Prosecution Insights
Last updated: April 19, 2026
Application No. 17/994,436

DETECTING APPARATUS, SUBSTRATE PROCESSING APPARATUS, AND ARTICLE MANUFACTURING METHOD

Final Rejection §103
Filed
Nov 28, 2022
Examiner
SATCHER, DION JOHN
Art Unit
2676
Tech Center
2600 — Communications
Assignee
Canon Kabushiki Kaisha
OA Round
4 (Final)
85%
Grant Probability
Favorable
5-6
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
33 granted / 39 resolved
+22.6% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
29 currently pending
Career history
68
Total Applications
across all art units

Statute-Specific Performance

§101
14.2%
-25.8% vs TC avg
§103
61.9%
+21.9% vs TC avg
§102
15.1%
-24.9% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 39 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/21/2025 has been entered. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/05/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment Applicant’s Amendments filed on 01/20/2026 has been entered and made of record. Currently pending Claim(s): Independent Claim(s): Amended Claim(s): 1–14 1, 11 and 14 1, 11 and 14 Response to Applicant’s Arguments This office action is responsive to Applicant’s Arguments/Remarks Made in an Amendment received on 01/20/2026. Applicant’s Reply (January 20, 2026) includes substantive amendments to the claims. This Office action has been updated with new grounds of rejection addressing those amendments. Further Applicant’s Arguments/Remarks with respect to independent claims 1, 11 and 14 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection and the arguments are now rejected by newly cited art ‘Shibazaki (WO 2013100203 A2)’ as explained in the body of rejection below. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or non-obviousness. Claim(s) 1, 5 and 8, 10–11, 13–14 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 20090219533 A1, hereafter, “Hayashi”) in view of Nakanishi et al. (JP 2011077289 A, hereafter, “Nakanishi”) further in view of Shibazaki (WO 2013100203 A2). Regarding claim 1, Hayashi teaches a detecting apparatus configured to detect a position of a predetermined pattern on a substrate (See Hayashi, [Abstract], An exposure method comprises: a first detection step of detecting a position of a first mark by a first scope; a second detection step of detecting a position of a second mark by a second scope having a magnification higher than the first scope; a first calculation step of calculating a first correction value based on the detection results obtained in the first and second detection steps; a third detection step of detecting a position of a third mark by the second scope after the substrate is aligned based on the first correction value calculated in the first calculation step; a second calculation step of calculating a second correction value based on the detection results obtained in the second and third detection steps; and an exposure step of exposing the substrate after the substrate is aligned based on the second correction value calculated in the second calculation step), the detecting apparatus comprising: a first detecting system configured to detect a position of a first predetermined pattern in a first field of view (See Hayashi, ¶ [0025], In step S102, the controller C drives a substrate stage so that a low-magnification alignment mark WML in a first sample shot SL1, which serves as a first mark, falls within the observation range of a low-magnification scope S1 serving as a first scope with reference to the mechanical prealignment result); and a second detecting system configured to detect a position of a second predetermined pattern (See Hayashi, ¶ [0026], In step S105, the controller C drives the substrate stage so that a high-magnification alignment mark WMH in a second sample shot SH2 shown in FIG. 2, which serves as a second mark, falls within the observation range of a high-magnification scope S2 serving as a second scope) with [a smaller shift amount than that of the first predetermined pattern] in a second field of view narrower than the first field of view (See Hayashi, ¶ [0026], In step S105, the controller C drives the substrate stage so that a high-magnification alignment mark WMH in a second sample shot SH2 shown in FIG. 2, which serves as a second mark, falls within the observation range of a high-magnification scope S2 serving as a second scope. Note: Examiner is interpreting the narrower field of view as the high magnification), [the second predetermined pattern being disposed on a center side of the substrate relative to the first predetermined pattern, wherein the position of the first predetermined pattern is detected by the first detecting system at the same time as the position of the second predetermined pattern is detected by the second detecting system, and wherein a shift amount of a rotation component of the substrate is detected based on results of detecting the position of the first predetermined pattern by the first detecting system of the first field of view and the position of the second predetermined pattern by the second detecting system]. However, Hayashi fail(s) to teach a smaller shift amount than that of the first predetermined pattern; the second predetermined pattern being disposed on a center side of the substrate relative to the first predetermined pattern, wherein the position of the first predetermined pattern is detected by the first detecting system at the same time as the position of the second predetermined pattern is detected by the second detecting system, and wherein a shift amount of a rotation component of the substrate is detected based on results of detecting the position of the first predetermined pattern by the first detecting system of the first field of view and the position of the second predetermined pattern by the second detecting system. Nakanishi, working in the same field of endeavor, teaches: a smaller shift amount than that of the first predetermined pattern (See Nakanishi, ¶ [0060], Then, in step S22, an image is captured at the set high magnification, and the position of the center of gravity of the alignment mark 204 is calculated to determine the position of the alignment mark. 702 That is, the precise position of the mark is obtained by calculating the center of gravity. Note: Since the alignment point is in the center. There is minimal shift when rotating the substrate as the center is the rotation axis. The outer alignment marks would shift more as they are further away from the center when rotating); the second predetermined pattern being disposed on a center side of the substrate relative to the first predetermined pattern (See Nakanishi, ¶ [0037], one positioning alignment mark 204 at a position corresponding to the center of the substrate W, and one positioning alignment mark 205 at a position corresponding to the periphery). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference a smaller shift amount than that of the first predetermined pattern; the second predetermined pattern being disposed on a center side of the substrate relative to the first predetermined pattern based on the method of Nakanishi’s reference. The suggestion/motivation would have been to reduce the time required for alignment and stably determine the relative position of the substrate with high accuracy (See Nakanishi, ¶ [0005–0011]). However, Hayashi and Nakanishi fail(s) to teach wherein the position of the first predetermined pattern is detected by the first detecting system at the same time as the position of the second predetermined pattern is detected by the second detecting system, wherein a shift amount of a rotation component of the substrate is detected based on results of detecting the position of the first predetermined pattern by the first detecting system of the first field of view and the position of the second predetermined pattern by the second detecting system. Shibazaki, working in the same field of endeavor, teaches: wherein the position of the first predetermined pattern is detected by the first detecting system at the same time as the position of the second predetermined pattern is detected by the second detecting system (See Shibazaki, [Pg. 118, ln. 17–22], main controller 20 detects the three first alignment marks (refer to the star marks in FIG. 21) almost simultaneously and individually using 20 primary alignment system AL1, and secondary alignment systems A L 2   2 and A L 2   3 , concurrently with the first half processing of focus calibration. See also [FIG. 21 & 22]. Note: the star marks for the alignment marks. AL1 especially it located at the horizontal center of the wafer relative to the A L 2   2 and A L 2   3 that are located out from the center and that all marks are detected simultaneously), and wherein a shift amount of a rotation component of the substrate is detected (See Shibazaki, [Pg. 127, ln. 27–29 and Pg. 128, ln. 1–4], using the detection results of a total of 16 alignment marks obtained in the manner described above and the corresponding measurement values of the second fine movement stage position measurement system HOB, and calculates an EGA parameter (X offset, Y offset, orthogonal degree, wafer rotation, wafer X scaling, wafer Y scaling and the like). Note: the wafer rotation determines the amount of rotation needed to correct the shift amount that is based on the measurements of the AL1 and AL2) based on results of detecting the position of the first predetermined pattern (See Shibazaki, [Pg. 118, ln. 17–22], main controller 20 detects the three first alignment marks (refer to the star marks in FIG. 21) almost simultaneously and individually using 20 primary alignment system AL1, and secondary alignment systems A L 2   2 and A L 2   3 , concurrently with the first half processing of focus calibration. Note: Examiner is interpreting the first predetermined pattern as AL2) by the first detecting system of the first field of view and the position of the second predetermined pattern by the second detecting system(See Shibazaki, [Pg. 118, ln. 17–22], main controller 20 detects the three first alignment marks (refer to the star marks in FIG. 21) almost simultaneously and individually using 20 primary alignment system AL1, and secondary alignment systems A L 2   2 and A L 2   3 , concurrently with the first half processing of focus calibration. Note: Examiner is interpreting the first predetermined pattern as AL1) . Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference wherein the position of the first predetermined pattern is detected by the first detecting system at the same time as the position of the second predetermined pattern is detected by the second detecting system, wherein a shift amount of a rotation component of the substrate is detected based on results of detecting the position of the first predetermined pattern by the first detecting system of the first field of view and the position of the second predetermined pattern by the second detecting system based on the method of Shibazaki’s reference. The suggestion/motivation would have been to more accurately and timely determine the movement correction for the substrate (See Shibazaki, [Pg. 126, ln. 1–21]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Nakanishi and Shibazaki with Hayashi to obtain the invention as specified in claim 1. Regarding claim 5, Hayashi teaches the detecting apparatus according to claim 1, wherein the first detecting system includes a detecting system of a first magnification and a detecting system of a second magnification higher than the first magnification (See Hayashi, ¶ [0023], Reference symbol S1 denotes a first scope for low-magnification observation; and S2, a second scope for high-magnification observation, which has a magnification higher than that of the first scope S1), and wherein the second detecting system includes a detecting system of the second magnification (See Hayashi, ¶ [0029], In step S109, the controller C controls the high-magnification scope S2 to perform high-magnification measurement of the next sample shot. Steps S108 and S109 are a third detection step of detecting the position of a third mark by the second scope after the substrate is aligned based on the first correction value. See also [FIG. 1], S103 PERFORM LOW-MAGNIFICATION MEASUREMENT, S106 PERFORM HIGH-MAGNIFICATION MEASUREMENT, S109 PERFORM HIGH-MAGNIFICATION MEASUREMENT). Regarding claim 8, Hayashi teaches the detecting apparatus according to claim 1, wherein the first detecting system includes a detecting system of a first magnification (See Hayashi, ¶ [0023], a substrate stage for holding the substrate W which can move three-dimensionally. Reference symbol S1 denotes a first scope for low-magnification observation), and wherein the second detecting system includes a detecting system of a second magnification higher than the first magnification (See Hayashi, ¶ [0023], a substrate stage for holding the substrate W which can move three-dimensionally. Reference symbol S1 denotes a first scope for low-magnification observation; and S2, a second scope for high-magnification observation, which has a magnification higher than that of the first scope S1. See also [FIG. 5], S1 and S2). Regarding claim 10, Hayashi in view of Nakanishi further in view of Shibazaki teach the detecting apparatus according to claim 1, [wherein the first detecting system is disposed so that a longitudinal direction of the first field of view is orthogonal to a direction connecting a center of the first field of view and a center of the second field of view to each other]. However, Hayashi and Shibazaki fail(s) to teach wherein the first detecting system is disposed so that a longitudinal direction of the first field of view is orthogonal to a direction connecting a center of the first field of view and a center of the second field of view to each other. Nakanishi, working in the same field of endeavor, teaches: wherein the first detecting system is disposed so that a longitudinal direction of the first field of view is orthogonal to a direction connecting a center of the first field of view and a center of the second field of view to each other (See Nakanishi, ¶ [0044], Next, the amount of misalignment in two orthogonal axial directions (X and Y directions) relative to the position of the substrate W relative to the camera 6 is detected and this amount of misalignment is corrected so that the image of the alignment mark 204 on the substrate W is positioned at the center of the obtained image). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify HayashiMishima’s reference wherein the first detecting system is disposed so that a longitudinal direction of the first field of view is orthogonal to a direction connecting a center of the first field of view and a center of the second field of view to each other based on the method of Nakanishi’s reference. The suggestion/motivation would have been to reduce the time required for alignment and stably determine the relative position of the substrate with high accuracy (See Nakanishi, ¶ [0005–0011]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Nakanishi and Shibazaki with Hayashi to obtain the invention as specified in claim 10. Regarding claim 11, claim 11 is rejected the same as claim 1 and the arguments similar to that presented above for claim 1 are equally applicable to the claim 11, and all of the other limitations similar to claim 1 are not repeated herein, but incorporated by reference. Furthermore, Hayashi teaches a substrate processing apparatus configured to process a substrate (See Hayashi, ¶ [0011], According to the first aspect of the present invention, there is provided an exposure method of exposing a substrate by aligning the substrate using a mark formed on the substrate), the substrate processing apparatus comprising a detecting apparatus configured to detect a position of a predetermined pattern on the substrate (See Hayashi, [Abstract], An exposure method comprises: a first detection step of detecting a position of a first mark by a first scope; a second detection step of detecting a position of a second mark by a second scope having a magnification higher than the first scope), wherein the detecting apparatus includes (See Hayashi, [Abstract], An exposure method comprises: a first detection step of detecting a position of a first mark by a first scope). Regarding claim 13, Hayashi in view of Nakanishi further in view of Shibazaki teaches the substrate processing apparatus according to claim 11, [wherein in a case where one of the first predetermined pattern and the second predetermined pattern is detected and the other is not detected, the other is searched by rotating the substrate using the one as a rotation axis]. However, Hayashi and Shibazaki fail(s) to teach wherein in a case where one of the first predetermined pattern and the second predetermined pattern is detected and the other is not detected, the other is searched by rotating the substrate using the one as a rotation axis. Nakanishi, working in the same field of endeavor, teaches: wherein in a case where one of the first predetermined pattern and the second predetermined pattern is detected and the other is not detected, the other is searched by rotating the substrate using the one as a rotation axis (See Nakanishi, ¶ [0050], In step S20, the position of the alignment mark 205 is measured, and the rotational angular position of the substrate W is corrected based on the measurement result. That is, after the substrate W is centered, the substrate W is rotated so that the alignment marks 205 are positioned at target positions in two axial directions. The alignment mark 205 will be located at a target position at the edge of the substrate W if the substrate W is centered). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference to wherein in a case where one of the first predetermined pattern and the second predetermined pattern is detected and the other is not detected, the other is searched by rotating the substrate using the one as a rotation axis based on the method of Nakanishi’s reference. The suggestion/motivation would have been to reduce the time required for alignment and stably determine the relative position of the substrate with high accuracy (See Nakanishi, ¶ [0005–0011]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Nakanishi and Shibazaki with Hayashi to obtain the invention as specified in claim 13. Regarding claim 14, claim 14 is rejected the same as claim 1 and the arguments similar to that presented above for claim 1 are equally applicable to the claim 14, and all of the other limitations similar to claim 1 are not repeated herein, but incorporated by reference. Furthermore, Hayashi teaches an article manufacturing method comprising the steps of: processing a substrate using a substrate processing apparatus configured to process the substrate (See Hayashi, [Abstract], An exposure method comprises: a first detection step of detecting a position of a first mark by a first scope; a second detection step of detecting a position of a second mark by a second scope having a magnification higher than the first scope; a first calculation step of calculating a first correction value based on the detection results obtained in the first and second detection steps; a third detection step of detecting a position of a third mark by the second scope after the substrate is aligned based on the first correction value calculated in the first calculation step; a second calculation step of calculating a second correction value based on the detection results obtained in the second and third detection steps; and an exposure step of exposing the substrate after the substrate is aligned based on the second correction value calculated in the second calculation step). Claim(s) 2–4, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 20090219533 A1, hereafter, “Hayashi”) in view of Nakanishi et al. (JP 2011077289 A, hereafter, “Nakanishi”) further in view of Shibazaki (WO 2013100203 A2) and further in view of Tanaka (JP 2004158741 A, hereafter, “Tanaka”). Regarding claim 2, Hayashi in view of Nakanishi further in view of Shibazaki teaches the detecting apparatus according to claim 1, [wherein a field of view of the first detecting system can be switched to a third field of view narrower than the first field of view]. However, Hayashi, Nakanishi and Shibazaki fail(s) to teach wherein a field of view of the first detecting system can be switched to a third field of view narrower than the first field of view. Tanaka, working in the same field of endeavor, teaches: wherein a field of view of the first detecting system can be switched to a third field of view narrower than the first field of view (See Tanaka, ¶ [0015], Next, a detailed description will be given of a scope capable of simultaneously observing the marks shown in AM of FIG. 2a in the intermediate magnification system and the high magnification system and switching the intermediate magnification system to the low magnification system). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference wherein a field of view of the first detecting system can be switched to a third field of view narrower than the first field of view based on the method of Tanaka’s reference. The suggestion/motivation would have been to improve detection rates and maintain high accuracy and high-speed detection for stable semiconductor production (See Tanaka, ¶ [0006–0011]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Tanaka with Hayashi, Nakanishi and Shibazaki to obtain the invention as specified in claim 2. Regarding claim 3, Hayashi in view of Nakanishi further in view of Shibazaki teaches the detecting apparatus according to claim 2, [wherein after detecting the position of the first predetermined pattern in the first field of view, the first detecting system detects the position of the first predetermined pattern in the third field of view]. However, Hayashi, Nakanishi and Shibazaki fail(s) to teach wherein after detecting the position of the first predetermined pattern in the first field of view, the first detecting system detects the position of the first predetermined pattern in the third field of view. Tanaka, working in the same field of endeavor, teaches: wherein after detecting the position of the first predetermined pattern in the first field of view, the first detecting system detects the position of the first predetermined pattern in the third field of view (See Tanaka, ¶ [0015], Next, a detailed description will be given of a scope capable of simultaneously observing the marks shown in AM of FIG. 2a in the intermediate magnification system and the high magnification system and switching the intermediate magnification system to the low magnification system). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference to wherein after detecting the position of the first predetermined pattern in the first field of view, the first detecting system detects the position of the first predetermined pattern in the third field of view based on the method of Tanaka’s reference. The suggestion/motivation would have been to improve detection rates and maintain high accuracy and high-speed detection for stable semiconductor production (See Tanaka, ¶ [0006–0011]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Tanaka with Hayashi, Nakanishi and Shibazaki to obtain the invention as specified in claim 3. Regarding claim 4, Hayashi in view of Nakanishi further in view of Shibazaki teaches the detecting apparatus according to claim 2, wherein after the first detecting system detects the position of the first predetermined pattern in the first field of view and the second detecting system detects the position of the second predetermined pattern, [the first detecting system detects the position of the first predetermined pattern in the third field of view and the second detecting system detects the position of the second predetermined pattern]. However, Hayashi, Nakanishi and Shibazaki fail(s) to teach the first detecting system detects the position of the first predetermined pattern in the third field of view and the second detecting system detects the position of the second predetermined pattern. Tanaka, working in the same field of endeavor, teaches: the first detecting system detects the position of the first predetermined pattern in the third field of view and the second detecting system detects the position of the second predetermined pattern (See Tanaka, ¶ [0016], A movable mirror MM is provided in front of the detection sensor S1. When the mirror MM is inserted into the optical axis, the light reflected from the wafer, which is reflected by the half mirror M2 and passes through the low-magnification system lens L1, is imaged by the sensor S1. By moving the MM in and out, the field of view imaged in the S1 is switched between the intermediate magnification system and the low magnification system). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference the first detecting system detects the position of the first predetermined pattern in the third field of view and the second detecting system detects the position of the second predetermined pattern based on the method of Tanaka’s reference. The suggestion/motivation would have been to improve detection rates and maintain high accuracy and high-speed detection for stable semiconductor production (See Tanaka, ¶ [0006–0011]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Tanaka with Hayashi, Nakanishi and Shibazaki to obtain the invention as specified in claim 4. Regarding claim 6, Hayashi in view of Nakanishi further in view of Shibazaki teaches the detecting apparatus according to claim 1, wherein the first detecting system includes a detecting system of a first magnification and a detecting system of a second magnification higher than the first magnification (See Hayashi, ¶ [0023], a substrate stage for holding the substrate W which can move three-dimensionally. Reference symbol S1 denotes a first scope for low-magnification observation; and S2, a second scope for high-magnification observation, which has a magnification higher than that of the first scope S1. See also [FIG. 5], S1 and S2), and [wherein the second detecting system includes a detecting system of the first magnification and a detecting system of a third magnification higher than the first magnification and lower than the second magnification]. However, Hayashi, Nakanishi and Shibazaki fail(s) to teach wherein the second detecting system includes a detecting system of the first magnification and a detecting system of a third magnification higher than the first magnification and lower than the second magnification. Tanaka, working in the same field of endeavor, teaches: wherein the second detecting system includes a detecting system of the first magnification and a detecting system of a third magnification higher than the first magnification and lower than the second magnification (See Tanaka, ¶ [0019], The light split by and transmitted through the half mirror M3 is guided to a photoelectric conversion device (accumulation time variable camera) L3 through a high-magnification detection imaging optical system S2, and an alignment mark AM image is formed on the device. Further, the light split by the half mirror M3 is guided to a photoelectric conversion device (accumulation time variable camera) L2 through a medium-magnification imaging optical system S1, and forms an alignment mark AM image on the device). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference wherein the second detecting system includes a detecting system of the first magnification and a detecting system of a third magnification higher than the first magnification and lower than the second magnification based on the method of Tanaka’s reference. The suggestion/motivation would have been to improve detection rates and maintain high accuracy and high-speed detection for stable semiconductor production (See Tanaka, ¶ [0006–0011]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Tanaka with Hayashi, Nakanishi and Shibazaki to obtain the invention as specified in claim 6. Regarding claim 7, Hayashi in view of Nakanishi further in view of Shibazaki teaches the detecting apparatus according to claim 1, wherein the first detecting system includes a detecting system of a first magnification, a detecting system with a second magnification higher than the first magnification (See Hayashi, ¶ [0023], a substrate stage for holding the substrate W which can move three-dimensionally. Reference symbol S1 denotes a first scope for low-magnification observation; and S2, a second scope for high-magnification observation, which has a magnification higher than that of the first scope S1. See also [FIG. 5], S1 and S2), and [a detecting system of a third magnification higher than the first magnification and lower than the second magnification, and wherein the second detecting system includes a detecting system of the first magnification and a detecting system of the third magnification]. However, Hayashi, Nakanishi and Shibazaki fail(s) to teach a detecting system of a third magnification higher than the first magnification and lower than the second magnification, and wherein the second detecting system includes a detecting system of the first magnification and a detecting system of the third magnification. Tanaka, working in the same field of endeavor, teaches: a detecting system of a third magnification higher than the first magnification and lower than the second magnification, and wherein the second detecting system includes a detecting system of the first magnification and a detecting system of the third magnification (See Tanaka, ¶ [0021], Since the intermediate magnification system captures an image in such a wide range that the mark falls within the field of view within the range of reproducibility of mechanical alignment, the mark position can be obtained. However, for example, when a wafer having a large mechanical alignment offset is inserted, the mark position may not be detected in the field of view of the intermediate magnification system. In this case, mark detection in the medium-magnification system is determined (S202), and if the mark cannot be detected, a movable mirror MM is inserted into the optical axis to switch the image on the sensor S1 to the low-magnification imaging optical system (perform low-magnification imaging of the S203), FXY1 mark (S204))). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference a detecting system of a third magnification higher than the first magnification and lower than the second magnification, and wherein the second detecting system includes a detecting system of the first magnification and a detecting system of the third magnification based on the method of Tanaka’s reference. The suggestion/motivation would have been to improve detection rates and maintain high accuracy and high-speed detection for stable semiconductor production (See Tanaka, ¶ [0006–0011]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Tanaka with Hayashi, Nakanishi and Shibazaki to obtain the invention as specified in claim 7. Claim(s) 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 20090219533 A1, hereafter, “Hayashi”) in view of Nakanishi et al. (JP 2011077289 A, hereafter, “Nakanishi”) further in view of Shibazaki (WO 2013100203 A2) further in view of Hiroshi (US 20040189995 A1, hereafter, “Hiroshi”). Regarding claim 9, Hayashi in view of Nakanishi and Shibazaki teaches the detecting apparatus according to claim 1, [wherein detection of the position of the first predetermined pattern by the first detecting system is performed simultaneously with detection of the position of the second predetermined pattern by the second detecting system]. However, Hayashi, Nakanishi and Shibazaki fail(s) to teach wherein detection of the position of the first predetermined pattern by the first detecting system is performed simultaneously with detection of the position of the second predetermined pattern by the second detecting system. Hiroshi, working in the same field of endeavor, teaches: wherein detection of the position of the first predetermined pattern by the first detecting system is performed simultaneously with detection of the position of the second predetermined pattern by the second detecting system (See Hiroshi, ¶ [0041], A scope capable of simultaneously observing the mark AM shown in FIG. 6A by low- and high-magnification systems will be described in detail. A microscope (alignment scope) SC for wafer alignment shown in FIG. 1 can perform simultaneous observation by low- and high-magnification systems and mark position detection processing). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference wherein detection of the position of the first predetermined pattern by the first detecting system is performed simultaneously with detection of the position of the second predetermined pattern by the second detecting system based on the method of Hiroshi’s reference. The suggestion/motivation would have been precise, highspeed positioning in spite of mechanical errors (See Hiroshi, ¶ [0002–0012, 0041]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Hiroshi with Hayashi, Nakanishi and Shibazaki to obtain the invention as specified in claim 7. Regarding claim 12, Hayashi in view of Nakanishi further in view of Shibazaki teaches the substrate processing apparatus according to claim 11, [wherein a moving amount of the substrate in a case where the first detecting system detects the position of the first predetermined pattern and the second detecting system detects the position of the second predetermined pattern, is shorter than a moving amount of the substrate in a case where one of the first detecting system and the second detecting system is used to detect the position of the first predetermined pattern and the position of the second predetermined pattern]. However, Hayashi, Nakanishi and Shibazaki fail(s) to teach wherein a moving amount of the substrate in a case where the first detecting system detects the position of the first predetermined pattern and the second detecting system detects the position of the second predetermined pattern, is shorter than a moving amount of the substrate in a case where one of the first detecting system and the second detecting system is used to detect the position of the first predetermined pattern and the position of the second predetermined pattern. Hiroshi, working in the same field of endeavor, teaches: wherein a moving amount of the substrate in a case where the first detecting system detects the position of the first predetermined pattern and the second detecting system detects the position of the second predetermined pattern (See Hiroshi, ¶ [0046], FIG. 6A shows an observable visual field HF for the high-magnification system. The observable visual field HF leaves little margin for movement of marks X and Y. FIG. 6B shows an observable visual field MF for the low-magnification system. Note: Examiner is interpreting the High Magnification as the second detecting system and the Low Magnification as the first detecting system), is shorter than a moving amount of the substrate in a case where one of the first detecting system and the second detecting system is used to detect the position of the first predetermined pattern and the position of the second predetermined pattern (The visual field MF is wider than the visual field HF and is used to calculate small movement amounts (shift amounts) dx and dy for driving an alignment mark into the high-magnification visual field HF in simultaneous observation by the high- and low-magnification systems. Note: The movement amount of the substrate is shorter in using the high and low magnification system). Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Hayashi’s reference wherein a moving amount of the substrate in a case where the first detecting system detects the position of the first predetermined pattern and the second detecting system detects the position of the second predetermined pattern, is shorter than a moving amount of the substrate in a case where one of the first detecting system and the second detecting system is used to detect the position of the first predetermined pattern and the position of the second predetermined pattern based on the method of Hiroshi’s reference. The suggestion/motivation would have been precise, highspeed positioning in spite of mechanical errors (See Hiroshi, ¶ [0002–0012, 0041]). Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine Hiroshi with Hayashi, Nakanishi and Shibazaki to obtain the invention as specified in claim 12. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Suzuki (JP 2011196907 A) teaches the inspection pattern 3 includes a central inspection pattern 3A disposed at the center of the wafer 1A, a first peripheral inspection pattern 3B disposed opposite to the front and rear of the central inspection pattern 3A, and the central inspection pattern 3A. And the second peripheral edge inspection pattern 3 </ b> C opposed to the left and right. Kanaya (US 20090073405 A1) teaches a first positional information of a wafer stage is measured using an interferometer system such as, for example, a Z interferometer. At the same time, a second positional information of the wafer stage is measured using a surface position measurement system such as, for example, two Z heads. Moving average is applied to a difference between the first positional information and the second positional information for a predetermined measurement time to set a coordinate offset, and the coordinate offset is used to inspect the reliability of output signals of the surface position measurement system. When the output signals are confirmed to be normal, servo control of the wafer stage is performed using a sum of the first positional information and the coordinate offset. According to the servo control by this hybrid method, drive control of the wafer stage which has the stability of the interferometer and the precision of the Z heads becomes possible 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 DION J SATCHER whose telephone number is (703)756-5849. The examiner can normally be reached Monday - Thursday 5:30 am - 2:30 pm, Friday 5:30 am - 9:30 am PST. 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, Henok Shiferaw can be reached at (571) 272-4637. 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. /DION J SATCHER/Patent Examiner, Art Unit 2676 /Henok Shiferaw/Supervisory Patent Examiner, Art Unit 2676
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Prosecution Timeline

Nov 28, 2022
Application Filed
Feb 19, 2025
Non-Final Rejection — §103
May 21, 2025
Response Filed
Jun 24, 2025
Final Rejection — §103
Aug 21, 2025
Response after Non-Final Action
Sep 19, 2025
Request for Continued Examination
Oct 01, 2025
Response after Non-Final Action
Oct 17, 2025
Non-Final Rejection — §103
Jan 20, 2026
Response Filed
Feb 28, 2026
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
85%
Grant Probability
99%
With Interview (+14.2%)
3y 0m
Median Time to Grant
High
PTA Risk
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