DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 28, 2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-4, 6, 10, 11, 13-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. [US 2009/0116014] in view of Segawa [US 2016/0223321] and Sho [US 2017/0263508].
For claims 1, 3, 4, 6, 10, 11, 13-15, and 17 Smith teaches a method comprising:
illuminating a target (overlay target may be the structures of any active feature that includes overlying layers, where the displacement of one layer relative to another may be used to determine alignment, see [0056]-[0057] and Figs. 14 and 15) comprising a feature in photoresist (active features may be formed from photoresist, see [0056]) of a formed, or being formed, functional integrated circuit (active features 104), with illumination radiation from a radiation source (illumination from light source, see [0033] and [0054]) of an optical instrument;
detecting diffracted radiation from the target (light reflected from a surface that is incident on the camera, see [0033] and [0054] and Figs. 3, 5, and 6); and
determining a parameter of a manufacturing process (overlay) from an asymmetry determined with respect to a central position (asymmetry to overlay error using measured center relative zero, see [0039]-[0050], see Figs. 7-9) in a distribution of optical characteristic values (intensity, see Fig. 10) versus position (X) obtained from the detected radiation,
wherein the target comprises a first structure in a first layer (active features may be formed from photoresist, see [0056]); and
a second structure in a second layer underlying the first layer (active feature of a bottom layer 108), and wherein the first structure comprises a feature in a photoresist overlying a feature of a formed, or being formed, functional integrated circuit (see [0056]-[0057]).
Smith fails to explicitly teach the first structure comprises at least a lithographically formed and to-be-etched-open opening in photoresist overlying a feature of a formed, or being formed, functional integrated circuit and a diffraction structure, wherein a top of the diffraction structure is spaced apart from, and below, a bottom of the feature and a cross-sectional dimension of at least part of the feature is smaller than a distance between two adjacent elements of the diffraction structure; wherein the second structure comprises at least two lithographically formed elements of a grating and a top of the elements is spaced apart from, and below a bottom of a groove opening configured to diffract radiation, and wherein the elements of the grating of the second structure are 2 longitudinal bars.
Segawa teaches the target (see Figs. 3A-3E and [0020]) comprises: a first structure (B*) in a first layer (R1); and a second structure (A*) in a second layer underlying the first layer (see Fig. 3A), wherein the second structure comprises at least two lithographically formed elements of a grating (A2 and A1) and a top of the elements is spaced apart from and below a bottom of a groove (by length H, see Fig. 3A), and a cross-sectional dimension of at least part of the feature is smaller than a distance between two adjacent elements of the diffraction structure (relationship between B* and two parallel elements A* shown in Figs. 3D and 3E); the grating configured to diffract radiation (inherent feature of a bar shaped marks A*), and wherein the first structure comprises at least a lithographically formed and to-be-etched-open opening in photoresist overlying (opening in resist R1) a feature of a formed, or being formed, functional integrated circuit (SK layered body, see Figs. 6-9), the feature configured to diffract radiation, and wherein the elements of the grating of the second structure are 2 longitudinal bars (see Fig. 3E).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the active structure as taught by Segawa as the overlay target as taught by Smith in order to determine alignment of the features of the word line region to ensure accurate positioning of the device features to produce an operational device.
Smith and Ogawa fail to explicitly teach at least one side of the feature is angled along a thickness of the photoresist
Sho teaches a target (see Figs. 2A and 2B) comprising a to-be-etched-open feature in photoresist of a formed, or being formed, functional integrated circuit (forming a 3D memory device, see [0022]) and a diffraction structure( MK1-1), wherein a top of the diffraction structure is below a bottom of the feature (see Fig. 2B) and at least one side of the feature is angled along a thickness of the photoresist (angle of resist layer 42).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the photoresist side of a target as taught by Sho in the photoresist structure as taught by Smith or Segawa because process conditions and film stress of the resist introduce asymmetries in the photoresist during manufacturing of the 3D device.
For claim 2, Smith teaches the asymmetry is calculated as an integral of the distribution (see equations of Fig. 10 and [0047]-[0050]).
For claims 18 and 19, in the combination, Segawa teaches a plurality of layers between the top of the elements and the bottom of the opening (SK, see Fig. 3A) and the integrated circuit comprises a 3D-NAND memory device (see [0033]).
Allowable Subject Matter
Claims 7-9 and 20 remain allowed.
Claims 5, 12, and 16 remain objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, and 4 have been considered but are moot because the new grounds of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Segawa, previously cited in the Office Action mailed on August 24, 2024, is relied upon to teach the salient features of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven H Whitesell whose telephone number is (571)270-3942. The examiner can normally be reached Mon - Fri 9:00 AM - 5:30 PM (MST).
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, Curt Mayes can be reached at 571-272-1234. 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.
/Steven H Whitesell/Primary Examiner, Art Unit 1759
Prosecution Insights