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 .
Election/Restrictions
Applicant’s election without traverse of Invention II in the reply filed on 06/04/2026 is acknowledged.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3 and 5-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11355370. Although the claims at issue are not identical, they are not patentably distinct from each other with following reasons.
The claims of patent ’370 exactly claims all the structural requirements of the indicated claims in the instant application and their one to one correspondences are shown in below table.
Claim in 18969335
Claim in US 11355370
1
1
2
2
3
3
5
4
6
5
7
6
8
7
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mogi (US5657123) teaches a semiconductor manufacturing system (title), comprising: a nozzle comprising a first channel that enables a fluid to flow through (abstract and 44 in FIG. 3); a light source configured to emit light (col. 3 lines 47-57); and a light sensor configured to receive light (col. 1 lines 59-60), receive the light reflected from the surface by the light sensor (col. 1 lines 59-60) and examine a status of the reflected light (col. 1 lines 60-61 and col. 2 lines 39-41).
Matsumura (US 4730649) teaches the emitted light and the reflected light adapted to be contained within the fluid (col. 2 lines 57-64).
Lin (TW 200808454 A) light source and sensor arranged for detecting nozzle tip for semiconductor process.
Allowable Subject Matter
Claims 4 and 21-32 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: As to claims 4, semiconductor manufacturing systems, comprising: ..the light source and the light sensor being disposed within the first channel and opposite to each other, wherein the semiconductor manufacturing system is configured to: emit light, by the light source, from within the nozzle toward a surface while the nozzle is dispensing the fluid;.., the emitted light and the reflected light adapted to be contained within the fluid; .. wherein the emitted light and the reflected light propagate in a direction parallel to a longitudinal axis of the first channel and further configured to record the signal (indicating a status of the fluid of claim 2) subsequent to generating the signal along with other limitations in the claim.
As to claims 21 and 27, semiconductor manufacturing systems, comprising: ..the light source and the light sensor being disposed within the first channel and adjacent/face to each other, wherein the semiconductor manufacturing system is configured to: emit light, by the light source, from within the nozzle toward a surface while the nozzle is dispensing the fluid;.., the emitted light and the reflected light adapted to be contained within the fluid; .. wherein the emitted light and the reflected light propagate in a direction parallel to a longitudinal axis of the first channel along with other limitations in the claims.
Claims 22-26 and 28-32 are allowed by their dependencies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNGHEE Y GRAY whose telephone number is (571)270-3211. The examiner can normally be reached on M, W and R, 8:00 am-4:00 pm and F 8:00 to 2:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached on (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/SUNGHEE Y GRAY/
Primary Examiner, Art Unit 2886
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