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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 and dependent claims 2-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 claims “a first space to which inert gas is supplied, a second space from which gas present is suctioned, and a third space that is a space present outside the plurality of container components are separated from each other by the plurality of container components”. The underlined section of claim 1 is unclear/indefinite. The “plurality of container components are separated from each other by the plurality of container components” is unclear.
Claim 16 claims ““a groove forming the second space is formed along a joint surface of the first container component and the plurality of third container components, a joint surface of the second container component and the plurality of third container components, and a joint surface of the plurality of third container components one another”
The underlined section of claim 16 is unclear/indefinite. The “and a joint surface of the plurality of third container components one another” is unclear.
Please check the remainder of the claims for any potential issues.
Allowable Subject Matter
Claim(s) 3-20 is/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 and if the above 112 rejection is overcome.
Concerning claim 3, the search did not find or make obvious the optical apparatus according to claim 1, wherein
the plurality of container components include a flat plate-shaped first container component, a cover-shaped second container component, and a cover-shaped third container component,
the light irradiation device is disposed on the first container component,
the second container component is joined to the first container component,
the first space is a space surrounded by the first container component and the second container component,
the plurality of third container components are joined to the first container component so as to cover the second container component,
the second space is a space surrounded by the first container component, the second container component, and the third container component,
the first gas supply port is disposed in the second container component, and
the first gas suction port is disposed in the third container component.
Concerning claim 16, the search did not find or make obvious the optical apparatus according to claim 1, wherein the plurality of container components include:
a flat plate-shaped first container component;
a flat plate-shaped second container component facing the first container component; and
a plurality of flat plate-shaped third container components joined to the first container component and the second container component, respectively,
wherein
at least some of the plurality of third container components are joined to each other,
the light irradiation device is disposed in the first container component,
the first space is a space surrounded by the first container component, the second container component, and the plurality of third container components,
a groove forming the second space is formed along a joint surface of the first container component and the plurality of third container components, a joint surface of the second container component and the plurality of third container components, and a joint surface of the plurality of third container components one another,
the first gas supply port is disposed in the first container component, the second container component, or any one of the plurality of third container components so as to reach the first space, and
the first gas suction port is disposed in the first container component, the second container component, or any one of the plurality of third container components so as to reach the groove.
Claim(s) 4-15 is/are dependent upon claim 3.
Claim(s) 17-20 is/are dependent upon claim 16.
Claim Rejections - 35 USC § 102
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 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.
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 –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by OCHIAI (JP 2005072076 A).
Regarding claim 1, OCHIAI discloses an optical apparatus (fig. 1) comprising:
` a light irradiation device (11) capable of emitting light;
a plurality of container components (19, and 15 with chambers 29, 16, 17, 18);
a first gas supply port (42) ;
a first gas suction port (46); and
a first optical element (24, 26, 34), wherein
a first space (19, and 15 with chambers 29, 16, 17, 18) to which inert gas is supplied (from 42, 41) , a second space (in 14 and not in 19, or 15 with chambers 29, or 16, 17, 18) from which gas present is suctioned (at 46) , and a third space (outside of 10, 14) that is a space present outside the plurality of container components (19, and 15 with chambers 29, 16, 17, 18) are separated from each other by the plurality of container components (walls of 19, and walls of 15 with chambers 29, 16, 17, 18),
the first gas supply port (42) reaches the first space (19, and 15 with chambers 29, 29, 16, 17, 18),
the first gas suction port (48) reaches the second space (in 14 and not in 19 or 15, 29, 16, 17, 18),
the first space (15, 29, 16, 17, 18) is used as an optical path of the light (from 11),
the first optical element (24, 26, R, 34) is disposed in the first space (15, 29s, 16, 17, 18), and
atmospheric pressure in the second space (via exhaust 46) can be controlled to be lower than atmospheric pressure in the first space (19, and 15 with chambers 29, 16, 17, 18) and atmospheric pressure in the third space (outside environment or storage tank) by supplying the inert gas from the first gas supply port (42) into the first space and suctioning the gas present in the second space from the first gas suction port (46)
(inert gas from 42 creates higher inert gas pressure in 19, and 15 with chambers 29, 16, 17, 18, than in exhausted space of (in 14 and not in 19, or 15 with chambers 29, or 16, 17, 18) and /or the outside environment /inert gas storage tank post 46)
[0042]
[0055-0058] – (pgs. 12-13).
Regarding claim 2, OCHIAI discloses that the light (11) [0042] is deep ultraviolet light [0089 Note wavelength of 248, 193, 146, 1226 nm is UV] [0107]
(Note UVC covers the range of 100-280 nm).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew Smyth whose telephone number is 571-270-1746. The examiner can normally be reached between 9:00AM - 6:00PM; Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached on (571) 272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SMYTH/Primary Examiner, Art Unit 2878
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