Prosecution Insights
Last updated: October 02, 2026
Application No. 18/941,459

POSITION FEEDBACK SENSOR USING OUT-OF-BAND WAVELENGTHS

Non-Final OA §102§103§112
Filed
Nov 08, 2024
Priority
Nov 21, 2023 — provisional 63/601,232 +1 more
Examiner
TRAN, JUDY DAO
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
KLA Corporation
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
66 granted / 84 resolved
+10.6% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
15 currently pending
Career history
102
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
18.3%
-21.7% vs TC avg
§112
24.9%
-15.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 84 resolved cases

Office Action

§102 §103 §112
CTNF 18/941,459 CTNF 98147 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 112 07-34-01 Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Line 8 of claim 1 recites the limitation "a second spectral component" in “…positioned to primarily receive a second spectral component of the beam of light”. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “a second spectral component” is referring back to “the second spectral component” as recited in lines 5-6 of claim 1, or referring to another second spectral component altogether. As best understood and therefore interpreted, “a second spectral component” as recited in line 8 is referring to the same second spectral component as cited in lines 5-6 of claim 1. Claims 2-9 are rejected by virtue of their dependence on claim 1. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-12-aia AIA (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. 07-15 AIA Claim s 1-2, 4-5, 7-9-11, 13-14, and 16-18 are rejected under 35 U.S.C. 102( a)(1) and 120(a)(2 ) as being anticipated by Liebenberg (US 20160313179 A1) . Regarding Claims 1 and 10, Liebenberg does teach a system and method comprising: an assembly (Fig. 8: beam position sensor 810) in a path of a beam of light ([0084]: Fig. 10 is an optical system in which beam position sensor 810 (Fig. 8) can be used. The beam position sensor can be placed within region 112 on the beam path 1005 [0088]. The beam position sensor can also be placed at any location along the beam path 1005 [0094].) , wherein the assembly defines an aperture (Fig. 8: region 812 which is the same as region 112 as shown in Fig. 1 and described in [0041] where region 112 is transparent, open, or otherwise passes light beam from a first side of the beam position sensor to a second side of the beam position sensor (shown in Fig. 1A).) in the assembly, wherein a first spectral component (first band of wavelengths from [0073]) and a second spectral component (second band of wavelengths from [0073]) of the beam of light ([0073]: Beam position sensor 810 includes eight sensors, four or which are sensitive to a first band of wavelengths and four of which are sensitive to a second band of wavelengths where the wavelengths in the first and second bands are different from each other.) are projected through the aperture (shown in Fig. 8) , and wherein the first spectral component and the second spectral component have different wavelengths ([0073]: First and second bands of wavelengths are different from each other.) ; a sensor (Fig. 8: beam position sensor 810) that defines four sensor sections disposed around the aperture (Fig. 8: Sensors 818a-818b make up the first section, sensors 818c-818d make up the second section, sensors 818e-818f make up the third section, and sensors 818g-818g make up the fourth section disposed around the region 812.) , wherein the sensor is positioned to primarily receive a second spectral component of the beam of light ([0073]: Beam position sensor 810 can be used to detect two different light sources that produce light of different wavelengths or a single light source that produces beams of different wavelength. In the case where the beam position sensor 810 is used to detect two different light sources, four sensors out of the eight sensors 818a-818h are sensitive to a second band of wavelengths which means they primarily detect the second spectral component.) ; and a processor (processor from Abstract) in electronic communication with the sensor, wherein the processor is configured to determine a position of the beam of light relative to the aperture using information from the sensor (Abstract; [0046]: Control system receives data that indicates the position of the light beam relative to region 112 ([0041]: region 112 can be an opening to pass light) from the beam position sensor where the control system includes a processor.) . Regarding Claims 2 and 11, Liebenberg teaches the system of claim 1 and method of claim 10. Liebenberg further teaches a plasma light source ([0085]: Light source 1000 (Fig. 10) is a laser produced plasma extreme ultraviolet light source.) that generates the light. Regarding Claims 4 and 13, Liebenberg teaches the system of claim 1 and method of claim 10. Liebenberg further teaches that each of the sensor sections is disposed on the assembly adjacent to the aperture (shown in Fig. 8 where sensors 818a-818h are adjacent to region 812) . Regarding Claims 5 and 14, Liebenberg teaches the system of claim 1 and method of claim 10. Liebenberg further teaches a plurality of reflective elements (Fig. 5B: sides 526) ([0073]: Fig. 8 Is similar to the beam position sensor 510 (Figs. 5A-5C) except that the beam position sensor 810 includes eight sensors 818a-818h. [0062-0064]: Light in the outer portion of the beam 503 is reflected from side 526 to a sensing region 519.) disposed on the assembly adjacent to the aperture (shown in Figs. 5A-5B) , wherein each of the reflective elements reflects the part of the second spectral component to a corresponding one of the sensor sections ([0062-0064]: Light in the outer portion of the beam 503 is reflected from side 526 to a sensing region 519 of each sensor.; [0067]: “The side 526 of the spatial filter 525 can be made of any material that reflects the wavelengths of the light beam 503.” Therefore, side 526 could be made of material to reflect the second spectral component.) . Regarding Claims 7 and 16, Liebenberg teaches the system of claim 1 and method of claim 10. Liebenberg further teaches that the first spectral component has a wavelength of 13.5 nm ([0085]: Light source is an extreme ultraviolet (EUV) light source which includes the wavelength of 13.5 nm.) . Regarding Claims 8 and 17, Liebenberg teaches the system of claim 1 and method of claim 10. Liebenberg further teaches that the second spectral component has a longer wavelength than the first spectral component ([0094]: Beam position sensor 810 includes two different types of sensors which are sensitive to a different wavelength where for the wavelengths to be different, one of the spectral components (which could be the second spectral component) would necessarily need to be longer in wavelength than the other spectral component, which could be the first spectral component.) . Regarding Claim 9, Liebenberg teaches the system of claim 1. Liebenberg further teaches that the first spectral component is inside the second spectral component ([0073]: Beam position sensor 810 can be used to detect a single light source that produces beams of different light wavelengths. The single light source would have a spectral component (which could be the first spectral component) that is inside the other spectral component (which could be the second spectral component). The beam position sensor 810 can also detect two different light sources that produce light of different wavelengths where at least some of the wavelengths in the first and second bands are different, therefore there is an overlap of range of wavelengths between the first and second band which would have a first spectral component inside the second spectral component.) . Regarding Claim 18 Liebenberg teaches the method of claim 10. Liebenberg further teaches sending instructions, using the processor, to adjust a position of the beam of light based on the position (Fig. 9: step 920 is an adjustment of the position of the light beam based on the determined position [0081-0083]) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-21-aia AIA Claim s 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Liebenberg (US 20160313179 A1) . Regarding Claims 3 and 12, Liebenberg teaches the system of claim 1 and method of claim 10. Liebenberg appears to be silent to the sensor sections are each a photodiode, a photocathode, or a thermocouple. However, in Liebenberg, the position of the light beam 203 relative to region 112 is determined by comparing the intensity of the light sensed at each of the plurality of sensors 118 (which also applies for sensors 818a-818h from Fig. 8) [0078]. One of ordinary skill in the art would have found it obvious that a photodiode could be used to detect light intensity because the use of photodiodes to detect intensities of light is well-known. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Liebenberg so that the sensor sections are each a photodiode, a photocathode, or a thermocouple. One of ordinary skill in the art would have found it obvious to combine prior art elements according to known methods (use of photodiode) to yield predictable results (for measuring light intensity) (MPEP 2143 (I)(A)) . 07-21-aia AIA Claim s 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Liebenberg (US 20160313179 A1) and in view of Bilcu (US 20150042850 A1) . Regarding Claims 6 and 15, Liebenberg teaches the system of claim 1 and method of claim 10. Liebenberg appears to be silent to having a diffractive element disposed in a path of the beam of light, wherein the diffractive element directs the first spectral component through the aperture and the part of the second spectral component to the sensor sections. Bileu, related to diffraction gratings, does teach a diffractive element (Fig. 3: diffraction grating 10) disposed in a path of the beam of light (Fig. 3: light ray 41) , wherein the diffractive element directs the first spectral component (Fig. 3: spectral component 52) through the aperture (shown in annotated Fig. 3 below where an aperture is a small and often narrow opening, especially one that allows light into a camera (definition taken from dictionary.cambridge.com). As shown in annotated Fig. 3 below, the area pointed to by the arrow is the opening that allows light into the image sensor 72.) and the part of the second spectral component (Fig. 3: spectral component 51 or 53) to the sensor sections (Fig. 3: image sensors 31 or 33) . It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Liebenberg to incorporate a diffractive element disposed in a path of the beam of light, wherein the diffractive element directs the first spectral component through the aperture and the part of the second spectral component to the sensor sections, as disclosed by Bilcu. The use of diffractive elements is known in the field of endeavor. Therefore, one of ordinary skill in the art would have found it obvious to combine prior art elements according to known methods (use of diffractive elements) to yield predictable results (to direct different spectral components of incident light in different directions to best optimize measurements) (MPEP 2143 (I)(A)). PNG media_image1.png 342 654 media_image1.png Greyscale Other References Considered but not Cited Bakker (US 20080129991 A1), related to an alignment system for spectroscopic analysis where a quadrant detector is used (shown in Fig. 2-3). Masnaghetti (US 20160372304 A1), related to image beam stabilization where a quadrant detector with an aperture in the center is used (see Fig. 1D [0044]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUDY DAO TRAN whose telephone number is (571)270-0085. The examiner can normally be reached Mon-Fri. 9:30am-5:00pm EST. 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, Michelle Iacoletti can be reached at (571) 270-5789. 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. /JUDY DAO TRAN/Examiner, Art Unit 2877 /MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877 Application/Control Number: 18/941,459 Page 2 Art Unit: 2877 Application/Control Number: 18/941,459 Page 3 Art Unit: 2877 Application/Control Number: 18/941,459 Page 4 Art Unit: 2877 Application/Control Number: 18/941,459 Page 5 Art Unit: 2877 Application/Control Number: 18/941,459 Page 6 Art Unit: 2877 Application/Control Number: 18/941,459 Page 7 Art Unit: 2877 Application/Control Number: 18/941,459 Page 8 Art Unit: 2877 Application/Control Number: 18/941,459 Page 9 Art Unit: 2877 Application/Control Number: 18/941,459 Page 10 Art Unit: 2877
Read full office action

Prosecution Timeline

Nov 08, 2024
Application Filed
Apr 02, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12736403
SPECTRAL IMAGE SENSORS AND ELECTRONIC APPARATUSES INCLUDING THE SAME
3y 8m to grant Granted Sep 15, 2026
Patent 12736461
DEVICE WITH A MEASURING CELL FOR MEASURING A MEASURED VARIABLE OF A MEDIUM FLOWING THROUGH A MEASURING CELL
2y 5m to grant Granted Sep 15, 2026
Patent 12730253
OPTICAL TEST APPARATUS AND OPTICAL TEST METHOD
3y 3m to grant Granted Sep 08, 2026
Patent 12716809
PRECISION NON-CONTACT MEASUREMENT OF CORE-TO-FERRULE OFFSET VECTORS FOR FIBER OPTIC ASSEMBLIES
2y 9m to grant Granted Aug 25, 2026
Patent 12656263
RAPID DIAGNOSTIC KIT READER
2y 4m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
98%
With Interview (+19.5%)
2y 8m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 84 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month