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`I.‘-NITED STATES DEPARTNIENT OF‘ COMMERCE
`United States Patent and '1‘ratIen1ark Oflice
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`131024.027
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`(J2!U9!2{Jl 1
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`Donald K. Smith
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`l_",GQ—U(J5Cl-‘3
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`9849
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`§.i13sKAupREE3’srnp
`ONE lN'l‘l:‘RNA'l‘lONAL PLACE
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`B()S'1‘0N, MA 02110
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`Mc-:omAc.1<..mso~ L
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`28%|
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`12! l 2.I'2Ul 2
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`I_il-L".C'l'RON IL‘.
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`Please find below andfor attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e-mail address(es):
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`Doc kcling Pa1c1IlB0sloI1 @pr0ska1|er.c0I11
`oandrcws @pr0skauer.c01n
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`PTOL—9'0A (Rev. 0-H0?)
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`ASML 1111
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`AS1\/1L 1111
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`Office Action Summary
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`Page 1
`Page 1
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`Application No.
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`13f02-‘-1,027
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`Examine,
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`App|icant(s)
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`SMITH ET AL.
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`Ar, Uni,
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`— The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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.
`It 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_?04(b)_
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`Status
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`1) Flesponsive to communicationls) filed on 08 November 2012.
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`2a)E This action is FINAL.
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`2b)I:| This action is non—final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 CD. 1 1, 453 O.G. 213.
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`Disposition of Claims
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`5)IZ Claim(s) 15 isiare pending in the application.
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`5a) Of the above claim(s) 9-55 isiare withdrawn from consideration.
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`6)I:I Claim(s) _ isiare allowed.
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`7) Claim(s) fiisiare rejected.
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`8)I:l Claim(s) j isiare objected to.
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`9)|:| Claim(s)
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`are subject to restriction andior election requirement.
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`* 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
`:."fwww.us to.c:iovr’.-atentsfinii: events:""*h.findex.'s or send an inquiry to PPHfeedback usnto. ov.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)I:I The drawingls) filed on _ isiare: a)I:l accepted or b)I:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFFI 1.85(a).
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`Replacement drawing sheetls) including the correction is required if the drawingis) is objected to. See 37 CFFI 1.121(d).
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)I:I All
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`b)I:I Some * c)I:| None of:
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`1.|:I Certified copies of the priority documents have been received.
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`2.[:l Certified copies of the priority documents have been received in Application No.
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 1?'.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachmenl(s}
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`1) E Notice of References Cited {PTO-892)
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`2) E Information Disclosure Statementls) iPTOfSBi08)
`Paper No(s)iMai| Date 1 1/12/2012.
`US. Patent and Trademark Oflice
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`3) El Interview Summary (PTO-413}
`Paper Nols)iMai| Date.
`4) D Other:
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`PTOL-325 (Rev. 09-12)
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`Oflice Action Summary
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`Part of Paper l\lo.lMai| Date 20121 116
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`
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`Application/Control Number: 13,024,027
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`Page 2
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`Art Unit: 2881
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`DETAILED ACTION
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`Response to Arguments
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`1.
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`Applicant's arguments filed 11x8x2o12 have been fully considered but they are
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`not persuasive.
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`Regarding applicant’s response to the §112 rejection of claim 1; applicant points
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`to a portion of the specification which names examples of high brightness light sources.
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`However, none of the cited portions of applicant's specification define a high brightness
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`light source, but the cited portions make clear that there are other high brightness light
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`sources but fails to disclose these sources. While applicant’s specification mentions the
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`high brightness light source in many contexts throughout the specification, there is no
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`explicit definition of how bright is a high brightness light source.
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`Regarding applicant’s response that Cheymol produces EUV light as opposed to
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`high brightness light; applicant has failed to distinguish in either the claims, or in the
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`specification (for the reasons stated above) that EUV is not a high brightness light
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`source.
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`Regarding applicant’s assertion that Cheymol does not disclose a gas; Cheymol
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`discloses “a jet of individual droplets (e.g. of a liquefied rare gas such as xenon)” [0052]
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`— a gas.
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`Regarding applicant’s assertion that Cheymol does not excite a gas using an
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`ignition source; Cheymol discloses that the lasers are used in "laser excitation" [0010] of
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`the target ("liquefied rare gas such as xenon"). Applicant's response in the first full
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`Application/Control Number: 131024.027
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`Page 3
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`Art Unit: 2881
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`paragraph of page 7 then states that applicant performs excitation using a laser on a
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`xenon gas source. Cheymol discloses the same materials and apparatus as claimed in
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`claim 1. It should be noted that claim 1 does not include any recitation of tuning the
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`wavelength of the laser.
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`In response to applicant’s assertion that Kusunose does not disclose high
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`brightness light; see response to arguments, above.
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`In response to applicant’s argument that Kusunose does not disclose an
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`excitation source; as stated in the previous rejection, the source in Kusunose uses
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`lasers to excite and ignite xenon gas. As stated above, Kusunose uses the same
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`materials an apparatus as claimed in claim 1. Claim 1 contains no recitation of tuning
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`the wavelength of the laser.
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`Regarding applicant’s arguments of claims 6 and 7; please see response, above.
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`Claim Rejections - 35 USC § 1' 12
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`The following is a quotation of the second paragraph of 35 U.S.C. 112:
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`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.
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`2.
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`Claim 1 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite
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`for failing to particularly point out and distinctly claim the subject matter which applicant
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`regards as the invention. The term "high" in claim 1 is a relative term which renders the
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`claim indefinite. The term "high" is not defined by the claim, the specification does not
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`provide a standard for ascertaining the requisite degree, and one of ordinary skill in the
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`art would not be reasonably apprised of the scope of the invention.
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`Application/Control Number: 13lO24,027
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`Page 4
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`Art Unit: 2881
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
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`the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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 tor patent in
`the United States.
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`3.
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`Claims 1-8 are rejected under 35 U.S.C. 102(b) as being anticipated by Cheymol
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`et al. U.S. PGPUB N0. 2006/039435.
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`Regarding claim 1, Cheymol discloses that in a chamber [0072] xenon gas may
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`be injected [0052] and then irradiated by a laser [0053] which may be an infrared laser
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`[001 0].
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`Regarding claim 2, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052]. Xenon is a noble gas.
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`Regarding claim 3, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052].
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`Regarding claim 4, Cheymol discloses that in a chamber [0072] xenon gas may
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`be injected [0052] and then irradiated by a laser [0053] which may be an infrared laser
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`[0010]_
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`Application/Control Number: 13iO24,027
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`Page 5
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`Art Unit: 2881
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`Regarding claim 5, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052]_
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`Regarding claim 6, Cheymol discloses that xenon gas may be injected into the
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`chamber [OO52]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon
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`Short-arc Discharge Lamps specifies that the prominent absorption lines of xenon occur
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`at 823, 882, and 992 nm [top paragraph, page 226].
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`Regarding claim 7, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052]_ Nakar Radiometric Characterization of Uitrahigh Radiance Xenon
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`Short-arc Discharge Lamps specifies that the prominent absorption lines of xenon occur
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`at 823, 882, and 992 nm [top paragraph, page 226].
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`Regarding claim 8, Cheymol discloses that xenon gas may be injected into the
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`chamber [D052].
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`4.
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`Claims 1-8 are rejected under 35 U.S.C. 102(b) as being anticipated by
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`Kusunose U.S. PGPUB No. 2002/0080834.
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`Regarding claim 1, Kusunose discloses that in a vacuum chamber [0026], a
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`target material of xenon gas [0027] may be irradiated with an infrared laser [0025] to
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`produce extreme ultraviolet radiation [O026].
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`Application/Control Number: 13iO24,027
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`Page 6
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`Art Unit: 2881
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`Regarding claim 2, Kusunose discloses that the target material may be xenon
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`gas [U027]. Xenon is a noble gas.
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`Regarding claim 3, Kusunose discloses that the target material may be xenon
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`gas [0027].
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`Regarding claim 4, Kusunose discloses that in a vacuum chamber [0026], a
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`target material of xenon gas [0027] may be irradiated with an infrared laser [0025] to
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`produce extreme ultraviolet radiation [0026].
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`Regarding claim 5, Kusunose discloses that the target material may be xenon
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`gas [U027].
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`Regarding claim 6, Kusunose discloses that the target material may be xenon
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`gas [0027]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon Short-arc
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`Discharge Lamps specifies that the prominent absorption lines of xenon occur at 823,
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`882, and 992 nm [top paragraph, page 226].
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`Regarding claim 7, Kusunose discloses that the target material may be xenon
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`gas [U027]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon Short—arc
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`Application/Control Number: 13,024,027
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`Page 7
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`Art Unit: 2881
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`Discharge Lamps specifies that the prominent absorption lines of xenon occur at 823,
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`882, and 992 nm [top paragraph, page 226].
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`Regarding claim 8, Kusunose discloses that the target material may be xenon
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`gas [U027].
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`Conclusion
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`5.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JASON MCCORMACK whose telephone number is
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`(571)270-1489. The examiner can normally be reached on Monday — Thursday 7:00am
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`— 3:00pm.
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`
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`Application/Control Number: 13,024,027
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`Page 8
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`Art Unit: 2881
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Robert Kim can be reached on (571 )272-2293. The fax phone number for
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`the organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair—direct.usptogov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
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`/JASON MCCORMACKI’
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`Examiner, Art Unit 2881
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`!ROBERT KIIW
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`Supervisory Patent Examiner, Art Unit 2881