Prosecution Insights
Last updated: July 17, 2026
Application No. 18/438,165

VUV LASER-SUSTAINED PLASMA LIGHT SOURCE WITH LONG-PASS FILTERING

Non-Final OA §102§103§112§DP
Filed
Feb 09, 2024
Priority
Feb 14, 2023 — provisional 63/445,307 +1 more
Examiner
EINHORN, MICA JILLIAN
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
KLA Corporation
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
2 granted / 2 resolved
+32.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
29 currently pending
Career history
30
Total Applications
across all art units

Statute-Specific Performance

§103
90.8%
+50.8% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2 resolved cases

Office Action

§102 §103 §112 §DP
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 . Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 502. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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. Specification The disclosure is objected to because of the following informalities: Paragraph 31 of the specifications recites “FIG. 4 illustrates a simplified schematic view of the light source 100 with a reflector assembly 400”. However, there is no reference number 400 in Figure 4. Paragraph 27 recites ““The addition of Xe blocks emission below about 132-136 nm and in the 144 to about 150-160 nm band depending on Xe partial pressure.” Appropriate correction is required. Election/Restrictions Claims 13-15 and 30-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species B (Fig. 2), D (Fig. 4) and E (Fig. 5), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/10/2026. Applicant's election with traverse of species A and species C is acknowledged. The traversal is on the ground(s) that no single claim is directed to a “single filter” or a “filter tube”. This is not found persuasive because as evidenced by the applicants’ remarks, the applicant understood that a single filter refers to the filter comprising a sheet. The applicant raised no issues with respect to the correctness of the restriction or with respect to the burden. Further, claims 13 and 30 requires a reflector assembly. The reflector assembly is denoted by reference numbers 402 and 500 in Figures 4 and 5 respectively, which are not included as elected species. Therefore, claims 13 and 30 are withdrawn from consideration. The requirement is still deemed proper and is therefore made FINAL. Claim Interpretation 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 claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “collection optical element” in claims 11 and 19, interpreted to be a mirror or a lens. “a set of illumination optics” in claim 19, interpreted to be a beam splitter and an objective lens. “a set of collection optics” in claim 19 interpreted to be the same as the illumination optics (see rejection under 112b below). “detector assembly” in claim 19 interpreted to be a sensor. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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 19-29 and 33-35 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. Claim 19 discloses “a set of illumination optics configured to direct broadband light from the broadband light source to one or more samples” and “a set of collection optics configured to collect light emanating from the one or more samples.” The specifications disclose “[i]n one embodiment, the illumination arm 603 includes one or more optical elements 602, a beam splitter 604, and an objective lens 606 (para. [0036]).” Reference number 603 in the drawings appears to point to beam splitter 604 and objective lens 606. Further, the specifications of the present disclosure discuss a “collection arm 605 configured to collect light reflected, scattered, diffracted, and/or emitted from sample 607 (para. [0037]).” Reference number 605 in the drawings also appears to point to the beam splitter 604 and the objective lens 606. For these reasons it is unclear what the is covered by the illumination optics are and what is covered by the collection optics are. For the purposes of examination, the illumination and collection optics will be interpreted to be the same parts. 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 (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. 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 1-7, 9-12, 16-18, and 36 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Sebaek Oh (US 20150271905 A1), hereinafter referred to as Oh. Regarding claim 1, Oh teaches a laser-sustained broadband light source comprising: a gas containment structure (plasma cell 101) containing a mixture of a first noble gas and a second noble gas (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])), a laser pump source configured to generate an optical pump to sustain a plasma within the gas containment structure (the plasma cell is configured to receive illumination from a pump laser in order to generate a plasma within the volume of gas (para. [0007])), wherein the plasma generates broadband light (In another illustrative embodiment, the plasma emits broadband radiation (para. [0007])), wherein the first noble gas absorbs a portion of the broadband light within a first wavelength band and a second wavelength band (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])); The specifications of the present disclosure explain “[t]he addition of Xe blocks emission below about 132-136 nm and in the 144 to about 150-160 nm band depending on Xe partial pressure (para. [0027]).” Oh discloses the use of xenon as a first noble gas. Therefore, via the use of xenon, the first noble gas of Oh inherently absorbs a portion of broadband light within a first wavelength band and a second wavelength band via the first noble gas, as evidenced by the specifications. and a filter positioned within the gas containment structure and configured to absorb a portion of the broadband light emitted by the plasma having a wavelength below a selected wavelength threshold (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2), lithium fluoride (LiF.sub.2), crystalline quartz and sapphire (para. [0076])), The specifications of the present disclosure explain “By way of another example, in a second combination, the first noble gas may include xenon (e.g., xenon mixed with argon) and the filter 104 may include sapphire. In this case, sapphire bulk damage is reduced by the Xe 146.96 nm absorption line which coincides with the sapphire absorption edge, thereby protecting the sapphire filter tube from damage (para. [0027]).” Oh teaches the use of a filter (transparent portion 102) made of sapphire. Therefore, as evidenced by the specifications, the filter disclosed in Oh inherently possesses the quality of absorbing a portion of the broadband light emitted by the plasma having a wavelength below a selected wavelength threshold (sapphire absorption edge). wherein absorption of broadband light by the first noble gas and the filter provide long-pass filtering of broadband light below the selected wavelength threshold to protect one or more downstream optical elements (downstream optics (para. [0068])) from damage. To be clear, the downstream optical elements are not positively claimed. The specifications of the present disclosure explain “By way of another example, in a second combination, the first noble gas may include xenon (e.g., xenon mixed with argon) and the filter 104 may include sapphire. In this case, sapphire bulk damage is reduced by the Xe 146.96 nm absorption line which coincides with the sapphire absorption edge, thereby protecting the sapphire filter tube from damage (para. [0027]).” Oh teaches the use of a xenon gas and a sapphire filter. Therefore, as evidenced by the specifications the first noble gas and filter inherently possesses the quality of providing long-pass filtering of broadband light below the selected wavelength threshold to protect one or more downstream optical elements from damage. Regarding claim 2, Oh teaches the broadband light source of claim 1, wherein the absorption of broadband light at the first wavelength by the first noble gas protects the filter from degradation (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])) (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2), lithium fluoride (LiF.sub.2), crystalline quartz and sapphire (para. [0076])), The specifications of the present disclosure explain “By way of another example, in a second combination, the first noble gas may include xenon (e.g., xenon mixed with argon) and the filter 104 may include sapphire. In this case, sapphire bulk damage is reduced by the Xe 146.96 nm absorption line which coincides with the sapphire absorption edge, thereby protecting the sapphire filter tube from damage (para. [0027]).” Oh teaches the use of a xenon as a first noble gas and a filter (transparent portion 102) made of sapphire. Therefore, as evidenced by the specifications the first noble gas disclosed in Oh inherently possesses the quality of absorbing broadband light at the first wavelength such that the filter is protected from degradation. Regarding claim 3, Oh teaches the broadband light source of claim 1, wherein a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). The specifications of the present disclosure explain “The addition of Xe blocks emission below about 132-136 nm and in the 144 to about 150-160 nm band depending on Xe partial pressure (para. [0027]).” Oh teaches the use of Xenon as a first noble gas. Therefore, as evidenced by the specifications a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure. Claim 3 imposes no further structure. Regarding claim 4, Oh teaches the broadband light source of claim 3, wherein the transmission edge shifts to larger wavelength as the partial pressure of the first noble gas is increased (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). The specifications of the present disclosure explain “The transmission edge may shit of larger wavelength as the partial pressure of the first noble gas is increased (para. [0026]).” Further the specifications explain “By way of another example, in a second combination, the first noble gas may include xenon (para. [0027]).” Oh discloses the use of xenon as a first noble gas. Therefore, as evidenced by the specifications the transmission edge shifts to larger wavelength as the partial pressure of the first noble gas is increased. Claim 4 imposes no further structure. Regarding claim 5, Oh teaches the broadband light source of claim 1, wherein the first noble gas comprises at least one of krypton or xenon (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). Regarding claim 6, Oh teaches the broadband light source of claim 1, wherein the second noble gas comprises argon (In another instance, the gas 108 may include a mixture of argon gas with an additional gas (para. [0073])). Regarding claim 7, Oh teaches the broadband light source of claim 1, wherein the filter is formed from at least one of CaF2 or sapphire (the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2)). Regarding claim 9, Oh teaches the broadband light source of claim 1, wherein the first noble gas comprises xenon, the second noble gas comprises argon (For example, gases suitable for implementation in the system 100 of the present disclosure may include, … Ar:Xe (para. [0074])), and the filter is formed from sapphire (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, … sapphire (para. [0076])). Regarding claim 10, Oh teaches the broadband light source of claim 1, wherein filter comprises at least one of a sheet or tube (Fig. 1F as annotated below). PNG media_image1.png 762 472 media_image1.png Greyscale Regarding claim 11, Oh teaches the broadband light source of claim 1, further comprising: a collection optical element configured to collect at least a portion of the broadband light emitted from the plasma and direct the portion of the broadband light to the one or more downstream optical elements (In another embodiment, the collector element 105 is arranged to collect broadband illumination 142 (e.g., VUV radiation, DUV radiation, EUV radiation, UV radiation and/or visible radiation) emitted by plasma 106 and direct the broadband illumination to one or more additional optical elements (e.g., filter 123, homogenizer 125 and the like) (para. [0082])). Regarding claim 12, Oh teaches the broadband light source of claim 11, wherein the collection optical element comprises at least one of a mirror or lens (For example, the collector element 105 may include an ellipsoid-shaped collector element 105 having a reflective internal surface (para. [0081])) ( In another embodiment, the collection element 105 is arranged to receive illumination from mirror 119 and focus the illumination to the focal point of the collection element 105 (para. [0085])). Regarding claim 16, Oh teaches the broadband light source of claim 1, wherein the one or more downstream optical elements are formed from MgF2 (For instance, the materials used to fabricate the transparent optical elements of the source 300 and the structural configuration of the nanostructure layer 104 may take similar forms as those described previously herein in the context of plasma cell 101 and arc lamp 200 (para. [0107])) (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2) (para. [0076])). Regarding claim 17, Oh teaches the broadband light source of claim 1, wherein the one or more downstream optical elements comprise at one of one or more transmissive optical elements (lens 117) (windows 302, 304) or one or more reflective optical elements (turning mirror 119). Regarding claim 18, Oh teaches the broadband light source of claim 17, wherein the one or more downstream optical elements comprise at least one of a window (windows 302, 304), a lens (lens 117), or a mirror (turning mirror 119). Regarding claim 36, Oh discloses a method comprising: containing a mixture of a first noble gas and a second noble gas within a gas containment structure (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])); generating an optical pump and directing the optical pump within the gas containment structure to sustain a plasma within the gas containment structure (the plasma cell is configured to receive illumination from a pump laser in order to generate a plasma within the volume of gas (para. [0007])) to generate broadband light (In another illustrative embodiment, the plasma emits broadband radiation (para. [0007])); and providing long-pass filtering of the broadband light, wherein the providing long-pass filtering of the broadband light comprises: absorbing a portion of broadband light within a first wavelength band and a second wavelength band via the first noble gas (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])); The specifications of the present disclosure “The addition of Xe blocks emission below about 132-136 nm and in the 144 to about 150-160 nm band depending on Xe partial pressure (para. [0027]).” Oh discloses the use of Xenon as a first noble gas. Therefore, via the use of Xenon, the first noble gas of Oh inherently a portion of broadband light within a first wavelength band and a second wavelength band via the first noble gas. absorbing a portion of the broadband light having a wavelength below a selected wavelength threshold via a filter (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2), lithium fluoride (LiF.sub.2), crystalline quartz and sapphire (para. [0076])), The specifications of the present disclosure explain “By way of another example, in a second combination, the first noble gas may include xenon (e.g., xenon mixed with argon) and the filter 104 may include sapphire. In this case, sapphire bulk damage is reduced by the Xe 146.96 nm absorption line which coincides with the sapphire absorption edge, thereby protecting the sapphire filter tube from damage (para. [0027]).” Oh teaches the use of a xenon as a first noble gas and a filter (transparent portion 102) made of sapphire. Therefore, as evidenced by the specifications, the filter disclosed in Oh inherently absorbs a portion of the broadband light emitted by the plasma having a wavelength below a selected wavelength threshold (sapphire absorption edge). 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 (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. 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. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Oh, in view of Donald K. Smith (US 20090032740 A1), hereinafter referred to as Smith. Regarding claim 8, Oh teaches the broadband light source of claim 1, wherein the second noble gas comprises argon (In another instance, the gas 108 may include a mixture of argon gas with an additional gas (para. [0073])), and the filter is formed from CaF2 (the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2)). Oh fails to explicitly teach the broadband light source of claim 1, wherein the first noble gas comprises krypton. However, Smith teaches teach the broadband light source of claim 1, wherein the first noble gas comprises krypton (The gas can be one or more of a noble gas, Xe, Ar, Ne, Kr, He (para. [0012])). Oh teaches the use of two noble gases in the broadband light generation system including Ar:Xe. Oh also teaches the use of Krypton in the plasma cell 101 (para. [0073]). However, Oh does not explicitly teach using Krypton with another noble gas. Smith teaches using one or more noble gases, including any combination of Xe, Ar, Ne, Kr, He (para. [0012]). Therefore, Smith teaches that a combination of Argon and Xenon produces an equivalent result to using krypton and another noble gas as a plasma light source and produces the predicable result of generating plasma which emits a high brightness light. 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 device described in Oh to include the teachings of Smith by replacing the use of xenon with krypton. Doing so is a matter of simple substitution. Claims 19-29 and 33-35 are rejected under 35 U.S.C. 103 as being unpatentable over Oh, in view of Yung-Ho Alex Chuang (US 20210010948 A1), herein after referred to as Chuang. Regarding claim 19, Oh teaches a characterization system comprising: a broadband light source comprising: a gas containment structure (plasma cell 101) containing a mixture of a first noble gas and a second noble gas (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])), a laser pump source configured to generate an optical pump to sustain a plasma within the gas containment structure (the plasma cell is configured to receive illumination from a pump laser in order to generate a plasma within the volume of gas (para. [0007])), wherein the plasma generates broadband light (In another illustrative embodiment, the plasma emits broadband radiation (para. [0007])); wherein the first noble gas absorbs a portion of the broadband light within a first wavelength band and a second wavelength band (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])); The specifications of the present disclosure explain “[t]he addition of Xe blocks emission below about 132-136 nm and in the 144 to about 150-160 nm band depending on Xe partial pressure (para. [0027]).” Oh discloses the use of Xenon as a first noble gas. Therefore, via the use of Xenon, the first noble gas of Oh inherently absorbs a portion of broadband light within a first wavelength band and a second wavelength band via the first noble gas, as evidenced by the specifications. and a filter positioned within the gas containment structure and configured to absorb a portion of the broadband light emitted by the plasma having a wavelength below a selected wavelength threshold (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2), lithium fluoride (LiF.sub.2), crystalline quartz and sapphire (para. [0076])), The specifications of the present disclosure explain “By way of another example, in a second combination, the first noble gas may include xenon (e.g., xenon mixed with argon) and the filter 104 may include sapphire. In this case, sapphire bulk damage is reduced by the Xe 146.96 nm absorption line which coincides with the sapphire absorption edge, thereby protecting the sapphire filter tube from damage (para. [0027]).” Oh teaches the use of a filter (transparent portion 102) made of sapphire. Therefore, as evidenced by the specifications the filter disclosed in Oh inherently possesses the quality of absorbing a portion of the broadband light emitted by the plasma having a wavelength below a selected wavelength threshold (sapphire absorption edge). wherein absorption of broadband light by the first noble gas and the filter provide long-pass filtering of broadband light below the selected wavelength threshold to protect one or more downstream optical elements downstream optics (para. [0068])) from damage. To be clear, the downstream optical elements are not positively claimed. The specifications of the present disclosure explain “By way of another example, in a second combination, the first noble gas may include xenon (e.g., xenon mixed with argon) and the filter 104 may include sapphire. In this case, sapphire bulk damage is reduced by the Xe 146.96 nm absorption line which coincides with the sapphire absorption edge, thereby protecting the sapphire filter tube from damage (para. [0027]).” Oh teaches the use xenon as a first noble gas and of a sapphire filter. Therefore, as evidenced by the specifications the first noble gas and the filter inherently possesses the quality of providing long-pass filtering of broadband light below the selected wavelength threshold to protect one or more downstream optical elements from damage, as evidenced by the specifications. and a collection optical element configured to collect broadband light emitted from the plasma and direct the broadband light to the one or more downstream optical elements (In another embodiment, the collector element 105 is arranged to collect broadband illumination 142 (e.g., VUV radiation, DUV radiation, EUV radiation, UV radiation and/or visible radiation) emitted by plasma 106 and direct the broadband illumination to one or more additional optical elements (e.g., filter 123, homogenizer 125 and the like) (para. [0082])); Oh fails to teach a set of illumination optics configured to direct broadband light from the broadband light source to one or more samples; a set of collection optics configured to collect light emanating from the one or more samples; and a detector assembly. However, Chuang teaches a set of illumination optics configured to direct broadband light from the broadband light source to one or more samples (the illumination arm 107 includes one or more optical elements 103. In this regard, illumination arm 107 may be configured to focus illumination from the illumination source 102 onto the surface of the sample 108 (para. [0029]))(Fig. 1 as annotated below); a set of collection optics configured to collect light emanating from the one or more samples (In another embodiment, a collection arm 109 is configured to collect illumination reflected, scattered, diffracted, and/or emitted from the sample 108 (para. [0030])) (Fig. 1 as annotated below); and a detector assembly (Fig. 1 as annotated below). Figure 1 of Chuang is a characterization system intended for use as an inspection system or metrology system (para. [0026]). Oh explains “the plasma cell 101 may deliver VUV radiation, DUV radiation, EUV radiation, UV radiation and/or visible radiation to downstream optical elements of any optical characterization system known in the art, such as, but not limited to, an inspection tool or a metrology tool.” 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 device described in Oh to include the teachings of Chuang by incorporating the illumination optics, collection optics, and detector assembly of Chaung. Doing so allows for the use of the broadband light source as an inspection tool or metrology tool. Regarding claim 20, Oh teaches the characterization system of claim 19, wherein the absorption of broadband light at the first wavelength by the first noble gas protects the filter from degradation (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])) (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2), lithium fluoride (LiF.sub.2), crystalline quartz and sapphire (para. [0076])), The specifications of the present disclosure explain “By way of another example, in a second combination, the first noble gas may include xenon (e.g., xenon mixed with argon) and the filter 104 may include sapphire. In this case, sapphire bulk damage is reduced by the Xe 146.96 nm absorption line which coincides with the sapphire absorption edge, thereby protecting the sapphire filter tube from damage (para. [0027]).” Oh teaches the use of a xenon as a first noble gas and a filter (transparent portion 102) made of sapphire. Therefore, as evidenced by the specifications the filter disclosed in Oh inherently possesses the quality of absorbing a portion of the broadband light emitted by the plasma having a wavelength below a selected wavelength threshold (sapphire absorption edge) which protects the filter from degradation. Regarding claim 21, Oh teaches the characterization system of claim 19, wherein a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). The specifications of the present disclosure explain “The addition of Xe blocks emission below about 132-136 nm and in the 144 to about 150-160 nm band depending on Xe partial pressure (para. [0027]).” Oh teaches the use of Xenon as a first noble gas. Therefore, as evidenced by the specifications a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure. Claim 3 imposes no further structure. Regarding claim 22, Oh teaches the characterization system of claim 19, wherein the transmission edge shifts to larger wavelength as the partial pressure of the first noble gas is increased (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). The specifications of the present disclosure explain “The transmission edge may shit of larger wavelength as the partial pressure of the first noble gas is increased (para. [0026]).” Further the specifications explain “By way of another example, in a second combination, the first noble gas may include xenon (para. [0027]).” Oh discloses the use of xenon as a first noble gas. Therefore, as evidenced by the specifications the transmission edge shifts to larger wavelength as the partial pressure of the first noble gas is increased. Claim 4 imposes no further structure. Regarding claim 23, Oh teaches the characterization system of claim 19, wherein the first noble gas comprises at least one of krypton or xenon (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). Regarding claim 24, Oh teaches the characterization system of claim 19, wherein the second noble gas comprises argon (In another instance, the gas 108 may include a mixture of argon gas with an additional gas (para. [0073])). Regarding claim 25, Oh teaches the characterization system of claim 19, wherein the filter (transparent portion 102) is formed from at least one of a CaF2 or sapphire filter (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2), lithium fluoride (LiF.sub.2), crystalline quartz and sapphire (para. [0076])). Regarding claim 26, Oh teaches the characterization system of claim 19, wherein the second noble gas comprises argon (In another instance, the gas 108 may include a mixture of argon gas with an additional gas (para. [0073])), and the filter is formed from CaF2 (the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2)). Oh fails to explicitly teach the broadband light source of claim 1, wherein the first noble gas comprises krypton. However, Smith teaches teach the broadband light source of claim 1, wherein the first noble gas comprises krypton (The gas can be one or more of a noble gas, Xe, Ar, Ne, Kr, He (para. [0012])). Oh teaches the use of two noble gases in the broadband light generation system including Ar:Xe. Oh also teaches the use of Krypton in the plasma cell 101 (para. [0073]). However, Oh does not explicitly teach using Krypton with another noble gas. Smith teaches using one or more noble gases, including any combination of Xe, Ar, Ne, Kr, He (para. [0012]). Therefore, Smith teaches that a combination of Argon and Xenon produces an equivalent result to using krypton and another noble gas as a plasma light source and produces the predictable result of generating plasma. 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 device described in Oh to include the teachings of Smith by using Krypton along with another noble gas such that Krypton is the first noble gas. Doing so is a matter of simple substitution. Regarding claim 27, Oh teaches the characterization system of claim 19, wherein the first noble gas comprises xenon, the second noble gas comprises argon (For example, gases suitable for implementation in the system 100 of the present disclosure may include, … Ar:Xe (para. [0074])), and the filter is formed from sapphire (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, … sapphire (para. [0076])). Regarding claim 28, Oh teaches the characterization system of claim 19, wherein filter comprises at least one of a sheet or tube (Fig. 1F as annotated above). Regarding claim 29, Oh teaches the characterization system of claim 19, wherein the collection optical element comprises at least one of a mirror or lens (For example, the collector element 105 may include an ellipsoid-shaped collector element 105 having a reflective internal surface (para. [0081])) ( In another embodiment, the collection element 105 is arranged to receive illumination from mirror 119 and focus the illumination to the focal point of the collection element 105 (para. [0085])). Regarding claim 33, Oh teaches the characterization system of claim 19, wherein the one or more downstream optical elements are formed from MgF2 (For instance, the materials used to fabricate the transparent optical elements of the source 300 and the structural configuration of the nanostructure layer 104 may take similar forms as those described previously herein in the context of plasma cell 101 and arc lamp 200 (para. [0107])) (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2) (para. [0076])). Regarding claim 34, Oh teaches the characterization system of claim 19, wherein the one or more downstream optical elements comprise at one of one or more transmissive optical elements (lens 117) (windows 302, 304) or one or more reflective optical elements (turning mirror 119). Regarding claim 35, Oh teaches the characterization system of claim 19, wherein the one or more downstream optical elements comprise at least one of a window (windows 302, 304), a lens (lens 117), or a mirror (turning mirror 119). 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 1-12, 16-25, 27-29, and 33-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9, 11-15, 18, 28-22, and 35 of U.S. Patent No. 12452987. Although the claims at issue are not identical, they are not patentably distinct from each other. See rejections below. US 12452987 B2 18/438,165 1. A laser-sustained plasma broadband light source comprising: a gas containment structure containing a mixture of a first noble gas and a second noble gas; an input optical window; a laser pump source configured to generate an optical pump, wherein the laser pump source is configured to direct the optical pump through the input optical window to sustain a plasma within the filter tube, wherein the plasma generates broadband light; wherein the first noble gas absorbs a portion of the broadband light within a first wavelength band and a second wavelength band; a filter tube positioned within the gas containment structure; wherein the filter tube is configured to absorb a portion of the broadband light having a wavelength below a selected wavelength threshold, wherein absorption of broadband light by the first noble gas and the filter tube provide long-pass filtering of broadband light below the selected wavelength threshold to protect one or more downstream optical elements from damage; an output optical window configured to transmit filtered broadband light out of the gas containment structure; a gas inlet; and a gas outlet, wherein the gas inlet and gas outlet are configured to generate a reverse vortex flow pattern within the filter tube. 1. (ORIGINAL) A laser-sustained broadband light source comprising: a gas containment structure containing a mixture of a first noble gas and a second noble gas, a laser pump source configured to generate an optical pump to sustain a plasma within the gas containment structure, wherein the plasma generates broadband light, wherein the first noble gas absorbs a portion of the broadband light within a first wavelength band and a second wavelength band; and a filter positioned within the gas containment structure and configured to absorb a portion of the broadband light emitted by the plasma having a wavelength below a selected wavelength threshold, wherein absorption of broadband light by the first noble gas and the filter provide long-pass filtering of broadband light below the selected wavelength threshold to protect one or more downstream optical elements from damage. 2. The broadband light source of claim 1, wherein the absorption of broadband light at the first wavelength by the first noble gas protects the filter tube from degradation. 2. (ORIGINAL) The broadband light source of claim 1, wherein the absorption of broadband light at the first wavelength by the first noble gas protects the filter from degradation. 3. The broadband light source of claim 1, wherein a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure. 3. (ORIGINAL) The broadband light source of claim 1, wherein a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure. 4. The broadband light source of claim 3, wherein the transmission edge shifts to larger wavelength as the partial pressure of the first noble gas is increased. 4. (ORIGINAL) The broadband light source of claim 3, wherein the transmission edge shifts to larger wavelength as the partial pressure of the first noble gas is increased. 5. The broadband light source of claim 1, wherein the first noble gas comprises at least one of krypton or xenon. 5. (ORIGINAL) The broadband light source of claim 1, wherein the first noble gas comprises at least one of krypton or xenon. 6. The broadband light source of claim 1, wherein the second noble gas comprises argon. 6. (ORIGINAL) The broadband light source of claim 1, wherein the second noble gas comprises argon. 7. The broadband light source of claim 1, wherein the filter tube is formed from at least one of a CaF.sub.2 or sapphire filter. 7. (ORIGINAL) The broadband light source of claim 1, wherein the filter is formed from at least one of CaF2 or sapphire. 8. The broadband light source of claim 1, wherein the first noble gas comprises krypton, the second noble gas comprises argon, and the filter tube is formed from CaF.sub.2. 8. (ORIGINAL) The broadband light source of claim 1, wherein the first noble gas comprises krypton, the second noble gas comprises argon, and the filter is formed from CaF2. 9. The broadband light source of claim 1, wherein the first noble gas comprises xenon, the second noble gas comprises argon, and the filter tube is formed from sapphire. 9. (ORIGINAL) The broadband light source of claim 1, wherein the first noble gas comprises xenon, the second noble gas comprises argon, and the filter is formed from sapphire. 1. a filter tube positioned within the gas containment structure; 10. (ORIGINAL) The broadband light source of claim 1, wherein filter comprises at least one of a sheet or tube. 11. The broadband light source of claim 1, further comprising: a collection optical element configured to collect at least a portion of the broadband light emitted from the plasma and direct the portion of the broadband light to the one or more downstream optical elements. 11. (ORIGINAL) The broadband light source of claim 1, further comprising:a collection optical element configured to collect at least a portion of the broadband light emitted from the plasma and direct the portion of the broadband light to the one or more downstream optical elements. 12. The broadband light source of claim 11, wherein the collection optical element comprises at least one of a mirror or a lens. 12. (ORIGINAL) The broadband light source of claim 11, wherein the collection optical element comprises at least one of a mirror or lens. 13. The broadband light source of claim 11, wherein the one or more downstream optical elements are formed from MgF.sub.2. 16. (ORIGINAL) The broadband light source of claim 1, wherein the one or more downstream optical elements are formed from MgF2. 14. The broadband light source of claim 11, wherein the one or more downstream optical elements comprise at least one of one of one or more transmissive optical elements or one or more reflective optical elements. 17. (ORIGINAL) The broadband light source of claim 1, wherein the one or more downstream optical elements comprise at one of one or more transmissive optical elements or one or more reflective optical elements. 15. The broadband light source of claim 14, wherein the one or more downstream optical elements comprise at least one of a window, a lens, or a mirror. 18. (ORIGINAL) The broadband light source of claim 17, wherein the one or more downstream optical elements comprise at least one of a window, a lens, or a mirror. 18. A characterization system comprising: a broadband light source comprising: a gas containment structure containing a mixture of a first noble gas and a second noble gas; an input optical window; a laser pump source configured to generate an optical pump, wherein the laser pump source is configured to direct the optical pump through the input optical window to sustain a plasma within the filter tube, wherein the plasma generates broadband light; wherein the first noble gas absorbs a portion of the broadband light within a first wavelength band and a second wavelength band; wherein a filter tube positioned within the gas containment structure; the filter tube is configured to absorb a portion of the broadband light having a wavelength below a selected wavelength threshold, wherein absorption of broadband light by the first noble gas and the filter tube provide long-pass filtering of broadband light below the selected wavelength to protect one or more downstream optical elements from damage; an output optical window configured to transmit filtered broadband light out of the gas containment structure; a gas inlet; and a gas outlet, wherein the gas inlet and gas outlet are configured to generate a reverse vortex flow pattern within the filter tube; a set of illumination optics configured to direct filtered broadband light from the broadband light source to one or more samples; a set of collection optics configured to collect light emanating from the one or more samples; and a detector assembly. 28. The characterization system of claim 18, further comprising: a collection optical element configured to collect at least a portion of the broadband light emitted from the plasma and direct the portion of the broadband light to the one or more downstream optical elements. 19. A characterization system comprising: a broadband light source comprising: a gas containment structure containing a mixture of a first noble gas and a second noble gas, a laser pump source configured to generate an optical pump to sustain a plasma within the gas containment structure, wherein the plasma generates broadband light; wherein the first noble gas absorbs a portion of the broadband light within a first wavelength band and a second wavelength band; a filter positioned within the gas containment structure and configured to absorb a portion of the broadband light emitted by the plasma having a wavelength below a selected wavelength threshold, wherein absorption of broadband light by the first noble gas and the filter provide long-pass filtering of broadband light below the selected wavelength threshold to protect one or more downstream optical elements from damage; a set of illumination optics configured to direct broadband light from the broadband light source to one or more samples; a set of collection optics configured to collect light emanating from the one or more samples; and a detector assembly. and a collection optical element configured to collect broadband light emitted from the plasma and direct the broadband light to the one or more downstream optical elements; (See rejection below) 20. (ORIGINAL) The characterization system of claim 19, wherein the absorption of broadband light at the first wavelength by the first noble gas protects the filter from degradation. (See rejection below) 21. (ORIGINAL) The characterization system of claim 19, wherein a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure. (See rejection below) 22. (ORIGINAL) The characterization system of claim 21, wherein the transmission edge shifts to larger wavelength as the partial pressure of the first noble gas is increased. (See rejection below) 23. (ORIGINAL) The characterization system of claim 19, wherein the first noble gas comprises at least one of krypton or xenon. (See rejection below) 24. (ORIGINAL) The characterization system of claim 19, wherein the second noble gas comprises argon. (See rejection below) 25. (ORIGINAL) The characterization system of claim 19, wherein the filter is formed from at least one of a CaF2 or sapphire filter. (See rejection below) 27. (ORIGINAL) The characterization system of claim 19, wherein the first noble gas comprises xenon, the second noble gas comprises argon, and the filter is formed from sapphire. 18. a filter tube positioned within the gas containment structure; 28. (ORIGINAL) The characterization system of claim 19, wherein filter comprises at least one of a sheet or tube. 29. The characterization system of claim 28, wherein the collection optical element comprises at least one of a mirror or a lens. 29. (ORIGINAL) The characterization system of claim 19, wherein the collection optical element comprises at least one of a mirror or lens. 30. The characterization system of claim 28, wherein the one or more downstream optical elements are formed from MgF.sub.2. 33. (ORIGINAL) The characterization system of claim 19, wherein the one or more downstream optical elements are formed from MgF2. 31. The characterization system of claim 28, wherein the one or more downstream optical elements comprise at least one of one of one or more transmissive optical elements or one or more reflective optical elements. 34. (ORIGINAL) The characterization system of claim 19, wherein the one or more downstream optical elements comprise at one of one or more transmissive optical elements or one or more reflective optical elements. 32. The characterization system of claim 31, wherein the one or more downstream optical elements comprise at least one of a window, a lens, or a mirror. 35. (ORIGINAL) The characterization system of claim 19, wherein the one or more downstream optical elements comprise at least one of a window, a lens, or a mirror. 35. A method of generating VUV broadband light comprising: containing a mixture of a first noble gas and a second noble gas within a gas containment structure; generating a reverse vortex flow pattern within a filter tube within the gas containment structure; 36. A method comprising: containing a mixture of a first noble gas and a second noble gas within a gas containment structure; Claims 20-25, and 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 28 of U.S. Patent No. 12452987, hereinafter referred to as Bezel, in view of Oh. Regarding claim 20, Oh teaches the characterization system of claim 19, wherein the absorption of broadband light at the first wavelength by the first noble gas protects the filter from degradation (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])) (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2), lithium fluoride (LiF.sub.2), crystalline quartz and sapphire (para. [0076])). The specifications of the present disclosure explain “By way of another example, in a second combination, the first noble gas may include xenon (e.g., xenon mixed with argon) and the filter 104 may include sapphire. In this case, sapphire bulk damage is reduced by the Xe 146.96 nm absorption line which coincides with the sapphire absorption edge, thereby protecting the sapphire filter tube from damage (para. [0027]).” Oh teaches the use of a xenon as a first noble gas and a filter (transparent portion 102) made of sapphire. Therefore, as evidenced by the specifications the first noble gas disclosed in Oh inherently possesses the quality of absorbing broadband light at the first wavelength such that the filter is protected from degradation. Bezel discloses the use of noble gases for forming a plasma which emits broadband radiation. Oh teaches using noble gases such as xenon to form a plasma which emits broadband radiation. Therefore, Oh teaches the substitution of any noble gas for xenon gas in a plasma cell produces the predictable result of generating broadband radiation. 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 device described in Bezel to include the teachings of Oh by using Xenon as a first noble gas. Xenon is known in the art as a suitable gas for forming plasma which emits broadband radiation. Regarding claim 21, Oh teaches the characterization system of claim 19, wherein a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). The specifications of the present disclosure explain “The addition of Xe blocks emission below about 132-136 nm and in the 144 to about 150-160 nm band depending on Xe partial pressure (para. [0027]).” Oh teaches the use of Xenon as a first noble gas. Therefore, as evidenced by the specifications, a transmission edge of the long-pass filtering is tunable via adjustment of a partial pressure of the first noble gas within the gas containment structure. Bezel discloses the use of noble gases for forming a plasma which emits broadband radiation. Oh teaches using noble gases such as xenon to form a plasma which emits broadband radiation. Therefore, Oh teaches the substitution of any noble gas for xenon gas in a plasma cell produces the predictable result of generating broadband radiation. 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 device described in Bezel to include the teachings of Oh by using Xenon as a first noble gas. Xenon is known in the art as a suitable gas for forming plasma which emits broadband radiation. Regarding claim 22, Oh teaches the characterization system of claim 19, wherein the transmission edge shifts to larger wavelength as the partial pressure of the first noble gas is increased (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). Bezel discloses the use of noble gases for forming a plasma which emits broadband radiation. Oh teaches using noble gases such as xenon to form a plasma which emits broadband radiation. Therefore, Oh teaches the substitution of any noble gas for xenon gas in a plasma cell produces the predictable result of generating broadband radiation when used in combination with a pumping laser. 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 device described in Bezel to include the teachings of Oh by using Xenon as a first noble gas. Xenon is known in the art as a suitable gas for forming plasma which emits broadband radiation. Regarding claim 23, Oh teaches the characterization system of claim 19, wherein the first noble gas comprises at least one of krypton or xenon (For example, gases suitable for implementation in the system 100 of the present disclosure may include, but are not limited, to… Ar:Xe (para. [0074])). Bezel discloses the use of noble gases for forming a plasma which emits broadband radiation. Oh explains “the plasma cell 101 may contain any selected gas (e.g., argon, xenon, mercury or the like) known in the art suitable for generating plasma upon absorption of suitable illumination (para. [0072]).” 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 device described in Bezel to include the teachings of Oh by using xenon as a first noble gas. Xenon is known in the art as a suitable gas for forming plasma which emits broadband radiation. Regarding claim 24, Oh teaches the characterization system of claim 19, wherein the second noble gas comprises argon (In another instance, the gas 108 may include a mixture of argon gas with an additional gas (para. [0073])). Bezel discloses the use of noble gases for forming a plasma which emits broadband radiation. Oh explains “the plasma cell 101 may contain any selected gas (e.g., argon, xenon, mercury or the like) known in the art suitable for generating plasma upon absorption of suitable illumination (para. [0072]).” 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 device described in Bezel to include the teachings of Oh by using argon as a first noble gas. Argon is known in the art as a suitable gas for forming plasma which emits broadband radiation. Regarding claim 25, Oh teaches the characterization system of claim 19, wherein the filter (transparent portion 102) is formed from at least one of a CaF2 or sapphire filter (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, calcium fluoride (CaF.sub.2), magnesium fluoride (MgF.sub.2), lithium fluoride (LiF.sub.2), crystalline quartz and sapphire (para. [0076])). 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 device described in Bezel to include the teachings of Oh by making the filter out of CaF2 or sapphire. Such materials are desirable for providing transparency to short-wavelength radiation (Oh; para. [0076]). Regarding claim 27, Oh teaches the characterization system of claim 19, wherein the first noble gas comprises xenon, the second noble gas comprises argon (For example, gases suitable for implementation in the system 100 of the present disclosure may include, … Ar:Xe (para. [0074])), and the filter is formed from sapphire (In other embodiments, the transparent portion 102 of plasma cell 101 may include, but is not limited to, … sapphire (para. [0076])). Bezel discloses the use of noble gases for forming a plasma which emits broadband radiation. Oh explains “the plasma cell 101 may contain any selected gas (e.g., argon, xenon, mercury or the like) known in the art suitable for generating plasma upon absorption of suitable illumination (para. [0072]).” 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 device described in Bezel to include the teachings of Oh by using xenon as a first noble gas. Xenon is known in the art as a suitable gas for forming plasma which emits broadband radiation. Bezel discloses the use of noble gases for forming a plasma which emits broadband radiation. Oh explains “the plasma cell 101 may contain any selected gas (e.g., argon, xenon, mercury or the like) known in the art suitable for generating plasma upon absorption of suitable illumination (para. [0072]).” 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 device described in Bezel to include the teachings of Oh by using argon as a first noble gas. Argon is known in the art as a suitable gas for forming plasma which emits broadband radiation. 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 device described in Bezel to include the teachings of Oh by making the filter out of sapphire. Sapphire is desirable for providing transparency to short-wavelength radiation (Oh; para. [0076]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICA J. EINHORN whose telephone number is (571)272-4641. The examiner can normally be reached Mon-Fri. 7:30am-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, Robert Kim can be reached at (571) 272-2293. 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. /MICA JILLIAN EINHORN/Examiner, Art Unit 2881 /ROBERT H KIM/Supervisory Patent Examiner, Art Unit 2881
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Prosecution Timeline

Feb 09, 2024
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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