CTFR 18/746,356 CTFR 84726 DETAILED ACTION Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1 and 10-13 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Taniguchi [US 2002/0006561] . For claims 1 and 12 , Taniguchi teaches an exposure apparatus and associated control method (see Fig. 1) for exposing a substrate (W) through a projection optical system (PL), the apparatus comprising: a stage (13, 14) configured to move while holding the substrate; an image capturing device (12) configured to capture an image of a mark on the substrate and an image of the reference mark on the stage without going through the projection optical system (wafer mark, see [0056], and reference mark 42, see [0061]); a measurement device (16) configured to measure a stage position of the stage (gathers the XY coordinates provided to the controller 19, see [0044]); and a controller (19) configured to: control alignment of the substrate based on a mark position of the mark (wafer mark coordinates, see [0057]) and interval information (base line amount, see [0058]), wherein: the mark position is obtained using the image capturing device and the measurement device (wafer mark coordinates, see [0057]), and the interval information, which is generated at a first timing, indicates an interval between an optical axis of the image capturing device and an optical axis of the projection optical system (base line amount, see [0058]); at the first timing at which the interval information is generated, cause the measurement device to measure, as a first stage position, the stage position of the stage in a predetermined state in which the reference mark on the stage is arranged within a visual field of the image capturing device without going through the projection optical system (base line amount measurement using mark 42 measured by sensor 12 and using XY coordinates, see [0061]-[0062]); at a second timing after the first timing (base line amount measurement is performed periodically, see [0076]), cause the measurement device to measure, as a second stage position, the stage position of the stage in the predetermined state (base line amount measurement using mark 42 measured by sensor 12 and using XY coordinates, see [0061]-[0062]); and correct the interval information based on a stage position difference between the first stage position and the second stage position (base line amount measurement is performed periodically, the difference between the measurement result and the original base line amount is an image shift amount. This value is used as an offset to adjust the image-forming position, see [0076]). For claim 10 , Taniguchi teaches the predetermined state where the reference mark is arranged at a predetermined position within the visual field of the image capturing device (image of mark 42 measured by the alignment sensor 12, see Fig. 3). For claim 11 , Taniguchi teaches the predetermined position is a visual field center of the image capturing device (image of mark 42 measured by the alignment sensor 12, see Fig. 3). For claim 13 , Taniguchi teaches a method of manufacturing an article, the method comprising: exposing a substrate by controlling an exposure apparatus using a control method according to claim 12; processing the substrate having undergone the exposing; and manufacturing an article from the substrate having undergone the processing (a pattern on a mask onto a photosensitive substrate in a photolithographic process for manufacturing a semiconductor device, see [0001] and [0002]) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2-9 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The previous rejection of claims 2-9 under 35 USC 112 have been withdrawn in view of the current amendment. The subject matter recited in claim 2 remains allowable for the reasons previously provided. Claims 3-9 depend therefrom . Response to Arguments 07-37 AIA Applicant's arguments filed in the Remarks filed on April 14, 2026 have been fully considered but they are not persuasive. The Applicant argues on pages 6-8, that Taniguchi fails to teach the claimed measuring the first and second positions in the same predetermined state, namely while the reference mark on the stage is observed, and thereafter obtaining the difference between the first and second positions because the image shift amount is merely used as an offset, but is not configured as a stage position difference obtained under the same predetermined state. The Examiner respectfully disagrees. Taniguchi teaches each baseline measurement is performed using the measurement of the reference mark 42 by the alignment sensor 12, the predetermined state, so as to generate an offset that is used to correct the measurements of the interferometer 16 due to image offset caused by changes in the apparatus temperature (see [0061]-[0062]). The second baseline measurement in the periodic adjustment of the baseline amount is a second position measurement that is different from the first position measurement because the offset amount changes due to image shift that results in a difference between the second measurement result and the original base-line amount, this value is an offset of the image forming position and added to the correction of measured coordinates of the substrate by the alignment sensor 12 and in the positioning of the stage (see [0076]) . 07-37 AIA Applicant's arguments filed in the Remarks filed on April 27, 2026 have been fully considered but they are not persuasive. The Applicant argues on pages 6 and 7 of the Remarks, that Taniguchi fails to teach the reference mark on the stage is arranged within a visual field of the image capturing device without going through the projection optical system, because marks 40 and 41 are observed via the projection optical system. The Examiner respectfully disagrees. Mark 42, not marks 40 and 41 are relied upon to teach the reference mark of the claims. That reference mark is used to establish an offset amount for generating the base-line amount, see the cited portions of the remarks that are also cited in the rejection above. Conclusion 07-39 AIA 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 Steven H Whitesell whose telephone number is (571)270-3942. The examiner can normally be reached Mon - Fri 9:00 AM - 5:30 PM (MST). 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, Curt Mayes can be reached at 571-272-1234. 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. /Steven H Whitesell/Primary Examiner, Art Unit 1759 Application/Control Number: 18/746,356 Page 2 Art Unit: 1759 Application/Control Number: 18/746,356 Page 3 Art Unit: 1759 Application/Control Number: 18/746,356 Page 4 Art Unit: 1759 Application/Control Number: 18/746,356 Page 5 Art Unit: 1759 Application/Control Number: 18/746,356 Page 6 Art Unit: 1759 Application/Control Number: 18/746,356 Page 7 Art Unit: 1759
Prosecution Insights