throbber
Attorney Docket: 081468103 763 39
`Client Reference: P—2100.001—US
`
`IN THE UNITED STATES PATENT AND TRADBIVIARK OFFICE
`
`In re PATENT APPLICATIONof:
`
`MODDERMAN
`
`Confirmation Number: 5188
`
`Application No; 12/327,414 ‘
`
`‘
`
`Filed: December 3, 2008
`
`p
`
`p
`
`v
`
`-
`,
`Group Art Unit: 2851
`, Examiner: NGUYEN, HUNG
`
`Title: LITHOGRAPHIC APPARATUS AND DEVICE MANUFACTURING METHOD
`
`AMENDMENT UNDER 37 (1F.R. § 1.111
`
`Date: Ju1y0552011
`
`Mail Stop Amendment
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 223 13—1450
`
`Sir:
`
`In response to the Office Action dated April 14, 2011‘, the date for responding being
`
`July 14, 2011, please amend. the above identified application as follows:
`
`402875456“
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`Nikon
`
`Exhibit1012
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`Page1
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`Nikon Exhibit 1012 Page 1
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`

`

`MODDERMAN
`
`-
`
`Attorney Docket: 081468-0376339 '
`
`IN THE SPECIFICATION:
`
`Please amend paragraph. [0001] as follows:
`
`[0001] This application is continuation of oo—pending U.ST Patent Application No.
`11f015,766, entitled “Lithographic Apparatus and Device Manufacturing Method”, filed on
`
`December 20, 2004, HOW US. Patent No. 7 528 931 the content of which is incorporated
`
`herein in its entirety by reference.
`
`402875450v1
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`Nikon
`
`Exhibit 1012
`
`Page 2
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`Nikon Exhibit 1012 Page 2
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`

`

`_
`' MODDERMAN
`Attorney Docket: 081468-0376339
`
`IN THE CLAIMS:
`
`-
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application:
`
`I. —- 20. (Cancelled)
`
`21.
`
`(Currently Amended) A lithographic apparatus configured to project a patterned
`
`beam of radiation onto a substrate, the apparatus comprising:
`
`‘
`
`~ a substrate table connected to a positioning system configured to displace the
`substrate table into and out of a path of the patterned beam of radiation, the substrate table .
`- configured to hold a substrate; and
`
`a sensor table connected to a positioning system configured to position the sensor
`
`table into the path of the patterned beam of radiation When the substrate table is displaced out
`
`of the path of the patterned beam of radiation, the sensor table including a plurality of
`different sensors that are each configured to sense a different characteristic of radiation ofthe
`
`patterned beam of radiation projected to the sensor table.
`
`22.
`
`(Previously Presented) The apparatus of claim 21, wherein the sensors include at
`
`'
`
`least sensors selected from the group comprising; an energy sensor, a transmission image
`
`sensor, a polarization sensor, and a shearing interferometer sensor.
`
`23.
`
`(Previously Presented) The apparatus of claim 21, wherein the sensors include a
`
`shearing interferometer configured to determine an aberration of a projection system
`
`configured to project the patterned beam of radiation.
`
`24.
`
`(Previously Presented) The apparatus of claim 21, wherein the plurality of different
`
`sensors includes a first sensor configured to sense a wavefront aberration of the radiation and
`
`a second sensor configured to sense an aerial image of the radiation.
`
`(Previously‘Presented) The apparatus of claim 21, wherein the plurality of different
`'
`25.
`sensors are provided in a central area on an upper surface of the sensor table.
`
`43257545011
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`Nikon
`
`Exhibit 1012
`
`Page 3
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`Nikon Exhibit 1012 Page 3
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`

`

`MODDERMAN
`
`Attorney Docket: 081468-0376?) 39
`
`26.
`
`(Previously Presented) The apparatus of claim 21 , further comprising a liquid supply '
`
`system configured to supply a liquid to a space between a projection system configured to
`project the patterned beam of radiation'and the substrate, and wherein the sensor table
`provides a surface to at least partly bound the space when the substrate table is displaced out
`
`of the path of‘the patterned beam of radiation.
`
`27.
`
`(Previously Presented) The apparatus of claim 21, further comprising a controller
`
`Configured to control the positioning system to position the sensor table into the path of the
`
`patterned beam of radiation in synchronism with displacement of the substrate table out of the
`
`path of the patterned beam of radiation.
`
`28.
`
`(Previously Presented) The apparatus of claim 21, wherein the positioning system
`
`includes a first movable part extending along a first direction and coupled to the substrate
`
`table and a stationary part extending along a second direction and coupled to the first
`
`movable part such that the first movable part is movable along the second direction, the first
`
`direction being substantially perpendicular to the 'seCond direction.
`
`(Previously Presented) The apparatus of claim 21, further comprising an additional
`29.
`substrate table.
`
`30.
`
`(Previously Presented) The apparatus of claim 21, wherein the sensor table is not
`
`configuredto hold a. substrate.
`
`31.
`
`(Currently Amended) A lithographic apparatus configured to project a patterned
`
`beam of radiation onto a substrate, the apparatuscomprising:
`
`a first table connected to a positioning system configured to displace the first table
`into and out of a path of the patterned beam of radiation: the first table being configured to I
`hold aisubstrate; and
`i
`a second table connected to a positioning system configured to position the second
`
`table into the path of the patterned beam of radiation when the first table is displaced out of
`
`the path of the patterned beam of radiation, the second table being substantially only
`
`configured to sense serious different characteristics of radiation of the patterned beam of
`
`radiation projected to the second table;
`
`402815450811
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`Nikon
`
`Exhibit 1012
`
`Page 4
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`Nikon Exhibit 1012 Page 4
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`

`

`MODDERMAN
`
`Attorney Docket: 081468-0376339
`
`32.
`
`(Previously Presented) The apparatus of elaiin 31, wherein the second table includes
`
`at least sensors selected from the group comprising: an energy senSor, a transnxiSsion image
`
`sensor, a polarization sensor, and a shearing interferometer sensor.
`
`33.
`
`(Previously Presented) The apparatus of claim 31, wherein the second table includes
`
`a shearing interferometer configured to determine an aberration of a projection system
`
`configured to project the patterned beam of radiation .‘
`
`34.
`
`(Previously Presented) The apparatus of claim 31, wherein the second table includes
`
`a first sensor configured to sense a wavefront aberration of the radiation and a second sensor
`
`configured to sense an aerial image of the radiation.
`
`35.
`(Previously Presented) The apparatus of claim 31, wherein the second table includes
`a plurality of different sensors providedin a central area on an upper surface of the second
`
`table.
`
`36.
`
`(Previously P1‘esented) The apparatus ofclaim 31, further comprising a liquid supply
`
`system configured to supply a liquid to a space between a projection system configured to .
`project the patterned beam of radiation and the substrate, and wherein the second table .
`
`provides a surface to at least partly bound the space when the first tableIS displaced out of the
`path of the patternedbeam of radiation.
`'
`
`a 37.
`
`(Currently Amended) A lithographic apparatus configured to project a patterned
`
`beam of radiation onto a substrate,the apparatus comprising:
`
`a first table connected to a fir_st positioning system configured to displace the first
`
`table into and out Voi’ a path of the patterned beam of radiation, the first table configured to ‘
`
`hold a substrate; and ~
`
`a second table configured to sense a characteristic of radiation projected to the second
`
`table, the second table connected to a second positioning system configured to position the
`
`. second table without, a substrate into the path of the patterned beam ofradiation when the first
`table is displaced» out of the path of the patterned beam of radiation.
`‘
`
`4028?5450V1
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`Nikon
`
`Exhibit 1012
`
`Page 5
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`Nikon Exhibit 1012 Page 5
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`

`

`MODDERMAN
`
`Attorney Docket: 08 1468-03 76339
`
`38.
`
`(Previously Presented) The apparatus of claim 3?, further comprising a liquid supply
`
`system configured to supply a liquid to a space between a projection system configured to
`
`project the patterned beam of radiation and the substrate, and wherein the second table
`
`provides a surface to at least partly bound the space when the first table is displaced out of the
`
`path of the patterned beam of radiation.
`
`39.
`
`(Previously Presented) The apparatus of claim 3’7, wherein the second table includes
`
`at least two sensors selected from the group comprising: an energy sensor, a transmission
`
`image sensor, a polarization sensor, and a shearing interferometer. sensor.
`
`40.
`
`(Previously Presented) A device manufacturing method; comprising:
`
`projecting a patterned beam of radiation onto a substrate held on a table;
`
`L displacing the table out of a path of the patterned beam of radiation; and
`
`moving a sensor into the path of the patterned beam of radiation and measuring a
`property of a beam of radiation, the moving of the sensor and the measuring of the preperty '
`occurring at least partly concurrently with the displacing of the table.
`
`41."
`
`(Previously Presented) The method according to claim 40, wherein the sensor is
`
`selected from the group comprising: an energy sensor, a transmissiion image sensor, a
`
`polarization sensor, and a shearing interferometer sensor.
`
`42;
`
`(Previously Presented) The method according to claim 40, further comprising
`
`supplying a liquid to a space between a projection system of a lithographic apparatus and the
`substrate, and at least partly bounding the space ivith’the sensor or a table holding the sensor
`when the table holding the substrate is displaced out of the path of the pattemed’beam or
`radiation.
`
`(Previously Presented) The method according to claim 40, further comprising
`- 43.
`cleaning a projection system of a lithographic apparatus used to project the patterned beam of
`radiation.
`
`4028?5450v1
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`Nikon
`
`Exhibit 1012
`
`Page 6
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`Nikon Exhibit 1012 Page 6
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`

`

`MODDERMAN
`
`Attorney Docket: 081468-0376339
`
`44.
`
`(Previously Presented) The method according to claim 40, wherein the projecting the
`
`patterned beam of radiation occurs at an exposure station and the displacing the table
`
`. comprises displacing the table from the exposure station to a measurement station.
`
`45.
`
`(Previously Presented) The method according to claim 44, further comprising
`
`measuring a property of the substrate at the measurement station.
`
`~ (Previously Presented) I The method according to claim 44, further comprising .1
`46.
`displacing an additional table holding a substrate from the measurement station to the
`
`exposure station.
`
`47.
`
`(Previously Presented) The method according to claim 44, further comprising
`
`displacing an additional table holding a substrate from another measurement station to the
`
`exposure station.
`
`48.
`
`(New) The apparatus of claim 21, wherein the substrate table is connected to a first
`
`positioning system and the sensor table connected to a second positioning system.
`
`49.
`
`'(New) The apparatus of claim 31, wherein the first table is connected to a first
`
`positioning system and the second table is connected to a second positioning system.
`
`402875450v1
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`Nikon
`
`Exhibit1012
`
`Page7
`
`Nikon Exhibit 1012 Page 7
`
`

`

`MODDERMAN
`
`.
`
`Attorney Docket: 081468-0376?) 39
`
`IN THE DRAWINGS:
`
`Please replace present Figures 2, 3 and 4 with the enclosed Figures 2, 3 and 4. A
`Replacement Drawing Sheet including Figuree 2, 3 and 4, which amends Figures 2, 3 and 4 is
`attached hereto.
`
`Enclosure: Replacement Drawing Sheet
`
`4028?5450v1
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`Nikon
`
`Exhibit1012
`
`Page8
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`Nikon Exhibit 1012 Page 8
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`

`

`MODDERMAN
`
`Attorney Docket: 081468—0376339
`
`REMARKS
`
`Reconsideration and allowance of the present patent application based on the '
`
`following remarks are respectfully requested.
`By this Amendment, claims '21, 731 and 37, the specification and the drawings are
`amended and claims 48-49 are newly added. Support for the amendments can he found
`
`throughout the original disclosure. No new matter has been added. Accordingly, after entry
`ofthis Amendment, claims 21 —49 will be pending in the application.
`L
`
`In response, the disclosure has been amended to
`The disclosure was objected to-
`update the priority information. This amendment overcomes the objection. Accordingly,
`
`reconsideration and withdrawal of the objection to the disclosure are respectfully requested. .
`
`FIGS. 2-5 were objected to for not being designated by a legend such as -—Prior Art—-.
`Applicant; traverses this objection. However, .- solely to expedite prosecution of this
`application, Applicant has added the requested label to Figures 2, 3 and 4. As for Figure 5,
`this figure illustrates a liquid supply system in accordance with one embodiment of the
`invention. See present application at paragraphs 26 and 744. A sheet of drawings showing
`
`amended Figure 2-4 is enclosed herewith. Accordingly, ”Applicant requests withdrawal of
`
`this objection.
`
`Claims 31—34, 37, 39-41, and 44-45 were rejected under 35 U.S.C. § 102(b) as being
`anticipated by US. Pat. 5,650,840 to Taniguchi. Therejection is respectfully traverSed.
`. The cited portions of Taniguchi do not disclose, teach or suggest a lithographic
`apparatus configured to project a patterned beam of radiation onto a substrate, the apparatus
`
`comprising, inter alia, “a second table connected to a positioning system configured to
`position the second table into the path of the patterned beam of radiation when the first table
`
`‘
`is displaced out of the path of the patterned beam ofradiation, the second table being
`substantially only configured to sense different characteristics ofradiation of the patterned
`beam of radiation projected to the second table,” asrecited in claim 31. V
`The cited portions of Taniguchi disclose a lithographic apparatus that includes a wafer
`
`V
`
`stage WS comprising a wafer holder 2 (identified by the Office as the “first table” of claim
`
`4028?545CN1
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`_9_
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`Nikon
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`Exhibit 1012
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`Page 9
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`Nikon Exhibit 1012 Page 9
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`

`

`MODDERMAN
`
`Attorney Docket: 081468-0376339
`
`31) and a glass substrate 15 (identified by the Office as the “second table” of claim 31').
`
`However, unlike claim 31, the glass substrate 15 of Taniguchi is not “substantially only
`configured to sense different characteristics of radiation of the patterned beam of radiation
`
`projected to the second table.” Rather, as disclosed in Taniguchi, the glass substrate 15
`
`includes a sensor PBS that receives the image—forming light passing through the pattern SP.
`
`See Taniguchi at col. 6g line 63 — col. 7, line 5. Therefore, the glass substrate 15 of Taniguchi
`appears to be configured to sense a single characteristic of radiation of the patterned beam of
`radiation projected to the second table.
`7
`The Office further refers to col.
`1 1, lines 35-40 of Taniguchi as allegedly disclosing a
`
`plurality of sensors. However, those cited portions of Taniguchi disclose a plurality of the
`
`same detecting devices that each comprise a sensor pattern SP and a photoelectric sensor
`
`PBS. Therefore, those cited portions of Taniguchi do not disclose, teach or suggest a table
`
`that is substantially only configured to sense different characteristics 0f radiation of the
`
`patterned beam of radiation projected to the second table.
`
`Accordingly, for at least these reasons, claim 31 is patentable over the cited portions
`of Taniguchi.
`,1
`
`Claims 32-34 are patentable over the cited portions of Taniguchi at least by yirtue of
`
`their dependency from claim 31 and for the additional features recited therein.
`With respect to claim 37, the cited portions of Taniguchi do not disclose, teach or
`, suggest a lithographic apparatus configured to project a patterned beam ofradia'tionionto a
`substrate; the apparatus comprising “a first table connected to a first positioning system
`configured to displace the first table into and out of a path of the patterned beam of radiation,
`the first table configured to hold a substrate; and a second table configured to sense a
`
`characteristic of radiation projected to the second table, the second‘table connected to a
`
`second positioning system configured to position the second table without a substrate into the
`
`path of the patterned beam of radiation when the first table is displaced out of the path of the 7
`
`patterned beam of radiation.”
`
`As noted previously, the cited portions of Taniguchi disclose a wafer W and a glass
`
`substrate 15 positioned on a single wafer stage WS using a single positioning system 7. See
`
`Taniguchi at Figure l and col. 6, lines 58—65. Thus, when the wafer stage WS is moved both
`
`the wafer W and the glass substrate 15 are moved together by the single positioning system 7.
`
`The cited portions of Taniguchi simply make no mention or suggestion of a second
`positioning system to position a table configured to sense a property of the patterned beam of
`
`402875450“
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`-10-
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`Nikon
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`Exhibit 1012
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`Page 10
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`Nikon Exhibit 1012 Page 10
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`

`

`(
`.
`‘
`MODDERMAN
`Attorney Docket: 081468-0376339 '
`
`’ radiation, muchless a'second positioning system configured to position the table into the'path
`of the patterned beam of radiation when, the first table is displaced out of the path of the
`patterned beam of radiation.
`V
`.
`7
`Claim 39 is patentable over the cited portions chaniguchi at least by virtue of their
`dependency from claim 37 and for the additional features recited therein.
`7
`
`_
`
`With respect to claim 40, the cited portions of Taniguchi do not disclose, teach or
`suggest a device manufacturing method, comprising, inter alia, “moving a sensor into the
`path of the patterned beam of radiation and measuring a property of a beam ofradiation, the
`moving of the sensor and the measuring of the property occurring at least partly concurrently
`
`with the displacing of the table.”
`The Office cites the controller 10 of Taniguchi and asserts that the controller 10 is
`“Configured to control the respective positioning system for positioning the sensor into the
`path of the patterned beam of radiation in synchronism with displacement of the substrate out
`of the path of the patterned beam of radiation.” See Office Action at page 4. ' However, there
`are no teaching or suggestion in the cited portions of Taniguchi that the “the moving of the
`' sensor and the measuring of the property [occur] at least partly concurrently With the
`‘
`displacing of the table!” Therefore, for at least this reason, ‘claim 40 is patentable over the
`cited portions of Taniguchi.
`‘
`i
`‘-
`Claims 41 and 44-45 are patentable over the cited portions cfTaniguchi at least by '
`virtue. of their dependency from claim 40 andtfor the additional features recited therein;
`
`Accordingly, reconsideration and withdrawal of the rejection of claims 31-34, 37, 39-
`41, and44-4S under 35 U.S.C. «5:; 102(1)) based on Taniguchi are respectfully requested.
`I
`'
`
`Claims 21-28 and 30 are rejected under 35 U.StC. 103(a) as being unpatentable Over
`Taniguchi. The rejection is respectfully traversed.
`7
`Claim 21 is patentable over Taniguchi for at least similar reasons provided above. for
`claim 31. For example, the cited portions of Taniguchi do not disclose, teach or suggest a
`lithographic apparatus configured to project a patterned beam ofradiation‘onto a substrate, ‘
`the apparatus comprising, inter alia, “a sensor table connected to a positioning system
`configured to position the sensor table into the path of the patterned beam of radiation when
`‘ the substrate table is displaced out ofthe path-ofthe patterned beam of radiation, the sensor
`table including a plurality of different sensorsthat are each configured to sense a different
`characteristic of radiation of the patterned beam of radiation projected to the sensor table,”
`
`402875450v‘l
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`-11-
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`Nikon
`
`Exhibit 1012
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`Page 1 1
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`Nikon Exhibit 1012 Page 11
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`

`

`MODDERMAN I
`Attorney Docket: 081468-0376339
`
`Rather, as disclosedin Taniguchi, the glass substrate 15 of Taniguchi appears to be
`
`configured to sense a single characteristic ofradiation of the patterned beam of radiation
`projected to the second table. Furthermore, the cited portions of Tamguchi at col. 11, lines
`35—40 disclose a plurality of the same detecting devices that each comprise a sensor pattern
`
`SP and a photoelectric sensor PES. Therefore, those cited portions of Taniguchi do not
`
`,
`
`disclose, teach or suggest a table that is substantially only configured to sense various _
`
`different characteristics of radiation of the patterned beam of radiation projected to the
`second table.
`
`’
`
`Claims 22—28 and 30 are patentable over'the cited portions of Taniguchi at least by
`
`Virtue of their dependency from claim 21 and for the additional features recited therein.
`Accordingly, reconsideration and Withdrawal of the rejection of claims 21-28 and 30
`
`under 35 U.S,C. 103(21) based on Taniguchi are respectfully requested.
`
`Claims 26,736, 38 and 42 are rejected under 35 U.S.C. 103 (a) as being unpatentable
`over Taniguchi in View of W099/49504 to Fukami et a1. (“Fukami”). The rejection is
`respectfully traversed.
`-
`b
`7
`Claims 26, 36, 38 and 42 are patentabie over the cited portions ofTaniguchi at least
`
`by Virtue of their dependency from claims 21, 31, 37 and 40 and for the additional features
`
`recited therein.
`
`7
`
`The cited portions ofFukami fail tolovercome the deficiencies of Taniguchi noted
`
`above with respect to claims 2l , 31,’ 37 and 40. Fukami was relied upon by the Office as
`
`,
`
`disclosing a liquid supply» system. However, Fukami is silent as to a lithographic apparatus
`
`configured to project a patterned beam of radiation onto a substrate, the apparatus
`
`comprising, inter alter, “a sensor table connected to a positioning system configured to
`
`position the sensor table into the path of the patterned beam of radiation when the subStrate
`_ table is displaced out of the path of the patterned beam ofradiation, the sensor table including
`a plurality of different sensors that are each configured to sense a different characteristic of
`
`radiation of the patterned beam of radiation projected to the sensor table,” as recited in claim
`21 or a lithographic apparatus configured to project a patterned beam of radiation onto a
`substrate, the apparatus comprising, inter alia, I“a second table connected to a positioning
`system configured to position the second table into the path ofthe patterned beam of
`radiation when the first table is displaced out of the path of the patterned beam of radiation,
`
`the second table being substantially only configured to sense different characteristics of
`
`4028?5450V1
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`-12-
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`Nikon
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`Exhibit 1012
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`Page 12
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`Nikon Exhibit 1012 Page 12
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`

`

`MODDERMAN
`Attorney Docket: 0814680376339
`
`radiation of the patterned beam of radiation projected to the second table,” as recited in claim
`
`31, or a lithographic apparatus configured to project a patterned beam of radiation onto a
`substrate, the apparatus comprising “a first table connected to a first positioning system
`configured to displace the first table into and out of a path of the patterned beam of radiation,
`the first table configured to hold a substrate; and a second table configured to sense a
`‘
`characteristic of radiation projected to the second table, the second table connected to a
`
`second positioning system configured to position the second table Without a substrate into the
`
`_ path of the patterned beam of radiation when the first table is displaced out of the path of the '
`
`i patterned beam of radiation,” as recited in claim 37, or a device manufacturing method,
`
`~ comprising, inter alia, “moving a sensor into the path of the patterned beam of radiation and
`measuring a property of a beam of radiation, the moving of the sensor and the measuring of i
`the property occurring at least partly concurrently with the'displacing ofthe table,” as recited
`in claim 40.
`V
`
`I Accordingly, reconsideration and Withdrawal of the rejection of claims 26, 36, 38 and
`
`42 under 35 U.S.C. 103 (a) based on Taniguchi in View of Fukami are respectfully requested.
`
`Claims 21147 were rejected on the ground of nonstatutory obviousness—type double
`patenting as being unpatentable over claims 1-13 of US. Patent No. 7,528,931 to
`
`Modderman. Without taking a position with respect to the merits or substance of this
`
`rejection and While preserving the right to distinguish over the cited reference, which is
`commonly owned, Applicant submits herewith a Terminal Disclaimer in compliance With 37
`
`can. §1.32.1(e)gte overcome the rejection.
`
`Claims 48 and 49 are newly added to define additional subject matter that is novel and
`
`non—obvious. Claims 48 and 49 are patentable over the art of record at least by virtue of their
`
`dependency from claims 21 and 31, respectively, and for the additional features recited
`therein.
`
`If any point remains in issue which the Examiner feels may be best resolved through a
`
`' personal or telephorre interview, please contact the undersigned at the telephone number
`listed below.
`
`402875450V1
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`._13_
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`Nikon
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`Exhibit 1012
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`Page 13
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`Nikon Exhibit 1012 Page 13
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`

`

`MODDERMAN
`
`Attorney Docket: 081468-0376339
`
`Please charge any fees associated with the submission of this paper to Deposit
`
`Account Number 033975. The Commissioner for Patents is also authorized to credit any
`
`over payments to the above-referenced Deposit Account.
`
`Respectfully submitted,
`
`PILLSBURY 4' INT
`
`W PITTMAN LLP
`
` CFL/ang
`
`PO. Box 10500
`
`McLean, VA 22102
`(703) 770—7900
`
`Encl: Replacement Sheets (Figures 1-4)
`
`Terminal Disclaimer
`
`402875450“
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`-14-
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`Nikon
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`Exhibit1012
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`Page14
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`Nikon Exhibit 1012 Page 14
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`

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`MODDERMAN -- 12/327,414
`Attorney Docket: OSl468-03’76339
`
`REPLACEMENT SHEET
`
`(PRIOR ART) Fig. 2
`
`
`
`
`
`(PRIOR ART) Fig. 4
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`
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`402890039v1
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`Nikon
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`Exhibit1012
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`Page15
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`Nikon Exhibit 1012 Page 15
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`

`

`PTOISEl/ze (07-09)
`. Approved for use through (IT/3132012 OMB 0651 41031
`U.8 Patent and Trademark Office; U. 5. DEPARTMENT OF COMMERCE
`Under the Pa erwork Reduction Aotof 1995, no persons are reuired to reasond to a collection of information unless it disda * a vatid OMB control number
`
`TERMINAL DISCLAIMER T0 OBVIATE A DOUBLE PATENTING
`REJECTION OVER A "PRIOR" PATENT
`
`0(1ka Number (Optional)
`081468—0376339 '
`
`in re Application of: THEODORUS MARINUS MODDERMAN
`
`Application No: 12I’327,4’l 4
`
`Filed: December 3, 2008
`
`_
`
`For: LlTHOGRAPHlC APPARATUS AND DEVICE MANUFACTURING METHOD
`
`The owner“, ASML NETHERLANDS B.V., of 100 percent interest in the instant application hereby disclaims, except as provided
`below the terminal part of the statutory term of any patent granted on the instant application which would extend beyond the expiration date
`of the full statutory term prior patent No. 7,528,931 as the term of said prior patent is defined'In 35 U 8.0.154 and 173 and as the term of
`said prior patentIs presently shortened by any lemiinai disclaimer The owner hereby agrees that any patent so granted on the instant
`application shall be enforceable only for and during such period that it and the prior patent are commonly owned. This agreement runs with '
`any patent granted on the instant application and isbinding upon the grantee, its successors or assigns.
`
`In making the above disclaimer, the owner does not disclaim the terminal part of the term of any patent granted on the instant application that
`would extend to the expiration date of the full statutory term as defined'In 35 U8.0.154 and 173 of-the prior patent, "as the term of said prior
`patent is presently shortened by any terminal disclaimer,"In the event that said prior patent later:
`exp: res for failure to pay a maintenance fee;
`is held unenforceable;
`is found invalid by a court of competent jurisdiction;
`is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
`has all claims canceled by a reexamination certificate;
`is reissued; or
`is in any manner terminated prior to the expiration of its full statutory term as presently shortened by any terminal disclaimer.
`
`Check either box 1 or 2 below if appropriate.
`
`- 1.1:]
`
`For submissions on behalf of a business/organization (ewg corporation partnership, university, government agency,
`etc) the undersigned is empowered to act on behalf of the businesslorganization.
`
`i hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and
`belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so
`made are punishable by fine or imprisonment, or both under Section 1001 of Title 18 of the United States Code and that such willful false
`statements mayjeopardize the validity of the application or any patent issued thereon.
`
`2. E The undersigned is an attorney or agent of record. Reg. No. 4248
`
`
`July 5, 2011
`Date
`
`
`
`Christo he F. Lair
`
`‘ Typed or printed name
`
`Terminal disclaimer fee under 37 CFR 1.20m) Included.
`
`WARNING: information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`
`.
`
`l7032 770-?900
`Telephone Number
`
`*Statement under 37 CFR 373(b)‘IS required if terminal disclaimer is signed by the assignee (owner)
`Form PTOISBISB may be used for making this certification. See MPEF’ § 324
`
`This collection of lnfomiation'Is required by 37 CFR 1.321. The informationis required to obtain or retain a benefit by the public whichIs to file (and by the USPTO
`to process) an application ConfidentialityIs governed by 35 US.C 122 and 37 CFR 1.11 and 114 This collection is espiimated to take 12 min'yutesto complete,
`including gathering, preparing. and submitting the completed application form to the USPTO. Time willvary depending upon the individual case Any comments
`on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief information Officer. U8 Patent
`and Trademark Office. US. Department of Commerce P O. Box 1450 Alexandria VA 22313—1450 DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS SEND TO: Commissioner for Patents, P. O. Box 1450, Alexandria, VA 22313-1450.
`_
`
`it you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`.
`
`American Legul‘iet, Inc. v.'
`
`.
`,
`‘:V.m_
`
`Nikon
`
`Exhibit1012
`
`Page 16
`
`Nikon Exhibit 1012 Page 16
`
`

`

`
`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`03-Dec-2008
`
`Title of Invention:
`
`LITHOGRAPHIC APPARATUS AND DEVICE MANUFACTURING METHOD
`
`
`
`
`
`First Named Inventor/Applicant Name: Theodorus Marinus MODDERMAN
`
`Filer:
`
`Christopher F. Lair/Piyuli Jain
`
`Attorney Docket Number:
`
`081468-0376339
`
`Filed as Large Entity
`
`Utility under 35 USC 11 1 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`
`
`Claims in excess onO
`
`2
`
`52
`
`104
`
`Miscellaneous-Filing:
`
`Petition:
`
`
`Patent-Appeals—and-lnterference:
`
`Post-AlIowance-and-Post-lssuance:
`
`Extension-of—Time:
`
`Nikon
`
`Exhibit1012
`
`Page17
`
`Nikon Exhibit 1012 Page 17
`
`

`

`Sub-Total in
`Description USD($) Quantity
`
`
`
`
`
`
`
`Total in USD (5)
`
`Miscellaneous:
`
`Statutory or terminal disclaimer
`
`Nikon
`
`Exhibit1012
`
`Page18
`
`Nikon Exhibit 1012 Page 18
`
`

`

`Electronic Acknowledgement Receipt
`
`10452721
`
`Confirmation Number:
`
`Title of Invention:
`
`LITHOGRAPHIC APPARATUS AND DEVICE MANUFACTURING METHOD
`
`
`
`
`
`First Named Inventor/Applicant Name:
`
`Theodorus Ma rinus MODDERMAN
`
`Customer Number:
`
`00909
`
`— ChrlStopher F. Lalr/Plyu“ Jain
`
`
`
`Filer Authorized By: Christopher F. Lair
`
`Attorney Docket Number:
`
`081468—0376339
`
`Filing Date:
`
`03-DEC-2008
`
`16:34:54
`Time Stamp:
`
`
`
`
`Application Type: Utility under 35 USC 111(a)
`
`Payment information:
`
`yes
`Submitted with Payment
`PaymentType Deposit Account
`
`
`
`Payment was successfully received in RAM
`
`$244
`
`Deposit Account
`
`033975
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`The Director ofthe USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`Nikon
`
`Exhibit1012
`
`Page19
`
`Nikon Exhibit 1012 Page 19
`
`

`

`Document
`Number
`
`.
`
`.
`
`File Size(Bytes)/
`
`Document Description m Message Digest
`
`63287
`
`Multi
`
`Pages
`
`Part l.zip (ifappl.)
`
`Information:
`Information:
`
`Transmittal.pdf
`Transmittal Letter
`fBaS85202433646575533bc287556678
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`Warnings:
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`Amendmentpdf
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`327e47fc062ecb4423653Ze6539I401CSCb A
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`
`Document Description
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`Amendment/Req. Reconsideration-After Non-Final Reject
`
`Specification
`
`Drawings—only black and white line drawings
`
`Applicant Arguments/Remarks Made in an Amendment
`
`Drawings—only black and white line drawings
`
`Terminal Disclaimer Filed
`
`TerminalDisclaimer.pdf
`
`111738
`
`291b46d4ce43ef‘2746b0bl6fe371 1654d1 e2
`4866
`
`Information:
`
`
`Fee Worksheet (SBOG)
`
`fee-infopdf
`
`8927f66C8d8I663e3a29b835Sdee7aDc81b1
`917d
`
`
`Warnings:
`
`Nikon
`
`Exhibit1012

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