Prosecution Insights
Last updated: October 02, 2026
Application No. 16/887,885

Charged Particle Beam System and Overlay Shift Amount Measurement Method

Non-Final OA §103
Filed
May 29, 2020
Priority
Aug 20, 2019 — JP 2019-150662
Examiner
OSENBAUGH-STEWART, ELIZA W
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hitachi Ltd.
OA Round
8 (Non-Final)
73%
Grant Probability
Favorable
8-9
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
503 granted / 689 resolved
+5.0% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
43 currently pending
Career history
735
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
48.6%
+8.6% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 689 resolved cases

Office Action

§103
DETAILED ACTION This Office action is in response to the request for continued examination filed on May 12th, 2026. Claims 1-4 and 6-16 are pending. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-4, 7-13, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0056014 (Yamamoto et al.) in view of US 2015/0002652 (Takasugi et al.). Regarding claim 1, Yamamoto et al. discloses a charged particle beam system comprising: a charged particle beam irradiating unit that irradiates a sample with charged particle beams (fig. 1, element 1); a detector that detects a signal from the sample (fig. 1, elements 9 & 10); and a computer system, including a graphical user interface, that measures an overlay shift amount between a first layer of the sample and a second layer lower than the first layer based on output of the detector (fig. 1, element 19, wherein ‘A GUI, which will be described later, is displayed on the non-illustrated monitor.’ P 33), wherein the computer system is configured to generate a plurality of first images with respect to the first layer and a plurality of second images with respect to the second layer based on the output of the detector (fig. 4A, step 37), from among the plurality of first images and the plurality of second images, generate a first added image by adding the first images by a first added number of images and generate a second added image by adding the second images by a second added number of images (fig. 4C, steps 38e & 38g), and measure an overlay shift amount between the first layer and the second layer based on the first added image and the second added image (fig. 4C, step 38j), wherein the computer system is configured to be able to determine an initial image of the first added image for adding among a plurality of captured images, in addition to the first added number of images and the second added number of images (inherent in the adding step, an initial image must be chosen to begin addition), and wherein the graphical user interface displays a wafer map display area that displays a shape of the sample on a map (fig. 5 & 8-9, element 52), an image display area that selectively displays images of the sample (fig. 5 & 8-9, element 53), a template registration area configured to receive inputs for registering a plurality of template images (fig. 5, portion below the template registration tab, element 61a), and a measurement point registration area including a measurement chip setting area and an in-chip coordinate setting area respectively configured to receive inputs of in-wafer coordinates of a chip and in-chip coordinates of the measurement points to be measured (fig. 8-9, portion below the measurement registration tab, element 61b). Yamamoto et al. does not disclose the graphical user interface including a selection for whether to perform drift correction, and in a case in which drift correction is selected, the graphical user interface provides a drift correction setting screen in which drift correction settings, including a pixel range used for detecting a drift amount with respect to the captured images, an added number of images with respect to images which are a drift correction target, and a range of the images to be the drift correction target, are separately selectable for the first layer and the second layer, and wherein a first range of the first added number of images and a second range of the second added number of images are selectable via the graphical user interface, such that the first range begins at any of the first images and the second range begins at any of the second images. Yamamoto et al. also does not disclose the first added number of images is 2 and the second added number of images is 256, or that the four display areas recited in the final clause are displayed simultaneously. Regarding displaying the wafer map display area, the image display area, the template registration area, and the measurement point registration area simultaneously, Yamamoto discloses displaying the wafer map display area, the image display area, and either the template registration area or the measurement point registration area simultaneously, with the template registration area and measurement point registration area being selected via tab. Simultaneous display simply involves resizing the display areas so both can fit on the screen, which is clearly within the ordinary skill in the art, and this would have been obvious as a matter of design choice. Takasugi et al. discloses a charged particle beam system with a computer system configured to generate added images by generating a plurality of images and adding specified number of them (‘The number of images for forming a single completed image (frame integration number) may be arbitrarily set, and thus a proper value is set in view of conditions such as secondary electron generation efficiency.’ P 49) and includes a graphical user interface wherein whether to perform drift correction is selectable via the graphical user interface, and in a case in which drift correction is selected, the graphical user interface provides a drift correction setting screen in which drift correction settings, including a pixel range used for detecting a drift amount with respect to the captured images (fig. 8). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify Yamamoto et al. to include the drift correction GUI of Takasugi et al. so that the blurring effect of drift could be corrected if needed, as disclosed by Takasugi et al. (‘For example, in the method where the target image is acquired by integrating the image signals obtained by high speed scan on a pixel by pixel basis (frame integration), if there is a drift during image integration due to a charge-up or the like of the sample, pixels with a displaced field of view would be integrated, resulting in the target image after integration being blurred in the drift direction.’ P 2). It would further have been obvious to make an added number of images with respect to images which are a drift correction target, and a range of the images to be the drift correction target, separately selectable for the first layer and the second layer, and to use a large number of images for the second added number because this is known to increase the signal to noise ratio at the expense of increasing charge up blurring (‘For example, in the method where the target image is acquired by integrating the image signals obtained by high speed scan on a pixel by pixel basis (frame integration), if there is a drift during image integration due to a charge-up or the like of the sample, pixels with a displaced field of view would be integrated, resulting in the target image after integration being blurred in the drift direction. In order to decrease the influence of drift, the number of integrated frames may be decreased so as to shorten the integration time; however, this makes it difficult to obtain a sufficient S/N ratio.’ P 2) and it is well-known that backscattered electron images have a lower resolution than secondary electron images. On the other hand, secondary electron images are more prone to charging effects, and would be optimized at a small number of frames. The particular values of 2 and 256 do not appear to serve any particular purpose beyond the reasons for small and large numbers discussed above. Finally, it would have been obvious to a person having ordinary skill in the art at the time the application was file to use the graphical user interface to allow the user to select a first range of the first added number of images and a second range of the second added number of images such that the first range begins at any of the first images and the second range begins at any of the second images to allow the user greater flexibility in choosing which images are included in the final integrations based on changing imaging conditions. Regarding claim 2, Yamamoto et al. in view of Takasugi et al. disclose the charged particle beam system according to claim 1, wherein the computer system is configured to perform a matching process between a first template image and the first added image (‘Further, an image is cut out from the added image 136 for upper-layer pattern at a position corresponding to the cut out image 152 to create an image 153 having the same portion as that of the template 69.’ P 78), perform a matching process between a second template image and the second added image (‘First, a position 151 in the added image 146 for lower-layer pattern that coincides with the template 70 is calculated’ P 78), and measure an overlay shift amount between the first layer and the second layer according to results of the matching processes (‘The superposition misalignment amount is calculated, according to the following expressions, from the pixel-based center position 154 (Mx, My) of the upper-layer pattern, pixel-based center position 156 (Nx, Ny) of the lower-layer pattern, and the pixel size S.’ P 79). Regarding claim 3, Yamamoto et al. in view of Takasugi et al. disclose the charged particle beam system according to claim 1, wherein the computer system generates the first images based on information of secondary electrons generated by irradiating the sample with the charged particle beams and generates the second images based on information of backscattered electrons generated by irradiating the sample with the charged particle beams (‘For example, for the upper-layer pattern, a signal from a secondary electron detector (SE detector) by which an edge portion is clearly imaged is used, while for the lower-layer pattern, a signal from a reflected electron detector (BSE detector) by which material contrast is easily obtained is used.’ P 50). Regarding claim 4, Yamamoto et al. in view of Takasugi et al. disclose the charged particle beam system according to claim 1, wherein the computer system is configured to set the first added number of images and the second added number of images (Takasugi et al., ‘The number of images for forming a single completed image (frame integration number) may be arbitrarily set, and thus a proper value is set in view of conditions such as secondary electron generation efficiency.’ P 49). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the apparatus of Yamamoto et al. to allow for setting of the first and second number of added images as in Takasugi et al. so that the number could be set differently for different imaging conditions. Regarding claim 7, Yamamoto et al. in view of Takasugi et al. disclose the charged particle beam system according to claim 1, wherein the computer system generates the first added image and the second added image by adding images after drift correction for reducing an influence due to drift (Takasugi et al., fig. 2, step S2011). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the system of Yamamoto et al. to include the drift correction of Takasugi et al. to reduce blur from drift, a problem with image integration disclosed in Takasugi et al. (‘For example, in the method where the target image is acquired by integrating the image signals obtained by high speed scan on a pixel by pixel basis (frame integration), if there is a drift during image integration due to a charge-up or the like of the sample, pixels with a displaced field of view would be integrated, resulting in the target image after integration being blurred in the drift direction.’ P 2). Regarding claim 8, Yamamoto et al. in view of Takasugi et al. disclose the the claimed invention except for generating a plurality of intermediate images by adding the second images for each third number of images smaller than the second added number of images, and the drift correction is performed according to a shift amount between the plurality of intermediate images. However, it would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the drift correction method of Takasugi et al. in this manner to reduce the computational complexity, as forming intermediate images and performing drift correction in this manner requires looping through the drift correction steps fewer times. Regarding claim 9, Yamamoto et al. discloses an overlay shift amount measurement method of measuring an overlay shift amount between different layers of a sample based on a signal detected by a detector by irradiating the sample with charged particle beams, the method comprising: a step of generating a plurality of first images with respect to a first layer of the sample and a plurality of second images with respect to a second layer lower than the first layer based on output of the detector (fig. 4A, step 37); a step of generating, from among the plurality of first images and the plurality of second images, a first added image by adding the first images by a first added number of images and generating a second added image by adding the second images by a second added number of images (fig. 4C, steps 38e & 38g); a step of measuring an overlay shift amount between the first layer and the second layer based on the first added image and the second added image (fig. 4c, step 38j); and a step of determining an initial image of the first added image for adding among a plurality of captured images, in addition to the first added number of images and the second added number of images (inherent in the generation of the added images, initial images must be determined in order to do this), wherein the graphical user interface displays a wafer map display area that displays a shape of the sample on a map (fig. 5 & 8-9, element 52), an image display area that selectively displays images of the sample (fig. 5 & 8-9, element 53), a template registration area configured to receive inputs for registering a plurality of template images (fig. 5, portion below the template registration tab, element 61a), and a measurement point registration area including a measurement chip setting area and an in-chip coordinate setting area respectively configured to receive inputs of in-wafer coordinates of a chip and in-chip coordinates of the measurement points to be measured (fig. 8-9, portion below the measurement registration tab, element 61b). Regarding displaying the wafer map display area, the image display area, the template registration area, and the measurement point registration area simultaneously, Yamamoto discloses displaying the wafer map display area, the image display area, and either the template registration area or the measurement point registration area simultaneously, with the template registration area and measurement point registration area being selected via tab. Simultaneous display simply involves resizing the display areas so both can fit on the screen, which is clearly within the ordinary skill in the art, and this would have been obvious as a matter of design choice. Takasugi et al. discloses a charged particle beam system with a computer system configured to generate added images by generating a plurality of images and adding specified number of them (‘The number of images for forming a single completed image (frame integration number) may be arbitrarily set, and thus a proper value is set in view of conditions such as secondary electron generation efficiency.’ P 49) and includes a graphical user interface wherein whether to perform drift correction is selectable via the graphical user interface, and in a case in which drift correction is selected, the graphical user interface provides a drift correction setting screen in which drift correction settings, including a pixel range used for detecting a drift amount with respect to the captured images (fig. 8). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify Yamamoto et al. to include the drift correction GUI of Takasugi et al. so that the blurring effect of drift could be corrected if needed, as disclosed by Takasugi et al. (‘For example, in the method where the target image is acquired by integrating the image signals obtained by high speed scan on a pixel by pixel basis (frame integration), if there is a drift during image integration due to a charge-up or the like of the sample, pixels with a displaced field of view would be integrated, resulting in the target image after integration being blurred in the drift direction.’ P 2). It would further have been obvious to make an added number of images with respect to images which are a drift correction target, and a range of the images to be the drift correction target, separately selectable for the first layer and the second layer, and to use a greater number of images for the second added number because this is known to increase the signal to noise ratio at the expense of increasing charge up blurring (‘For example, in the method where the target image is acquired by integrating the image signals obtained by high speed scan on a pixel by pixel basis (frame integration), if there is a drift during image integration due to a charge-up or the like of the sample, pixels with a displaced field of view would be integrated, resulting in the target image after integration being blurred in the drift direction. In order to decrease the influence of drift, the number of integrated frames may be decreased so as to shorten the integration time; however, this makes it difficult to obtain a sufficient S/N ratio.’ P 2) and it is well-known that backscattered electron images have a lower resolution than secondary electron images. On the other hand, secondary electron images are more prone to charging effects, and would be optimized at a smaller number of frames. The particular values of 2 and 256 do not appear to serve any particular purpose beyond the reasons for small and large numbers discussed above. Finally, it would have been obvious to a person having ordinary skill in the art at the time the application was file to use the graphical user interface to allow the user to select a first range of the first added number of images and a second range of the second added number of images such that the first range begins at any of the first images and the second range begins at any of the second images to allow the user greater flexibility in choosing which images are included in the final integrations based on changing imaging conditions. Regarding claim 10, Yamamoto et al. in view of Takasugi et al. disclose the overlay shift amount measurement method according to claim 9, further comprising: a step of performing a matching process between a first template image and the first added image and performing a matching process between a second template image and the second added image (‘First, a position 151 in the added image 146 for lower-layer pattern that coincides with the template 70 is calculated … Further, an image is cut out from the added image 136 for upper-layer pattern at a position corresponding to the cut out image 152 to create an image 153 having the same portion as that of the template 69.’ P 78), wherein the overlay shift amount measurement is performed according to results of the matching processes (‘The superposition misalignment amount is calculated, according to the following expressions, from the pixel-based center position 154 (Mx, My) of the upper-layer pattern, pixel-based center position 156 (Nx, Ny) of the lower-layer pattern, and the pixel size S.’ P 79). Regarding claim 11, Yamamoto et al. in view of Takasugi et al. disclose the overlay shift amount measurement method according to claim 9, wherein the first images are generated based on information of secondary electrons generated by irradiating the sample with the charged particle beams, and the second images are generated based on information of backscattered electrons generated by irradiating the sample with the charged particle beams (‘For example, for the upper-layer pattern, a signal from a secondary electron detector (SE detector) by which an edge portion is clearly imaged is used, while for the lower-layer pattern, a signal from a reflected electron detector (BSE detector) by which material contrast is easily obtained is used.’ P 50). Regarding claim 12, Yamamoto et al. in view of Takasugi et al. disclose the overlay shift amount measurement method according to claim 9, further comprising: a step of setting the first added number of images and the second added number of images (Takasugi et al., ‘The number of images for forming a single completed image (frame integration number) may be arbitrarily set, and thus a proper value is set in view of conditions such as secondary electron generation efficiency.’ P 49). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the apparatus of Yamamoto et al. to allow for setting of the first and second number of added images as in Takasugi et al. so that the number could be set differently for different imaging conditions. Regarding claim 13, Yamamoto et al. in view of Takasugi et al. disclose the claimed invention except for determining which specific images are selected for adding from among the plurality of first images and the plurality of second images. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the system and method of Yamamoto et al. to include selection of specific images for adding from among the captured images so that only images taken after the sample has charging effects began to level out, avoiding the large drift amounts that occur in early images, an effect known at least to Takasugi et al. (‘FIG. 11 shows a graph of the drift amount and its approximation curve. When the drift is due to the influence of charging, a tendency is such that the drift amount is large immediately after the start of image acquisition and then gradually converges thereafter.’ P 90). Regarding claim 15, Yamamoto et al. in view of Takasugi et al. disclose the overlay shift amount measurement method according to claim 9, wherein, in generation of the first added image and the second added image, the first added image and the second added image are generated by adding an after drift correction for reducing an influence due to drift (Takasugi et al., fig. 2, step S2011). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the system of Yamamoto et al. to include the drift correction of Takasugi et al. to reduce blur from drift, a problem with image integration disclosed in Takasugi et al. (‘For example, in the method where the target image is acquired by integrating the image signals obtained by high speed scan on a pixel by pixel basis (frame integration), if there is a drift during image integration due to a charge-up or the like of the sample, pixels with a displaced field of view would be integrated, resulting in the target image after integration being blurred in the drift direction.’ P 2). Regarding claim 16, Yamamoto et al. in view of Takasugi et al. disclose the claimed invention except for generating a plurality of intermediate images by adding the second images for each third number of images smaller than the second added number of images, and the drift correction is performed according to a shift amount between the plurality of intermediate images. However, it would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the drift correction method of Takasugi et al. in this manner to reduce the computational complexity, as forming intermediate images and performing drift correction in this manner requires looping through the drift correction steps fewer times. Claims 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. in view of Takasugi et al. as applied to claims 1 & 9 above, and further in view of US 2019/027841 (Xiao). Regarding claims 6 and 14, Yamamoto et al. in view Takasugi et al. disclose the claimed invention except for generating the added images by adding a plurality of images obtained by differentiating a scanning direction of the charged particle beams. Xiao discloses a charged particle beam system and method for forming added images where the images are obtained by differentiating the scanning direction of the charged particle beams (fig. 3C, steps 354, 356, and 358). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the system and method of Yamamoto et al. to include the multi-directional scanning of Xiao to remove the effect of asymmetries, as disclosed in Xiao (‘In sum, e-beam patterns that scan in both +X and −X (east and west) directions or in both +Y and −Y (north and south) directions can be used to form combined symmetric target images for X and Y direction grating structures, respectively. The asymmetries in the two different images that were formed by the two directional, but symmetrical, scans may then be combined to form a symmetric image. The symmetric image may then be analyzed for accurate overlay (or other measurements, such as CD) determination.’ P 43). Response to Arguments Applicant’s arguments filed May 12th, 2026 have been considered but are moot because the ground of rejection does not rely on the references for the element applicant argues is not present in the references, relying on obviousness instead. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZA W OSENBAUGH-STEWART whose telephone number is (571)270-5782. The examiner can normally be reached 10am - 6pm Pacific Time M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at 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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ELIZA W OSENBAUGH-STEWART/Primary Examiner, Art Unit 2881
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Prosecution Timeline

Show 11 earlier events
Dec 16, 2024
Request for Continued Examination
Dec 19, 2024
Response after Non-Final Action
Mar 18, 2025
Non-Final Rejection mailed — §103
Sep 02, 2025
Response Filed
Nov 13, 2025
Final Rejection mailed — §103
May 12, 2026
Request for Continued Examination
May 15, 2026
Response after Non-Final Action
Aug 26, 2026
Non-Final Rejection mailed — §103 (current)

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Expected OA Rounds
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