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 .
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.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim1 of U.S. Patent No 12,076,815 Although the claims at issue are not identical, they are not patentably distinct from each other because the claim of this is related to the claims of the patent in that claim 1 of the patent is narrower because it further recites the underlined features below:
A laser processing apparatus comprising: a placement base on which a workpiece is placed; a beam shaping optical system configured to shape laser light in such a way that a first irradiated region of a mask configured to block part of the laser light that is a region irradiated with the laser light has a rectangular shape having short edges and long edges, the beam shaping optical system further configured to be capable of causing one of a first radiation width of the first irradiated region in a direction parallel to the short edges and a second radiation width of the first irradiated region in a direction parallel to the long edges to be fixed and causing another of the first and second radiation widths to be changed; a projection optical system configured to project a pattern on the mask onto the workpiece placed on the placement base; a mover configured to move the first irradiated region at least in the direction parallel to the short edges to move a second irradiated region of the workpiece placed on the placement base that is a region irradiated with the laser light; and a controller, wherein the beam shaping optical system is configured to be capable of causing the second radiation width to be fixed and causing the first radiation width to be changed, the controller is configured to control the beam shaping optical system in such a way that fluence of the laser light on the workpiece placed on the placement base approaches a target value by changing the first radiation width, the laser light is pulsed laser light, and the controller is configured to control the mover in such a way that an absolute value of a moving speed Vxm of the first irradiated region in the direction parallel to the short edges approaches a value below…
That is, the features of this application are broader than those of the patent because the patent further recites the underlined features above.
Claims 2-10 are rejected based on claims 1, 2, 2, 1,1,1,1, 1 and 1 respectively of the patent. Thought the claims are not identical, the additional features recited in this application would have been well known in the art, as such would have been obvious in view of the features recited in the patent.
Allowable Subject Matter
Claim 11 is allowed.
The following is the Examiner's Reasons for Allowance:
the prior art fails to disclose and would not have rendered obvious:
a placement base on which a workpiece is placed, a beam shaping optical system configured to shape pulsed laser light in such a way that a first irradiated region of a mask configured to block part of the pulsed laser light that is a region irradiated with the pulsed laser light has a rectangular shape having short edges and long edges, a projection optical system configured to project a pattern on the mask onto the workpiece placed on the placement base, a first mover configured to move the first irradiated region at least in a direction parallel to the short edges to move a second irradiated region of the workpiece placed on the placement base that is a region irradiated with the pulsed laser light, and a controller, wherein the controller is configured to control the first mover in such a way that an absolute value of a moving speed Vxm of the first irradiated region in the direction parallel to the short edges approaches a value below, .Math.Vxm.Math.=f.Math.Bx/Np, where f represents a repetitive frequency of the pulsed laser light, Bx represents a radiation width of the first irradiated region in a direction parallel to the short edges, and Np represents the number of pulses radiated to the same position, the method comprising shaping the pulsed laser light in such a way that the first irradiated region has the rectangular shape; projecting a pattern on the mask onto the workpiece placed on the placement base; and moving the first irradiated region at least in the direction parallel to the short edges, as recited in claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G BACHNER whose telephone number is (571)270-3888. The examiner can normally be reached on Monday-Friday, 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached at (571) 270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT G BACHNER/ Primary Examiner, Art Unit 2898
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