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 .
Response to Arguments
Applicant’s arguments, see Page 8, filed 14 July 2026, with respect to claims 9, 13, and 31 have been fully considered and are persuasive. Therefore, the objections to claims 9, 13, and 31 have been withdrawn.
Applicant’s arguments, see Page 8, filed 14 July 2026, with respect to claims 18-20, 22-24, and 31 have been fully considered and are persuasive. Therefore, the §112(b) rejections of claims 18-20, 22-24, and 31 have been withdrawn.
Applicant’s arguments, see Page 8, filed 14 July 2026, with respect to claim 19 have been fully considered, but are not persuasive. Therefore, the §112(d) rejection of claim 19 has been maintained.
Applicant’s arguments, see Pages 8-11, filed 14 July 2026, with respect to claims 1-31 have been fully considered and are persuasive. Therefore, the §103 rejections of claims 1-31 have been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 19 recites “wherein the filter holder is configured as an interchange filter holder” and indirectly depends on claim 1 which recites “wherein the filter holder is designed as an interchangeable filter holder”. Aside from a slight change in wording, these limitations are identical and claim 19 does not recite anything to further limit claim 1 or claim 18, on which it directly depends.
Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
Allowable Subject Matter
Claims 1-25 and 27-32 are allowed.
The following is an Examiner’s statement of reasons for allowance:
Claims 1-25,27-32: None of the prior art of record, alone or in combination, teaches or discloses a measuring apparatus for measuring an effect of a lithography mask on measuring light, comprising:
a signal acquisition and evaluation device that is signal connected to the detector,
wherein the signal acquisition and evaluation device is configured to:
receive first measurement data from the detector with a first filter in a first orientation arranged in the beam path of the measuring light beam between the measuring light source and the detector, the first filter being one of the at least one filter,
receive second measurement data from the detector without the first filter arranged in the beam path of the measuring light beam between the measuring light source and the detector, or with the first filter in a second orientation different from the first orientation arranged in the beam path of the measuring light beam between the measuring light source and the detector, and
determine a wavelength-dependent or polarization-dependent reflectivity or transmissivity of the lithography mask based on the first measurement data and the second measurement data,
in combination with the rest of the limitations of independent claim 1.
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
Applicant's amendment necessitated the new ground of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to HINA F AYUB whose telephone number is (571)270-3171. The Examiner can normally be reached on 9am-5pm ET Mon-Fri.
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, Tarifur Chowdhury can be reached on 571-272-2287. 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.
/Hina F Ayub/
Primary Patent Examiner
Art Unit 2877
Prosecution Insights