Prosecution Insights
Last updated: April 19, 2026
Application No. 17/283,056

METHOD TO CREATE THE IDEAL SOURCE SPECTRA WITH SOURCE AND MASK OPTIMIZATION

Non-Final OA §103
Filed
Apr 06, 2021
Examiner
WHITESELL, STEVEN H
Art Unit
1759
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Cymer LLC
OA Round
5 (Non-Final)
82%
Grant Probability
Favorable
5-6
OA Rounds
2y 9m
To Grant
95%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
781 granted / 954 resolved
+16.9% vs TC avg
Moderate +13% lift
Without
With
+13.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
47 currently pending
Career history
1001
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
47.7%
+7.7% vs TC avg
§102
30.5%
-9.5% vs TC avg
§112
12.8%
-27.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 954 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 16, 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, 3, 6, 7, 12-16, 23, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Kroyan et al. [US 2002/0048288] in view of Robles et al. [US 2004/0005089] and Finders [US 2006/0170898]. For claims 1 and 16, Kroyan teaches a computer program product (see claim 1) comprising a non-transitory computer-readable medium having method instructions therein, the instructions, when executed by a computer system, configured to cause the computer system to perform the method, the method (see Fig. 2I) comprising: providing an optical spectrum (laser illumination spectrum), a mask pattern (OPC), and a pupil design (OAI), that together are configured to provide a lithography system with a depth of focus (lithography results DOF); iteratively varying the optical spectrum to provide a modified optical spectrum that increases the depth of focus (optimization of spectrum S, see Fig. 2I), wherein the optical spectrum comprises a plurality of wavelength peaks (peak separation for dual and triple peak illumination spectra, see Figs. 2E-2I and [0050]-[0054]); and configuring a component of the lithography system based on the modified optical spectrum (optimized illumination added to constant process). Kroyan teaches providing optimized lithography process inputs including optical proximity resolution, numerical aperture with fill factor, and off-axis illumination that can be used in conjunction with RELAX (see [0030] and [0053]-[0054] and Fig. 2I), but fails to explicitly teach providing a mask pattern having a sub-resolution assist feature; iteratively varying a separation distance of the assist feature from an associated main feature in the mask pattern to provide a modified mask pattern to increase the depth of focus, wherein the varying of the separation distance increase of maintains optical contrast. Robles teaches a method (see Figs. 5A-5E) of providing a mask pattern (a photolithographic design, see [0062]) having a sub-resolution assist feature (SRAF, see [0071]); iteratively varying a separation distance of the assist feature from an associated main feature in the mask pattern to provide a modified mask pattern (spacing between the SRAF and edge or multiple SRAFs, see [0071], varying spacing through multiple loop backs, see [0074]) to increase the depth of focus (local contrast and depth of focus are directly related, and that by improving ILS it is possible to improve the depth of focus, see [0161]), wherein the varying of the separation distance increase or maintains optical contrast (improve contrast, see [0087]). 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 iterative SRAF spacing adjustment as taught by Robles in the iterative exposure optimization as taught by Kroyan, in order to identify an optimal RET approach that guarantees a stable process under focus variation based on desired illumination conditions, so that both the iterative variation of mask pattern to increase the depth of focus and contrast as taught by Robles and the iterative variation of optical spectrum to increase the depth of focus as taught by Kroyan, together in the combination, collectively provide an increased depth of focus. Kroyan teaches a normal peak separation of at least 500 femtometers (see [0137] and claim 7, pulse to pulse adjustment, see [0048]-[0049]), but fails to explicitly teach varying the optical spectrum comprises varying a separation between at least two wavelength peaks of the plurality of wavelength peaks within a range of, or selected from, 1000 femtometers or less. Finders teaches varying the optical spectrum comprises varying a separation between at least two wavelength peaks of the plurality of wavelength peaks within a range of, or selected from, 1000 femtometers or less (repeated varying of the separation between peaks along discrete points along the parabolic between 0 and 200 femtometers shown in Fig. 3 based on the measured pattern bias, see Figs. 3 and 4 and [0076]-[0086], the example shows all variation is within 0-1000 femtometer range, see Fig. 5). 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 variation range in the optimization of the peak separation as taught by Finders in the optimization algorithm for lithography process control as taught by Kroyan in order to apply a spectrum peak separation solution to correct for pitch dependent diffraction effects at the mask that result CD variation. For claim 3, Kroyan teaches the optical spectrum is provided in a series of pulses, and wherein a center wavelength in at least one peak in the optical spectrum is further varied in every other pulse to shift by approximately 500 fm (two or more peaks are separated by at least 0.5 picometer, see [0137] and claim 7, pulse to pulse adjustment, see [0048]-[0049]). For claim 6, Kroyan teaches delivering light corresponding to the spectrum by a light source, wherein multiple colors of light are delivered at different times (pulse to pulse adjustment, see [0048]-[0049]). For claims 7 and 23, Kroyan teaches the iteratively varying further comprises iteratively varying a bandwidth of a peak in the optical spectrum (iterative spectrum optimization with bandwidth control, see [0011], [0027]-[0035], [0041]-[0042], [0050]-[0054] and Fig. 3-4C). For claims 12 and 24, in the combination of Kroyan and Robles, Robles teaches the iteratively varying further comprises introducing a sub-resolution assist feature in the mask pattern to increase the depth of focus (SRAF placement can also be included in the iterative process, see [0071] and [0090]). For claim 13, in the combination of Kroyan and Robles, Robles teaches the iteratively varying further comprises varying of the sub-resolution assist feature by changing a width of the sub-resolution assist feature (SRAF feature selection includes width, see [0071] and [0074]). For claims 14 and 15, Kroyan teaches the iteratively varying further comprises performing the iteratively varying at least until a process window, based on a parameter space defined at least partly by a dose and an exposure latitude, is increased (Figs. 2B-2D and [0042]-[0045]), wherein the iteratively varying further comprises performing the variation at least until a product of the depth of focus and an exposure latitude is increased (Figs. 2B-2D and [0042]-[0045]). Claims 2, 17, and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kroyan et al. [US 2002/0048288] in view of Arai et al. [US 2013/0268902], Robles et al. [US 2004/0005089], and Finders [US 2006/0170898]. For claims 2, 17, 19, and 20, Kroyan teaches a computer program product (see claim 1) comprising a non-transitory computer-readable medium having method instructions therein, the instructions, when executed by a computer system, configured to cause the computer system to perform the method, the method (see Fig. 2I) comprising: providing an optical spectrum (laser illumination spectrum), a mask pattern (OPC), and a pupil design (OAI), that together are configured to provide a lithography system with a depth of focus (lithography results DOF); iteratively varying the optical spectrum to provide a modified optical spectrum that increases the depth of focus (optimization of spectrum S, see Fig. 2I), wherein the optical spectrum comprises a plurality of wavelength peaks (peak separation for dual and tiple peak illumination spectra, see Figs. 2E-2I and [0050]-[0054]); and configuring a component of the lithography system based on the modified optical spectrum (optimized illumination added to constant process). Kroyan teaches providing optimized lithography process inputs including optical proximity resolution, numerical aperture with fill factor, and off-axis illumination that can be used in conjunction with RELAX (see [0030] and [0053]-[0054] and Fig. 2I). Kroyan fails to teach iteratively varying an assist feature in the mask pattern to provide a modified optical spectrum and a modified mask pattern that collectively increase the depth of focus; iteratively varying the optical spectrum and the pupil design to provide a modified optical spectrum and a modified pupil design that collectively increase the depth of focus; and configuring a component of the lithography system based on the modified optical spectrum, a modified pupil design, and the modified mask pattern that collectively increase the depth of focus, wherein the iteratively varying further comprises iteratively varying, concurrently, the optical spectrum, the mask pattern, and the pupil design to provide the modified optical spectrum, the modified mask pattern, and the modified pupil design. Arai teaches a non-transitory computer-readable medium (see [0026]) having method instructions therein, the instructions, when executed by a computer system, configured to cause the computer system to perform the method of iteratively varying an assist feature in the mask pattern to provide a modified mask pattern that increases the depth of focus (optimized patterns of the mask to meet evaluation function, see Fig. 1, iterative changes by step 109); iteratively vary the pupil design to provide a modified pupil design that collectively increase the depth of focus (exposure condition includes an effective light source at the pupil, see Fig.1 and [0027], iterative changes by step 109); and configuring a component of the lithography system based on the modified mask pattern that collectively increase the depth of focus (applied to the exposure apparatus, see [0036] and Figs. 5A-6D), wherein the iteratively varying further comprises iteratively varying, concurrently, the mask pattern, and the pupil design to provide the modified mask pattern and the modified pupil design (exposure condition includes an effective light source at the pupil and mask parameter value, see Fig.1). 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 optimization of the mask pattern and the pupil source to expand DOF as taught by Arai in the optimization as taught by Kroyan because optimization of the mask pattern and other exposure conditions allow for extending the depth of focus further increasing imaging performance. Kroyan teaches providing optimized lithography process inputs including optical proximity resolution, numerical aperture with fill factor, and off-axis illumination that can be used in conjunction with RELAX (see [0030] and [0053]-[0054] and Fig. 2I), but fails to explicitly teach providing a mask pattern having a sub-resolution assist feature; iteratively varying a separation distance of the assist feature from an associated main feature in the mask pattern to provide a modified mask pattern to increase the depth of focus, wherein the varying of the separation distance increase of maintains optical contrast. Robles teaches a method (see Figs. 5A-5E) of providing a mask pattern (a photolithographic design, see [0062]) having a sub-resolution assist feature (SRAF, see [0071]); iteratively varying a separation distance of the assist feature from an associated main feature in the mask pattern to provide a modified mask pattern (spacing between the SRAF and edge or multiple SRAFs, see [0071], varying spacing through multiple loop backs, see [0074]) to increase the depth of focus (local contrast and depth of focus are directly related, and that by improving ILS it is possible to improve the depth of focus, see [0161]), wherein the varying of the separation distance increase or maintains optical contrast (improve contrast, see [0087]). 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 iterative SRAF spacing adjustment as taught by Robles in the iterative exposure optimization as taught by Kroyan, in order to identify an optimal RET approach that guarantees a stable process under focus variation based on desired illumination conditions, so that both the iterative variation of mask pattern to increase the depth of focus and contrast as taught by Robles and the iterative variation of optical spectrum to increase the depth of focus as taught by Kroyan, together in the combination, collectively provide an increased depth of focus. Kroyan teaches a normal peak separation of at least 500 femtometers (see [0137] and claim 7, pulse to pulse adjustment, see [0048]-[0049]), but fails to explicitly teach varying the optical spectrum comprises varying a separation between at least two wavelength peaks. Finders teaches varying the optical spectrum comprises varying a separation between at least two wavelength peaks of the plurality of wavelength peaks (repeated varying of the separation between peaks along discrete points along the parabolic between 0 and 200 femtometers shown in Fig. 3 based on the measured pattern bias, see Figs. 3 and 4 and [0076]-[0086], the example shows all variation is within 0-1000 femtometer range, see Fig. 5). 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 variation range in the optimization of the peak separation as taught by Finders in the optimization algorithm for lithography process control as taught by Kroyan in order to apply a spectrum peak separation solution to correct for pitch dependent diffraction effects at the mask that result CD variation. For claim 21, Kroyan teaches the iteratively varying further comprises iteratively varying a bandwidth of a peak in the optical spectrum (iterative spectrum optimization with bandwidth control, see [0011], [0027]-[0035], [0041]-[0042], [0050]-[0054] and Fig. 3-4C). For claim 22, in the combination of Kroyan and Robles, Robles teaches the iteratively varying further comprises introducing a sub-resolution assist feature in the mask pattern (SRAF, see [0071]) to increase the depth of focus (local contrast and depth of focus are directly related, and that by improving ILS it is possible to improve the depth of focus, see [0161]). Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kroyan, Robles and Finders as applied to claim 1 above, and further in view of Yuan et al. [US 2012/0252199]. For claims 9-11, Kroyan fails to teach the iteratively varying further comprises varying a main feature in the mask pattern to increase the depth of focus, wherein the main feature includes an edge location and a mask bias location, and the iteratively varying further comprises varying the edge location and/or the mask bias location, wherein two mask bias locations are symmetrically varied about a center of the main feature. Yuan teaches the iteratively varying further comprises varying a main feature in the mask pattern to increase the depth of focus (mask bias included in iterative process, see [0026]-[0031]), wherein the main feature includes an edge location and a mask bias location, and the iteratively varying further comprises varying the edge location and/or the mask bias location (mask bias included in iterative process, see [0026]-[0031]), wherein two mask bias locations are symmetrically varied about a center of the main feature (mask biasing of edges in feature 92 to increase width to new pattern 96, see Figs. 6-9). 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 iterative variation of the mask main pattern as taught by Yuan in the optimization algorithm for lithography process control as taught by Kroyan in order to provide a target geometry that is substantially identical to the design target and an image intensity dip that is minimized. Response to Arguments Applicant’s arguments with respect to claim 1, 16, 19, and 20 have been considered but are moot because the new ground 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. Robles is now 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, Duane Smith can be reached at 571-272-1166. 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
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Prosecution Timeline

Apr 06, 2021
Application Filed
Oct 18, 2023
Non-Final Rejection — §103
Jan 23, 2024
Response Filed
Feb 21, 2024
Final Rejection — §103
May 31, 2024
Response after Non-Final Action
Jul 29, 2024
Request for Continued Examination
Jul 30, 2024
Response after Non-Final Action
Dec 16, 2024
Non-Final Rejection — §103
May 19, 2025
Response Filed
Jun 25, 2025
Final Rejection — §103
Dec 16, 2025
Request for Continued Examination
Dec 18, 2025
Response after Non-Final Action
Dec 31, 2025
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
82%
Grant Probability
95%
With Interview (+13.2%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 954 resolved cases by this examiner. Grant probability derived from career allow rate.

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