DETAILED ACTION
Response to Arguments
Applicant’s arguments, see page 9, filed 2/18/2026, with respect to the claim interpretation of 35 USC 112(f) have been fully considered and are persuasive. The interpretation of 35 USC 112(f) has been withdrawn.
Applicant’s arguments, see pages 9-11, filed 2/18/2026, with respect to the rejection under 35 USC 102(a)(1) and 35 USC 103 in light of the amendments have been fully considered and are persuasive. The rejections of the claims has been withdrawn.
However, the double patenting rejection still stands, even in light of the current amendments.
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 1-23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4, 7-9, 11, and 14-18 of copending Application No. 18/588,756, (hereinafter ‘756). Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same or identical invention with the same limitations as shown in the table below.
Claims of the Instant Application
Claims of ‘756
1. A position detection apparatus comprising:
a visible light optical system configured to condense visible light, via a condensing lens, generated together with EUV light from plasma generated by condensing laser light onto a target with the condensing lens;
a position detection sensor configured to detect the visible light condensed by the condensing lens of the visible light optical system; and
a position detection processing unit comprising a control unit including processors is configured to detect a change in a position of the plasma on the target, from a change in a spot of the visible light detected by the position detection sensor.
1. A position detection apparatus comprising:
a first optical system configured to focus first light by a condenser lens, the first light being among light including the first light and second light generated along with EUV light from plasma generated by causing the condenser lens to focus laser light on a target,
2. The position detection apparatus according to claim 1, wherein the first light and the second light include at least one of EUV light, UV light, visible light, and IR light.
a first position detector configured to detect the first light focused by the first optical system,
a second optical system configured to focus the second light,
a second position detector configured to detect the second light focused by the second optical system, and
a position detection processing unit configured to detect change of a position of the plasma from change of a spot of the first light detected by the first position detector and change of the spot of the second light detected by the second position detector.
9. A position detection method comprising:
a step in which a visible light optical system condenses visible light with a condensing lens generated together with EUV light from plasma generated by condensing laser light onto a target with the condensing lens;
a step in which a position detection sensor detects the visible light condensed with the condensing lens of the visible light optical system; and
a step in which a position detection processing unit detects a change in a position of the plasma, from a change in a spot of the visible light detected by the position detection sensor.
8. A position detection method comprising:
a step of focusing, among light including first light and second light generated along with EUV light from plasma generated by causing a condenser lens to focus laser light on a target, the first light by a first optical system including the condenser lens;
9. The position detection method according to claim 8, wherein the first light and the second light include at least one of EUV light, UV light, visible light and IR light.
a step of detecting by a first position detector, the first light focused by the first optical system;
a step of focusing the second light by a second optical system;
a step of detecting by a second position detector, the second light focused by the second optical system; and
a step of detecting by a position detection processing unit, change of a position of the plasma from change of a spot of the first light detected by the first position detector and change of the spot of the second light detected by the second position detector.
17. A non-transitory computer-readable medium storing a position detection program that causes a computer to execute:
a step in which a visible light optical system condenses visible light with a condensing lens generated together with EUV light from plasma generated by condensing laser light onto a target with the condensing lens;
a step in which a position detection sensor detects the visible light condensed with the condensing lens of the visible light optical system; and
a step in which a position detection processing unit detects a change in a position of the plasma, from a change in a spot of the visible light detected by the position detection sensor.
15. A non-transitory computer-readable medium storing a position detection program for causing a computer to execute:
a step of focusing, among light including first light and second light generated along with EUV light from plasma generated by causing a condenser lens to focus laser light on a target, the first light by a first optical system including the condenser lens;
16. The non-transitory computer-readable medium storing the position detection program according to claim 15, wherein the first light and the second light include at least one of EUV light, UV light, visible light, or IR light.
a step of detecting by a first position detector, the first light focused by the first optical system;
a step of focusing the second light by a second optical system;
a step of detecting by a second position detector, the second light focused by the second optical system; and
a step of detecting by a position detection processing unit, change of a position of the plasma from change of a spot of the first light detected by the first position detector and change of the spot of the second light detected by the second position detector.
21. The position detection apparatus according to claim 1, wherein the visible light optical system further includes a lens condensing the visible light onto the position detection sensor.
1. A position detection apparatus comprising:
a first optical system configured to focus first light by a condenser lens, the first light being among light including the first light and second light generated along with EUV light from plasma generated by causing the condenser lens to focus laser light on a target,
a first position detector configured to detect the first light focused by the first optical system,
22. The position detection method according to claim 9, wherein the step in which the visible light optical system condenses visible light with the condensing lens includes the visible light onto the position detection sensor by a lens in the visible light optical system.
8. A position detection method comprising:
a step of focusing, among light including first light and second light generated along with EUV light from plasma generated by causing a condenser lens to focus laser light on a target, the first light by a first optical system including the condenser lens;
a step of detecting by a first position detector, the first light focused by the first optical system;
23. The non-transitory computer-readable medium storing a position detection program according to claim 17, wherein the setp in which the visible light optical system condenses visible light with the condensing lens includes condensing the visible light onto the position detection sensor by a lens in the visible light optical system.
15. A non-transitory computer-readable medium storing a position detection program for causing a computer to execute:
a step of focusing, among light including first light and second light generated along with EUV light from plasma generated by causing a condenser lens to focus laser light on a target, the first light by a first optical system including the condenser lens;
a step of detecting by a first position detector, the first light focused by the first optical system;
As shown in the mapping above, claims 1-2, 8-9, and 15-17 of ‘756 include all the limitations of claims 1, 9, 17, 18, and 21-23 of the instant application while also reciting further limitations.
Claims 2, 4, 10, 12, 18, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4, 7, 11, 14, and 17-18 of copending Application ‘756 (cited above) in view of Amamiya (JP 2007/142361, provided in IDS filed 5/6/2024).
Regarding claim 2, all the claimed limitations of the instant application are recited in claim 7 of ‘756 while also reciting further limitations.
Claim 7 of ‘756 fails to disclose the EUV light contains visible light.
Amamiya discloses a conversion unit 120 which converts a wavelength of the EUV light into visible light (see paragraph [0027]).
Amamiya modifies ‘756 by suggesting providing a conversion unit.
Since both inventions are drawn to position detection devices using EUV light, it would have been obvious to the ordinary artisan before the effective filing date to modify ‘756 by providing a conversion unit which converts a wavelength of the EUV light into visible light for the purpose of having more techniques available to detect the radiation (e.g. photosensitive detectors, cameras, etc.).
Regarding claim 4, all the claimed limitations of the instant application are recited in claim 4 of ‘756 while also reciting further limitations.
Claim 4 of ‘756 fails to disclose the EUV light contains visible light.
Amamiya discloses a conversion unit 120 which converts a wavelength of the EUV light into visible light (see paragraph [0027]).
Amamiya modifies ‘756 by suggesting providing a conversion unit.
Since both inventions are drawn to position detection devices using EUV light, it would have been obvious to the ordinary artisan before the effective filing date to modify ‘756 by providing a conversion unit which converts a wavelength of the EUV light into visible light for the purpose of having more techniques available to detect the radiation (e.g. photosensitive detectors, cameras, etc.).
Regarding claim 10, all the claimed limitations of the instant application are recited in claim 14 of ‘756 while also reciting further limitations.
Claim 14 of ‘756 fails to disclose the EUV light contains visible light.
Amamiya discloses a conversion unit 120 which converts a wavelength of the EUV light into visible light (see paragraph [0027]).
Amamiya modifies ‘756 by suggesting providing a conversion unit.
Since both inventions are drawn to position detection devices using EUV light, it would have been obvious to the ordinary artisan before the effective filing date to modify ‘756 by providing a conversion unit which converts a wavelength of the EUV light into visible light for the purpose of having more techniques available to detect the radiation (e.g. photosensitive detectors, cameras, etc.).
Regarding claim 12, all the claimed limitations of the instant application are recited in claim 11 of ‘756 while also reciting further limitations.
Claim 11 of ‘756 fails to disclose the EUV light contains visible light.
Amamiya discloses a conversion unit 120 which converts a wavelength of the EUV light into visible light (see paragraph [0027]).
Amamiya modifies ‘756 by suggesting providing a conversion unit.
Since both inventions are drawn to position detection devices using EUV light, it would have been obvious to the ordinary artisan before the effective filing date to modify ‘756 by providing a conversion unit which converts a wavelength of the EUV light into visible light for the purpose of having more techniques available to detect the radiation (e.g. photosensitive detectors, cameras, etc.).
Regarding claim 18, all the claimed limitations of the instant application are recited in claim 17 of ‘756 while also reciting further limitations.
Claim 17 of ‘756 fails to disclose the EUV light contains visible light.
Amamiya discloses a conversion unit 120 which converts a wavelength of the EUV light into visible light (see paragraph [0027]).
Amamiya modifies ‘756 by suggesting providing a conversion unit.
Since both inventions are drawn to position detection devices using EUV light, it would have been obvious to the ordinary artisan before the effective filing date to modify ‘756 by providing a conversion unit which converts a wavelength of the EUV light into visible light for the purpose of having more techniques available to detect the radiation (e.g. photosensitive detectors, cameras, etc.).
Regarding claim 20, all the claimed limitations of the instant application are recited in claim 18 of ‘756 while also reciting further limitations.
Claim 18 of ‘756 fails to disclose the EUV light contains visible light.
Amamiya discloses a conversion unit 120 which converts a wavelength of the EUV light into visible light (see paragraph [0027]).
Amamiya modifies ‘756 by suggesting providing a conversion unit.
Since both inventions are drawn to position detection devices using EUV light, it would have been obvious to the ordinary artisan before the effective filing date to modify ‘756 by providing a conversion unit which converts a wavelength of the EUV light into visible light for the purpose of having more techniques available to detect the radiation (e.g. photosensitive detectors, cameras, etc.).
The various dependent claims are merely obvious variants
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANWAY CHANG whose telephone number is (571)270-5766. The examiner can normally be reached Monday - Friday 7:30 AM - 4:00 PM EST.
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, Georgia Epps can be reached at (571) 272-2328. 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.
Hanway Chang
/HC/ Examiner, Art Unit 2878
/GEORGIA Y EPPS/ Supervisory Patent Examiner, Art Unit 2878
Prosecution Insights