`
`UNITED S'rA'i‘Es PATENT AND TRADEMARK OEHCE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Oflice
`Address: COMMISSIONER FOR 1’A’l'l LN'I'S
`P.(). lino: I450
`Alcxmidria. Virginia 22313- IJSU
`www.1isplo.giw
`
`APPLICATION NO.
`
`FILING DA'I'I‘.
`
`FIRST NAMI‘J) INNIEN'I'OR
`
`A'I'l‘ORNILY DOCKET NO.
`
`(TONI-'IRMA'I'ION NO.
`
`13024.02?
`
`02:09:20] i
`
`Donald K. Smith
`
`ELiQ—UUSCP3
`
`9849
`
`25911
`42532
`momum Rosmm
`ONE INTERNATIONAL PLACE
`
`lyl2r3m2
`
`BOSTON, MA 02110
`
`__
`
`a
`
`.
`
`MCCORMACK. JASON L
`
`
`28%|
`
`
`
`12!] 2:20] 2
`
`ELECI‘RONIC
`
`Please find below andlor attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e-mail address(es):
`
`Doe keling PalenlBoslon (.3) proskauc I'.COI1‘l
`oandrcws @proskauer.e01n
`
`PTOL—FJ'UA (Rev. 0420?;
`
`ASML 1011
`
`ASML 1011
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`13024.02?
`
`Examine,
`
`Applicant(s)
`
`SMITH ET AL.
`
`M Unit
`
`— The MAiLiNG DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICH EVER IS LONGER FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 3? CFR 1.136(a}.
`In no event however. may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will. by statute. cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication. even if timely filed. may reduce any
`earned patent term adjuament. See 37 CFR 1.704(b).
`
`Status
`
`1)> Responsive to communication(s) filed on 08 November 2012.
`
`2am This action is FINAL.
`
`2b)|:| This action is non—final.
`
`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Ex parte Ouayie, 1935 CD. 1 1, 453 QC. 213.
`
`Disposition of Claims
`
`SHE Claim(s) 1-55 isiare pending in the application.
`
`5a) Of the above claim(s) 9-55 isiare withdrawn from consideration.
`
`6)I:I Claim(s) _ isiare allowed.
`
`THE Claim(s) fiisiare rejected.
`
`8)I:l Claim(s) _ isiare objected to.
`
`
`9)|:I Claim(s)
`
`are subject to restriction andior election requirement.
`
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway
`program at a participating intellectual property office for the corresponding application. For more information, please see
`
`htt
`:r’iwwwus tone-vi atents.’init eventsrofihiintiexjs or send an inquiry to PPeredback usoto. cv.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11”] The drawing(s) filed on _ isiare: a)l:l accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFFI 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`
`12)|:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)I:I All
`
`b)I:I Some * c)I:I None of:
`
`1.|:I Certified copies of the priority documents have been received.
`
`2.[:l Certified copies of the priority documents have been received in Application No.
`
`
`
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachmenus}
`
`1) E Notice of References Cited (PTO-892)
`
`3) D Interview Summary (PTO-413}
`Paper Nois)iMail Date.
`4) El Other:
`2) E Information Disclosure Statementis) [PTOiSBi08)
`Paper No(s)iMaiI Date 11/12/2012.
`
`US. Patent and Trademark O‘Hice
`
`PTOL-325 (Rev. 09-12)
`
`Office Action Summary
`
`Part of Paper No.iMaiI Date 20121 116
`
`

`

`Application/Control Number: 13f024,027
`
`Page 2
`
`Art Unit: 2881
`
`DETAILED ACTION
`
`Response to Arguments
`
`1.
`
`Applicants arguments filed 11f8f2012 have been fully considered but they are
`
`not persuasive.
`
`Regarding applicant’s response to the §112 rejection of claim 1; applicant points
`
`to a portion of the specification which names examples of high brightness light sources.
`
`However, none of the cited portions of applicant's specification define a high brightness
`
`light source, but the cited portions make clear that there are other high brightness light
`
`sources but fails to disclose these sources. While applicant’s specification mentions the
`
`high brightness light source in many contexts throughout the specification, there is no
`
`explicit definition of how bright is a high brightness light source.
`
`Regarding applicant’s response that Cheymol produces EUV light as opposed to
`
`high brightness light; applicant has failed to distinguish in either the claims, or in the
`
`specification (for the reasons stated above) that EUV is not a high brightness light
`
`source.
`
`Regarding applicant’s assertion that Cheymol does not disclose a gas; Cheymol
`
`discloses “a jet of individual droplets (e.g. of a liquefied rare gas such as xenon)” [0052]
`
`— a gas.
`
`Regarding applicant's assertion that Cheymol does not excite a gas using an
`
`ignition source; Cheymol discloses that the lasers are used in "laser excitation" [0010] of
`
`the target ("liquefied rare gas such as xenon"). Applicant‘s response in the first full
`
`

`

`Application/Control Number: 13f024,027
`
`Page 3
`
`Art Unit: 2881
`
`paragraph of page 7 then states that applicant performs excitation using a laser on a
`
`xenon gas source. Cheymol discloses the same materials and apparatus as claimed in
`
`claim 1. It should be noted that claim 1 does not include any recitation of tuning the
`
`wavelength of the laser.
`
`In response to applicant’s assertion that Kusunose does not disclose high
`
`brightness light; see response to arguments, above.
`
`In response to applicant’s argument that Kusunose does not disclose an
`
`excitation source; as stated in the previous rejection, the source in Kusunose uses
`
`lasers to excite and ignite xenon gas. As stated above, Kusunose uses the same
`
`materials an apparatus as claimed in claim 1. Claim 1 contains no recitation of tuning
`
`the wavelength of the laser.
`
`Regarding applicant’s arguments of claims 6 and 7; please see response, above.
`
`Claim Rejections - 35 USC § 1' 12
`
`The following is a quotation of the second paragraph of 35 U.S.C. 112:
`
`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.
`
`2.
`
`Claim 1 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite
`
`for failing to particularly point out and distinctly claim the subject matter which applicant
`
`regards as the invention. The term "high" in claim 1 is a relative term which renders the
`
`claim indefinite. The term "high" is not defined by the claim, the specification does not
`
`provide a standard for ascertaining the requisite degree, and one of ordinary skill in the
`
`art would not be reasonably apprised of the scope of the invention.
`
`

`

`Application/Control Number: 13f024,027
`
`Page 4
`
`Art Unit: 2881
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
`
`the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
`
`3.
`
`Claims 1-8 are rejected under 35 U.S.C. 102(b) as being anticipated by Cheymol
`
`et al. US PGPUB N0. 2006/039435.
`
`Regarding claim 1, Cheymol discloses that in a chamber [0072] xenon gas may
`
`be injected [0052] and then irradiated by a laser [0053] which may be an infrared laser
`
`[0010].
`
`Regarding claim 2, Cheymol discloses that xenon gas may be injected into the
`
`chamber [0052]. Xenon is a noble gas.
`
`Regarding claim 3, Cheymol discloses that xenon gas may be injected into the
`
`chamber [0052].
`
`Regarding claim 4, Cheymol discloses that in a chamber [0072] xenon gas may
`
`be injected [0052] and then irradiated by a laser [0053] which may be an infrared laser
`
`[0010].
`
`

`

`Application/Control Number: 13i024,027
`
`Page 5
`
`Art Unit: 2881
`
`Regarding claim 5, Cheymol discloses that xenon gas may be injected into the
`
`chamber [0052].
`
`Regarding claim 6, Cheymol discloses that xenon gas may be injected into the
`
`chamber [0052]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon
`
`Short-arc Discharge Lamps Specifies that the prominent absorption lines of xenon occur
`
`at 823, 882, and 992 nm [top paragraph, page 226].
`
`Regarding claim 7, Cheymol discloses that xenon gas may be injected into the
`
`chamber [0052]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon
`
`Short-arc Discharge Lamps specifies that the prominent absorption lines of xenon occur
`
`at 823, 882, and 992 nm [top paragraph, page 226].
`
`Regarding claim 8, Cheymol discloses that xenon gas may be injected into the
`
`chamber [0052].
`
`4.
`
`Claims 1-8 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Kusunose U.S. PGPUB No. 2002/0080834.
`
`Regarding claim 1, Kusunose discloses that in a vacuum chamber [0026], a
`
`target material of xenon gas [002?] may be irradiated with an infrared laser [0025] to
`
`produce extreme ultraviolet radiation [0026].
`
`

`

`Application/Control Number: 13i024,027
`
`Page 6
`
`Art Unit: 2881
`
`Regarding claim 2, Kusunose discloses that the target material may be xenon
`
`gas [0027]. Xenon is a noble gas.
`
`Regarding claim 3, Kusunose discloses that the target material may be xenon
`
`gas [0027].
`
`Regarding claim 4, Kusunose discloses that in a vacuum chamber [0026], a
`
`target material of xenon gas [002?] may be irradiated with an infrared laser [0025] to
`
`produce extreme ultraviolet radiation [0026].
`
`Regarding claim 5, Kusunose discloses that the target material may be xenon
`
`gas [0027].
`
`Regarding claim 6, Kusunose discloses that the target material may be xenon
`
`gas [0027]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon Short-arc
`
`Discharge Lamps specifies that the prominent absorption lines of xenon occur at 823,
`
`882, and 992 nm [top paragraph, page 226].
`
`Regarding claim 7, Kusunose discloses that the target material may be xenon
`
`gas [002?]. Nakar Radiometric Characterization of Uiirahign Radiance Xenon Short-arc
`
`

`

`Application/Control Number: 13f024,027
`
`Page 7
`
`Art Unit: 2881
`
`Discharge Lamps specifies that the prominent absorption lines of xenon occur at 823,
`
`882, and 992 nm [top paragraph, page 226].
`
`Regarding claim 8, Kusunose discloses that the target material may be xenon
`
`gas [002?].
`
`Conclusion
`
`5.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JASON MCCORMACK whose telephone number is
`
`(571 )270-1 489. The examiner can normally be reached on Monday - Thursday 7:00am
`
`- 3:00pm.
`
`

`

`Application/Control Number: 13f024,027
`
`Page 8
`
`Art Unit: 2881
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner‘s
`
`supervisor, Robert Kim can be reached on (571 )272-2293. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
`
`MASON MCCORMACKI’
`
`Examiner, Art Unit 2881
`
`ROBERT KIIW
`
`Supervisory Patent Examiner, Art Unit 2881
`
`