IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`First Named Inventor: Achim WOESSNER
`
`Confirmation No.: To Be Assigned
`
`Applicant: ASML Netherlands B.V.
`
`Art Unit: To Be Assigned
`
`Application No.: To Be Assigned
`
`Examiner: To Be Assigned
`
`Filing Date: Herewith
`
`Atty. Docket: 3857.2990001
`
`Title: Measurement System And Method Of Use
`
`Information Disclosure Statement
`
`Mail Stop Amendment
`
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`Commissioner:
`
`Listed on accompanying IDS Forms PTO/SB/08a equivalent and PTO/SB/08b equivalent
`
`are documents that may be considered material to the patentability of this application as defined in
`
`37 C.F.R. §1.56, and in compliance with the duty of disclosure requirements of 37 C.F.R. §§ 1.97
`
`and 1.98.
`
`Applicant haslisted publication dates on the attached IDS Forms based on information
`
`presently available to the undersigned. However,the listed publication dates should not be
`
`construed as an admission that the information wasactually published on the date indicated.
`
`Applicant reserves the right to establish the patentability of the claimed invention over any
`
`of the information provided herewith, and/or to prove that this information maynotbe priorart,
`
`and/or to prove that this information may not be enabling for the teachings purportedly offered.
`
`This statement should not be construed as a representation that a search has been made, or
`
`that information more material to the examination of the present patent application does not exist.
`
`The Examineris specifically requested not to rely solely on the material submitted herewith.
`
`

`

`-2-
`
`ASML Netherlands B.V.
`Application No. To Be Assigned
`
`Applicant has checked the appropriate boxes below.
`
`[] 1.
`
`Statement under 37 C.F.R. 1.704(d). Each item of information contained in this Information
`
`Disclosure Statement: (i) wasfirst cited in any communication from a patent office in a
`
`counterpart! foreign or international application or from the Office; and this communication
`
`wasnot received by any individual designated in Sec. 1.56(c) more than thirty days prior to
`
`the filing of this information disclosure statement; OR (ii) is a communication that was
`
`issued by a patent office in a counterpart foreign or international application or by the
`
`Office, and this communication was not received by any individual designated in Sec.
`
`1.56(c) more than thirty days prior to the filing of the information disclosure statement.
`
`Filing under 37 C.F.R. § 1.97(b). This Information Disclosure Statementis beingfiled
`
`within three monthsofthe date offiling of a national application other than a continued
`
`prosecution application (CPA), OR within three monthsof the date of entry of the national
`
`stage as set forth in 37 C.F.R. § 1.491 in an international application, OR before the mailing
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`date of a first Office Action on the merits OR before the mailing of a first Office Action
`
`after the filing of a request for continued examination under 37 C.F.R. § 1.114. No statement
`
`or fee is required.
`
`[]3.
`
`Filing under 37 C.F.R. § 1.97(c). This Information Disclosure Statementis being filed more
`
`than three monthsafter the U.S. filing date AND after the mailing date ofthe first Office
`
`‘The term counterpart foreign patent application means that a claim for priority has been made in
`either the U.S. application or a foreign application based on the other, or that the disclosures of the
`US. and foreign patent applications are substantively identical (e.g., an application filed in the
`European Patent Office claiming the same U.K. priority as claimed in the U.S. application).
`
`Atty. Dkt. No. 3857.2990001
`
`

`

`-3-
`
`ASML Netherlands B.V.
`Application No. To Be Assigned
`
`Action on the merits, but before the mailing date of a Final Rejection, or Notice of
`
`Allowance, or an action that otherwise closes prosecution in the application.
`
`La.
`
`Statement under 37 C.F.R. § 1.97(e)(1). [hereby state that each item of information
`
`contained in this Information Disclosure Statement wasfirst cited in any
`
`communication from a foreign patent office in a counterpart foreign application not
`
`more than three monthspriorto the filing of this Information Disclosure Statement.
`
`37 CFR. § 1.97(e)(1).
`
`Statement under 37 C.F.R. § 1.97(e)(2). [hereby state that no item of information in
`
`this Information Disclosure Statement was cited in a communication from a foreign
`
`patent office in a counterpart foreign application and, to my knowledge after making
`
`reasonable inquiry, was knownto any individual designated in 37 C.F.R. § 1.56(c)
`
`more than three monthspriorto the filing of this Information Disclosure Statement.
`
`37 CFR. § 1.97(e)(2).
`
`Llc.
`
`The required fee is provided through online credit card payment authorization in the
`
`amount of $260.00 in payment of the fee under 37 C.F.R. § 1.17(p).
`
`Filing under 37 C.F.R. § 1.97(d) This Information Disclosure Statementis being filed more
`
`than three monthsafter the U.S. filing date and after the mailing date of a Final Rejection or
`
`Notice of Allowance, but on or before payment of the Issue Fee. The required fee is
`
`provided through online credit card payment authorization in the amount of $260.00 in
`
`paymentof the fee under 37 C.F.R. § 1.17(p); in addition:
`
`Atty. Dkt. No. 3857.2990001
`
`

`

`-4-
`
`ASML Netherlands B.V.
`Application No. To Be Assigned
`
`La.
`
`Statement under 37 C.F.R. § 1.97(e)(1). [hereby state that each item of information
`
`contained in this Information Disclosure Statement wasfirst cited in any
`
`communication from a foreign patent office in a counterpart foreign application not
`
`more than three monthspriorto the filing of this Information Disclosure Statement.
`
`37 CFR. § 1.97(e)(1).
`
`[|b.
`
`Statement under 37 C.F.R. § 1.97(e)(2). [hereby state that no item of information in
`
`this Information Disclosure Statement was cited in a communication from a foreign
`
`patent office in a counterpart foreign application and, to my knowledge after making
`
`reasonable inquiry, was knownto any individual designated in 37 C.F.R. § 1.56(c)
`
`more than three monthspriorto the filing of this Information Disclosure Statement.
`
`37 CFR. § 1.97(e)(2).
`
`The patent family for one or more foreign language documents submitted herewith includes
`
`a United States patent, and other patent, in the English language. Copies of both the
`
`particular foreign patent(s) or published foreign patent applicationscited in the foreign
`
`patent office communication, and that are not already of record in this application, are
`
`enclosed. Copies of the related United States or other English language patent or published
`
`application from the family list, if not already of record, are listed on the accompanying
`
`SB/08A form. For the purposes of a statement under 37 CFR 1.97(e)(1), the United States or
`
`other English language patent or published application are to be construed as being cited by
`
`the foreign patent office. MPEP 609.04(b)(V).
`
`Atty. Dkt. No. 3857.2990001
`
`

`

`-5-
`
`ASML Netherlands B.V.
`Application No. To Be Assigned
`
`The document(s) was/were cited in a search report by a foreign patent office in a counterpart
`
`foreign application. Submission of an English language version of the search report that
`
`indicates the degree of relevance found by the foreign office is providedin satisfaction of
`
`the requirement for a concise explanation of relevance. MPEP 609.04(a)(III).
`
`A concise explanation of the relevance of the non-English language document(s) appears
`
`below in accordance with 37 C.F.R. § 1.98(a)(3).
`
`Copies of documents FP1-FP2 and NPL1 are submitted. However, in accordance with 37
`
`C.F.R. § 1.98(a)(2)(11), no copies of U.S. patents and patent application publications cited as
`
`documents US1-US6on the attached IDS Form are submitted.
`
`Copies of the
`
`documents werecited by or submitted to the Office
`
`in an IDS that complies with 37 C.F.R. § 1.98(a)-(c) in Application No.
`
`, filed
`
`, whichis relied upon for an earlierfiling date under 35 U.S.C. § 120. Thus,
`
`copies of these documents are not attached. 37 C.F.R. § 1.98(d).
`
`[] 10.
`
`It is expected that the examiner will review the prosecution and cited art in the parent
`
`Application No(s).
`
`in accordance with MPEP 2001.06(b), and
`
`indicate in the next communication from the office that the art cited in the earlier
`
`prosecution history has been reviewed in connection with the present application.
`
`. Applicants submit herewith Office Actions from the co-pending U.S. Patent Application
`
`No.
`
`
`
`, filed to , aS documents
`
`
`
`The identification of these Office Actions is not to be construed as a waiver of secrecy as to
`
`those applications now or upon issuance of the present application as a patent. The Examiner
`
`Atty. Dkt. No. 3857.2990001
`
`

`

`-6-
`
`ASML Netherlands B.V.
`Application No. To Be Assigned
`
`is respectfully requested to consider the cited applications andthe art cited therein during
`
`examination.
`
`It is respectfully requested that the Examinerinitial and return a copy of the enclosed IDS
`
`Forms, and indicate in the official file wrapper of this patent application that the documents have
`
`been considered.
`
`The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or
`
`credit any overpayment, to our Deposit Account No. 19-0036.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Donald J. Featherstone/
`
`Donald J. Featherstone
`Attorney for Applicant
`Registration No. 33,876
`
`Date: May 8, 2023
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`Atty. Dkt. No. 3857.2990001
`
`

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