DETAILED ACTION
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 – 3, 7 – 10, 12 – 18, and 20 – 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wakiyama (U.S. Patent Application Publication Number 2018/0130677).\
As to claim 1, Wakiyama teaches a particle shield (abstract), the particle shield comprising: a ring configured to be mounted on an actuator housing (figure 1, element 56 being the ‘ring’; paragraph 36), the ring comprising a flange that is configured to be coupled to the actuator housing and a collar that extends from the flange along a Z coordinate direction (figure 2, see below).
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Wakiyama further teaches a plate that is configured to be mounted to a first Z-axis stage of the actuator housing (figure 2, element 30 being the ‘plate’; paragraph 31), the plate comprising an aperture configured to allow a second Z-axis stage of the actuator housing to pass through (figure 2, element 30a being the ‘aperture’; paragraph 32), and a skirt at an outside perimeter of the plate that extends along the Z coordinate direction (figure 2, see below), wherein the collar and the plate are coaxial and do not contact each other during rotation of the first -axis stage and remain within a same plate that is orthogonal to the Z coordinate direction and do not contact each other during movement along the Z coordinate direction by the first Z-axis stage (figure 2, elements 30 and 56, see below).
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As to claim 2, Wakiyama teaches that the skirt is radially inside the collar (figure 2, see below).
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As to claim 3, Wakiyama teaches that the collar is radially inside the skirt (figure 2, see below).
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As to claim 7, Wakiyama teaches that the plate further comprises a plurality of second apertures through which lift pins extend (figures 2 and 3, elements 30b being the ‘plurality of second apertures’ and elements 24 being the ‘lift pins’; paragraph 38 – 39).
As to claim 8, Examiner notes that the limitations of claim 8 further define the ‘second Z-axis stage’ which is functionally recited by the claim. It is the position of the Examiner that the particle shield of Wakiyama is configured for use with a second Z-axis stage, wherein a chuck is mounted to the second Z-axis stage.
As to claims 9, 10, 12, and 13, the discussion of claim 1 is incorporated herein.
As to claim 14, the discussion of claim 8 is incorporated herein.
As to claim 15, the discussion of claim 7 is incorporated herein.
As to claims 16 – 18, the discussion of claim 1 is incorporated herein.
As to claim 20, the discussion of claim 7 is incorporated herein.
As to claim 21, the discussion of claim 2 is incorporated herein.
As to claim 22, the discussion of claim 3 is incorporated herein.
As to claim 23, Wakiyama teaches that the collar is circular and the skirt is circular (figure 2, see above).
As to claims 24 and 25, the discussion of claim 1 is incorporated herein.
As to claim 26, the discussion of claim 8 is incorporated herein.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wakiyama as applied to claims 9 and 16 above.
As to claim 11, Wakiyama does not teach the distance between the collar and an outer perimeter of the plate. However, it is the position that it would have been obvious to one skilled in the art to form the particle shield of Wakiyama, such that the distance between the collar and the outer perimeter of the plate is no more than 2 mm, so as to ensure that the collar properly encloses the plate, as desired by Wakiyama (figure 3, see below; paragraph 36). Examiner notes that, while the Specification teaches the distance being no more than 2 mm, the Specification does not teach any special benefit for a distance of no more than 2 mm (paragraphs 17, 28, 31, and 32).
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As to claim 19, the discussion of claim 11 is incorporated herein.
Response to Arguments
Applicant's arguments filed June 25, 2026 have been fully considered but they are not persuasive.
Applicant argues, on pages 8 – 11, that Wakiyama does not teach the limitations of “a ring configured to be mounted on the actuator housing, the ring comprising a flange that is configured to be coupled to the actuator housing” and “a plate configured to be mounted to the first Z-axis stage,” as recited by claims 1, 9, and 16. Examiner disagrees. Applicant first bases the argument by stating the Wakiyama teaches element 56 as an “outer cup” rather than a “ring.” Examiner notes that “ring” is commonly defined by Merriam-Webster’s Dictionary as “a circular line, figure, or object.” Because the ‘outer cup’ of Wakiyama is clearly an ‘circular object’ (figure 2, element 56), the ‘outer cup’ may reasonably be considered a “ring.”
Applicant then argues that the ‘ring’ and ‘plate’ of Wakiyama are not configured for the functions recited in claims 1, 9, and 16. This is largely because, Applicant argues, Wakiyama does not teach the ‘ring’ and ‘plate’ being used in conjunction with an ‘actuator housing,’ as functionally recited in the claims. While Examiner recognizes this, Exmainer notes that the claims do not positively require the presence of, or use with, the ‘actuator housing.’ The claims merely require that the ‘ring’ and ‘plate’ of the claims be functional with the ‘actuator housing’ recited in the claims. Examiner further notes, as detailed in the rejection of the claims in view of Wakiyama above, that the ‘ring’ and ‘plate of Wakiyama have the same structure as that of the claims. “Where the claimed and prior art products are identical or substantially identical in structure or composition ... a prima facie case of either anticipation or obviousness has been established.” MPEP 2112.01. Therefore, because the ‘ring’ and ‘plate’ have the same structure as that of the claimed ‘ring’ and ‘plate,’ a prima facie case of anticipation has been established. Examiner notes that Applicant has presented no arguments as to why the ‘ring’ and ‘plate’ of Wakiyama could not structurally or physically be used with the recited ‘actuator housing.’
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 CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726
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