Prosecution Insights
Last updated: April 19, 2026
Application No. 17/654,771

MARK, TEMPLATE, AND SEMICONDCTOR DEVICE MANUFACTURING METHOD

Final Rejection §103
Filed
Mar 14, 2022
Examiner
NETTLES, CORALIE ANN
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
3y 7m
To Grant
96%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
22 granted / 30 resolved
+5.3% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
51 currently pending
Career history
81
Total Applications
across all art units

Statute-Specific Performance

§103
58.1%
+18.1% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
17.0%
-23.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 30 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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2021-152441, filed on April 20, 2022. Response to Amendment This Office Action is in response to Applicant's amendments filed December 16, 2025. Claims 1, 7, 12, and 18 have been amended. Claim 20 has been added. Claims 2 and 13 have been canceled. Claims 3, 5, 14, and 16 stand withdrawn. Currently, claims 1, 4, 6-12, 15, and 17-20 are pending. Applicant’s Amendments overcome the 112(b) rejection outlined in the previous Office Action. The 112(b) rejection of claims 1-2, 4, 6-13, 15, and 17-19 has been withdrawn. Response to Arguments Applicant's arguments filed December 16, 2025 with respect to the 35 U.S.C. 103 rejection of claim 1 have been fully considered but they are not persuasive. The Applicant asserts that the combination of Hayashi (US 20210149297 A1) and Chiu et al. (US 20080034344 A1) herein after “Chiu” fail to disclose all the limitations of newly amended claim 1. Specifically, the Applicant asserts that Hayashi and Chiu fail to disclose or suggest “the claimed pair of first patterns or the first periodic pattern "provided inside the first line-and-space pattern region" or the claimed pair of second patterns or the second periodic pattern "provided inside the second line-and-space pattern region"”. The Examiner respectfully disagrees with this assertion. The claim language of the instant application defines the first and second line-and-space pattern regions as the regions where the line-and-space patterns extend in the first direction and second direction respectively. Under this definition, both Hayashi and Chiu disclose a first and a second line-and-space pattern region, because they both define regions where the line-and-space patterns extend in the first direction and second direction. Specifically, Chiu discloses the pair of first patterns (Fig. 4, regions 81a, 81b, ¶ [0026]) or the first periodic pattern being provided inside the first line-and-space pattern region (see Annotation 1, Fig. 4 of Chiu, R1) and the pair of second patterns (Fig. 4, regions 82a, 82b, ¶ [0026]) or the second periodic pattern being provided inside the second line-and-space pattern region (see Annotation 1, Fig. 4 of Chiu, R2). PNG media_image1.png 406 489 media_image1.png Greyscale Annotation 1, Fig. 4 of Chiu Therefore, the Examiner asserts that the combination of Hayashi and Chiu discloses the limitations of newly amended claim 1. The rejection is maintained as appropriate and presented in full below. Applicant’s arguments with respect to the drawing objection has been fully considered and is persuasive. The drawing objection outlined in the previous Office Action has been withdrawn. 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. Claims 1, 6-12, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 20210149297 A1) in view of Chiu et al. (US 20080034344 A1) herein after “Chiu”. Regarding claim 1, Figs. 1 and 3 of Hayashi disclose a mark (Fig. 3, mold-side alignment mark AMM, ¶ [0041]) arranged on a substrate (Fig. 1, mold M, ¶ [0021]) and including a line- and-space pattern having a substantially constant pitch on the substrate (M) (Fig. 3, “A mold-side alignment mark AMM formed on the mold M”, ¶ [0036]), the mark comprising: a first mark (see Annotation 2, Fig. 3 of Hayashi, M1) including a first line-and-space pattern region (see Annotation 2, Fig. 3 of Hayashi, LS1) where the line-and-space pattern extends in a first direction (Horizontal direction in Fig. 3) along the substrate (M), and a second mark (see Annotation 2, Fig. 3 of Hayashi, M2) including a second line-and-space pattern region (see Annotation 2, Fig. 3 of Hayashi, LS2) where the line-and-space pattern extends in a second direction (Vertical direction in Fig. 3) crossing the first direction (Horizontal direction in Fig. 3) along the substrate (M). PNG media_image2.png 286 418 media_image2.png Greyscale Annotation 2, Fig. 3 of Hayashi Hayashi fails to disclose a pair of first patterns arranged at a distance in the first direction or a first periodic pattern having a period in the first direction, the pair of first patterns or the first periodic pattern being provided inside the first line-and-space pattern region; and a pair of second patterns provided in correspondence with the pair of first patterns and arranged at a distance in the second direction or a second periodic pattern provided in correspondence with the first periodic pattern and having a period in the second direction, the pair of second patterns or the second periodic pattern being provided inside the second line-and-space pattern region. In the similar field of endeavor of integrated circuit manufacturing processes, Fig. 4 of Chiu discloses a pair of first patterns (Fig. 4, regions 81a, 81b, ¶ [0026]) arranged at a distance in the first direction or a first periodic pattern having a period in the first direction (Fig. 4, “an overlay mark includes different pattern elements on x-orientation and y-orientation respectively”, ¶ [0027]), the pair of first patterns or the first periodic pattern being provided inside the first line-and-space pattern region (R1); and a pair of second patterns (Fig. 4, regions 82a, 82b, ¶ [0026]) provided in correspondence with the pair of first patterns (81a, 81b) and arranged at a distance in the second direction or a second periodic pattern provided in correspondence with the first periodic pattern and having a period in the second direction (Fig. 4, “an overlay mark includes different pattern elements on x-orientation and y-orientation respectively”, ¶ [0027]), the pair of second patterns or the second periodic pattern being provided inside the second line-and-space pattern region (R2). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the mark of Hayashi with the patterns as disclosed by Chiu, to allow for more accurate alignment in both orientations (see Chiu, ¶ [0027]). Regarding claim 6, Hayashi and Chiu together disclose the mark according to claim 1 as applied above, and Figs. 5, 6A and 6B of Hayashi disclose wherein the substrate (Fig. 6B, “a side of a mold 4z for imprint with an uneven pattern”, ¶ [0056]) further includes a transfer pattern to be transferred to a film (Fig. 6A, imprint material 3z, ¶ [0055]) to be processed which is provided over a wafer (Fig. 6A, substrate 1z, ¶ [0056]), and the mark is an overlay mark for measuring an overlay misalignment between the transfer pattern that has been transferred and a structure included in at least one of the film to be processed (3z) and an underlying film (2z) of the film to be processed (3z) (Fig. 5, “The alignment scope 172 detects the mold-side alignment mark AMM and the substrate-side alignment mark AMW, so that the relative position between the mold M and the substrate W can be measured”, ¶ [0036]). Regarding claim 7, Hayashi and Chiu together disclose the mark according to claim 1 as applied above, and Fig. 3 of Hayashi further discloses wherein the mark is a moire mark (“a mode of detecting moire fringes generated by using a diffraction grating as the alignment mark may be adopted”, ¶ [0036]): the first periodic pattern (M1) is provide in the first line-and-space pattern region (LS1); the second periodic pattern (M2) is provide in the second line-and-space pattern region (LS2). Regarding claim 8, Hayashi and Chiu together disclose the mark according to claim 1 as applied above, and Figs. 5, 6A and 6B of Hayashi disclose wherein the substrate (M) further includes a transfer pattern to be transferred to a film to be processed (3z) which is provided over a wafer (W) (Fig. 6B, “a side of a mold 4z for imprint with an uneven pattern is directed to and caused to face the imprint material 3z on the substrate”, ¶ [0056]), and the mark is an alignment mark used for alignment between the transfer pattern of the substrate (M) and a structure included in at least one of the film to be processed (3z) and an underlying film (2z) of the film to be processed (3z) (“a mold-side mark that functions as an alignment mark is formed on the pattern surface of the mold M”, ¶ [0021]). Regarding claim 9, Hayashi and Chiu together disclose the mark according to claim 1 as applied above, and Figs. 2-3 of Hayashi disclose a semiconductor device manufacturing method (Fig. 2, “an imprint method”, ¶ [0034]) including a misalignment amount measurement (Fig. 2, “In step S1014, alignment measurement is performed”, ¶ [0041]) for measuring a misalignment amount of a transfer pattern with respect to a structure included in at least one of a film to be processed (3z) and an underlying film (2z) of the film to be processed (3z) which are provided on a wafer (W) by using the mark according to claim 1 (“Based on the result of measuring the relative position between the alignment marks, the difference in shape (such as shift, rotation, magnification, and trapezoid component) between the pattern region of the mold M and the shot region of the substrate W is measured”, ¶ [0041]), the transfer pattern being provided on the substrate (M) and being transferred to the film to be processed (3z), the semiconductor device manufacturing method comprising: measuring a misalignment amount of the transfer pattern with respect to the structure in the first direction (Horizontal direction) by using the first mark (M1); and measuring a misalignment amount of the transfer pattern with respect to the structure in the second direction (Vertical direction) by using the second mark (M2) (Fig. 3, “an image processing apparatus (not illustrated) measures the relative position between the alignment mark of the mold M and the alignment mark of the substrate W”, ¶ [0041]). Regarding claim 10, Hayashi and Chiu together disclose the semiconductor device manufacturing method according to claim 9 as applied above, and Figs. 2-3 of Hayashi disclose wherein the measurement using the first mark (M1) includes identifying an overlay misalignment amount of the transfer pattern that has been transferred with respect to the structure in the first direction (Horizontal direction) based on the misalignment amount in the first direction (Horizontal direction), and the measurement using the second mark (M2) includes identifying an overlay misalignment amount of the transfer pattern that has been transferred with respect to the structure in the second direction (Vertical direction) based on the misalignment amount in the second direction (Vertical direction) (Fig. 3, “an image processing apparatus (not illustrated) measures the relative position between the alignment mark of the mold M and the alignment mark of the substrate W”, ¶ [0041]). Regarding claim 11, Hayashi and Chiu together disclose the semiconductor device manufacturing method according to claim 9 as applied above, and Figs. 2-3 of Hayashi disclose wherein the measurement using the first mark (M1) includes aligning a position of the transfer pattern provided on the substrate (M) with respect to the structure in the first direction (Horizontal direction) by using the first mark (M1) based on the misalignment amount in the first direction (Horizontal direction), and the measurement using the second mark (M2) includes aligning a position of the transfer pattern provided on the substrate (M) with respect to the structure in the second direction (Vertical direction) by using the second mark (M2) based on the misalignment amount in the second direction (Vertical direction) (Fig. 2, “In step S1016, alignment is performed based on the result of the alignment measurement in step S1014”, ¶ [0042]). Regarding claim 12, Figs. 1 and 3 of Hayashi disclose a template comprising: a substrate (M); and a mark (AMM) including a line- and-space pattern having a substantially constant pitch on the substrate (M), wherein the mark includes: a first mark (see Annotation 2, Fig. 3 of Hayashi, M1) including a first line-and-space pattern region (see Annotation 2, Fig. 3 of Hayashi, LS1) where the line-and-space pattern extends in a first direction (Horizontal direction in Fig. 3) along the substrate (M), and a second mark (see Annotation 2, Fig. 3 of Hayashi, M2) including a second line-and-space pattern region (see Annotation 2, Fig. 3 of Hayashi, LS2) where the line-and-space pattern extends in a second direction (Vertical direction in Fig. 3) crossing the first direction (Horizontal direction in Fig. 3) along the substrate (M). Hayashi fails to disclose a pair of first patterns arranged at a distance in the first direction or a first periodic pattern having a period in the first direction, the pair of first patterns or the first periodic pattern being provided inside the first line-and-space pattern region; and a pair of second patterns provided in correspondence with the pair of first patterns and arranged at a distance in the second direction or a second periodic pattern provided in correspondence with the first periodic pattern and having a period in the second direction, the pair of second patterns or the second periodic pattern being provided inside the second line-and-space pattern region. In the similar field of endeavor of integrated circuit manufacturing processes, Fig. 4 of Chiu discloses a pair of first patterns (Fig. 4, regions 81a, 81b, ¶ [0026]) arranged at a distance in the first direction or a first periodic pattern having a period in the first direction (Fig. 4, “an overlay mark includes different pattern elements on x-orientation and y-orientation respectively”, ¶ [0027]), the pair of first patterns or the first periodic pattern being provided inside the first line-and-space pattern region (R1); and a pair of second patterns (Fig. 4, regions 82a, 82b, ¶ [0026]) provided in correspondence with the pair of first patterns (81a, 81b) and arranged at a distance in the second direction or a second periodic pattern provided in correspondence with the first periodic pattern and having a period in the second direction (Fig. 4, “an overlay mark includes different pattern elements on x-orientation and y-orientation respectively”, ¶ [0027]), the pair of second patterns or the second periodic pattern being provided inside the second line-and-space pattern region (R2). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the mark of Hayashi with the patterns as disclosed by Chiu, to allow for more accurate alignment in both orientations (see Chiu, ¶ [0027]). Regarding claim 17, Hayashi and Chiu together disclose the template according to claim 12 as applied above, and Figs. 5, 6A and 6B of Hayashi disclose comprising: a transfer pattern on the substrate (M) to be transferred to a film to be processed (3z) which is provided over a wafer (W) (Fig. 6B, “a side of a mold 4z for imprint with an uneven pattern is directed to and caused to face the imprint material 3z on the substrate”, ¶ [0056]), wherein the mark is an overlay mark for measuring an overlay misalignment between the transfer pattern that has been transferred and a structure included in at least one of the film to be processed (3z) and an underlying film (2z) of the film to be processed (3z) (“a mold-side mark that functions as an alignment mark is formed on the pattern surface of the mold M”, ¶ [0021]). Regarding claim 18, Hayashi and Chiu together disclose the template according to claim 12 as applied above, and Fig. 3 of Hayashi further discloses comprising: a transfer pattern on the substrate (M) to be transferred to a film to be processed (3z) which is provided over a wafer (W), wherein the mark is a moire mark (“a mode of detecting moire fringes generated by using a diffraction grating as the alignment mark may be adopted”, ¶ [0036]): the first periodic pattern (M1) is provide inside the first line-and-space pattern region (LS1); the second periodic pattern (M2) is provide inside the second line-and-space pattern region (LS2). Regarding claim 19, Hayashi and Chiu together disclose the template according to claim 12 as applied above, and Figs. 5, 6A and 6B of Hayashi disclose wherein the mark is an alignment mark used for alignment between the transfer pattern of the template and a structure included in at least one of the film to be processed (3z) and an underlying film (2z) of the film to be processed (3z) (“a mold-side mark that functions as an alignment mark is formed on the pattern surface of the mold M”, ¶ [0021]). Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 20210149297 A1) and Chiu (US 20080034344 A1) in further view of Asano (US 20180264712 A1). Regarding claim 4, Hayashi and Chiu together disclose the mark according to claim 1 as applied above, but Hayashi and Chiu fail to disclose wherein a plurality of lines included in the line-and-space pattern included in the first mark is connected, at end portions in the first direction, to respective adjacent lines on one of both sides in the second direction, and a plurality of lines included in the line-and-space pattern included in the second mark is connected, at end portions in the second direction, to respective adjacent lines on one of both sides in the first direction. In the similar field of endeavor of imprint methods, Fig. 3 of Asano discloses wherein a plurality of lines (Fig. 3, “Each of the alignment marks 220 includes… so-called line and space patterns”, ¶ [0022]) included in the line-and-space pattern included in the first mark (Fig. 3, “two alignment marks 220 are arranged in each of the mark arrangement regions R.sub.M, such that the extending directions of their diffraction grating patterns are orthogonal with each other”, ¶ [0022]) is connected, at end portions in the first direction (Horizontal direction), to respective adjacent lines on one of both sides in the second direction (Fig. 3 of Asano shows that the side end of the horizontal line-and-space patterns are each connected to the adjacent line), and a plurality of lines included in the line-and-space pattern included in the second mark (220) is connected, at end portions in the second direction (Vertical direction), to respective adjacent lines on one of both sides in the first direction (Fig. 3 of Asano shows that the top and bottom ends of the vertical line-and-space patterns are each connected to the adjacent line). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the mark of Hayashi with the connections as disclosed by Asano, to optimize alignment and processing time (see Asano, ¶ [0004]). Regarding claim 15, Hayashi and Chiu together disclose the template according to claim 12 as applied above, but Hayashi and Chiu fail to disclose wherein a plurality of lines included in the line-and-space pattern included in the first mark is connected, at end portions in the first direction, to respective adjacent lines on one of both sides in the second direction, and a plurality of lines included in the line-and-space pattern included in the second mark is connected, at end portions in the second direction, to respective adjacent lines on one of both sides in the first direction. In the similar field of endeavor of imprint methods, Fig. 3 of Asano discloses wherein a plurality of lines (Fig. 3, “Each of the alignment marks 220 includes… so-called line and space patterns”, ¶ [0022]) included in the line-and-space pattern included in the first mark (Fig. 3, “two alignment marks 220 are arranged in each of the mark arrangement regions R.sub.M, such that the extending directions of their diffraction grating patterns are orthogonal with each other”, ¶ [0022]) is connected, at end portions in the first direction (Horizontal direction), to respective adjacent lines on one of both sides in the second direction (Fig. 3 of Asano shows that the side end of the horizontal line-and-space patterns are each connected to the adjacent line), and a plurality of lines included in the line-and-space pattern included in the second mark (220) is connected, at end portions in the second direction (Vertical direction), to respective adjacent lines on one of both sides in the first direction (Fig. 3 of Asano shows that the top and bottom ends of the vertical line-and-space patterns are each connected to the adjacent line). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the mark of Hayashi with the connections as disclosed by Asano, to optimize alignment and processing time (see Asano, ¶ [0004]). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 20210149297 A1) and Chiu (US 20080034344 A1) in further view of Mitsugi et al. (US 20190080899 A1) herein after “Mitsugi”. Regarding claim 20, Hayashi and Chiu together disclose the template according to claim 1 as applied above, but Hayashi and Chiu fail to disclose wherein the first periodic pattern has a first pitch, and the line-and-space pattern included in the first mark has a second pitch different from the first pitch. In the similar field of endeavor of imprint methods, Fig. 9A of Mitsugi discloses the first periodic pattern (Fig. 9A, one-dimensional line patterns 233, ¶ [0086]) has a first pitch (Fig. 9A, P2.sub.XA,T, ¶ [0087]), and the line-and-space pattern included in the first mark (Fig. 9A, one-dimensional line patterns 234, ¶ [0086]) has a second pitch (Fig. 9A, P2.sub.XA,W, ¶ [0087]) different from the first pitch (Fig. 9A, “P2.sub.XA,T = 2,240 nm”, “P2.sub.XA,W = 2,000 nm”, ¶ [0087]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the mark of Hayashi with the pitches as disclosed by Mitsugi, to perform positioning with higher accuracy (see Mitsugi, ¶ [0094]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CORALIE NETTLES whose telephone number is (571)270-5374. The examiner can normally be reached Mon-Fri. 7:30am-5pm. 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, Yara J Green can be reached at (571) 270-3035. 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. /C.A.N./Examiner, Art Unit 2893 /YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
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Prosecution Timeline

Mar 14, 2022
Application Filed
Sep 08, 2025
Non-Final Rejection — §103
Dec 16, 2025
Response Filed
Jan 26, 2026
Final Rejection — §103 (current)

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