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 .
A telephone call was made to Nathaniel D. McQueen on 03/02/2026 to request to file a Terminal Disclaimer as Applicant mentioned in the Remarks filed on 02/10/2026, but did not result in a conversation being made.
Nonstatutory Double Patenting Rejection
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6, and 8-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and 14-17 of U.S. Patent No. 12,061,423 in view of Yang et al. (2020/0057181) and Zhao et al. (2016/0209753).
The limitation "a chamber for generating EUV light" as recited in claims 1, 8 of current application 18/761,020 is considered to be inherent in "a plasma chamber" in claim 1 of the Patent No. 12,061,423, sine the EUV light generated from the plasma is well known in the extreme ultraviolet (EUV) source used in the lithography apparatus.
The limitation "the EUV light has a wavelength of from 1 nanometer to 100 nanometers" as recited in claim 6 of current application 18/761,020 is also considered to be inherent in "the EUV light" in claim 1 of the Patent No. 12,061,423, sine the wavelength of the EUV light is in the range from 10 nm to 124 nm.
The limitations "an optical axis in a direction towards a reticle stage" and "a plurality of vanes disposed on an inner surface of the chamber surrounding the optical axis" as recited in claims 1, 8; "an excitation laser source for generating laser light" and "a droplet generator for generating a plurality of target droplets" as recited in claim 8; "activating a droplet generator and a laser generator configured to produce a plasma and EUV light within a source vessel" as recited in claim 16; "a laser generator, laser guide optics, and a focusing apparatus" as recited in claim 9; at least one of a carbon dioxide laser source or a neodymium-doped yttrium aluminum garnet (NdYAG) laser source as recited in claim 10; a laser-produced plasma (LPP) collector for collecting the EUV light as recited in claim 11; one or more mirrors, each having a reflection surface for reflecting and focusing EUV light as recited in claim 12; a coating material on the surface of the mirrors thereof comprised of at least one of molybdenum/silicon (Mo/Si) and ruthenium (Ru) as recited in claim 13; a droplet catcher arranged opposite the droplet generator for collecting target droplets as recited in claim 14; and a pre-heat laser for generating a pre- pulse for pre-heating the target droplets as recited in claim 15 are considered to be obvious variation in design, since it is well known in the art as Yang et al. (2020/0057181) discloses, in figs. 1-9B, an extreme ultraviolet (EUV) radiation source for a lithography apparatus, which includes an optical axis A1 in a direction towards a reticle or mask stage in an exposure tool 200 (see fig. 1, [0021], [0022], [0023]); a plurality of vanes 152 disposed on a support frame 151 mounting on an inner surface of the chamber 105 surrounding the optical axis A1 (see figs. 1-3A, [0036]-[0038]); an excitation laser source 300 activated for generating laser light LR1 (see fig. 1); a droplet generator 115 activated for generating a plurality of target droplets DP (see fig. 1); a plasma and EUV light with a wavelength at about 13.5 nm produced within a source vessel or chamber 105, 1000 (see fig. 1, [0020]); a laser generator 300, laser guide optics 320, and a focusing apparatus 330 (see fig. 1); at least one of a carbon dioxide laser source or a neodymium-doped yttrium aluminum garnet (NdYAG) laser source (see [0039]); a laser-produced plasma (LPP) collector 110 for collecting the EUV light (see fig. 1, [0017], [0018], [0020], [0026], [0031]); one or more mirrors 110, each having a reflection surface for reflecting and focusing EUV light (see fig. 1, [0017], [0030], [0031]); a coating material on the surface of the mirrors thereof comprised of at least one of molybdenum/silicon (Mo/Si) and ruthenium (Ru) (see [0031]); a droplet catcher 120 arranged opposite the droplet generator 115 for collecting target droplets (see fig. 1, [0030]); and a pre-heat laser for generating a pre-pulse for pre-heating the target droplets (see [0027], [0028], [0030]), thus would have been obvious to one skilled in the art to use the extreme ultraviolet (EUV) source that includes the optical axis in a direction towards the reticle or mask stage in an exposure tool; the plurality of vanes disposed on a support frame mounting on an inner surface of the chamber surrounding the optical axis; the excitation laser source activated for generating laser light; the droplet generator activated for generating a plurality of target droplets; the plasma and EUV light with a wavelength at about 13.5 nm produced within the source vessel or chamber; the laser generator, laser guide optics, and the focusing apparatus; the at least one of a carbon dioxide laser source or a neodymium-doped yttrium aluminum garnet (NdYAG) laser source; the laser- produced plasma (LPP) collector for collecting the EUV light; the one or more mirrors, each having a reflection surface for reflecting and focusing EUV light; the coating material on the surface of the mirrors thereof comprised of at least one of molybdenum/silicon (Mo/Si) and ruthenium (Ru); the droplet catcher arranged opposite the droplet generator for collecting target droplets; and the pre-heat laser for generating a pre-pulse for pre-heating the target droplets in the Patent No. 12,061,423 extreme ultraviolet (EUV) source for generating the extreme ultraviolet (EUV) light.
The limitation "maintaining the surface temperature by at least one of: continuously activating the microwave generator, intermittently activating the microwave generator, and adjusting a power level of the microwave generator in response to the surface temperature" as recited in claim 17 is also considered to be obvious variation in design, since it is well known in the art as Zhao et al. (2016/0209753) discloses, in figs. 1-25, an extreme ultraviolet (EUV) radiation source for a lithography apparatus, which includes a laser beam 5 for irradiating droplets produced by a droplet generator 1 to produce a plasma 4210 for generating extreme ultraviolet (EUV) light (see fig. 4, 17, 18); a heating unit can comprise a microwave source and can be operated continuously or intermittently, e.g. controlled by a timer system for heating blades or vanes 61-1, 61-2 to maintain the surface temperature of the blades or vanes by at least one of: continuously activating the microwave generator, intermittently activating the microwave generator, and adjusting a power level of the microwave generator in response to the surface temperature (see [0083], the terms "vanes" and "blades" 101a are the same in [0112] and [0114]), thus would have been obvious to one skilled in the art to use the timer system for maintaining the surface temperature of the vanes by at least one of: continuously activating the microwave generator, intermittently activating the microwave generator, and adjusting a power level of the microwave generator in response to the surface temperature in the Patent No. 12,061,423 extreme ultraviolet (EUV) source for generating the extreme ultraviolet (EUV) light.
Claims 5 and 7 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.
Applicant's arguments filed on 02/10/2026 have been fully considered but they are not persuasive. Because the Terminal Disclaimer has been not filed.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TUAN NGUYEN whose telephone number is (571)272-2479. The examiner can normally be reached on Monday-Friday 8-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert H. Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/KIET T NGUYEN/Primary Examiner, Art Unit 2881