Prosecution Insights
Last updated: October 02, 2026
Application No. 18/558,910

METROLOGY APPARATUS AND LITHOGRAPHIC APPARATUS

Non-Final OA §103
Filed
Nov 03, 2023
Priority
May 04, 2021 — EU 21171975.2 +2 more
Examiner
GRAY, SUNGHEE Y
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
ASML Holding N.V.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
446 granted / 536 resolved
+18.2% vs TC avg
Moderate +11% lift
Without
With
+10.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
556
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
32.7%
-7.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 536 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant's election with traverse of group I in the reply filed on 06/24/2026 is acknowledged. The traversal is on the ground(s) that Toyama in view of Nishimura does not describe the system of claim 1. This is not found persuasive because as shown in below, a system of Kaneko et al. (US 20110013165) in view of Van Der Pasch et al. (US 20070195296 A1) teaches the system of claim 1. Also newly submitted claim 20 belongs to the group IV. As a result, under restriction by original presentation, the claim 20 has been withdrawn from the consideration. The requirement is still deemed proper and is therefore made FINAL. 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Kaneko et al. (US 20110013165 hereinafter Kaneko) and in view of Van Der Pasch et al. (US 20070195296 A1 hereinafter Pasch). As to claim 1, Kaneko teaches a parallel metrology sensor system (Figs. 8-10) comprising: a reference frame (802); and a plurality of integrated optics sensor heads (AL1, AL21, AL22, AL23 and AL24 and [0075-0078]), each integrated optics sensor head configured to perform an independent measurement ([0005], claim 8 and 14); wherein each of the integrated optics sensor heads is operable to measure its position with respect to the reference frame (baseline calibration of the primary and the secondary alignment system, claim 10) However, Kaneko does not explicitly disclose each of the integrated optics sensor heads comprises a respective sensor head positioning system for measuring the position of its respective integrated optics sensor head with respect to the reference frame. Pasch teaches each of the integrated optics sensor heads comprises a respective sensor head positioning system for measuring the position of its respective integrated optics sensor head with respect to the reference frame ([0014] and [0015]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of Kaneko by having each of the integrated optics sensor heads comprises a respective sensor head positioning system for measuring the position of its respective integrated optics sensor head with respect to the reference frame for the benefit including reducing measurement time and measurement accuracy by optimizing calibration process with own embedded position assuring system. Citation of Relevant Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20120242969 (Van Der Pasch et al.) teaches reference frame element being mounted on the sensor frame along with first sensor head to determine a position of the first sensor head w.r.t. the reference element. Allowable Subject Matter Claims 3 and 4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims As to claim 3, none of the prior art alone or in combination disclose or teach of each sensor head positioning system is operable to emit positioning system measurement radiation from its respective integrated optics sensor head and capture scattered radiation, scattered from a reference structure on said reference frame, via said respective integrated optics sensor head along with other limitations in the claim. Claim 4 is indicated as allowable due to their dependencies only. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNGHEE Y GRAY whose telephone number is (571)270-3211. The examiner can normally be reached on T-R, 8:00 am-4:00 pm and F 8 :00 to 2:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached on (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SUNGHEE Y GRAY/ Primary Examiner, Art Unit 2886
Read full office action

Prosecution Timeline

Nov 03, 2023
Application Filed
Aug 19, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
94%
With Interview (+10.8%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 536 resolved cases by this examiner. Grant probability derived from career allowance rate.

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