Ex Parte Van Empel et al

Patent Trial and Appeal Board

Feb 28, 2017

12710752 (P.T.A.B. Feb. 28, 2017)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
12/710,752 02/23/2010 Tjarko Adriaan Rudolf VAN EMPEL 081468-0385255 9334
909 7590
Pillsbury Winthrop Shaw Pittman, LLP
PO Box 10500
McLean, VA 22102
EXAMINER
LIU, CHIA HOW MICHAEL
ART UNIT PAPER NUMBER
2882
NOTIFICATION DATE DELIVERY MODE
03/02/2017 ELECTRONIC
Please find below and/or 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):
docket_ip@pillsburylaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte TJARKO ADRIAAN RUDOLF, MARTIJN HOUKES,
and NORBERT ERWIN THERENZO JANSEN1
Appeal 2016-000088
Application 12/710,752
Technology Center 2800
Before JEFFREY T. SMITH, BEVERLY A. FRANKLIN and
MONTE T. SQUIRE, Administrative Patent Judges.
SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal under 35 U.S.C. § 134(a) from the
Examiner’s final rejection of claims 1, 4—16, and 18. We have jurisdiction
pursuant to 35 U.S.C. § 6(b). We REVERSE.
1 According to the Appeal Brief, the Real Party in Interest is ASML
Netherlands B.V. (App. Br. 2).
Appeal 2016-000088
Application 12/710,752
BACKGROUND
Appellants’ invention relates to a positioning apparatus provided with
a first object and a second object and flexible transportation line comprising
a first hinge, a substantially straight, and dimensionally stable first part and a
substantially straight and dimensionally stable second part (independent
claims 1 and 18) and a lithographic apparatus including such a positioning
apparatus (independent claim 9). Claim 1 is reproduced below from the
Claims Appendix to the principal Brief. The limitations at issue are
italicized.
1. A positioning apparatus comprising:
a first object and a second object;
a positioning system configured to position the first and
the second objects with respect to each other; and
a flexible transportation line that is connected to the first
and the second objects, the flexible transportation line having a
stiffness that varies along the flexible transportation line such
that said flexible transportation line can be represented by a
dynamic transfer function, said dynamic transfer function being
adapted to a closed-loop transfer function of the positioning
system,
wherein the flexible transportation line comprises a first
hinge, a substantially straight, and dimensionally stable first
part and a substantially straight and dimensionally stable
second part that each have an end connected to the first hinge,
and wherein the first part and the second part are connected via
the first hinge such that the first and second parts can pivot with
respect to each other and each of the first and second parts have
a longitudinal shape that remain unchanged when the first and
second parts pivot with respect to each other, and
wherein, in use, a part of the flexible transportation line
forming said first hinge twists during pivot movement between
said first part and said second part to enable said pivot
movement.
2
Appeal 2016-000088
Application 12/710,752
The Examiner maintains, and Appellants appeal, the following
rejections:
Claims 1, 4, 8, 13—16, and 18 under 35 U.S.C. § 102(b) as anticipated
by Jacobs et al., (US 6,879,377 B2, Apr. 12, 2005) (“Jacobs”).
Claims 9-12 are rejected under 35 U.S.C. § 103(a) as unpatentable
over Jacobs.
OPINION2
The dispositive issue on appeal is: Did the Examiner err in
determining that Jacobs describes a positioning apparatus that having a
flexible transportation line comprises a first hinge, a substantially straight,
and dimensionally stable first part and a substantially straight and
dimensionally stable second part that each have an end connected to the first
hinge as required by independent claims 1, 9, and 18?
After review of the respective positions provided by Appellants and
the Examiner, we agree with Appellants that the Examiner did not establish
that Jacobs describes a positioning apparatus having a flexible transportation
line that is connected to a first hinge as required by independent claims 1, 9,
and 18.3
The Examiner found Jacobs describes in Figure 5 a positioning
apparatus that comprises a flexible transportation line comprising a first
hinge (BR2), a substantially straight and dimensionally stable first part (C2
left part) t and a substantially straight and dimensionally stable second part
2 We limit our discussion to independent claims 1, 9, and 18.
3 The statement of the rejections on appeal appear in the August 8, 2014
Final Office Action.
3
Appeal 2016-000088
Application 12/710,752
(C2 right part) that each have it in connected to the first hinge. (Final Act.
3). The Examiner further found Jacobs describes a part of the flexible
transportation line forming said first hinge (C2 at BR2) twists during pivot
movement between said first part and said second part to enable said pivot
movement. (App. Br. 7)
Appellants argue, referencing the components in Figure 2, none of the
conduits C2 and C3 of Jacobs have a substantially straight and
dimensionally stable first part and a substantially straight and dimensionally
stable second part that each have an end connected to the first hinge.
Appellants argue, in Jacobs, the right and left parts connecting the fixed
bend BR2, BR3 are not substantially straight and dimensionally stable as
required by the claimed invention. (App. Br. 7—10). Appellants argue
Jacobs’ Figure 5 depicts the conduit C2 where the left and right portions
remain unchanged during pivot movement and that there is no attachment
points are provided between the conduit C2 and the sub-frame SF along the
legs of the sub-frame SF. (Reply Br. 5).
We agree with Appellants. The Examiner has not adequately
addressed how Jacobs’ conduit C2 has a substantially straight and
dimensionally stable first and second part that each have an end connected to
the first hinge as required by the claimed invention. The Examiner has failed
to explain how the fixed bend BR2 is a hinge as required by the claimed
invention. The Examiner also has not directed us to evidence in Jacobs that
establishes the conduit C2 is attached to the sub-frame SF such that it
remained substantially straight and dimensionally stable.4
4 While we agree with Appellants (App. Br. 11) that the Examiner has
not identified a portion of Jacobs that describe a flexible transportation line
4
Appeal 2016-000088
Application 12/710,752
Thus, the Examiner has not carried the burden of establishing that the
disclosure of Jacobs anticipates in the first instance by pointing out where
each and every element of the claimed invention, arranged as required by the
claim, is described identically in the reference, either expressly or under the
principles of inherency, in a manner sufficient to have placed a person of
ordinary skill in the art in possession thereof. See In re Spada, 911 F.2d
705, 708 (Fed. Cir. 1990).* * * 5
We reverse the appealed prior art rejections.
REVERSED
forming a first hinge that twists during pivot movement, we also agree with
the Examiner (Ans. 5) the Specification does not provide a definition of
“twist.”
5 The obviousness rejection fails for the same reason. Independent claim 9,
like independent claims 1, and 18, requires a positioning apparatus that
having a flexible transportation line comprises a first hinge, a substantially
straight, and dimensionally stable first part and a substantially straight and
dimensionally stable second part that each have an end connected to the first
hinge. The Examiner rejected independent claim 9 as obvious to address the
additional requirement for the flexible transportation line that is connected to
a long stroke module and a short stroke module. (Final Act. 6).
5