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 .
Claim Rejections - 35 USC § 103
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.
Claims 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over Gehindy et al. (US 2017/0022091) in view of Kinast et al. (US 2021/0231912).
As to claim 1, Gehindy discloses a mirror substrate comprising: a material having a coefficient of mean linear thermal expansion of less than or equal to 1*10-6/K (paragraph [0020]); a maximum thickness; a lateral dimension; a ratio of the lateral dimension to the maximum thickness that is at least 100 (paragraph [0025]) or a weight per unit area that is 100 kg/m² or less (paragraph [0026]).
Gehindy does not disclose that the mirror surface has an average roughness (Ra) of at most 3.5 µm. Kinast discloses in paragraph [0020], providing an RMS roughness of less than 5 nm in order to obtain high reflectivity. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gehindy by providing a RMS roughness of less than 5 nm in order to obtain high reflectivity. An RMS roughness less than 5 nm provides an average roughness (Ra) of at most 3.5 µm.
As to claim 2, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses a ratio of the lateral dimension of the substrate to the maximum thickness of the substrate that is at least 100 (paragraph [0025]; and a weight per unit area of the substrate that is 100 kg/m² or less (paragraph [0026]).
As to claim 3, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the coefficient of mean linear thermal expansion is less than or equal to 0.05*10-6/K (paragraph [0020]).
As to claim 4, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the ratio of the lateral dimension of the maximum thickness of at least 150 (paragraph [0025]).
As to claim 5, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the ratio of the lateral dimension of the maximum thickness of at least 200 (paragraph [0025]).
As to claim 6, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the ratio of the lateral dimension of the maximum thickness of at least 300 (paragraph [0025]).
As to claim 7, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the weight per unit area is 50 kg/m2 or less (paragraph [0026]).
As to claim 8, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the weight per unit area is 30 kg/m2 or less (paragraph [0026]).
As to claim 9, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the weight per unit area is 15 kg/m2 or less (paragraph [0026]).
As to claim 10, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Kinast discloses in paragraph [0020], providing an RMS roughness of less than 5 nm in order to obtain high reflectivity. An RMS roughness less than 5 nm provides an average roughness (Ra) of less than 1.2 µm.
As to claim 11, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the lateral dimension (diameter) is at least 200 mm (paragraph [0046]).
As to claim 12, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the lateral dimension (diameter) is at least 1000 mm (paragraph [0046]).
As to claim 13, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the lateral dimension (diameter) is at most 4500 mm (paragraph [0046]).
As to claim 14, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the lateral dimension (diameter) is at least 200 mm and at most 4500 mm (paragraph [0046]).
As to claim 15, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 14. Gehindy further discloses wherein the maximum thickness is at most 40 mm (paragraph [0047]).
As to claim 16, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the maximum thickness is at most 50 mm (paragraph [0047]).
As to claim 17, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the lateral dimension (diameter) is at least 200 mm and at most 1000 mm (paragraph [0046]).
As to claim 18, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 17. Gehindy further discloses wherein the maximum thickness is at most 10 mm (paragraph [0047]).
As to claim 19, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the maximum thickness is at most 2 mm (paragraph [0047]).
As to claim 20, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Kinast discloses in paragraph [0020], a root mean square roughness (RMS) of less than 2 nm.
As to claim 21, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the mirror surface has a polished finish (paragraph [0005]).
As to claim 22, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the material comprises at least one material selected from a group consisting of a glass ceramic, a lithium aluminum silicate glass ceramic, a high-quartz solid solution lithium aluminum silicate glass ceramic, a Ti-doped synthetic silica glass, a ceramic, a cordierite ceramic, and an SiC ceramic (paragraph [0022]).
As to claim 23, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses wherein the material consists of one material selected from a group consisting of a glass ceramic, a lithium aluminum silicate glass ceramic, a high-quartz solid solution lithium aluminum silicate glass ceramic, a Ti-doped synthetic silica glass, a ceramic, a cordierite ceramic, and an SiC ceramic (paragraph [0022]).
As to claim 24, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses in figures 2-3, wherein the substrate has a circular shape.
As to claim 25, Gehindy in view of Kinast disclose all of the elements of the claimed invention discussed above regarding claim 1. Gehindy further discloses a highly reflective layer on the mirror surface (paragraph [0022]).
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Gehindy et al. (US 2017/0022091) in view of Freimann et al. (DE 102014216456) or Murakami (JP 08068897).
As to claim 26, Gehindy discloses in figures 4-5: a mirror substrate 20 that has a material having a coefficient of mean linear thermal expansion of less than or equal to 1*10-6/K (paragraph [0020]), a ratio of the lateral dimension to the maximum thickness that is at least 100 (paragraph [0025]), and a weight per unit area that is 100 kg/m² or less (paragraph [0026]); a support 10 that supports the mirror substrate during processing, transport, or both processing and transport (see abstract); and a surface of the support, wherein the surface of the support and a surface of the mirror substrate that is bearing on the surface of the support have opposite complementary curvatures.
Gehindy does not disclose that the support includes a material having a coefficient of mean linear thermal expansion of less than or equal to 1 * 10-6/K. Freimann et al and Murakami each teach it is well known to support a mirror substrate (13,2), respectively, with a support (14,1), respectively, wherein the mirror substrate and support are both provided with a material having a coefficient of mean linear thermal expansion of less than or equal to 1 * 10-6/K in the same field of endeavor for the purpose reducing separate and/or different thermal expansion characteristics of the system. Therefore, it would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the support material of Gehindy to include a coefficient of mean linear thermal expansion which substantially matches the mirror substrate having a value less than or equal to 1 * 10-6/K, as taught by Freimann et al or Murakami, in order to reduce separate and/or different thermal expansion characteristics of the system, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a support for a mirror substrate. Note: Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) and In re Leshin, 125 USPQ 416.
As to claim 27, Gehindy in view of Freimann or Murakami discloses all of the elements of the claimed invention discussed above regarding claim 26. Gehindy further discloses wherein the surface of the support is partially covered with an intermediate material so that the intermediate material is applied on the surface in the form of spaced-apart portions to define a radially symmetrical pattern of the spaced-apart portions of the intermediate material (paragraph [0030], anti-adhesive coating and/or a seal).
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 1-23 and 25-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-9, 14 and 24 of U.S. Patent No. 12,265,240 in view of Kinast et al. (US 2021/0231912.
As to claim 1, patented claim 1 recites: a mirror substrate comprising: a material having a coefficient of mean linear thermal expansion of less than or equal to 1*10-6/K; at least one feature selected from a group consisting of: a ratio of a lateral dimension to a maximum thickness of at least 100.
Patented claim 1 does not recite an average roughness of at most 3.5 µm. Kinast discloses in paragraph [0020], providing an RMS roughness of less than 5 nm in order to obtain high reflectivity. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the patented claim by providing a RMS roughness of less than 5 nm in order to obtain high reflectivity. An RMS roughness less than 5 nm provides an average roughness (Ra) of at most 3.5 µm.
As to claim 2, patented claim 24 recites: a ratio of a lateral dimension to a maximum thickness of at least 100; and a weight per unit area of 100 kg/m2 or less.
As to claim 3, patented claim 2 recites: wherein the coefficient of mean linear thermal expansion of the material is less than or equal to 0.05*10-6/K.
As to claim 4, patented claim 1 recites: a ratio of the lateral dimension to the maximum thickness of at least 150.
As to claim 5, patented claim 1 recites: a ratio of the lateral dimension to the maximum thickness of at least 200.
As to claim 6, patented claim 1 recites: a ratio of the lateral dimension to the maximum thickness of at least 300.
As to claim 7, patented claim 24 recites: a weight per unit area of 50 kg/m2 or less.
As to claim 8, patented claim 24 recites: a weight per unit area of 30 kg/m2 or less.
As to claim 9, patented claim 24 recites: a weight per unit area of 15 kg/m2 or less.
As to claim 10, patented claim 24 recites: a mirror surface with a roughness (Ra) of less than 1.2 µm.
As to claim 11, patented claim 5 recites: wherein the lateral dimension is at least 200 mm and/or at most 4500 mm.
As to claim 12, patented claim 5 recites: wherein the lateral dimension is at least 200 mm and/or at most 4500 mm.
As to claim 13, patented claim 5 recites: wherein the lateral dimension is at least 200 mm and/or at most 4500 mm.
As to claim 14, patented claim 5 recites: wherein the lateral dimension is at least 200 mm and/or at most 4500 mm.
As to claim 15, patented claim 4 recites: wherein the maximum thickness is 2 mm or less.
As to claim 16, patented claim 4 recites: wherein the maximum thickness is 2 mm or less.
As to claim 17, patented claim 5 recites: wherein the lateral dimension is at least 200 mm and/or at most 4500 mm.
As to claim 18, patented claim 4 recites: wherein the maximum thickness is 2 mm or less.
As to claim 19, patented claim 4 recites: wherein the maximum thickness is 2 mm or less.
As to claim 20, patented claim 6 recites: wherein the mirror surface has a roughness (RMS) of less than 2 nm.
As to claim 21, patented claim 7 recites: wherein the mirror surface has a polished finish.
As to claim 22, patented claim 8 recites: wherein the material is selected from a group consisting of a glass ceramic, a lithium aluminum silicate glass ceramic, a high-quartz solid solution lithium aluminum silicate glass ceramic, a Ti-doped synthetic silica glass, a ceramic, a cordierite ceramic, and an SiC ceramic.
As to claim 23, patented claim 8 recites: wherein the material is selected from a group consisting of a glass ceramic, a lithium aluminum silicate glass ceramic, a high-quartz solid solution lithium aluminum silicate glass ceramic, a Ti-doped synthetic silica glass, a ceramic, a cordierite ceramic, and an SiC ceramic.
As to claim 25, patented claim 9 recites: wherein the mirror surface has a highly reflective layer on the mirror surface.
As to claim 26, patented claim 24 recites: An assembly comprising: a mirror substrate that has a material having a coefficient of mean linear thermal expansion of less than or equal to 1*10−6/K and at least one feature selected from a group consisting of: a ratio of a lateral dimension to a maximum thickness of at least 100, a ratio of the lateral dimension to the maximum thickness of at least 150, a ratio of the lateral dimension to the maximum thickness of at least 200, a ratio of the lateral dimension to the maximum thickness of at least 300, a weight per unit area of 100 kg/m2 or less, a weight per unit area of 50 kg/m2 or less, a weight per unit area of 30 kg/m2 or less, a weight per unit area of 15 kg/m2 or less, a mirror surface with a roughness (Ra) of at most 3.5 µm, and a mirror surface with a roughness (Ra) of less than 1.2 µm; and a support that supports the mirror substrate during processing, transport, or both processing and transport and comprises a material having a coefficient of mean linear thermal expansion of less than or equal to 1*10−6/K, wherein a surface of the support and a surface of the mirror substrate which is bearing on the surface of the support have opposite complementary curvatures.
As to claim 27, patented claim 14 recites: wherein the surface of the mirror support is partially covered with an intermediate material so that the intermediate material is applied on the surface in the form of spaced-apart portions so as to define a radially symmetrical pattern of the spaced-apart portions of the intermediate material.
Conclusion
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/DAVID Y CHUNG/Primary Examiner, Art Unit 2871
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