DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The preliminary amendment filed on March 25, 2025 has been entered. Claims 26-45 are pending in this application.
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.
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 26-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 11-13, 16, 26, 31, 34, 36 and 37 of U.S. Patent No. US 9557548 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 26, US 9557548 B2 patent claim 1 limitation disclosed a projection exposure optical system, comprising: an illumination system which illuminates, with a light from a light source, a predetermined pattern arranged on a first plane; and a reflective imaging optical system which projects an image of the predetermined pattern on the first plane onto a photosensitive substrate arranged on a second plane, wherein a numerical aperture, on a side of the first plane, with respect to a first direction on the first plane is greater than 1.1 times a numerical aperture (a numerical aperture of the reflective imaging optical system with respect to a first direction on the first plane is greater than a numerical aperture of the reflective imaging optical system with respect to a second direction crossing the first direction on the first plane), on the side of the first plane, with respect to a second direction crossing the first direction on the first plane, and wherein a condition of NAmax> sin α is satisfied (a maximum numerical aperture of the reflective imaging optical system on a side of the first plane is greater than a sine of an angle between a principal ray corresponding to a point on an illumination area), α being an average value of angles defined between main light beams corresponding to respective points in an illumination area formed by the illumination system on the first plane and a perpendicular line perpendicular to the first plane, and NAmax being a maximum numerical aperture of the reflective imaging optical system on a side of the first plane.
Regarding claim 27, the above patent claim 2 limitation disclosed the projection exposure optical system according to claim 26, wherein an entrance pupil of the reflective imaging optical system is elliptic-shaped (the first direction on the first plane is greater than 1.5 times the numerical aperture with respect to the second direction which are major and minor axis of the ellips).
Regarding claim 28, US 9557548 B2 claim 16 limitation disclosed the projection exposure optical system according to claim 27, wherein an exit pupil of the illumination optical system is elliptic-shaped.
Regarding claim 29, US 9557548 B2 claim 13 limitation disclosed the projection exposure optical system according to claim 28, wherein the illumination optical system comprises a plurality of fly's eye mirrors sequentially arranged (a first and second fly's eye optical systems).
Regarding claim 30, US 9557548 B2 claim 31 limitation disclosed the projection exposure optical system according to claim 29, wherein a main beam of the light from the light source is not perpendicular to the first plane or the second plane (an illumination light from an oblique direction oblique to the first plane to form an illumination area on the first plane).
Regarding claim 31, US 9557548 B2 claim 34 limitation disclosed the projection exposure optical system according to claim 30, wherein an optical path through the reflective imaging optical system is folded in a plane including an optical axis and the second direction.
Regarding claim 32, the US 9557548 B2 claim 3 limitation disclosed the projection exposure optical system according to claim 31, wherein the first direction is orthogonal to the second direction.
Regarding claim 33, the US 9557548 B2 claim 4 limitation disclosed 33. The projection exposure optical system according to claim 26, wherein the numerical aperture, on the side of the first plane, with respect to the first direction is greatest and the numerical aperture, on the side of the first plane, with respect to the second direction is smallest.
Regarding claim 34, the US 9557548 B2 claim 6 limitation disclosed the projection exposure optical system according to claim 33, wherein an effective imaging area on the second plane is circular arc-shaped.
Regarding claim 35, the US 9557548 B2 claim 5 limitation disclosed the projection exposure optical system of claim 34, wherein an angle defined by the second direction and a radial direction passing a center of the circular arc-shaped effective imaging area is smaller than 30 degrees.
Regarding claim 36, the US 9557548 B2 claim 6 limitation disclosed the projection exposure optical system according to claim 35, wherein the second direction is coincident with the radial direction passing the center of the circular arc-shaped effective imaging area.
Regarding claim 37, the US 9557548 B2 claim 8 limitation disclosed the projection exposure optical system according to claim 33, wherein an effective imaging area on the second plane is rectangular-shaped.
Regarding claim 38, the US 9557548 B2 claim 7 limitation disclosed the projection exposure optical system according to claim 37, wherein an angle defined by the second direction and a short side direction of the rectangular-shaped effective imaging area is smaller than 30 degrees.
Regarding claim 39, the US 9557548 B2 claim 8 limitation disclosed the projection exposure optical system according to claim 38, wherein the second direction is coincident with the short side direction of the rectangular-shaped effective imaging area.
Regarding claim 40, the US 9557548 B2 claim 11 limitation disclosed the projection exposure optical system according to claim 26, wherein an entrance pupil of the imaging optical system is disposed on a side opposite to the imaging optical system with the first plane intervening therebetween.
Regarding claim 41, the US 9557548 B2 claim 26 limitation disclosed the projection exposure optical system according to claim 40, wherein an exit pupil of the illumination system has a size in a third direction on an exit pupil plane, at which the exit pupil is located, that is smaller than a size in a fourth direction crossing the third direction on the exit pupil plane.
Regarding claim 42, the US 9557548 B2 claim 12 limitation disclosed an exposure apparatus comprising: the projection exposure optical system according to claim 25; and a two-dimensionally movable substrate stage for movably holding the photosensitive substrate at the second plane.
Regarding claim 43, the US 9557548 B2 claim 31 limitation disclosed the exposure apparatus according to claim 42, wherein the exposure apparatus is configured to perform a scanning exposure by moving the substrate stage in the second direction.
Regarding claim 44, the US 9557548 B2 claim 37 limitation disclosed the exposure apparatus according to claim 43, wherein an entrance pupil of the imaging optical system is disposed on a side opposite to the imaging optical system with the first plane intervening therebetween; an exit pupil of the illumination system has a size in a third direction on an exit pupil plane, at which the exit pupil is located, that is smaller than a size in a fourth direction crossing the third direction on the exit pupil plane; the third direction optically corresponds to the first direction; and the fourth direction optically corresponds to the second direction.
Regarding claim 45, the US 9557548 B2 claim 36 limitation disclosed a method for producing a device, comprising the steps of: using the exposure apparatus according claim 42 to expose the photosensitive substrate with the predetermined pattern; developing the photosensitive substrate to which the predetermined pattern has been transferred to form a mask layer, having a shape corresponding to the predetermined pattern, on a surface of the photosensitive substrate; and processing the surface of the photosensitive substrate via the mask layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MESFIN ASFAW whose telephone number is (571)270-5247. The examiner can normally be reached Monday - Friday 8 am - 4 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, Toan Ton can be reached at 571-272-2303. 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.
/MESFIN T ASFAW/ Primary Examiner, Art Unit 2882
Prosecution Insights