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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 5, 2026 has been entered.
Election/Restrictions
Newly submitted claims 21 and 22 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Original invention relates to the first and second marks extending along the first and second directions respectively as recited in claims 2 and 13, drawn to Figs. 5A to 5C.
Claim 21 relates to the first and second marks extending in a direction diagonally intersecting the first and second directions respectively, drawn to Figs. 10A to 10C.
Original invention relates to the first and second periodic pattern being composed of line-and-space patterns as recited in claim 1, drawn to Figs. 5A to 5C.
Claim 22 relates to the first and second periodic patterns being a region in which the line-and-space pattern is not arranged, drawn to Fig. 15.
The inventions are independent or distinct because they each require a different arrangement of the marks, periodic patterns and line-and-space patterns. In addition, these inventions are not obvious variants of each other based on the current record.
There is a serious search and/or examination burden for the patentably distinct inventions as set forth above because at least the following reason(s) apply: the inventions would require different search strategies, the searching of different terms and keywords, and the inventions would require different determination of allowability.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21 and 22 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Amendment
This Office Action is in response to Applicant's amendments filed May 5, 2026. Claims 1, 7, 12, and 18 have been amended. Claims 21 and 22 have been added. No claims have been canceled. Claims 3, 5, 14, 16, and 21-22 stand withdrawn. Currently, claims 1, 4, 6-12, 15, and 17-20 are pending.
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 20, the claim recites the limitation “the line-and-space pattern included in the first mark has a second pitch different from the first pitch” in lines 3-4. Claim 1 provides antecedent basis for the line-and-space pattern and the first mark and recites the limitation “the first periodic pattern composed of a line-and-space pattern”. It is not clear how the first period pattern can have a pitch that is different from the line-and-space pattern when the first periodic pattern is composed on the line-and-space pattern.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6-12, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitsugi et al. (US 20190080899 A1) herein after “Mitsugi”.
Regarding claim 1, Figs. 4 and 19A of Mitsugi disclose a mark (Fig. 4, moire mark 300, ¶ [0053]) arranged on a substrate (Fig. 4, wafer 100, ¶ [0053]), the mark comprising:
a first mark (Fig. 19A, region R.sub.XA,T, ¶ [0065]) including a first periodic pattern (Rxa,t) extending in a first direction (horizontal direction in Fig 19A) along the substrate (100), the first periodic pattern (Rxa,t) having a first period in the first direction (horizontal direction in Fig 19A), the first periodic pattern (Rxa,t) composed of a line-and-space pattern extending in a second direction (vertical direction in Fig 19A) crossing the first direction (horizontal direction in Fig 19A) along the substrate (100); and
a second mark (Fig. 19A, region R.sub.YA,T, ¶ [0065]) including a second periodic pattern (Rya,t) extending in a third direction (vertical direction in Fig 19A) crossing the first direction (horizontal direction in Fig 19A) along the substrate (100), the second periodic pattern (Rya,t) having a second period in the third direction (vertical direction in Fig 19A), the second periodic pattern (Rya,t) composed of a line-and-space pattern extending in a fourth direction crossing the third direction (vertical direction in Fig 19A) along the substrate (100).
Regarding claim 6, Figs. 4 and 19A of Mitsugi disclose the mark according to claim 1 as applied above, and Fig. 4 of Mitsugi further discloses wherein the substrate (100) further includes a transfer pattern to be transferred to a film to be processed which is provided over a wafer (Fig. 4, “the template 200 is brought into contact with the resist 150 on the wafer 100, and, in this state, precise positioning is performed by using alignment marks 230 and 110”, ¶ [0054]), and
the mark (300) 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 and an underlying film of the film to be processed (Fig. 4, “a dark field optical system is used to monitor the alignment mark 230 of the template 200 and the alignment mark 110 of the wafer 100, which are overlaid with each other, and the remaining part of the positional deviation is adjusted by a highly accurate positioning technique that uses a moire image generated”, ¶ [0054]).
Regarding claim 7, Figs. 4 and 19A of Mitsugi disclose the mark according to claim 1 as applied above, and Fig. 19B of Mitsugi further discloses the mark further comprising:
a third mark (Fig. 19B, region R.sub.XA,W, ¶ [0065]) including a third periodic pattern (Rxa,w) extending in the first direction (horizontal direction in Fig 19B), the third periodic pattern (Rxa,w) having a third period different from the first period in the first direction (“The structural period of the alignment mark 110 on the wafer 100 side and the structural period of the alignment mark 230 on the template 200 side are set to be slightly different from each other”, ¶ [0055]), the third periodic pattern (Rxa,w) composed of a line-and-space pattern extending in the second direction (vertical direction in Fig 19B): and
a fourth mark (Fig. 19B, region R.sub.YA,W, ¶ [0065]) including a fourth periodic pattern (Rya,w) extending in the third direction (vertical direction in Fig 19A), the fourth periodic pattern (Rya,w) having a fourth period different from the second period in the third direction (“The structural period of the alignment mark 110 on the wafer 100 side and the structural period of the alignment mark 230 on the template 200 side are set to be slightly different from each other”, ¶ [0055]), the fourth periodic pattern (Rya,w) composed of a line-and-space pattern extending in the fourth direction,
wherein the first periodic pattern (Rxa,t) and the third periodic pattern (Rxa,w) are configured as a moire mark that generates a moire pattern having a period in the first direction (“an XA region R.sub.XA,T or R.sub.YA,W and an XB region R.sub.XB,T or R.sub.XB,W for performing differential detection in the X-direction”, ¶ [0137]);
the second periodic pattern (Rya,t) and the fourth periodic pattern (Rya,w) are configured as a moire mark that generates a moire pattern having a period in the third direction (“a YA region R.sub.YA,T or R.sub.YA,W and a YB region R.sub.YB,T or R.sub.YB,W for performing differential detection in the Y-direction”, ¶ [0137]).
Regarding claim 8, Figs. 4 and 19A of Mitsugi disclose the mark according to claim 1 as applied above, and Fig. 4 of Mitsugi further discloses wherein the substrate (100) further includes a transfer pattern to be transferred to a film to be processed which is provided over a wafer (Fig. 4, “the template 200 is brought into contact with the resist 150 on the wafer 100, and, in this state, precise positioning is performed by using alignment marks 230 and 110”, ¶ [0054]), and
the mark (300) is an alignment mark used for alignment between the transfer pattern of the substrate (100) and a structure included in at least one of the film to be processed and an underlying film of the film to be processed (Fig. 4, “a dark field optical system is used to monitor the alignment mark 230 of the template 200 and the alignment mark 110 of the wafer 100, which are overlaid with each other, and the remaining part of the positional deviation is adjusted by a highly accurate positioning technique that uses a moire image generated”, ¶ [0054]).
Regarding claim 9, Figs. 4 and 19A of Mitsugi disclose the mark according to claim 1 as applied above, and Fig. 12 of Mitsugi further discloses a semiconductor device manufacturing method (Fig. 12, “a semiconductor device manufacturing method including positioning between the template 200 and the wafer 100”, ¶ [0140]) including a misalignment amount measurement 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 and an underlying film of the film to be processed which are provided on a wafer by using the mark according to claim 1 (Fig. 12, “the template 200 is moved down and brought into contact with the resist on the wafer 100 to apply an impress (step S14)”, ¶ [0113]), the transfer pattern being provided on the substrate (100) and being transferred to the film to be processed, the semiconductor device manufacturing method comprising:
measuring a misalignment amount of the transfer pattern with respect to the structure in the first direction (“by utilizing the position of brightness bands in the moire it is possible to precisely adjust the position of the template 200 in the X-direction or Y-direction with respect to the wafer 100”, ¶ [0114]) by using the first mark (Rxa,t); and
measuring a misalignment amount of the transfer pattern with respect to the structure in the second direction (“by utilizing the position of brightness bands in the moire it is possible to precisely adjust the position of the template 200 in the X-direction or Y-direction with respect to the wafer 100”, ¶ [0114]) by using the second mark (Rya,t).
Regarding claim 10, Fig. 12 of Mitsugi discloses the semiconductor device manufacturing method according to claim 9 as applied above, and Figs. 12 and 19A of Mitsugi further disclose wherein the measurement using the first mark (Rxa,t) 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 in Fig 19A) based on the misalignment amount in the first direction (“The position of brightness bands in this moire reflects the positional deviation of the template 200 relative to the wafer 100 in an enlarged state…, this positioning is performed for each of the X-direction and the Y-direction.”, ¶ [0114]), and
the measurement using the second mark (Rya,t) 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 in Fig 19A) based on the misalignment amount in the second direction (“The position of brightness bands in this moire reflects the positional deviation of the template 200 relative to the wafer 100 in an enlarged state…, this positioning is performed for each of the X-direction and the Y-direction.”, ¶ [0114]).
Regarding claim 11, Fig. 12 of Mitsugi discloses the semiconductor device manufacturing method according to claim 9 as applied above, and Figs. 12 and 19A of Mitsugi further disclose semiconductor device manufacturing method according to claim 9, wherein the measurement using the first mark (Rxa,t) includes aligning a position of the transfer pattern provided on the substrate (100) with respect to the structure in the first direction (horizontal direction in Fig 19A) by using the first mark (Rxa,t) based on the misalignment amount in the first direction (“The position of brightness bands in this moire reflects the positional deviation of the template 200 relative to the wafer 100 in an enlarged state…, this positioning is performed for each of the X-direction and the Y-direction.”, ¶ [0114]), and
the measurement using the second mark (Rya,t) includes aligning a position of the transfer pattern provided on the substrate (100) with respect to the structure in the second direction (vertical direction in Fig 19A) by using the second mark (Rya,t) based on the misalignment amount in the second direction (“The position of brightness bands in this moire reflects the positional deviation of the template 200 relative to the wafer 100 in an enlarged state…, this positioning is performed for each of the X-direction and the Y-direction.”, ¶ [0114]).
Regarding claim 12, Figs. 4 and 19A of Mitsugi disclose a template comprising:
a substrate (100); and
a mark (300), wherein the mark includes:
a first mark (Rxa,t) including a first periodic pattern (Rxa,t) extending in a first direction (horizontal direction in Fig 19A) along the substrate (100), the first periodic pattern (Rxa,t) having a first period in the first direction (horizontal direction in Fig 19A), the first periodic pattern (Rxa,t) composed of a line-and-space pattern extending in a second direction (vertical direction in Fig 19A) crossing the first direction (horizontal direction in Fig 19A) along the substrate (100); and
a second mark (Rya,t) including a second line-and-space periodic pattern (37x, 37y) extending in a third direction (vertical direction in Fig 19A) crossing the first direction (horizontal direction in Fig 19A) along the substrate (100), the second periodic pattern (Rya,t) composed of a line-and-space pattern extending in a fourth direction crossing the third direction (vertical direction in Fig 19A) along the substrate (100).
Regarding claim 17, Figs. 4 and 19A of Mitsugi disclose the template according to claim 12 as applied above, and Fig. 4 of Mitsugi further discloses comprising:
a transfer pattern on the substrate (100) to be transferred to a film to be processed which is provided over a wafer (Fig. 4, “the template 200 is brought into contact with the resist 150 on the wafer 100, and, in this state, precise positioning is performed by using alignment marks 230 and 110”, ¶ [0054]).,
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 and an underlying film of the film to be processed (Fig. 4, “a dark field optical system is used to monitor the alignment mark 230 of the template 200 and the alignment mark 110 of the wafer 100, which are overlaid with each other, and the remaining part of the positional deviation is adjusted by a highly accurate positioning technique that uses a moire image generated”, ¶ [0054]).
Regarding claim 18, Figs. 4 and 19A of Mitsugi disclose the template according to claim 12 as applied above, and Figs. 4 and 19B of Mitsugi further disclose comprising:
a transfer pattern on the substrate (100) to be transferred to a film (150) to be processed which is provided over a wafer (“When pattern transfer is performed, the wafer 100 further includes a resist formed on the processing target layer”, ¶ [0096]), wherein
the mark further includes:
a third mark (Rxa,w) including a third periodic pattern (Rxa,w) extending in the first direction (horizontal direction in Fig 19B), the third periodic pattern (Rxa,w) having a third period different from the first period in the first direction (horizontal direction in Fig 19B), the third periodic pattern (Rxa,w) composed of a line-and-space pattern extending in the second direction (vertical direction in Fig 19B), and
a fourth mark (Rya,w) including a fourth periodic pattern (Rya,w) extending in the third direction (vertical direction in Fig 19B), the fourth periodic pattern (Rya,w) having a fourth period different from the second period in the third direction (vertical direction in Fig 19B), the fourth periodic pattern (Rya,w) composed of a line-and- space pattern extending in the fourth direction,
the first periodic pattern (Rxa,t) and the third periodic pattern (Rxa,w) are configured as a moire mark that generates a moire pattern having a period in the first direction inside the first line-an-space pattern region (“an XA region R.sub.XA,T or R.sub.YA,W and an XB region R.sub.XB,T or R.sub.XB,W for performing differential detection in the X-direction”, ¶ [0137]);
and the second periodic pattern (Rya,t) and the fourth periodic pattern (Rya,w) are configured as a moire mark that generates a moire pattern having a period in the thirds direction (“a YA region R.sub.YA,T or R.sub.YA,W and a YB region R.sub.YB,T or R.sub.YB,W for performing differential detection in the Y-direction”, ¶ [0137]).
Regarding claim 19, Figs. 4 and 19A of Mitsugi disclose the template according to claim 12 as applied above, and Fig. 4 of Mitsugi further discloses 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 and an underlying film of the film to be processed (Fig. 4, “the template 200 is brought into contact with the resist 150 on the wafer 100, and, in this state, precise positioning is performed by using alignment marks 230 and 110”, ¶ [0054]).
Regarding claim 20, Figs. 4 and 19A of Mitsugi disclose the mark according to claim 1 as applied above, and 9A discloses wherein
the first periodic pattern (Rxa,t) has a first pitch (Fig. 9A, P2.sub.XA,T, ¶ [0072]), and
the line-and-space pattern included in the first mark has a second pitch (Fig. 9A, P2.sub.XB,T, ¶ [0072]) different from the first pitch (Fig. 9A, "P2.sub.XA,T = 2,240 nm", "P2.sub.XB,T=…=2,000 nm", 1 [0087]).
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 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsugi (US 20190080899 A1) in view of Asano (US 20180264712 A1).
Regarding claim 4, Figs. 4 and 19A of Mitsugi disclose the mark according to claim 1 as applied above, but Mitsugi fails 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 Mitsugi with the connections as disclosed by Asano, to optimize alignment and processing time (see Asano, ¶ [0004]).
Regarding claim 15, Figs. 4 and 19A of Mitsugi disclose the template according to claim 12 as applied above, but Mitsugi fails 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 Mitsugi with the connections as disclosed by Asano, to optimize alignment and processing time (see Asano, ¶ [0004]).
Conclusion
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. 11:30am-7pm ET.
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
Prosecution Insights