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.
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Claims 1-9 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5, 6, 9-11 and 14 of U.S. Patent No. 12,228,863. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Regarding claim 1, claim 5 of the patent is directed to a system an EUV light source, comprising: performing a plurality of temperature measurements to determine a first temperature in a space surrounded by a plurality of vanes as a function of time (“a first temperature sensor comprising a portion inserted into a space surrounded by a plurality of vanes through a vane of the plurality of vanes”, “the first temperature sensor is configured to obtain an ambient temperature decreasing with time”, inherently in order to sense decreasing temperature a plurality of measurement is performed) ; determining a decrease of the first temperature vs. time (“obtain an ambient temperature decreasing with time”); and performing a cleaning operation (“determine an excess tin debris deposition on the vane based on the obtained chamber ambient temperature”, “activate a vane cleaning action upon being informed of the excess tin debris deposition”). Although the claim of the patent is not directed to a method and is not directed to performing cleaning operation at a time when the first temperature has decreased below a first threshold temperature value, it would have been obvious to one of ordinary skill in the art to provide the method of monitoring from the system which is configured to perform the method and to perform the cleaning operation when the first temperature has decreased below a first threshold temperature value since the patent is directed to a system obtaining the decrease in temperature with time and the cleaning operation which suggests the determination of the excess debris is based on the temperature decreasing below a certain threshold.
Regarding claim 2, claim 5 of the patent is directed to determining that the decrease of the first temperature vs. time is due to a tin (Sn) contamination coating on a first temperature sensor inserted into the space that is used to determine the first temperature (“a first temperature sensor comprising a portion inserted into a space “, “an ambient temperature decreasing with time as a function of accumulated tin (Sn) contamination coating on the inserted portion”).
Regarding claim 3, claim 10 of the patent is directed to determining a second temperature of one of the plurality of vanes; determining a difference between the first temperature and the second temperature; and determining an excess tin debris deposition based on a result of the difference.
Regarding claim 4, claim 10 of the patent is directed to wherein determining the excess tin debris deposition further comprises detecting a difference between the second temperature and the first temperature equal to or greater than a second threshold temperature value.
Claim 5 corresponds to claim claim 11 of the patent.
Regarding claim 6, claim 14 of the patent is directed to wherein performing the cleaning operation further comprises heating the plurality of vanes to remove the excess tin debris deposition (“the heater to heat up the vane to a heated up temperature to remove the excess tin debris deposition from the vane”).
Claim 7 corresponds to claim 6 of the patent.
Regarding claim 8, claim 9 of the patent is directed to wherein determining the second temperature further comprises measuring the second temperature with a second temperature sensor (claim 8) that comprises a resistance temperature detector, a thermocouple sensor, or an infrared thermometer (claim 9).
Regarding claim 9, claim 14 of the patent is directed to a system of an EUV light source, the system comprising: a first temperature sensor comprising an inserted portion that is inserted into a space surrounded by a plurality of vanes through a vane of the plurality of vanes (claim 5); a signal processor configured to determine a decrease in a first temperature measured by the first temperature sensor (claim 5); a heater attached to the plurality of vanes (claim 14); and a process controller configured to activate the heater to perform a vane cleaning action based on the decrease in the first temperature (claims 5 and 14).
Regarding claim 17, claim 14 of the patent is directed to a system of an EUV light source, comprising: a temperature sensor configured to determine a first temperature in a space surrounded by a plurality of vanes (claim 5); a heater attached to the plurality of vanes (claim 14); and a controller configured to perform operations comprising: performing a plurality of temperature measurements to determine a first temperature in the space as a function of time (controller inherent to claim 5); determining a decrease of the first temperature vs. time (claim 5, “an ambient temperature decreasing with time”); and activating the heater to perform a cleaning operation at a time when the first temperature has decreased below a first threshold temperature value (claims 5 and 14).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1, 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsai et al. (Tsai) (2022/0413398).
Regarding claim 1, Tsai discloses monitoring an EUV light source (102, Fig. 1, para 0018) comprising: performing a plurality of temperature measurements to determine a first temperature in a space surrounded by a plurality of vanes (202, 304A-1, 304A-2, 304A-3, Fig. 3A, 3B, para 0034) as a function of time (para 0040, “temperature monitoring” means plurality of measurement, determining “hot spot” and “cold spot” would require a plurality of measurements in time); determining a decrease of the first temperature (para 0040, 0057, “cold spot” “a temperature is significantly lower than the setpoint temperature”); and performing a cleaning operation at a time when the first temperature has decreased below a first threshold temperature value (para 0057, “a temperature is significantly lower than the setpoint temperature”, para 0042, “localized thermal control”, para 0123, “thermal control system is capable of removing … tin clogging and tin splitting”). Although Tsai does not disclose determining a decrease of the first temperature vs. time, Tsai discloses monitoring the temperature over time until it decreases below a threshold temperature (para 0057, “cold spot”). Therefore, it would have been obvious to one of ordinary skill in the art to determine a decrease of the first temperature vs. time by periodically measuring the temperature so that immediate action is taken when the temperature drops below the threshold.
Regarding claim 8, Tsai discloses wherein determining the first temperature further comprises measuring the first temperature with a first temperature sensor that comprises a resistance temperature detector, a thermocouple sensor, or an infrared thermometer (para 0040, “thermocouples, resistance temperature detectors (RDTs), thermistors, and/or other types of temperature sensors”).
Regarding claim 17, Tsai discloses a system of an EUV light source (102, Fig. 1, para 0018), comprising: a temperature sensor (310A-1, Fig. 3B, para 0039) configured to determine a first temperature in a space surrounded by a plurality of vanes (202, 304A-1, Fig. 3A, 3B); a heater (306A-1) attached to the plurality of vanes; and a controller (inherent) configured to perform operations comprising: performing a plurality of temperature measurements to determine a first temperature in the space as a function of time (para 0040, “temperature monitoring” means plurality of measurement, determining “hot spot” and “cold spot” would require a plurality of measurements in time); determining a decrease of the first temperature (para 0040, 0057, “cold spot” “a temperature is significantly lower than the setpoint temperature”); and activating the heater to perform a cleaning operation at a time when the first temperature has decreased below a first threshold temperature value(para 0057, “a temperature is significantly lower than the setpoint temperature”, para 0042, “localized thermal control”, para 0123, “thermal control system is capable of removing … tin clogging and tin splitting”). Although Tsai does not disclose determining a decrease of the first temperature vs. time, Tsai discloses monitoring the temperature over time until it decreases below a threshold temperature (para 0057, “cold spot”). Therefore, it would have been obvious to one of ordinary skill in the art to determine a decrease of the first temperature vs. time by periodically measuring the temperature so that immediate action is taken when the temperature drops below the threshold.
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsai et al. (Tsai) (2022/0413398) in view of Nakano (2020/0363728).
Regarding claim 9, Tsai discloses a system of an EUV light source (102, Fig. 1, para 0018), the system comprising: a first temperature sensor (310A-1, para 0040) at a space (Fig. 3B) surrounded by a plurality of vanes through a vane of the plurality of vanes (202, 304A-1, Fig. 3A, 3B, para 0040); a signal processor configured to determine a decrease in a first temperature measured by the first temperature sensor (para 0040, 0057, “cold spot”); a heater (306A-1) attached to the plurality of vanes (Fig. 3B, para 0039); and a process controller configured to activate the heater to perform a vane cleaning action based on the decrease in the first temperature (para 0042, “localized thermal control”, para 0123, “thermal control system is capable of removing … tin clogging and tin splitting”). However, Tsai does not disclose that the temperature sensor comprises an inserted portion. Nakano discloses in para 0269 and Fig. 15 and 16 a temperature sensor (100) comprising an inserted portion. Therefore, it would have been obvious to one of ordinary skill in the art to provide a temperature sensor of Nakano to the invention of Tsai in order to measure the temperature between the plurality of vanes by inserting the temperature sensor as taught by Nakano.
Regarding claim 11, Tsai discloses wherein the first temperature sensor comprises a resistance temperature detector, a thermocouple sensor, or an infrared thermometer (para 0040, “thermocouples, resistance temperature detectors (RDTs), thermistors, and/or other types of temperature sensors”).
Allowable Subject Matter
Claims 10, 12-16 and 18-20 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 claims of patent 12,228,863 is not directed to the dependent claims 10-16 and 18-20.
Regarding claim 10, Tsai discloses determining a “hot spot” where the temperature is above a threshold value or a “cold spot” where the temperature is below a threshold value, both instances that could lead to an excess debris deposition (para 0056, 0057) but does not determine an excess tin debris deposition on the vane based on the temperature.
Regarding claim 18, Tsai does not disclose the decrease of the first temperature vs. time is due to a tin (Sn) contamination coating on a first temperature sensor inserted into the space. Tsai does not disclose the contamination coating on the temperature sensor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kouge et al. (2021/0029811) discloses an EUV system (Fig. 5) comprising temperature sensors (8d, 2d, 7d, 23d, para 0140, 0141) near EUV chamber. However, Kouge et al. does not disclose determining a decrease of the temperature and performing a cleaning operation.
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/PETER B KIM/ Primary Examiner, Art Unit 2882 August 8, 2026
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