Prosecution Insights
Last updated: April 19, 2026
Application No. 17/590,116

Methods And Systems For Accurate Measurement Of Deep Structures Having Distorted Geometry

Non-Final OA §103
Filed
Feb 01, 2022
Examiner
JEFFERSON, QUOVAUNDA
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kla Corporation
OA Round
2 (Non-Final)
79%
Grant Probability
Favorable
2-3
OA Rounds
3y 0m
To Grant
88%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
695 granted / 881 resolved
+10.9% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
45 currently pending
Career history
926
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
58.1%
+18.1% vs TC avg
§102
26.7%
-13.3% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 881 resolved cases

Office Action

§103
DETAILED ACTION 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) 12-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dziura et al, US Patent Application Publication 2017/0167862 in view of Liu et al, US Patent Application Publication 2009/0063077 (newly submitted). Regarding claim 12, Dziura teaches a system comprising: an illumination source 110 configured to provide an amount of x-ray illumination light directed to a measurement spot 102 including one or more structures fabricated on a semiconductor wafer (such as aspect ratio hole 320,321,322 in figures 8A-8C); a detector 116 configured to detect an amount of x-ray light reflected from or transmitted through the semiconductor wafer in response to the amount of x-ray illumination light; and a computing system 130 with 150 configured to determine values of one or more parameters of interest based on a fitting analysis of the detected amount of x-ray light with a geometrically parameterized response model of the one or more structures [0015, 0078], wherein the geometrically parameterized response model characterizes an in-plane shape of the one or more structures with a geometric model [0033]. Dziura fails to teach the geometric model for 2D repeating structure having more than two degrees of freedom (T1-T7), each degree parameter necessary to determine if the structure ultimately meets the design requirements. However, certain structures fabricated in a semiconductor device will require a more complex geometric model (having more than two degrees of freedom) in order to determine if the structures having been fabricated according to the correct specification. Figure 3C of Lee teaches an instance wherein the a geometric model having more than two degrees of freedom. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee with that of Dziura because certain structures fabricated in a semiconductor device will require a more complex geometric model in order to determine if the structures having been fabricated according to the correct specification. Regarding claim 13, Lee teaches the geometric model includes a closed curve having a shape defined in a two dimensional plane by three of more independent parameters (figure 2C and [0038]) Regarding claims 14-16, Lee teaches the geometric model includes a closed curve comprising a piecewise assembly of two or more conic sections, wherein the piecewise assembly of two or more conic sections includes a plurality of elliptical sections, each of the plurality of elliptical sections described by independent radial and ellipicity parameters, wherein the piecewise assembly of conic sections includes a plurality of parabolic sections each described by two independent parameters (figure 2C and [0038]) Regarding claim 17, Dziura teaches the one or more structures includes a three-dimensional NAND structure or a dynamic random access memory (DRAM) structure [0032] Regarding claim 18, Dziura teaches the values of the one or more parameters of interest are determined at a process step of a fabrication process flow of the one or more structures, and wherein an indication of the values of the one or more parameters of interest is communicated to the fabrication tool that causes the fabrication tool to adjust a value of one or more process control parameters of the fabrication tool at the process step [0003-0004] Regarding claim 19, Lee teaches independent values of the geometric model vary as a function of depth into the one or more structures under measurement (figure 2B). Regarding claim 20, Dziura teaches a system comprising: an illumination source 110 configured to provide an amount of x-ray illumination light directed to a measurement spot 102 including one or more structures fabricated on a semiconductor wafer (such as aspect ratio hole 320,321,322 in figures 8A-8C); a detector 116 configured to detect an amount of x-ray light reflected from or transmitted through the semiconductor wafer in response to the amount of x-ray illumination light; and a non-transient, computer-readable medium storing instructions 130 with 150 that, when executed by one or more processors, causes the one or more processors to determine values of one or more parameters of interest based on a fitting analysis of the detected amount of x-ray light with a geometrically parameterized response model of the one or more structures [0015, 0078], wherein the geometrically parameterized response model characterizes an in-plane shape of the one or more structures with a geometric model [0033] Dziura fails to teach the geometric model for 2D repeating structure having more than two degrees of freedom (T1-T7), each degree parameter necessary to determine if the structure ultimately meets the design requirements. However, certain structures fabricated in a semiconductor device will require a more complex geometric model (having more than two degrees of freedom) in order to determine if the structures having been fabricated according to the correct specification. Figure 3C of Lee teaches an instance wherein the a geometric model having more than two degrees of freedom. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee with that of Dziura because certain structures fabricated in a semiconductor device will require a more complex geometric model in order to determine if the structures having been fabricated according to the correct specification. Regarding claims 21 and 22, Dziura teaches the amount of x-ray illumination light is directed to the measurement spot at a plurality of angles of incidence, azimuth angles, or both (figures 7 and 8) and the amount of x-ray illumination light is directed to the measurement spot at a plurality of different energy levels (as shown in figures 8B and 8C, wherein the levels are at a different angle). Response to Arguments Applicant’s arguments with respect to claim(s) 12-22 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOVAUNDA JEFFERSON whose telephone number is (571)272-5051. The examiner can normally be reached M-F 7AM-4PM. 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, Dale E Page can be reached at 571-270-7877. 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. QVJ /DALE E PAGE/Supervisory Patent Examiner, Art Unit 2899
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Prosecution Timeline

Feb 01, 2022
Application Filed
Apr 22, 2022
Response after Non-Final Action
Jun 09, 2025
Non-Final Rejection — §103
Oct 02, 2025
Response Filed
Dec 29, 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

2-3
Expected OA Rounds
79%
Grant Probability
88%
With Interview (+8.7%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 881 resolved cases by this examiner. Grant probability derived from career allow rate.

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