction and the third direction as provided to the second area in the optical apparatus as recited by patent 104 as modified by Schultz to have obtained the light which satisfies such a condition as α is 1.1 or more, provided an aspect ratio of a length of the third direction in the second area to a length of the fourth direction in the second area is 1 to α since optimizing the length of the light in the second area would have only required routine experimentation to have determined the optimum range of the areal illumination to match the illumination to the field to be illuminated on the reticle to improve uniformity of illumination (Schultz, col. 1, lines 55-65, col. 2, lines 10-22, col. 3, lines 18-23). “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 7, claim 3 of patent 104 as modified by Schultz recites wherein the collector optical member reflects and condenses the light from the light source (Schultz, Figs. 3-5, 9, 10, 13, 14, 21, 23-28, 33-45, 48-58, col. 4, lines 62-65, col. 12, lines 33-67, col. 14, lines 62-67, col. 17, lines 25-31, col. 18, lines 61-67, col. 19, lines 1-6, collector mirror 202, 300, 402 includes an ellipsoid mirror to collect and converge light produced by the light source). Regarding claim 8, claim 3 of patent 104 as modified by Schultz recites wherein the plurality of first optical elements each have a profile different in length between the third direction and the fourth direction, and are aligned along the third direction and the fourth direction within the predetermined plane (Schultz, Figs. 3-5, 9, 10, 13, 14, 21, 23-28, col. 3, lines 18-23, lines 34-51, col. 5, lines 8-27, col. 8, lines 25-45, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 33-67, col. 13, lines 66-67, col. 14, lines 1-6, col. 15, lines 17-48, the field honeycombs 102 have rectangular shapes having a high aspect ratio with the long sides arranged along the long side of illumination A). Regarding claim 9, patent 104 as modified by Schultz discloses wherein the plurality of first optical elements each have the profile longer in the fourth direction than in the third direction and an aggregate of the first optical elements is longer in the fourth direction than in the third direction (Schultz, Figs. 3-5, 9, 10, 13, 14, 21, 23-28, col. 3, lines 18-23, lines 34-51, col. 5, lines 8-27, col. 8, lines 25-45, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 33-67, col. 13, lines 66-67, col. 14, lines 1-6, col. 15, lines 17-48, the field honeycombs 102 have rectangular shapes with the long sides arranged along the long side of illumination A or rectangles A1-A4). Regarding claim 10, claim 3 of patent 104 as modified by Schultz recites wherein in the first fly’s eye optical member, at least one of the plurality of first optical elements has an optical surface, the optical surface having surface curvatures along the third direction and along the fourth direction, which are different from each other within the surface perpendicular to the second area (Schultz, Figs. 3-5, 9, 10, 13, 14, 63, col. 5, lines 36-41, col. 8, lines 25-34, col. 16, lines 20-25, col. 21, lines 48-55, the honeycombs of the field honeycombs 102 have arcuate rectangular shapes). Regarding claim 12, claim 3 of patent 104 as modified by Schultz recites an exposure apparatus comprising the optical apparatus according to claim 1 (see claim 1 rejection above, Figs. 3-5, 9, 10, 13, 14, 21, 23-28, col. 1, lines 5-24, col. 1, lines 55-67, col. 2, lines 1-3, col. 4, lines 33-44, col. 22, lines 4-17, the illumination device is in a lithography apparatus) for illuminating a predetermined pattern formed in the first area, wherein a photosensitive substrate is exposed with the predetermined pattern (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, 30, 46, col. 1, lines 5-24, col. 1, lines 55-67, col. 2, lines 1-3, col. 4, lines 33-44, col. 7, lines 65-67, col. 8, lines 1-2, col. 12, lines 33-67, col. 16, lines 41-49, co. 17, lines 49-55, col. 22, lines 4-17, the illumination device is in a lithography apparatus that illuminates a reticle to expose a wafer with patterns on the reticle). Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,934,104 as modified by Schultz and further in view of Komatsuda (US Patent No. 6,833,904). Regarding claim 2, patent 104 as modified by Schultz does not appear to explicitly recite wherein the optical apparatus is configured such that the light from the light source enters the first fly's eye optical member along a direction inclined, in the third direction, relative to a normal of the predetermined plane, and exits the first fly's eye optical member along a different direction inclined, in the third direction, relative to the predetermined plane. Komatsuda discloses wherein the optical apparatus is configured such that the light from the light source enters the first fly's eye optical member along a direction inclined, in the third direction, relative to a normal of the predetermined plane, and exits the first fly's eye optical member along a different direction inclined, in the third direction, relative to the predetermined plane (Figs. 16-17, 19-21, col. 28, lines 28-67, col. 29, lines 1-10, col. 36, lines 3-22, the light is directed from mirror 15 to the plane of first reflective element group 20a inclined in the Y direction and Z direction with respect to the plane of the first reflective element group 20a, and the light exits the first reflective element group 20a inclined in the opposite direction from the inclined entrance direction). It would have been obvious to one of ordinary skill in the art at the time of the invention to have included wherein the optical apparatus is configured such that the light from the light source enters the first fly's eye optical member along a direction inclined, in the third direction, relative to a normal of the predetermined plane, and exits the first fly's eye optical member along a different direction inclined, in the third direction, relative to the predetermined plane as taught by Komatsuda such that the direction is inclined in the third direction in the optical apparatus as recited by patent 104 as modified by Schultz since including wherein the optical apparatus is configured such that the light from the light source enters the first fly's eye optical member along a direction inclined, in the third direction, relative to a normal of the predetermined plane, and exits the first fly's eye optical member along a different direction inclined, in the third direction, relative to the predetermined plane is commonly used to form the desired arcuate illumination region on a mask of an EUV lithography system to improve resolution for patterns formed on a microdevice (Komatsuda, col. 1, lines 44-48, col. 2, lines 14-17, col. 6, lines 13-64). Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 11,934,104 as modified by Schultz and further in view of Schultz (US Patent No. 6,507,440, Schultz 440 hereinafter). Regarding claim 6, patent 104 as modified by Schultz does not appear to recite wherein the collector optical member includes a condensing surface which condenses the light from the light source, the condensing surface has a curvature at a first cross section and a curvature at a second cross section perpendicular to the first cross section, the curvature at the first cross section is different from the curvature at the second cross section. Schultz 440 discloses wherein the collector optical member includes a condensing surface which condenses the light from the light source, the condensing surface has a curvature at a first cross section and a curvature at a second cross section perpendicular to the first cross section, the curvature at the first cross section is different from the curvature at the second cross section (Figs. 4-8, 34-35, col. 4, lines 5-9, col. 9, lines 5-9, lines 41-53, col. 13, lines 48-67, col. 18, lines 44-67, the collector mirror 23 has a reflection surface that has an anamorphotic reflection effect on the illumination from the light source). It would have been obvious to one of ordinary skill in the art at the time of the invention to have included wherein the collector optical member includes a condensing surface which condenses the light from the light source, the condensing surface has a curvature at a first cross section and a curvature at a second cross section perpendicular to the first cross section, the curvature at the first cross section is different from the curvature at the second cross section as taught by Schultz 440 as the condensing surface in the collector optical element in the optical apparatus as recited by patent 104 as modified by Schultz since including wherein the collector optical member includes a condensing surface which condenses the light from the light source, the condensing surface has a curvature at a first cross section and a curvature at a second cross section perpendicular to the first cross section, the curvature at the first cross section is different from the curvature at the second cross section is commonly used to reduce the aspect ratio of the field facets while using planar facets to reduce manufacturing expense while improving illumination (Schultz 440, col. 3, lines 21-36, col. 18, lines 43-50). Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 11,934,104 as modified by Schultz and further in view of Moriwaka (US PGPub 2006/0222041). Regarding claim 11, patent 104 as modified by Schultz does not appear to recite wherein the surface curvature C1 of the optical surface along the third direction and the surface curvature C2 of the optical surface along the fourth direction satisfy the following condition: 1.0 < C1/C2 <1.2 or 1.0 < C2/C1 < 1.2. Moriwaka discloses wherein the surface curvature C1 of the optical surface along the third direction and the surface curvature C2 of the optical surface along the fourth direction satisfy the following condition: 1.0 < C1/C2 or 1.0 < C2/C1 (para. [0117], the curvatures of the first and second directions form a rectangular beam with an aspect ratio of 1 or more). It would have been obvious to one of ordinary skill in the art at the time of the invention to have included wherein the surface curvature C1 of the optical surface along the third direction and the surface curvature C2 of the optical surface along the fourth direction satisfy the following condition: 1.0 < C1/C2 or 1.0 < C2/C1 as taught by Moriwaka as the curvatures of the optical surface of the first fly’s eye optical member in the optical apparatus as recited by patent 104 as modified by Schultz since including wherein the surface curvature C1 of the optical surface along the third direction and the surface curvature C2 of the optical surface along the fourth direction satisfy the following condition: 1.0 < C1/C2 or 1.0 < C2/C1 is commonly used to control the illumination condition of the region to be illuminated as desired. Although Moriwaka discloses wherein the surface curvature C1 of the optical surface along the third direction and the surface curvature C2 of the optical surface along the fourth direction satisfy 1.0 < C1/C2 or 1.0 < C2/C1, patent 104 as modified by Schultz and Moriwaka does not appear to explicitly describe wherein C1/C2 <1.2 or C2/C1 < 1.2. Since Moriwaka discloses the general condition of different curvatures in the first and second directions (para. [0117]), it would have been obvious to one of ordinary skill in the art at the time of the invention to have optimized the surface curvature C1 of the optical surface along the third direction and the surface curvature C2 of the optical surface along the fourth direction in the optical apparatus as recited by patent 104 as modified by Schultz and Moriwaka to have obtained the curvatures that satisfy the condition 1.0 < C1/C2 <1.2 or 1.0 < C2/C1 < 1.2 in order to control the size of the rectangular beam formed from the fly’s eye to control the uniformity as required by the conditions of the illumination system since optimizing the curvatures of the optical surface along different directions would only require routine skill in the art to determine the optimum curvatures for the improvement of illumination uniformity. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Claims 13-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 11,934,104 as modified by Schultz in view of Hainz et al. (US PGPub 2008/0225387, Hainz hereinafter). Regarding claim 13, patent 104 as modified by Schultz does not appear to recite further comprising a projection optical system which forms an image of the predetermined pattern in the photosensitive substrate, wherein the predetermined pattern and the photosensitive substrate are moved relative to the projection optical system along a scanning direction to expose the photosensitive substrate with the predetermined pattern through projection. Hainz discloses further comprising a projection optical system which forms an image of the predetermined pattern in the photosensitive substrate, wherein the predetermined pattern and the photosensitive substrate are moved relative to the projection optical system along a scanning direction to expose the photosensitive substrate with the predetermined pattern through projection (Figs. 1-4, 6-13, paras. [0002], [0025], [0028]-[0031], [0033], [0061]-[0064], [0066], [0071], [0077]-[0078], [0080], [0084], [0094], [0103], [0105], [0108], claim 37, the projection exposure apparatus is a scanning apparatus that moves the stages in the scanning direction 116 when exposing the image of the reticle onto the substrate on the image plane). It would have been obvious to one of ordinary skill in the art at the time of the invention to have included further comprising a projection optical system which forms an image of the predetermined pattern in the photosensitive substrate, wherein the predetermined pattern and the photosensitive substrate are moved relative to the projection optical system along a scanning direction to expose the photosensitive substrate with the predetermined pattern through projection as taught by Hainz in the exposure apparatus as recited by patent 104 as modified by Schultz since including further comprising a projection optical system which forms an image of the predetermined pattern in the photosensitive substrate, wherein the predetermined pattern and the photosensitive substrate are moved relative to the projection optical system along a scanning direction to expose the photosensitive substrate with the predetermined pattern through projection is commonly used to improve exposure throughput. Regarding claim 14, patent 104 as modified by Schultz does not appear to recite wherein the scanning direction is parallel to the first direction. Hainz discloses wherein the scanning direction is parallel to the first direction (Figs. 1-4, 6-13, paras. [0002], [0025], [0028]-[0031], [0033], [0061]-[0064], [0066], [0071], [0077]-[0078], [0080], [0084], [0094], [0100], [0103], [0105], [0108], claim 37, the scanning direction 116 is parallel to the first direction on the object plane 114). It would have been obvious to one of ordinary skill in the art at the time of the invention to have included wherein the scanning direction is parallel to the first direction as taught by Hainz in the exposure apparatus as recited by patent 104 as modified by Schultz since including wherein the scanning direction is parallel to the first direction is commonly used to improve exposure throughput while arranging the exposure apparatus with the required tool footprint. Regarding claim 15, patent 104 as modified by Schultz recites the exposure apparatus according to claim 12 (claim 14), but patent 104 as modified by Schultz does not appear to recite a device producing method comprising: exposing the photosensitive substrate with the predetermined pattern by using the exposure apparatus; developing the photosensitive substrate to which the predetermined pattern has been transferred to form, on a surface of the photosensitive substrate, a mask layer shaped to correspond to the predetermined pattern; and processing the surface of the photosensitive substrate via the mask layer. Hainz discloses a device producing method (Figs. 1-4, 6-13, paras. [0002], [0025], [0028]-[0031], [0033], [0061]-[0064], [0066], [0071], [0077]-[0078], [0080], [0084], [0094], [0103], [0105], [0108], claim 37) comprising: exposing the photosensitive substrate with the predetermined pattern by using the exposure apparatus (Figs. 1-4, 6-13, paras. [0002], [0025], [0028]-[0031], [0033], [0061]-[0064], [0066], [0071], [0077]-[0078], [0080], [0084], [0094], [0103], [0105], [0108], claim 37, the projection exposure apparatus is a scanning apparatus that scans and exposes the image of the reticle onto the substrate on the image plane); developing the photosensitive substrate to which the predetermined pattern has been transferred to form, on a surface of the photosensitive substrate, a mask layer shaped to correspond to the predetermined pattern (Figs. 1-4, 6-13, paras. [0002], [0025], [0028]-[0031], [0033], [0061]-[0064], [0066], [0071], [0077]-[0078], [0080], [0084], [0094], [0103], [0105], [0108], claim 37, the light-sensitive coating is developed to form an image of the structured mask); and processing the surface of the photosensitive substrate via the mask layer (Figs. 1-4, 6-13, paras. [0002], [0025], [0028]-[0031], [0033], [0061]-[0064], [0066], [0071], [0077]-[0078], [0080], [0084], [0094], [0103], [0105], [0108], claim 37, a microelectronic component is formed by further processing the substrate on which the developed image has been formed). It would have been obvious to one of ordinary skill in the art at the time of the invention to have included a device producing method comprising the steps of: exposing the photosensitive substrate with the predetermined pattern by using the exposure apparatus; developing the photosensitive substrate to which the predetermined pattern has been transferred to form, on a surface of the photosensitive substrate, a mask layer shaped to correspond to the predetermined pattern; and processing the surface of the photosensitive substrate via the mask layer as taught by Hainz using the exposure apparatus as recited by patent 104 as modified by Schultz is commonly used to mass-produce functioning semiconductor devices. Allowable Subject Matter Claims 1-15 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejections set forth in this Office action or if a proper Terminal Disclaimer is filed. The following is a statement of reasons for the indication of allowable subject matter. Regarding claim 1, the prior art of record, either alone or in combination, fails to teach or render obvious the second area being longer in a fourth direction intersecting a third direction than in the third direction, the third direction intersecting the second direction, a fly’s eye optical member which is provided within the predetermined plane including the second area, and has a plurality of first optical elements guiding the light from the collector optical member to the first area, the plurality of first optical elements being configured to change a direction of the light from the collector optical member in the third direction, wherein the plurality of first optical elements form an aggregate having a length in the fourth direction longer than a length of the aggregate in the third direction. These limitations in combination with the other limitations of claim 1 render the claim non-obvious over the prior art of record. The dependent claims are likewise allowable by virtue of their dependency upon an allowable independent claim as stated above. Schultz et al. (US Patent No. 6,198,793, Schultz hereinafter) discloses an optical apparatus illuminating a first area with light from a light source, the first area being longer in a second direction intersecting a first direction than in the first direction (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, 63, col. 3, lines 18-23, lines 34-51, col. 5, lines 8-27, col. 8, lines 25-45, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 33-67, col. 13, lines 66-67, col. 14, lines 1-6, rectangular illumination is used to illuminate the field honeycombs and to illuminate the reticle with a rectangular field having short and long sides), the optical apparatus comprising: a collector optical member (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, 33-45, 48-58, col. 12, lines 33-67, collector mirror 202, 300, 402) which is arranged in an optical path between the light source and the first area, and collects the light from the light source to form a second area in a predetermined plane, the second area being longer in a fourth direction intersecting a third direction than in the third direction, the third direction intersecting the second direction (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, col. 3, lines 18-23, lines 34-51, col. 5, lines 8-27, col. 8, lines 25-45, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 33-67, col. 13, lines 66-67, col. 14, lines 1-6, the collector illuminates the field honeycomb plate having field honeycombs with rectangular illumination and illuminates the reticle with a rectangular field, the short and long sides corresponding such that the third direction of the rectangular field illuminating the field honeycombs intersects the second direction illuminating the reticle field); and a first fly’s eye optical member (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 39-67, a field honeycomb plate 100, 204 includes field honeycombs 102) which is provided within the predetermined plane including the second area, and has a plurality of first optical elements guiding the light from the collector optical member to the first area (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, col. 3, lines 18-23, lines 34-51, col. 5, lines 8-27, col. 8, lines 25-45, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 33-67, col. 13, lines 66-67, col. 14, lines 1-6, the field honeycombs 102 of the field honeycomb plate 102, 204 guide light from the collector mirror 202 to the reticle 208), wherein the plurality of first optical elements form an aggregate having a length in the fourth direction longer than a length of the aggregate in the third direction (Figs. 3-5, 9, 10, 13, 14, 21, 23-28, col. 3, lines 18-23, lines 34-51, col. 5, lines 8-27, col. 8, lines 25-45, col. 10, lines 57-67, col. 11, lines 1-16, col. 12, lines 33-67, col. 13, lines 66-67, col. 14, lines 1-6, the rectangular field honeycombs form a rectangular aggregate with a longer length in the direction corresponding to the longer length of the illumination field on the reticle). Schulz fails to describe or render obvious the plurality of first optical elements being configured to change a direction of the light from the collector optical member in the third direction. Kawabe (US PGPub 2010/0231880) discloses an illumination system comprising a collector (Fig. 2, paras. [0064]-[0065], mirror 15) and a fly’s eye optical system that changes direction of light from the collector (Fig. 2, para. [0065], optical integrator 18 includes fly’s eye optical system 18a), but Kawabe fails to describe or render obvious a fly’s eye optical member which is provided within the predetermined plane including the second area, and has a plurality of first optical elements guiding the light from the collector optical member to the first area, the plurality of first optical elements being configured to change a direction of the light from the collector optical member in the third direction, wherein the plurality of first optical elements form an aggregate having a length in the fourth direction longer than a length of the aggregate in the third direction. Komatsuda (US Patent No. 6,833,904) discloses an illumination optical system which illuminates an illumination area on a first plane with a light from a light source (Figs. 1-2, 8-9, 13-17, 19-21, the light source 1 produces illumination to illuminate the plane with mask 5. The projection system 6 projects an image of the mask on wafer 7), the illumination optical system comprising: a fly's eye optical system which includes a plurality of curved reflection surfaces arranged two-dimensionally on a second plane different from the first plane, and which is configured to reflect the light from the light source (Figs. 1-2, 8-9, 13-17, 19-21, col. 6, lines 1-29, reflective element group 2, 20a includes curved reflective elements E having arc shapes to reflect light from the light source), wherein each of the plurality of curved reflection surfaces is formed to have a first dimension in a first direction and a second dimension in a second direction crossing the first direction, each of the first and second directions being a direction along the second plane, the first dimension being smaller than the second dimension (Figs. 2-6, 9, 14, 15, col. 6, lines 1-29, col. 10, lines 1-38, col. 17, lines 3-67, the respective reflective elements E, E1 of reflective element group 2, 20a have arcuate shapes such that a first dimension is smaller than a second dimension), the plurality of curved reflection surfaces is arranged along the first direction, and rows each formed by the plurality of curved reflection surfaces arranged along the first direction are arranged along the second direction (Figs. 1-2, 8-9, 13-17, 19-21, col. 6, lines 1-29, col. 17, lines 3-67, curved reflective elements E are arranged in rows and columns in two directions). However, Komatsuda does not describe or suggest the fly’s eye optical member which is provided within the predetermined plane including the second area, and has a plurality of first optical elements guiding the light from the collector optical member to the first area, the plurality of first optical elements being configured to change a direction of the light from the collector optical member in the third direction, wherein the plurality of first optical elements form an aggregate having a length in the fourth direction longer than a length of the aggregate in the third direction. Koch et al. (US Patent No. 6,195,201, Koch hereinafter) discloses a collector (Fig. 2, reflector 14) and a light reflected by the fly’s eye optical system illuminates the illumination area on the first plane (Figs. 2-4, co. 4, lines 21-67, col. 5, lines 1-9, the reflected by mirror arrays 16 and 18 illuminates the reticle with an arcuate illumination field 24 along a path that avoids crossing the optical axis of the projection optic 11). Koch does not describe or render obvious the fly’s eye optical member which is provided within the predetermined plane including the second area, and has a plurality of first optical elements guiding the light from the collector optical member to the first area, the plurality of first optical elements being configured to change a direction of the light from the collector optical member in the third direction, wherein the plurality of first optical elements form an aggregate having a length in the fourth direction longer than a length of the aggregate in the third direction. Komatsuda (US PGPub 2005/0264789, Komatsuda 789) discloses wherein the fly’s eye optical system is configured to change a direction of light from the collector in a first direction (Figs. 3-5, paras. [0039], [0045]-[0046], the optical integrator 18 folds the light from light source 1 in the direction parallel to the plane of Fig. 5, which is in the short direction of the exposure area (Y-direction), but Komatsuda 789 is silent regarding a direction of any short dimension of the elements of the fly-eye mirrors. Komatsuda 789 does not describe or render obvious the fly’s eye optical member which is provided within the predetermined plane including the second area, and has a plurality of first optical elements guiding the light from the collector optical member to the first area, wherein the plurality of first optical elements form an aggregate having a length in the fourth direction longer than a length of the aggregate in the third direction, which is the direction in which the first optical element change the direction of the light from the collector optical member. Response to Arguments Applicant’s arguments, see pages 1-2, filed 8/22/2025, with respect to the nonstatutory double patenting rejections of the claims as being unpatentable over the claims of US Patent No. 9,703,204 in view of Schultz have been fully considered and are persuasive owing to the amendment to the claim language to include the limitation “the plurality of first optical elements being configured to change a direction of the light from the collector optical member in the third direction.” The nonstatutory double patenting rejections of the claims as being unpatentable over the claims of US Patent No. 9,703,204 in view of Schultz has been withdrawn. However, as discussed above, the claims remain rejected over the claims of US Patent No. 11,934,104 in view of Schultz. Applicant’s arguments, see pages 3-4, filed 8/22/2025, with respect to the 35 U.S.C. 102(b) rejection of claim 1 as being anticipated by Schultz have been fully considered and are persuasive owing to the amendment to the claim language to include the limitation “the plurality of first optical elements being configured to change a direction of the light from the collector optical member in the third direction.” The 35 U.S.C. 102(b) rejection of claim 1 as being anticipated by Schultz has been withdrawn. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA A. RIDDLE whose telephone number is (571)270-7538. The examiner can normally be reached M-Th 6:30AM-5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached at (571)272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTINA A RIDDLE/Primary Examiner, Art Unit 2882
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Prosecution Timeline

Feb 06, 2024
Application Filed
Dec 18, 2024
Non-Final Rejection mailed — §DOUBLEPATENT
Mar 17, 2025
Response Filed
May 22, 2025
Final Rejection mailed — §DOUBLEPATENT
Aug 22, 2025
Request for Continued Examination
Aug 25, 2025
Response after Non-Final Action
Apr 20, 2026
Non-Final Rejection mailed — §DOUBLEPATENT (current)

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