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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Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. US 12117732 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of patent [US 12117732 B2 ] disclosed the following limitations of “A method for image stabilization for digital lithography, comprising: providing a spatial light modulator (SLM) in an image projection system, positioned at a rotation angle relative to an in-scan direction, a comprising a plurality of SLM pixels; rasterizing a mask pattern to form a rasterized mask pattern for a projection from the SLM, the mask pattern corresponding to a first set of SLM pixels of the plurality of pixels; detecting at a controller, a cross-scan vibration between the SLM and a substrate, the cross-scan vibration causing a cross-scan deviation; and shifting the rasterized mask pattern within the SLM in the in-scan direction to a second set of SLM pixels by adjusting a timing of the projection of the rasterized mask pattern, in response to the detecting, to correct for the cross-scan deviation.” Which are disclosed in claims 1 and 2 of instant application.
Claim 2 in the above patent disclosed the limitation “providing radiation to the SLM for projection of the rasterized mask pattern onto a substrate, comprising one of delaying and accelerating timing providing the radiation to the SLM, based on the detecting.” Of claim 3 in the instant application.
Claim 3 in the above patent disclosed the limitation “determining an amount of shifting of the rasterized mask pattern along the axis of the SLM by dividing the cross-scan deviation by the tangent of the rotation angle.” Of claim 4 in the instant application.
Claim 4 in the above patent disclosed the limitation “wherein the rotation angle is from 0.5 degrees to 26 degrees.” Of claim 5 in the instant application.
Claim 5 in the above patent disclosed the limitation “wherein the rotation angle of the SLM is approximately 1 degree.” Of claim 6 in the instant application.
Allowable Subject Matter
Claim 7 is 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.
Claims 8-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art to Latypov et al. [US 20060033902 A1] teaches a system that compensates for static and/or dynamic misalignments and deformations in a maskless lithography tool.
However, with regard to claim 8, the prior art of record does not anticipate nor render obvious to one skilled in the art a system for digital lithography as claimed, more specifically, the system comprising a controller configured to: detect a cross-scan deviation between the SLM and the substrate; and correct for the cross-scan deviation by shifting the rasterized mask pattern within the SLM in the in-scan direction to a second set of SLM pixels by changing an in-scan coordinate at which the rasterized mask pattern is projected, in response to the detecting, to correct for the cross-scan deviation, in combination with the other elements required by claim 8.
With regard to claim 14, the prior art of record does not anticipate nor render obvious to one skilled in the art a processing apparatus as claimed, more specifically the processing apparatus comprising a controller configured to: detect a cross-scan deviation between the SLM and a substrate; and correct for the cross-scan deviation by shifting the rasterized mask pattern within the SLM in the in-scan direction to a second set of SLM pixels by changing an in-scan coordinate at which the rasterized mask pattern is projected, in response to the detecting, to correct for the cross-scan deviation, in combination with the other elements required by claim 14.
Claims 9-13 and 15-20 are allowable by virtue of their dependency.
Conclusion
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/MESFIN T ASFAW/Primary Examiner, Art Unit 2882
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