DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status
Acknowledgment is made of the amendment filed on 10/15/2025, which amended claims 12, 13, 14, and 18 and cancelled claims 15 and 19. Acknowledgment is made of the supplemental amendment filed on 10/20/2025, which amended claim 13. Claims 12-14 and 16-18 are currently pending.
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: “a detection unit” in lines 5-6 of claim 12; “an optical system” in line 8 of claim 12; “a wavelength variable unit” in lines 9-11 of claim 12; “a detection unit” in lines 9-10 in claim 13; “an optical system” in line 12 of claim 13; “a wavelength variable unit” in lines 13-15 in claim 13; “a detection unit” in lines 12-13 in claim 14; “an optical system” in line 15 in claim 14; “a wavelength variable unit” in lines 16-18 in claim 14; “a moving unit” in lines 2-4 in claim 16.
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.
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 12, 16, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 11,841,623 in view of Hill (US PGPub 2018/0052099, Hill hereinafter).
Regarding claim 12, claim 9 of patent 623 recites a measurement apparatus configured to measure a position of a pattern (claim 8, col. 25, lines 27-29), the measurement apparatus comprising:
an illumination apparatus including (claim 8, col. 25, lines 27-32):
an optical system configured to guide light from a light source (claim 8, col. 25, lines 30-31); and
a wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system (claim 8, col. 25, lines 32-42),
wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis (claim 8, col. 25, lines 43-53),
wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis (claim 9, col. 25, lines 55-58), and
wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis (claim 9, col. 25, lines 59-67). Patent 623 does not appear to explicitly recite an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus.
Hill discloses a measurement apparatus configured to measure a position of a pattern (Figs. 1, 2, 5, 8, 9, paras. [0032], [0034], [0069], [0083]-[0091]), the measurement apparatus comprising:
an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source (Figs. 1, 2, 5, 8, 9, paras. [0034], [0082]-[0091], illumination source 100 provides wavelength tunable illumination beams from an illumination source 102); and
a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus (Figs. 1, 2, 5, 8, 9, paras. [0032], [0034], [0069], [0083]-[0091], the metrology system includes a collection pathway 812 and detector 814 or detectors 910a,b to detect the radiation scattered or diffracted from the metrology target on the sample 806, 906 illuminated by the illumination beams emitted by the illumination source 100 of the metrology system),
the illumination apparatus (Figs. 1, 2, 5, 8, 9, paras. [0034], [0082]-[0091]) including:
an optical system configured to guide light from the light source (Figs. 1, 2, 5, paras. [0034], [0036], [0069], broadband illumination source 102 emits illumination incident upon beamsplitter 119 and intensity modulators 110. The illumination is then tuned using tunable filters 112); and
a wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system (Figs. 1, 2, 5, 6, 8, 9, paras. [0027], [0036], [0054], [0056]-[0058], [0069]-[0070], tunable filters 112 control the spectral content of the beam using tunable filters moved on linear stages 604, 608, 612, 616 under control of a controller 114 in a linear direction perpendicular to the optical axis).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus as taught by Hill in the measurement apparatus as recited by patent 623 since including an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus, so that the spectrum of the light from the optical system changes is commonly used to condition the illumination as desired and provide dynamically tunable illumination with improved spectral selection and tuning speed (Hill, paras. [0003]-[0007], [0027], [0028]) and to perform metrology inspection of targets formed on a substrate (Hill, paras. [0083], [0088]-[0091]).
Regarding claim 16, claim 9 of patent 623 as modified by Hill recites further comprising a moving unit configured to move the wavelength variable unit in the direction along the axis to change the light incidence position within the plane of the incident surface (Hill, Fig. 6, para. [0070], the linear stages 604, 608, 612, 616 move the filters 112 in directions perpendicular to the optical axis to change the light incident position).
Regarding claim 17, claim 9 of patent 623 as modified by Hill recites wherein the moving unit is configured to move the first wavelength variable unit in a direction in which a beam diameter of the light from the optical system is minimized at the incident surface (Hill, Fig. 5, paras. [0027], [0069], rotation stages 504, 508, 512, 516 move the filters to tilt angles, thus minimizing the surface at which the beam diameter is incident).
Claims 13-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 11,841,623 in view of Cramer et al. (US PGPub 2020/0192231, Cramer hereinafter).
Regarding claim 13, claim 9 of patent 623 recites a measurement apparatus configured to measure a position of a pattern (claim 8, col. 25, lines 27-29), the measurement apparatus comprising:
an illumination apparatus including (claim 8, col. 25, lines 27-32):
an optical system configured to guide light from a light source (claim 8, col. 25, lines 30-31); and
a wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system (claim 8, col. 25, lines 32-42),
wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis (claim 8, col. 25, lines 43-53),
wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis (claim 9, col. 25, lines 55-58), and
wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis (claim 9, col. 25, lines 59-67). Patent 623 does not appear to explicitly recite a substrate processing apparatus configured to process a substrate on which a pattern is formed, the substrate processing apparatus comprising, the measuring apparatus including an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus.
Cramer discloses a substrate processing apparatus configured to process a substrate on which a pattern is formed, the substrate processing apparatus comprising a measurement apparatus configured to measure a position of the pattern and being configured to process the substrate aligned based on the position of the pattern measured by the measurement apparatus (Figs. 1, 2, 5, 6, paras. [0022]-[0041], [0050], [0051], the lithographic apparatus 200 forms a pattern on a substrate, and the apparatus includes a measurement station 202 to measure the position of marks on the substrate, metrology apparatus 240, 207 measure overlay errors between layers on the substrate, and results of measurements are used to process the wafer), the measurement apparatus including:
an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source (Figs. 2, 5-6, 8, paras. [0047], [0050]-[0053], the illumination system 120 includes a radiation source 11 and a band pass filter 112 to change the spectrum of illumination); and
a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus (Figs. 2, 5-6, 8, paras. [0036]-[0038], sensors 19 and 23 detect light from the target on substrate W);
a wavelength variable unit configured to change a spectrum of irradiating light (Figs. 5-6, 8, paras. [0047], [0052]-[0053], the illumination system includes a band pass filter 112 to change the spectrum of illumination)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included substrate processing apparatus configured to process a substrate on which a pattern is formed, the substrate processing apparatus comprising, the measuring apparatus including an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus as taught by Cramer with the measurement apparatus as recited by patent 623 since including substrate processing apparatus configured to process a substrate on which a pattern is formed, the substrate processing apparatus comprising, the measuring apparatus including an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus is commonly used to improve measurements of parameters to improve process control and verification (Cramer, paras. [0002], [0004]).
Regarding claim 14, claim 9 of patent 623 recites a measurement apparatus configured to measure a position of a pattern (claim 8, col. 25, lines 27-29), the measurement apparatus comprising:
an illumination apparatus including (claim 8, col. 25, lines 27-32):
an optical system configured to guide light from a light source (claim 8, col. 25, lines 30-31); and
a wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system (claim 8, col. 25, lines 32-42),
wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis (claim 8, col. 25, lines 43-53),
wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis (claim 9, col. 25, lines 55-58), and
wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis (claim 9, col. 25, lines 59-67). Patent 623 does not appear to recite a method for manufacturing an article, the method comprising: processing a substrate using a substrate processing apparatus configured to process the substrate on which a pattern is formed; manufacturing the article from the processed substrate, wherein the substrate process apparatus includes the measuring apparatus, wherein the measurement apparatus includes an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; and a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus.
Cramer discloses a method for manufacturing an article (Figs. 1, 2, 5, 6, paras. [0022]-[0041], [0050], [0051]), the method comprising:
processing a substrate using a substrate processing apparatus configured to process a substrate on which a pattern is formed (Figs. 1, 2, 5, 6, paras. [0022]-[0041], [0050], [0051], a substrate is processed to form a pattern on the substrate in a lithography apparatus 200); and
manufacturing the article from the processed substrate (Figs. 1, 2, 5, 6, paras. [0022]-[0041], the exposed substrate is further developed and further semiconductor processes are applied to manufacture semiconductor devices),
wherein the substrate processing apparatus includes a measurement apparatus configured to measure a position of the pattern and is configured to process the substrate aligned based on the position of the pattern measured by the measurement apparatus (Figs. 1, 2, 5, 6, paras. [0022]-[0041], [0050], [0051], the lithographic apparatus 200 forms a pattern on a substrate, and the apparatus includes a measurement station 202 to measure the position of marks on the substrate, metrology apparatus 240, 207 measure overlay errors between layers on the substrate, and results of measurements are used to process the wafer), wherein the measurement apparatus includes
an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source (Figs. 2, 5-6, 8, paras. [0047], [0050]-[0053], the illumination system 120 includes a radiation source 11 and a band pass filter 112 to change the spectrum of illumination); and
a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus (Figs. 2, 5-6, 8, paras. [0036]-[0038], sensors 19 and 23 detect light from the target on substrate W), the illumination apparatus including
a wavelength variable unit configured to change a spectrum of irradiating light (Figs. 5-6, 8, paras. [0047], [0052]-[0053], the illumination system includes a band pass filter 112 to change the spectrum of illumination).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a method for manufacturing an article, the method comprising: processing a substrate using a substrate processing apparatus configured to process the substrate on which a pattern is formed; manufacturing the article from the processed substrate, wherein the substrate process apparatus includes the measuring apparatus, wherein the measurement apparatus includes an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; and a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus as taught by Cramer using the measurement apparatus as recited by patent 623 since including a method for manufacturing an article, the method comprising: processing a substrate using a substrate processing apparatus configured to process the substrate on which a pattern is formed; manufacturing the article from the processed substrate, wherein the substrate process apparatus includes the measuring apparatus, wherein the measurement apparatus includes an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source; and a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus is commonly used to improve measurements of parameters to improve process control and verification (Cramer, paras. [0002], [0004]).
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 11,841,623 in view of Hill and further in view of Sasaki et al. (JP2012-037834, Sasaki hereinafter; English translation included with 10/17/2023 IDS).
Regarding claim 18, patent 623 as modified by Hill does not appear to explicitly recite wherein the wavelength variable unit is located at a position at which the light from the optical system is focused.
Sasaki discloses wherein the wavelength variable unit is located at a position at which the light from the optical system is focused (Figs. 11 and 13, pages 8-9, “Second Embodiment,” the second diffraction grating 66 is located at the focus position of the second condenser lens 65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the wavelength variable unit is located at a position at which the light from the optical system is focused as taught by Sasaki in the measurement apparatus as recited by patent 623 as modified by Hill since including wherein the wavelength variable unit is located at a position at which the light from the optical system is focused is commonly used to control the spatial extent of the illumination light as desired to control the wavelength of the illumination (Sasaki, pages 8-10, “Second Embodiment”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 12 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hill (US PGPub 2018/0052099, Hill hereinafter) in view of Erdogan (US PGPub 2011/0267678, Erdogan hereinafter).
Regarding claim 12, Hill discloses a measurement apparatus configured to measure a position of a pattern (Figs. 1, 2, 5, 8, 9, paras. [0032], [0034], [0069], [0083]-[0091]), the measurement apparatus comprising:
an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source (Figs. 1, 2, 5, 8, 9, paras. [0034], [0082]-[0091], illumination source 100 provides wavelength tunable illumination beams from an illumination source 102); and
a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus (Figs. 1, 2, 5, 8, 9, paras. [0032], [0034], [0069], [0083]-[0091], the metrology system includes a collection pathway 812 and detector 814 or detectors 910a,b to detect the radiation scattered or diffracted from the metrology target on the sample 806, 906 illuminated by the illumination beams emitted by the illumination source 100 of the metrology system),
the illumination apparatus (Figs. 1, 2, 5, 8, 9, paras. [0034], [0082]-[0091]) including:
an optical system configured to guide light from the light source (Figs. 1, 2, 5, paras. [0034], [0036], [0069], broadband illumination source 102 emits illumination incident upon beamsplitter 119 and intensity modulators 110. The illumination is then tuned using tunable filters 112); and
a wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system (Figs. 1, 2, 5, 6, 8, 9, paras. [0027], [0036], [0054], [0056]-[0058], [0069]-[0070], tunable filters 112 control the spectral content of the beam using tunable filters moved on linear stages 604, 608, 612, 616 under control of a controller 114 in a linear direction perpendicular to the optical axis).
Hill does not appear to explicitly describe wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis, wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis, and
wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis.
Erdogan discloses a wavelength variable unit configured to change a spectrum of light from an optical system by moving in a direction along an axis perpendicular to an optical axis (Figs. 1-13, paras. [0053]-[0058], [0060]-[0065], [0068]-[0069], [0086]-[0091], rotational actuator 12 moves the filters along axis A, which is in a direction perpendicular to the optical path. The filters each selectively transmit different wavelengths, and the movement of the filters with respect to the optical path to spectrally filter the illumination is such that one of ordinary skill in the art would recognize the interchangeability of the disclosed spectral filter apparatus for the corresponding element in the instant specification since the spectral filter apparatus performs the claimed function in substantially the same way as claimed and produces substantially the same result as the disclosed corresponding element. See MPEP 2183),
wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted is incident is tilted in a rotation direction around the axis (Figs. 2-13, paras. [0060], [0062]-[0065], [0068]-[0069], [0086]-[0091], the filter support 30 is rotatable about axis of rotation A such the spectral filters are tilted with respect to the incident light from light path 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis as taught by Erdogan as the orientation of the wavelength variable unit in the illumination apparatus as taught by Hill since including wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis is commonly used to provide quickly adjustable spectral filtering in compact spaces (Erdogan, paras. [0015]-[0023], [0034], [0065]).
Although Hill as modified by Erdogan discloses the general conditions of wherein the first wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis (Erdogan, Figs. 1-5, 11-13, paras. [0057], [0063]-[0065], [0068], [0071], [0091], the tunable filters are oriented so that the incident surface is tilted by a tilt angle from a range of incident of angles from 0 to 60 degrees), wherein tan(2α) = r/d, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the first optical axis (Hill, Fig. 6, para. [0070], radius of the optical system divided by the distance between the filter and the intensity modulator 110, and as modified by Erdogan, Figs. 1-5, 11-13, paras. [0057], [0063]-[0065], [0068], [0071], [0091], the angle of the tunable filter is arranged such that the tangent of the tilt angle is the radius of the optical system divided by the distance in the illumination apparatus of the combination). Hill as modified by Erdogan does not appear to explicitly describe α ≤θ≤6α is satisfied. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized tilt angle of the incident surface of the first wavelength variable unit with respect to the plane within the illumination apparatus of Hill as modified by Erdogan to have obtained the condition α ≤θ≤6α is satisfied using the structural parameters of the illumination apparatus of Hill as modified by Erdogan since obtaining α ≤θ≤6α is satisfied would have only required routine skill in the art to have determined the angles for the tilt angle of the first wavelength variable unit to improve spectral selection and intensity for the illumination beam area incident to the wavelength variable unit (Hill, para. [0003]) while minimizing damage to the illumination apparatus owing to temperature increase from the incidence of the illumination intensity on the surfaces of the illumination apparatus. "[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 16, Hill as modified by Erdogan discloses further comprising a moving unit configured to move the wavelength variable unit in the direction along the axis to change the light incidence position within the plane of the incident surface (Hill, Fig. 6, para. [0070], the linear stages 604, 608, 612, 616 move the filters 112 in directions perpendicular to the optical axis to change the light incident position, and as modified by Erdogan, Figs. 1-5, 11-13, paras. [0053], [0058], [0060]-[0065], [0068]-[0069], [0086]-[0091], rotational actuator 12 and/or vertical stage 22 moves the filters in a direction perpendicular to the optical path along axis A).
Regarding claim 17, Hill as modified by Erdogan discloses wherein the moving unit is configured to move the first wavelength variable unit in a direction in which a beam diameter of the light from the optical system is minimized at the incident surface (Hill, Fig. 5, paras. [0027], [0069], rotation stages 504, 508, 512, 516 move the filters to tilt angles, thus minimizing the surface at which the beam diameter is incident and as modified by Erdogan, Figs. 1-13, paras. [0053], [0058], [0060]-[0065], [0068]-[0069], [0071], [0086]-[0091], rotational actuator 12 rotates the filters such that the surface at which the beam diameter is incident is minimized).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cramer et al. (US PGPub 2020/0192231, Cramer hereinafter) as modified by Hill in view of Erdogan.
Regarding claim 13, Cramer discloses a substrate processing apparatus configured to process a substrate on which a pattern is formed, the substrate processing apparatus comprising a measurement apparatus configured to measure a position of the pattern and being configured to process the substrate aligned based on the position of the pattern measured by the measurement apparatus (Figs. 1, 2, 5, 6, paras. [0022]-[0041], [0050], [0051], the lithographic apparatus 200 forms a pattern on a substrate, and the apparatus includes a measurement station 202 to measure the position of marks on the substrate, metrology apparatus 240, 207 measure overlay errors between layers on the substrate, and results of measurements are used to process the wafer), the measurement apparatus including:
an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source (Figs. 2, 5-6, 8, paras. [0047], [0050]-[0053], the illumination system 120 includes a radiation source 11 and a band pass filter 112 to change the spectrum of illumination); and
a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus (Figs. 2, 5-6, 8, paras. [0036]-[0038], sensors 19 and 23 detect light from the target on substrate W),
the illumination apparatus including:
a wavelength variable unit configured to change a spectrum of irradiating light (Figs. 5-6, 8, paras. [0047], [0052]-[0053], the illumination system includes a band pass filter 112 to change the spectrum of illumination). However, Cramer does not appear to explicitly describe an optical system configured to guide light from the light source, the wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system, wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis, wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis, and wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis.
Hill discloses the illumination apparatus (Figs. 1, 2, 5, 8, 9, paras. [0034], [0082]-[0091]) including:
an optical system configured to guide light from the light source (Figs. 1, 2, 5, paras. [0034], [0036], [0069], broadband illumination source 102 emits illumination incident upon beamsplitter 119 and intensity modulators 110. The illumination is then tuned using tunable filters 112); and
a wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system (Figs. 1, 2, 5, 6, 8, 9, paras. [0027], [0036], [0054], [0056]-[0058], [0069]-[0070], tunable filters 112 control the spectral content of the beam using tunable filters moved on linear stages 604, 608, 612, 616 under control of a controller 114 in a linear direction perpendicular to the optical axis).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included an optical system configured to guide light from the light source, the wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system as taught by Hill in the illumination system in the substrate processing apparatus as taught by Cramer since including an optical system configured to guide light from the light source, the wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system is commonly used to condition the illumination as desired and provide dynamically tunable illumination with improved spectral selection and tuning speed (Hill, paras. [0003]-[0007], [0027], [0028]) to produce measurement illumination for accurate substrate metrology.
Cramer as modified by Hill does not appear to explicitly describe wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis, wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis, and wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis.
Erdogan discloses a wavelength variable unit configured to change a spectrum of light from an optical system by moving in a direction along an axis perpendicular to an optical axis (Figs. 1-13, paras. [0053]-[0058], [0060]-[0065], [0068]-[0069], [0086]-[0091], rotational actuator 12 moves the filters along axis A, which is in a direction perpendicular to the optical path. The filters each selectively transmit different wavelengths, and the movement of the filters with respect to the optical path to spectrally filter the illumination is such that one of ordinary skill in the art would recognize the interchangeability of the disclosed spectral filter apparatus for the corresponding element in the instant specification since the spectral filter apparatus performs the claimed function in substantially the same way as claimed and produces substantially the same result as the disclosed corresponding element. See MPEP 2183),
wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted is incident is tilted in a rotation direction around the axis (Figs. 2-13, paras. [0060], [0062]-[0065], [0068]-[0069], [0086]-[0091], the filter support 30 is rotatable about axis of rotation A such the spectral filters are tilted with respect to the incident light from light path 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis as taught by Erdogan as the direction of movement and orientation of the wavelength variable unit in the illumination apparatus in the substrate processing apparatus as taught by Cramer as modified by Hill since including wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis is commonly used to provide quickly adjustable spectral filtering in compact spaces (Erdogan, paras. [0015]-[0023], [0034], [0065]).
Although Cramer as modified by Hill as modified by Erdogan discloses the general conditions of wherein the first wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis (Erdogan, Figs. 1-5, 11-13, paras. [0057], [0063]-[0065], [0068], [0071], [0091], the tunable filters are oriented so that the incident surface is tilted by a tilt angle from a range of incident of angles from 0 to 60 degrees), wherein tan(2α) = r/d, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the first optical axis (Hill, Fig. 6, para. [0070], radius of the optical system divided by the distance between the filter and the intensity modulator 110, and as modified by Erdogan, Figs. 1-5, 11-13, paras. [0057], [0063]-[0065], [0068], [0071], [0091], the angle of the tunable filter is arranged such that the tangent of the tilt angle is the radius of the optical system divided by the distance in the illumination apparatus of the combination). Hill as modified by Erdogan does not appear to explicitly describe α ≤θ≤6α is satisfied. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized tilt angle of the incident surface of the first wavelength variable unit with respect to the plane within the illumination apparatus in the substrate processing apparatus of Cramer as modified by Hill as modified by Erdogan to have obtained the condition α ≤θ≤6α is satisfied using the structural parameters of the illumination apparatus of Cramer as modified by Hill as modified by Erdogan since obtaining α ≤θ≤6α is satisfied would have only required routine skill in the art to have determined the angles for the tilt angle of the first wavelength variable unit to improve spectral selection and intensity for the illumination beam area incident to the wavelength variable unit (Hill, para. [0003]) while minimizing damage to the illumination apparatus owing to temperature increase from the incidence of the illumination intensity on the surfaces of the illumination apparatus. "[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 14, Cramer discloses a method for manufacturing an article (Figs. 1, 2, 5, 6, paras. [0022]-[0041], [0050], [0051]), the method comprising:
processing a substrate using a substrate processing apparatus configured to process the substrate on which a pattern is formed (Figs. 1, 2, 5, 6, paras. [0022]-[0041], [0050], [0051], a substrate is processed to form a pattern on the substrate in a lithography apparatus 200); and
manufacturing the article from the processed substrate (Figs. 1, 2, 5, 6, paras. [0022]-[0041], the exposed substrate is further developed and further semiconductor processes are applied to manufacture semiconductor devices),
wherein the substrate processing apparatus includes a measurement apparatus configured to measure a position of the pattern and is configured to process the substrate aligned based on the position of the pattern measured by the measurement apparatus (Figs. 1, 2, 5, 6, paras. [0022]-[0041], [0050], [0051], the lithographic apparatus 200 forms a pattern on a substrate, and the apparatus includes a measurement station 202 to measure the position of marks on the substrate, metrology apparatus 240, 207 measure overlay errors between layers on the substrate, and results of measurements are used to process the wafer), wherein the measurement apparatus includes
an illumination apparatus configured to provide illumination while changing a spectrum of light from a light source (Figs. 2, 5-6, 8, paras. [0047], [0050]-[0053], the illumination system 120 includes a radiation source 11 and a band pass filter 112 to change the spectrum of illumination); and
a detection unit configured to detect light from the pattern illuminated with the light from the illumination apparatus (Figs. 2, 5-6, 8, paras. [0036]-[0038], sensors 19 and 23 detect light from the target on substrate W), the illumination apparatus including
a wavelength variable unit configured to change a spectrum of irradiating light (Figs. 5-6, 8, paras. [0047], [0052]-[0053], the illumination system includes a band pass filter 112 to change the spectrum of illumination). Cramer does not appear to explicitly describe an optical system configured to guide light from the light source; the wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system, wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis, wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis, and wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis.
Hill discloses the illumination apparatus (Figs. 1, 2, 5, 8, 9, paras. [0034], [0082]-[0091]) including:
an optical system configured to guide light from the light source (Figs. 1, 2, 5, paras. [0034], [0036], [0069], broadband illumination source 102 emits illumination incident upon beamsplitter 119 and intensity modulators 110. The illumination is then tuned using tunable filters 112); and
a wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system (Figs. 1, 2, 5, 6, 8, 9, paras. [0027], [0036], [0054], [0056]-[0058], [0069]-[0070], tunable filters 112 control the spectral content of the beam using tunable filters moved on linear stages 604, 608, 612, 616 under control of a controller 114 in a linear direction perpendicular to the optical axis).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included an optical system configured to guide light from the light source; the wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system as taught by Hill in the illumination system in the substrate processing apparatus in the method as taught by Cramer since including an optical system configured to guide light from the light source; the wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system is commonly used to condition the illumination as desired and provide dynamically tunable illumination with improved spectral selection and tuning speed (Hill, paras. [0003]-[0007], [0027], [0028]) to produce measurement illumination for accurate substrate metrology.
Cramer as modified by Hill does not appear to explicitly describe wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis, wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis, and wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis.
Erdogan discloses a wavelength variable unit configured to change a spectrum of light from an optical system by moving in a direction along an axis perpendicular to an optical axis (Figs. 1-13, paras. [0053]-[0058], [0060]-[0065], [0068]-[0069], [0086]-[0091], rotational actuator 12 moves the filters along axis A, which is in a direction perpendicular to the optical path. The filters each selectively transmit different wavelengths, and the movement of the filters with respect to the optical path to spectrally filter the illumination is such that one of ordinary skill in the art would recognize the interchangeability of the disclosed spectral filter apparatus for the corresponding element in the instant specification since the spectral filter apparatus performs the claimed function in substantially the same way as claimed and produces substantially the same result as the disclosed corresponding element. See MPEP 2183),
wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted is incident is tilted in a rotation direction around the axis (Figs. 2-13, paras. [0060], [0062]-[0065], [0068]-[0069], [0086]-[0091], the filter support 30 is rotatable about axis of rotation A such the spectral filters are tilted with respect to the incident light from light path 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis as taught by Erdogan as the direction of movement and orientation of the wavelength variable unit in the illumination apparatus in the substrate processing apparatus in the method as taught by Cramer as modified by Hill since including wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis is commonly used to provide quickly adjustable spectral filtering in compact spaces (Erdogan, paras. [0015]-[0023], [0034], [0065]).
Although Cramer as modified by Hill as modified by Erdogan discloses the general conditions of wherein the first wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis (Erdogan, Figs. 1-5, 11-13, paras. [0057], [0063]-[0065], [0068], [0071], [0091], the tunable filters are oriented so that the incident surface is tilted by a tilt angle from a range of incident of angles from 0 to 60 degrees), wherein tan(2α) = r/d, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the first optical axis (Hill, Fig. 6, para. [0070], radius of the optical system divided by the distance between the filter and the intensity modulator 110, and as modified by Erdogan, Figs. 1-5, 11-13, paras. [0057], [0063]-[0065], [0068], [0071], [0091], the angle of the tunable filter is arranged such that the tangent of the tilt angle is the radius of the optical system divided by the distance in the illumination apparatus of the combination). Hill as modified by Erdogan does not appear to explicitly describe α ≤θ≤6α is satisfied. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized tilt angle of the incident surface of the first wavelength variable unit with respect to the plane within the illumination apparatus in the substrate processing apparatus in the method of Cramer as modified by Hill as modified by Erdogan to have obtained the condition α ≤θ≤6α is satisfied using the structural parameters of the illumination apparatus of Cramer as modified by Hill as modified by Erdogan since obtaining α ≤θ≤6α is satisfied would have only required routine skill in the art to have determined the angles for the tilt angle of the first wavelength variable unit to improve spectral selection and intensity for the illumination beam area incident to the wavelength variable unit (Hill, para. [0003]) while minimizing damage to the illumination apparatus owing to temperature increase from the incidence of the illumination intensity on the surfaces of the illumination apparatus. "[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).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hill as modified Erdogan as applied to claim 12 above, and further in view of Sasaki et al. (JP2012-037834, Sasaki hereinafter; English translation included with 10/17/2023 IDS).
Regarding claim 18, Hill as modified by Erdogan does not appear to explicitly describe wherein the wavelength variable unit is located at a position at which the light from the optical system is focused.
Sasaki discloses wherein the wavelength variable unit is located at a position at which the light from the optical system is focused (Figs. 11 and 13, pages 8-9, “Second Embodiment,” the second diffraction grating 66 is located at the focus position of the second condenser lens 65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the wavelength variable unit is located at a position at which the light from the optical system is focused as taught by Sasaki in the measurement apparatus as taught by Hill as modified by Erdogan since including wherein the wavelength variable unit is located at a position at which the light from the optical system is focused is commonly used to control the spatial extent of the illumination light as desired to control the wavelength of the illumination (Sasaki, pages 8-10, “Second Embodiment”).
Response to Arguments
Applicant’s arguments, see page 6, filed 10/15/2025, with respect to the objection to claims 14 and 18 have been fully considered and are persuasive in light of the amendments to claims 14 and 18. The objections to claims 14 and 18 have been withdrawn.
Applicant’s arguments, see page 6, filed 10/20/2025, with respect to the objection to claim 13 have been fully considered and are persuasive in light of the amendment to claim 13. The claim 13 objection has been withdrawn.
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
Applicant traverses the double patenting rejections and argues on pages 6-7 that the instant claims include features different from those claimed by US Patent No. 11,841,623, which recites an arrangement of two filters. The examiner respectfully disagrees. “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 MPEP 804, subsection IIB. In this instance, the claims of the instant application recite the transitional term “comprising” and do not exclude additional elements or steps and are obvious over the claims of US Patent 11,841,623 in view of Hill (US PGPub 2018/0052099, Hill hereinafter) as set forth above. Applicant’s arguments on this point have been fully considered, but they are not persuasive.
Applicant argues on pages 7-12 that Hill as modified by Erdogan fails to teach or suggest “wherein the wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis, and wherein tan(2α) = r/d, and α< θ <6α are satisfied, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the optical axis.” The Applicant argues that Erdogan’s disclosure of the transmission wavelength adjusted by changing the tilt angle of the filter “is different from the physical mechanism of the claimed invention, according to which the spectrum changes by changing the incidence position of light.” The Applicant alleges the claimed invention “produces an advantageous effect of making it possible to suppress degradation in the performance and durability of a light source. Moreover, since the wavelength variable unit is disposed so that the incident surface of the wavelength variable unit is tilted in a rotation direction around an axis along the direction of movement of the wavelength variable unit, the claimed invention produces an advantageous effect of suppressing a change in the wavelength characteristics of the wavelength variable unit.” The Applicant contends that Hill does not describe “suppressing degradation in the performance and durability of a wide-band illumination source 102, which is the theme of the claimed invention,” further alleges that Hill does not suggest a filter mount is disposed so that the incident surface of the filter mount is tilted in a rotation direction around an axis along the direction of movement of the filter mount, and alleges that Erdogan fails to recite “an optimal tilt angle for the purpose of suppressing degradation in the performance and durability of a light source.” The Applicant also alleges Cramer and Sasaki lack description about “suppressing degradation in the performance and durability of a light source, which is a theme of the claimed invention, and fail to disclose/suggest the above features.” The Examiner respectfully disagrees. Hill is relied upon to disclose a wavelength variable unit configured to change a spectrum of light from the optical system by moving in a direction along an axis perpendicular to an optical axis of the optical system (Figs. 1, 2, 5, 6, 8, 9, paras. [0027], [0036], [0054], [0056]-[0058], [0069]-[0070], tunable filters 112 control the spectral content of the beam using tunable filters moved on linear stages 604, 608, 612, 616 under control of a controller 114 in a linear direction perpendicular to the optical axis), and although Hill does not appear to explicitly describe wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis, Erdogan discloses a wavelength variable unit configured to change a spectrum of light from an optical system by moving in a direction along an axis perpendicular to an optical axis (Figs. 1-13, paras. [0053]-[0058], [0060]-[0065], [0068]-[0069], [0086]-[0091], rotational actuator 12 moves the filters along axis A, which is in a direction perpendicular to the optical path. The filters each selectively transmit different wavelengths, and the movement of the filters with respect to the optical path to spectrally filter the illumination is such that one of ordinary skill in the art would recognize the interchangeability of the disclosed spectral filter apparatus for the corresponding element in the instant specification since the spectral filter apparatus performs the claimed function in substantially the same way as claimed and produces substantially the same result as the disclosed corresponding element. See MPEP 2183), wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted is incident is tilted in a rotation direction around the axis (Figs. 2-13, paras. [0060], [0062]-[0065], [0068]-[0069], [0086]-[0091], the filter support 30 is rotatable about axis of rotation A such the spectral filters are tilted with respect to the incident light from light path 20). The Applicant has not provided evidence that the teachings of Hill as modified by Erdogan fails to suggest the wavelength variable unit is not equivalent to the structure in Applicant’s specification. See MPEP 2183. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the wavelength variable unit is disposed so that an incident surface of the wavelength variable unit on which the light emitted from the optical system is incident is tilted in a rotation direction around the axis as taught by Erdogan as the orientation of the wavelength variable unit in the illumination apparatus as taught by Hill to provide quickly adjustable spectral filtering in compact spaces (Erdogan, paras. [0015]-[0023], [0034], [0065]). In response to the Applicant's argument that the claimed invention “produces an advantageous effect of making it possible to suppress degradation in the performance and durability of a light source” and “an advantageous effect of suppressing a change in the wavelength characteristics of the wavelength variable unit” is obtained, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Since Hill as modified by Erdogan discloses the general conditions of wherein the first wavelength variable unit is disposed so that the incident surface is tilted by a tilt angle of θ with respect to a plane perpendicular to the optical axis (Erdogan, Figs. 1-5, 11-13, paras. [0057], [0063]-[0065], [0068], [0071], [0091], the tunable filters are oriented so that the incident surface is tilted by a tilt angle from a range of incident of angles from 0 to 60 degrees), wherein tan(2α) = r/d, where α is the tilt angle of the incident surface with respect to the plane when the incident surface is tilted so that a ray traveling along the first optical axis is reflected by the incident surface and passes a boundary of a coverage of the first optical system, r is an effective radius of the first optical system, and d is a distance between the first optical system and the first wavelength variable unit in a direction along the first optical axis (Hill, Fig. 6, para. [0070], radius of the optical system divided by the distance between the filter and the intensity modulator 110, and as modified by Erdogan, Figs. 1-5, 11-13, paras. [0057], [0063]-[0065], [0068], [0071], [0091], the angle of the tunable filter is arranged such that the tangent of the tilt angle is the radius of the optical system divided by the distance in the illumination apparatus of the combination). Hill as modified by Erdogan does not appear to explicitly describe α ≤θ≤6α is satisfied, but it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized tilt angle of the incident surface of the first wavelength variable unit with respect to the plane within the illumination apparatus of Hill as modified by Erdogan to have satisfied the claimed condition using the structural parameters of the illumination apparatus of Hill as modified by Erdogan since the optimization would have only required routine skill in the art to have determined the angles for the tilt angle of the first wavelength variable unit to improve spectral selection and intensity for the illumination beam area incident to the wavelength variable unit (Hill, para. [0003]) while minimizing damage to the illumination apparatus owing to temperature increase from the incidence of the illumination intensity on the surfaces of the illumination apparatus. "[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). As to the optimization of the tilt angles as suggested by Hill as modified by Erdogan, the Applicant has not provided evidence that the claimed range of angles is critical. See MPEP 2144.05.
Additionally, the claim language does not recite a filter mount. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a filter mount) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Although Cramer and Sasaki may lack description about “suppressing degradation in the performance and durability of a light source, which is a theme of the claimed invention, and fail to disclose/suggest the above features,” the claim language does not require this feature, and the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious.
The Applicant’s arguments have been fully considered, but they are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/CHRISTINA A RIDDLE/ Primary Examiner, Art Unit 2882
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