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 .
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 9-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 13 and 18 of U.S. Patent No. 12,210,296. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to:
Regarding claim 9, claim 11 of the patent is directed to a gas blower (claim 8, a plurality of nozzles) feeding a first stream of gas into a wafer table (claim 8, “feeding gas…through a plurality of nozzles and into an interior of the wafer table”), which encloses a wafer stage and a robot (claim 11), drawing a second stream of gas from the wafer table (claim 8, “extracting the gas through an exhaust of the wafer table”); filtering the second stream of gas to produce a third stream of gas (claim 8, “filtering extracted gas” to obtain a third stream gas or “filtered gas”), measuring a number of particles in the third stream, measuring an amount of organic material in the third stream (claim 8, “determining at least one of an amount of particles in the filtered gas or an amount of organic material in the filtered gas”), controlling the operation to refilter the third stream (claim 8, “refiltering the filtered gas if the amount of particles is above the first threshold value”, “refiltering the filtered gas if the amount of organic material is above the second threshold value”) until one or more of conditions (A) and (B) are met: (A) the number of particles in the third stream is below a threshold, and (B) the amount of organic material in the third stream of gas is below a second threshold, and return the third stream of gas to the gas blower for reuse as the first stream of gas upon the one or more of conditions (A) and (B) being met (claim 8, “recycling the filtered gas to the gas storage if the amount of particles is below a first threshold value”, “recycling the filtered gas to the gas storage if the amount of organic material is below a second threshold value”). Although the claims of the patent are directed to a method and not a system, it would have been obvious to one of ordinary skill in the art to provide the structure necessary to perform the steps of the method in order to carry out the method.
Regarding claims 10 and 11, although the claims of the patent are not explicitly directed to the third stream of gas returning by a passage to the gas blower for reuse as the first stream of gas when the conditions (A) and (B) are met, the patent is directed to the third stream of gas recycled to the gas storage, from which the gas is fed to the interior of the wafer table (claim 8). Therefore, it would have been obvious to one of ordinary skill in the art to provide a passage such as a pipe or duct so that the third stream of gas (or the filtered gas in the patent) is recycled to the gas storage where it can be fed to the wafer table by the plurality of nozzles without being lost going from the outlet of the filter to the gas storage.
Regarding claim 12, claims of the patent is directed to a plurality of nozzles (claim 8) configured to direct a first gas stream over at least a surface of an interior of the wafer table, a surface of the wafer stage, and a surface of the robot (claim 11).
Regarding claim 13, claims of the patent is directed to a vessel (gas storage) configured to store a gas of the third stream of gas before reusing the gas as the first stream of gas (claim 8).
Regarding claim 14, claim 13 of the patent is directed feeding a first stream of gas into a component chamber (claim 13, “circulating gas through the wafer table to contact the gas with one or more surfaces on an interior of the wafer table”), drawing a second stream of gas from the wafer table (claim 13, “circulating gas” suggests the gas enters the chamber and exits the chamber and re-enters the chamber); filtering the second stream of gas to produce a third stream of gas (claim 13, “filtering gas after circulation” to obtain a third stream gas or “filtered gas”), measuring a number of particles in the third stream (claim 13, “determining an amount of particles in the filtered gas”), controlling the operation to refiltering of the third stream of gas by the filter system until the number of particles in the third stream of gas is below a first threshold, and return the third stream of gas to the gas blower for reuse as the first stream of gas upon the number of particles in the third stream of gas being below the first threshold (claim 13, “refiltering the filtered gas if the amount of particles is above the first threshold value” “recycling the filtered gas for circulation through the wafer table if the amount of particles is below a first threshold value”). Although the claims of the patent are directed to a method and not a system, it would have been obvious to one of ordinary skill in the art to provide the structure necessary to perform the steps of the method in order to carry out the method.
Regarding claim 15, claim 18 of the patent is directed to wherein the component chamber comprises a wafer table, and the one or more components include a wafer stage and a handling robot (“wherein the one or more surfaces comprise one or more wafer stages and a wafer handling robot”).
Regarding claims 16 and 17, although claim 13 of the patent does not discloses that the component chamber includes an exposure device and a plurality of optical components configured to direct extreme ultraviolet radiation or a mask handling system, and the one or more components include a mask stage, claim 13 of the patent is directed to a wafer table of a photolithography system. Since s photolithography system requires a clean environment for an exposure device and optical components configured to direct EUV radiation and for a mask handling system including a mask stage, it would have been obvious to one of ordinary skill in the art to provide an exposure device and optical components configured to direct EUV radiation and a mask handling system including a mask stage for cleaning as claimed in claim 18 instead of just the wafer table for an optimal exposure processing.
Regarding claims 18-20, claim 13 of the patent is directed to measuring an amount of organic material in the third stream (“determining… an amount of organic material in the filtered gas”), refiltering of the third stream of gas by the filter system until the amount of organic material in the third stream of gas is below a second threshold (“refiltering the filtered gas if the amount of organic material is above the second threshold value “) and returning the third stream of gas to the gas blower for reuse as the first stream of gas upon the number of particles in the third stream of gas being below the first threshold and the amount of organic material in the third stream of gas being below the second threshold (“recycling the filtered gas for circulation through the wafer table if the amount of particles is below a first threshold value”, “recycling the filtered gas for circulation through the wafer table if the amount of organic material is below a second threshold value”). Although the claims of the patent are directed to a method and not a system, it would have been obvious to one of ordinary skill in the art to provide the structure necessary to perform the steps of the method in order to carry out the method.
Allowable Subject Matter
Claims 1-8 are allowed.
Claims 9-20 would be allowable if the obviousness type double patenting rejections are overcome.
The following is an examiner’s statement of reasons for allowance:
Bleeker et al. (2009/0033889) discloses a method of providing gas into a wafer table (400, Fig. 4) to extract particles and organic material (para 0042-0047). However, Bleeker at al. does not disclose filtering the extracted gas and determining an amount of the particles or organic material.
Nagasaka et al. (2007/0258072) discloses recycling and filtering clean stream of air, which maintains the temperature and pressure in the system. However, Nagasaka et al. does not disclose providing gas to extract particles or organic materials and determining the amount of the particle or organic materials.
Endo et al. (2005/0074704) discloses an immersion lithography system (Fig. 2) and purifying the immersion liquid by filtering and recycling it when the number of particles in the liquid is below a threshold (para 0085, 0102). Endo does not disclose cleaning a wafer table or a component chamber and does not disclose refiltering the gas when the amount of the particles or the organic material is above the threshold level.
Liu et al. (2022/0308464) discloses cleaning of the substrate and removing particles until the number and the size of the particle are within a threshold range and repeating the cleaning process if the size and the number of the particle are outside of the range (para 0018, 0040). However, Liu et al. does not disclose cleaning a wafer table and filtering and recycling the gas provided to the wafer table or the component chamber for cleaning.
Kim (KR 20050094976, translation provided with Office Action, page numbers refer to the translation) discloses in Fig. 2 and pages 4 and 5, a system for manufacturing a semiconductor device (abstract, 400, Fig. 2) comprising a gas blower chamber (300, filter chamber) to provide cleaning gas to the exposure unit (400) and extracting the gas and recycling the gas after filtering (14, 12), particle counter (21) for measuring the number of particle after filtering. However, Kim does not disclose refiltering the gas if the number of particles is not below a threshold. Kim merely discloses sounding an alarm and adjusting the velocity of the gas.
Regarding claim 1 with respect to double patenting rejection, claims of the patent, 12,210,296, are not directed to a valve to control a passage of the third stream and closing the valve for refiltering when the number of particle and the organic material is not below respective thresholds.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER B KIM whose telephone number is (571)272-2120. The examiner can normally be reached M-F 8:00 AM - 4:00 PM.
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/PETER B KIM/ Primary Examiner, Art Unit 2882 June 22, 2026
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