Prosecution Insights
Last updated: July 17, 2026
Application No. 18/829,619

OPTICAL DEVICE, METHOD FOR MEASURING AN ACTUAL TILT OF AN OPTICAL SURFACE OF AN OPTICAL ELEMENT, AND LITHOGRAPHY SYSTEM

Non-Final OA §102§103
Filed
Sep 10, 2024
Priority
Mar 25, 2022 — DE 10 2022 202 989.5 +1 more
Examiner
BAGHDASARYAN, HOVHANNES
Art Unit
Tech Center
Assignee
Carl Zeiss SMT GmbH
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
769 granted / 990 resolved
+17.7% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
64 currently pending
Career history
1067
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
81.0%
+41.0% vs TC avg
§102
6.5%
-33.5% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 990 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 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)(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, 15 and claims bellow are rejected under 35 U.S.C. 102(a)(2) as being anticipated by D1 WO 2022128284 A1. Regarding claims 1, 15 D1 teaches 1. An optical apparatus, comprising: an optical element comprising an optical surface;(301) an actuator configured to tilt the optical surface; and[0121] a measuring device configured to sense a tilt of the optical surface from a rest position,(612+614+616) wherein: the measuring device comprises a waveguide(614) defining a closed measurement section; (612+614+616) the waveguide is configured to input couple and allow propagation of a mode of a measurement beam;[0110-0117] the waveguide is configured so that a tilt of the optical surface influences the measurement beam when the measurement beam propagates through the waveguide; and;[0115-0117] the measuring device is configured to sense an influence on the measurement beam caused by the tilt of the optical surface. [0110-0119] 8. The optical apparatus of claim 1, wherein the waveguide is configured so that, due to a tilt of the optical surface, the waveguide moves relative to a reference region in direct vicinity to the waveguide so that the reference region influences an evanescent field emerging from the waveguide, and the measuring device is configured to measure the influence.[0117] 12. The optical apparatus of claim 1, comprising a plurality of optical elements, and the optical elements comprise micromirrors.[0076] 13. The optical apparatus of claim 1, wherein: the optical apparatus comprises a mirror selected from the group consisting of a field facet mirror and a pupil facet mirror;[0056] the mirror comprises a plurality of micromirrors; an optical surface of each micromirror comprises a reflective plane tiltable about two axes.[0076] 14. A system, comprising: an illumination system; and a projection optical unit comprising an optical apparatus according to claim 1, wherein the system is a semiconductor lithography projection exposure apparatus.[0076-0077] 16. The method of claim 15, wherein the actuator comprises a microelectromechanical system, and/or the optical element comprises a micromirror. [0056] [0076-0077] 20. The method of claim 15, wherein: the waveguide is configured so that, due to a tilt of the optical surface, the waveguide moves relative to a reference region in direct vicinity to the waveguide so that the reference region influences an evanescent field emerging from the waveguide; and the method comprises measuring the influence to determine the actual tilt of the optical surface. [0110-0119] 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, 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(s)10 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1. Although D1 does not explicitly teach 10. The optical apparatus of claim 1, wherein: the measuring device comprises a first waveguide comprising a first measurement section and a second waveguide comprising a second measurement section; each waveguide defines a closed measurement section; the measurement sections is configured so that an actual tilt of the optical surface about a first axis is able to be sensed via the first measurement section; an actual tilt of the optical surface about a second axis orthogonal to the first axis is able to be sensed via the second measurement section. Using multiple sensors in different direction is well known in the art in order to measure different degrees of the freedom of the sensor. Allowable Subject Matter Claim 2-7 , 9, 11, 17-19 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. The following is an examiner’s statement of reasons for allowance: Closest available art by D1 US 9863825 B2 teaches the waveguide with beam, affecting the waveguide by force and measuring the response in order to identify the deformation , but does not teach tilt of optical surface, lithography projection apparatus and several other non obvious features of the claim. Another art by D2 WO 2022128284 A1 teaches lithographic apparatus with mirrors which includes the waveguide and measuring the Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOVHANNES BAGHDASARYAN whose telephone number is (571)272-7845. The examiner can normally be reached on Mon-Fri 7am - 5 pm. 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, Isam Alsomiri can be reached on 5712726970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Sep 10, 2024
Application Filed
Jun 18, 2026
Non-Final Rejection mailed — §102, §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
78%
Grant Probability
95%
With Interview (+16.9%)
3y 0m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 990 resolved cases by this examiner. Grant probability derived from career allowance rate.

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