Prosecution Insights
Last updated: October 26, 2026
Application No. 19/121,669

POSITION MEASUREMENT SYSTEM AND LITHOGRAPHIC APPARATUS

Non-Final OA §112
Filed
Apr 16, 2025
Priority
Nov 10, 2022 — EU 22206565.8 +2 more
Examiner
RIDDLE, CHRISTINA A
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Holding N.V.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
761 granted / 940 resolved
+13.0% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
33 currently pending
Career history
995
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
47.5%
+7.5% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 940 resolved cases

Office Action

§112
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 . Priority Acknowledgement is made that the instant application is a national stage entry of application PCT/EP2023/077948, filed on 10/10/2023, which claims priority from EP22206565.8, filed on 11/10/2022, and from EP22214508.8, filed on 12/19/2022. Drawings The drawings are objected to because the zero order optical sensor appears to be mislabeled “ZOD” in Figs. 6 and 7. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 28, 34, 35, and 39 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. Regarding claim 28, claim 28 recites the limitation "the further reference part" in line 2. There is insufficient antecedent basis for this limitation in the claim, which depends from claim 22. However, claim 27 introduces “a further reference part of the light source beam” in line 3. It is unclear if claim 28 is meant to depend from claim 27 or if claim 28 is meant to properly introduce a further reference part. For the purposes of examination, the limitation is being interpreted as introducing a further reference part of the light source beam. Thus, claim 28 is rejected as being indefinite. Appropriate correction is required. Regarding claim 34, claim 34 recites “the respective target gratings of the at least two integrated displacement sensors” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim, which depends from claim 32. However, claim 33 introduces “at least two integrated displacement sensors” in lines 1-2. It is unclear whether claim 34 is meant to depend from claim 33 or claim 34 is meant to properly introduce target gratings and at least two integrated displacement sensors. For the purposes of examination, the limitation is being interpreted as introducing respective target gratings of at least two integrated displacement sensors. Thus claim 34 is rejected as being indefinite. Appropriate correction is required. Regarding claim 35, claim 35 recites “the respective target gratings of the at least two integrated displacement sensors” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim, which depends from claim 32. However, claim 33 introduces “at least two integrated displacement sensors” in lines 1-2. It is unclear whether claim 35 is meant to depend from claim 33 or claim 35 is meant to properly introduce target gratings and at least two integrated displacement sensors. For the purposes of examination, the limitation is being interpreted as introducing respective target gratings of at least two integrated displacement sensors. Thus claim 35 is rejected as being indefinite. Appropriate correction is required. Regarding claim 39, claim 39 recites “the lithographic apparatus of claim 37” in line 1. There is insufficient antecedent basis for this limitation in the claim, which depends from claim 37. Claim 37 recites “the position measurement system of claim 22,” whereas claim 38 recites “a lithographic apparatus.” It is unclear whether claim 39 is meant to depend from claim 38 or claim 39 is meant to recite “a lithographic apparatus.” For the purposes of examination, the limitation is being interpreted as depending from claim 38. Thus claim 39 is rejected as being indefinite. Appropriate correction is required. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 31 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 31 recites “further comprising a light source configured to emit the light source beam to the light guide” and depends upon claim 22, which depends from claim 21. However, claim 21 recites “a light guide configured to provide an optical path along a plane to guide a light source beam from a light source” in lines 2-3. Since claim 21 already requires a light source that emits a light source beam to the light guide, claim 31 does not further limit the subject matter recited in claim 22. See MPEP 608.01(n), subsection III. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Thus, claim 31 is rejected as being of improper dependent form. Appropriate correction is required. Allowable Subject Matter Claims 21-27, 29-30, 32-33, 36-38, and 40 are allowed. Claims 28, 34, 35, and 39 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter. Regarding claim 21, the prior art of record, either alone or in combination, fails to teach or render obvious a light guide configured to provide an optical path along a plane to guide a light source beam from a light source and at least two first order couplers arranged in the plane and configured to receive the first order and minus first order diffraction beams and diffract the first order and minus first order diffraction beams into the plane to form planar first order and minus first order diffraction beams; a zero order coupler arranged in the plane and configured to receive the zero order diffraction beam and to diffract the zero order diffraction beam into the plane to form a planar zero order diffraction beam; a first order and minus first order combining device configured to receive the planar first order and minus first order diffraction beams and to generate at least one first diffraction order interference optical signal using the planar first order and minus first order diffraction beams; a zero order combining device configured to receive the planar zero order diffraction beam and a reference part of the light source beam and to generate a zero diffraction order interference optical signal using the planar zero order diffraction beam and the reference part of the light source beam; a first order optical sensor arranged to receive the at least one first diffraction order interference optical signal and to generate a first diffraction order output signal in response thereto; and a zero order optical sensor arranged to receive the zero diffraction order interference optical signal and to generate a zero order output signal in response thereto. These limitations in combination with the other limitations of claim 21 render the claim non-obvious over the prior art of record. The dependent claims are likewise allowable by virtue of their dependency upon an allowable independent claim as stated above. Ura et al. (“Integrated optic head for sensing a two-dimensional displacement of a grating scale,” cited in 4/30/2025 IDS) discloses an integrated optic sensing head comprising a waveguide, two pairs of grating couplers, and two pairs of photodiodes (Figs. 1-2, page 6262, “Device Configuration and Operation Principle”). Ura does not describe or suggest a zero order coupler arranged in the plane and configured to receive the zero order diffraction beam and to diffract the zero order diffraction beam into the plane to form a planar zero order diffraction beam; a first order and minus first order combining device configured to receive the planar first order and minus first order diffraction beams and to generate at least one first diffraction order interference optical signal using the planar first order and minus first order diffraction beams; a zero order combining device configured to receive the planar zero order diffraction beam and a reference part of the light source beam and to generate a zero diffraction order interference optical signal using the planar zero order diffraction beam and the reference part of the light source beam; a first order optical sensor arranged to receive the at least one first diffraction order interference optical signal and to generate a first diffraction order output signal in response thereto; and a zero order optical sensor arranged to receive the zero diffraction order interference optical signal and to generate a zero order output signal in response thereto. Holzapfel (US PGPub 2007/0058173) discloses a position measuring device comprising a scanning plate with a grating that split the collimated light beam into 0th, 1st, and -1st order beams and gratings that direct beams to photodetectors (Fig. 5, paras. [0063]-[0066]). Holzapfel fails to describe or render obvious a zero order coupler arranged in the plane and configured to receive the zero order diffraction beam and to diffract the zero order diffraction beam into the plane to form a planar zero order diffraction beam; a first order and minus first order combining device configured to receive the planar first order and minus first order diffraction beams and to generate at least one first diffraction order interference optical signal using the planar first order and minus first order diffraction beams; a zero order combining device configured to receive the planar zero order diffraction beam and a reference part of the light source beam and to generate a zero diffraction order interference optical signal using the planar zero order diffraction beam and the reference part of the light source beam; a first order optical sensor arranged to receive the at least one first diffraction order interference optical signal and to generate a first diffraction order output signal in response thereto; and a zero order optical sensor arranged to receive the zero diffraction order interference optical signal and to generate a zero order output signal in response thereto. Holzapfel (US PGPub 2007/0271805) discloses an optical position measuring arrangement comprising a scale and a scanning unit (Figs. 1-3, para. [0038]). The scanning unit includes gratings on a scanning plate and detector elements (Figs. 1-3, paras. [0044]-[0048]). Holzapfel does not describe or render obvious a zero order coupler arranged in the plane and configured to receive the zero order diffraction beam and to diffract the zero order diffraction beam into the plane to form a planar zero order diffraction beam; a first order and minus first order combining device configured to receive the planar first order and minus first order diffraction beams and to generate at least one first diffraction order interference optical signal using the planar first order and minus first order diffraction beams; a zero order combining device configured to receive the planar zero order diffraction beam and a reference part of the light source beam and to generate a zero diffraction order interference optical signal using the planar zero order diffraction beam and the reference part of the light source beam; a first order optical sensor arranged to receive the at least one first diffraction order interference optical signal and to generate a first diffraction order output signal in response thereto; and a zero order optical sensor arranged to receive the zero diffraction order interference optical signal and to generate a zero order output signal in response thereto. Holzapfel et al. (EP2857802, cited in 4/30/2025 IDS) discloses a position measuring device comprising a scanning system including multiple split gratings from guiding radiation beams (Figs. 1-6). Holzapfel et al. does not describe or render obvious a zero order coupler arranged in the plane and configured to receive the zero order diffraction beam and to diffract the zero order diffraction beam into the plane to form a planar zero order diffraction beam; a first order and minus first order combining device configured to receive the planar first order and minus first order diffraction beams and to generate at least one first diffraction order interference optical signal using the planar first order and minus first order diffraction beams; a zero order combining device configured to receive the planar zero order diffraction beam and a reference part of the light source beam and to generate a zero diffraction order interference optical signal using the planar zero order diffraction beam and the reference part of the light source beam; a first order optical sensor arranged to receive the at least one first diffraction order interference optical signal and to generate a first diffraction order output signal in response thereto; and a zero order optical sensor arranged to receive the zero diffraction order interference optical signal and to generate a zero order output signal in response thereto. Goodwin et al. (US PGPub 2013/0048842) discloses an encoder assembly that directs planar first order beams in an arrangement that inhibits unwanted zero orders (Figs. 1-2, paras. [0096]-[0097]). Therefore, Goodwin fails to describe or suggest a zero order coupler arranged in the plane and configured to receive the zero order diffraction beam and to diffract the zero order diffraction beam into the plane to form a planar zero order diffraction beam; a first order and minus first order combining device configured to receive the planar first order and minus first order diffraction beams and to generate at least one first diffraction order interference optical signal using the planar first order and minus first order diffraction beams; a zero order combining device configured to receive the planar zero order diffraction beam and a reference part of the light source beam and to generate a zero diffraction order interference optical signal using the planar zero order diffraction beam and the reference part of the light source beam; a first order optical sensor arranged to receive the at least one first diffraction order interference optical signal and to generate a first diffraction order output signal in response thereto; and a zero order optical sensor arranged to receive the zero diffraction order interference optical signal and to generate a zero order output signal in response thereto. Swilliam et al. (US PGPub 2025/0130512) discloses an integrated optical device comprising on-axis detection and off-axis detection systems (Fig. 5, paras. [0124]-[0131) and comprises an illumination system comprising an optical coupler coupled to off-axis illumination subsystems (Figs. 6A-G, paras. [0132]-[0141]). Swilliam does not describe or render obvious a zero order coupler arranged in the plane and configured to receive the zero order diffraction beam and to diffract the zero order diffraction beam into the plane to form a planar zero order diffraction beam; a first order and minus first order combining device configured to receive the planar first order and minus first order diffraction beams and to generate at least one first diffraction order interference optical signal using the planar first order and minus first order diffraction beams; a zero order combining device configured to receive the planar zero order diffraction beam and a reference part of the light source beam and to generate a zero diffraction order interference optical signal using the planar zero order diffraction beam and the reference part of the light source beam; a first order optical sensor arranged to receive the at least one first diffraction order interference optical signal and to generate a first diffraction order output signal in response thereto; and a zero order optical sensor arranged to receive the zero diffraction order interference optical signal and to generate a zero order output signal in response thereto. Hartman (US Patent No. 5,623,561) discloses an integrated optical interferometric sensor comprising a waveguide with gratings formed to direct interfering beams of light in a plane to be detected at photodetector arrays (Figs. 1, 5, col. 8, lines 30-67, col. 16, lines 56-67, col. 17, lines 1-25). Hartman does not describe or render obvious a zero order coupler arranged in the plane and configured to receive the zero order diffraction beam and to diffract the zero order diffraction beam into the plane to form a planar zero order diffraction beam; a first order and minus first order combining device configured to receive the planar first order and minus first order diffraction beams and to generate at least one first diffraction order interference optical signal using the planar first order and minus first order diffraction beams; a zero order combining device configured to receive the planar zero order diffraction beam and a reference part of the light source beam and to generate a zero diffraction order interference optical signal using the planar zero order diffraction beam and the reference part of the light source beam; a first order optical sensor arranged to receive the at least one first diffraction order interference optical signal and to generate a first diffraction order output signal in response thereto; and a zero order optical sensor arranged to receive the zero diffraction order interference optical signal and to generate a zero order output signal in response thereto. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA A. RIDDLE whose telephone number is (571)270-7538. The examiner can normally be reached M-Th 6:30AM-5PM. 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, Minh-Toan Ton can be reached at (571)272-2303. 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. /CHRISTINA A RIDDLE/Primary Examiner, Art Unit 2882
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Prosecution Timeline

Apr 16, 2025
Application Filed
Oct 14, 2026
Non-Final Rejection mailed — §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
95%
With Interview (+14.0%)
2y 11m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 940 resolved cases by this examiner. Grant probability derived from career allowance rate.

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