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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 12/24/24, 3/26/25 and 8/21/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 1-8, 10-14, and 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10, 12-15 and 17 of U.S. Patent No. 11,679,602. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims USP 11,679,602 use slightly different terminology and are of slightly different form than the claims of the present Application. Nonetheless, it would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention that the claims of the present Application are fully covered by the claims of USP 11,679,602.
Allowable Subject Matter
Claims 9 and 15 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.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for the allowance of Claim 9 is the inclusion of the limitations wherein the fiber of the fiber-coupled laser is disposed within the optical assembly. It is these features found in the claim(s) which have not been found, taught or suggested by the prior art of record, which makes this claim allowable over the prior art.
The primary reason for the allowance of Claim 15 is the inclusion of the limitations wherein the fiber of the fiber-coupled laser is disposed within the optical assembly. It is these features found in the claim(s) which have not been found, taught or suggested by the prior art of record, which makes this claim allowable over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 101566347 B1 discloses The substrate inspection apparatus according to an embodiment of the present invention includes a moving focusing unit for moving a substrate to be transferred to a substrate, moving the substrate from the top of the transmitting unit to the inspection position of the substrate to perform focusing for imaging, A stationary photographing unit for acquiring an image of an inspection position located at the moving unit in accordance with the focusing result of the moving unit, the stationary position being fixed to one side of the transmitting unit, The substrate inspection apparatus according to the embodiment of the present invention is characterized in that the distance between the inspection coordinate and the laser oscillation section is always constant by the moving focusing section, The accuracy of the laser focusing can be maintained uniformly, and a plurality of moving focusing parts Use of simultaneous focusing state for a number of tests available to coordinate and ensure the acquisition of the rapid test image.
US 20050235913 A1 discloses A dispenser (10) has a dispensing outlet positionable and movable over a top of a substrate (14). Material from the dispenser is dispensed along a dispensing axis of the dispenser. A vision system (100) is mechanically coupled to the dispenser and is positionable to obtain images of the top surface of the substrate along an optical axis which intersects the dispensing axis.
US 8902402 B2 In an exposure station, positional information of a stage holding a wafer is measured by a first fine movement stage position measurement system including a measurement arm, and in a measurement station, positional information of a stage holding a wafer is measured by a second fine movement stage position measurement system including another measurement arm. An exposure apparatus has a third fine movement stage position measurement system which can measure positional information of a stage when the stage is carried from the measurement station to the exposure station. The third fine movement stage measurement system includes an encoder system including a plurality of Y heads and a laser interferometer system including a laser interferometer.
Communication with the PTO
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARON A POLK whose telephone number is (571)270-7910. The examiner can normally be reached M-F, 7-3.
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, Douglas Rodriguez can be reached at 571-431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SHARON A. POLK
Primary Examiner
Art Unit 2853
/Sharon Polk/ Primary Examiner, Art Unit 2853
Prosecution Insights