Prosecution Insights
Last updated: April 19, 2026
Application No. 18/070,114

MONITORING OF DEPOSITED OR ETCHED FILM THICKNESS USING IMAGE-BASED MASS DISTRIBUTION METROLOGY

Non-Final OA §103
Filed
Nov 28, 2022
Examiner
CAMMARATA, MICHAEL ROBERT
Art Unit
2667
Tech Center
2600 — Communications
Assignee
Applied Materials, Inc.
OA Round
3 (Non-Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
213 granted / 305 resolved
+7.8% vs TC avg
Strong +36% interview lift
Without
With
+35.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
46 currently pending
Career history
351
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
45.8%
+5.8% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
24.6%
-15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 305 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 . Applicant filed an After Final Reply which gained entry via the RCE filed the same day of 02 February 2026. Response to Arguments Applicant’s arguments with respect to claims 1 and 15 regarding the further definition of reflectance values 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. More specifically, Lian has been applied to teach the newly added reflectance value definitions added to claims 1, 15, and 20. Lian was and continues to be applied to claims 7 and 8 which more specifically claimed the use of reflectance values. See also Clark’s application to claim 20’s reflectometer. Despite this application of Lian and Clark to the concept of using reflectance values as claimed, Applicant has chosen not to submit substantive arguments rebutting Lian or Clark but instead entirely focusses upon Chen. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 2, 4, 5, 10, 11, 15, 16, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2018/0226304 A1) and Lian (WO 2007/124294). Claim 1 In regards to claim 1, Chen discloses a method comprising: obtaining a first {Figs. 1, 2a, 2b, [0025], [0032]-[0036] including interferometer sub-system 102, having CCD detectors 222, 223. Figs. 5-6, [0057]-[0059] including steps 502/602 obtaining a first reflectance image reflected from a substrate for first flatness measurement prior to a deposition process associated with a change in thickness (Fig. 3A)}; weighing the sample to obtain a first mass of the sample prior to the processing operation {mass sensor 104 weighs the sample (substrate) as per Fig. 1 [0023]-[0024], fig. 4 fig. 4, step 404 acquire first mass measurement [0056] and particularly Figs. 5-6, [0056]-[0059] including steps 502/602}; obtaining a second weighing the sample to obtain a second mass of the sample; and wherein determining the one or more properties of the sample is further based on the second image of the sample and the second mass of the sample {Figs. 5-6, [0056]-[0059] including steps 506/604 which are acquired following/after deposition of a film. See also Figs. 1, 2a, [0025], [0032]-[0036] including interferometer sub-system 102, having CCD detectors 222, 223 obtaining a first (and second per Figs. 5-6) images and first (and second masses) of a substrate to determine the change in the thickness distribution}; and determining, based at least in part on (i) a difference between the first Lian is analogous art from the same field of determining properties of samples including thickness. See [0001]-[0007] and cites below. Lian also teaches obtaining a first reflectance image of a sample using a first instance of light prior to a processing operation associated with a change of a thickness of the sample, wherein the first reflectance image comprises a plurality of reflectance values, each reflectance value of the plurality of reflectance values representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample and obtaining a second reflectance image of the sample after the processing operation {see Fig. 1 including measuring tool 103 having optics assembly 104, light source 154 and spectrometer 156, that obtains reflectance images prior to and after etching (processing) as per [0021]-[0028]. Further as to reflectance representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample see [0014], [0043], [0046], and [0050] with [0033], [0035], [0046], [0054], claim 19 discussing the interchangeability of detecting and analyzing reflectance signals using interferometry (e.g. Chen), reflectometry, or spectrometry}; and determining, based at least in part on (i) a difference between the first reflectance image of the sample and the second reflectance image of the sample wherein the one or more properties of the sample comprise: the change of the thickness of the sample {see [0005]-[0007], Fig. 4 [0053]-[0058], [0037]-[0044] applying a machine learning model to various training data including mass and reflectance values measured before, during and after a processing step including differences therebetween at each stage (e.g. before/after) of the processing and in which the predicted properties include thickness profile and/or etch depth of the substrate before/after the processing}. It 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 to have modified Chen which already obtains first and second image signals of a sample prior to and after a processing operation associated with a change in thickness (e.g. etching) such that a) the image signals are reflectance images, each reflectance value of the plurality of reflectance values representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample as taught by Lian and b) Chen’s determining step also employs reflectance values such that the determining, is based at least in part on (i) a difference between the first reflectance image of the sample and the second reflectance image of the sample, (ii) the first mass of the sample, and (iii) the second mass of the sample, one or more properties of the sample, wherein the one or more properties of the sample comprise: the change of the thickness of the sample as also collectively taught by Lian and Chen because Lian teaches the equivalence of using reflectance signals for both interferometers (e.g. Chen), reflectometers, and spectrometers (e.g. Lian) in [0033], [0046], [0054]; because the predictive model increases the accuracy of the etching and/or deposition processes and results in an improved method and apparatus for substate monitoring as motivated by Lian in [0004], [0014], [0041], [0047]; because there is a reasonable expectation of success; and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Claim 2 In regards to claim 2, Chen discloses wherein determining the one or more properties of the sample comprises: determining the change of the thickness of the sample at two or more locations of the sample {Figs. 5-6, [0056]-[0058]. See also claim 1 mapping particularly Figs. 1, 2a, [0025], [0032]-[0036] including interferometer sub-system 102, having CCD detectors 222, 223 obtaining a first (and second per Figs. 5-6) images of a substrate to determine the change in the thickness distribution of the deposited film across the film’s surface}. Claim 4 In regards to claim 4, Chen discloses wherein the one or more properties of the sample further comprise at least one of: a change of a refractive index of the sample, or a change of an optical density of the sample {See mapping for claim 1 above in which Chen determines properties of the sample which include a change in thickness of the sample due to film deposition and at least a change in optical density of the sample (e.g. due to the change in thickness as per the Beer-Lambert Law}. Claim 5 In regards to claim 5, Chen discloses wherein determining the one or more properties of the sample comprises: determining a distribution of a difference between the first mass of the sample and the second mass of the sample over an area of the sample {see above cites including [0037]-[0041], [0057]-[0058] wherein Chen determines a thickness distribution between first and second masses of the samples}. Claim 10 In regards to claim 10, Chen discloses wherein the processing operation comprises at least one of a material deposition operation or a material removal operation {see Figs. 3a-b, 5, [0057]}. Claim 11 In regards to claim 11, Chen discloses wherein obtaining the first Lian teaches wherein obtaining the first and second reflectance images of the sample and the equivalence of using reflectance signals for both interferometers (e.g. Chen), relectometers, and spectrometers (e.g. Lian) in [0033], [0046], [0054]} {see Fig. 1 including measuring tool 103 having optics assembly 104, light source 154 and spectrometer 156, that obtains reflectance images prior to and after etching (processing) as per [0021]-[0028]. Further as to reflectance representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample see [0014], [0043], [0046], and [0050] with [0033], [0046], [0054] discussing the interchangeability of detecting and analyzing reflectance signals using interferometry (e.g. Chen) or spectrometry} It 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 to have modified Chen which already obtains first and second image signals of a sample prior to and after a processing operation associated with a change in thickness (e.g. etching) and already obtains the first image of the sample and weighing the sample are performed concurrently such that the image signals are reflectance images, each reflectance value of the plurality of reflectance values representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample as taught by Lian because Lian teaches the equivalence of using reflectance signals for interferometers (e.g. Chen), reflectometers, and spectrometers (e.g. Lian), because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Claims 15, 16, 18, and 19 The rejection of method claims 1, 2, 4, and 10 above applies mutatis mutandis to the corresponding limitations of system claims 15, 16, 18, and 19. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chen and Lian as applied to claims 1 and 2 above, and further in view of Panda (US 2022/0165593 A1). Claim 3 In regards to claim 3, Chen is not relied upon to disclose wherein the first instance of light has a first spectral distribution and the second instance of light has a second spectral distribution different from the first spectral distribution. Panda is analogous art from the same field of determining properties of samples including thickness. See [0001]-[0005] and cites below. Panda also teaches obtaining a first and second image of a sample using a first and second instance of light, wherein the sample has been subjected to a processing operation associated with a change of a thickness of the sample and wherein the first instance of light has a first spectral distribution and the second instance of light has a second spectral distribution different from the first spectral distribution {see [0076]-[0080]}. It 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 to have modified Chen which already discloses obtaining a first and second image of a sample using a first and second instance of light, wherein the sample has been subjected to a processing operation associated with a change of a thickness of the sample such that wherein the first instance of light has a first spectral distribution and the second instance of light has a second spectral distribution different from the first spectral distribution as taught by Panda because doing so permits the equivalent spectrometer to determine a reflectometry signal for a moment in time by subtracting the second spectral distribution from the first spectral distribution, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Chen and Lian as applied to claim 1 above, and further in view of Feng (US 2019/0072482 A1). Claim 6 In regards to claim 6, Chen is not relied upon to disclose wherein determining the one or more properties of the sample further is further based on measurements obtained from one or more sensors comprising at least one of a temperature sensor, a gas flow rate sensor, a pressure sensor, or a radio frequency sensor. Feng is analogous art from the same field of determining properties of samples including thickness. See abstract, [00001]-[0006]. Feng also teaches wherein determining the one or more properties of the sample further is further based on measurements obtained from one or more sensors comprising at least one of a temperature sensor, a gas flow rate sensor, a pressure sensor, or a radio frequency sensor {see [0062], [0072] in which the metrology station 310 compensates for temperature, pressure, RF, and flow rate}. It 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 to have modified Chen to include wherein determining the one or more properties of the sample further is further based on measurements obtained from one or more sensors comprising at least one of a temperature sensor, a gas flow rate sensor, a pressure sensor, or a radio frequency sensor as taught by Feng because compensating for these factors increases the accuracy of the property determinations, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Claim 7 In regards to claim 7, Chen is not relied upon to disclose the predictive model recited therein. Lian is analogous art from the same field of determining properties of samples including thickness. See [0001]-[0007] and cites below. Lian also teaches applying a machine learning model to at least the difference between the first reflectance image of the sample and the second reflectance image of the sample, identifying a difference between the one or more properties of the sample and the one or more predicted properties of the sample {see [0005]-[0007], Fig. 2, [0031], [0037]-[0044] including supervised learning that identifies differences as claimed. See also Fig. 4 [0053]-[0058]}; and adjusting, based on the identified difference, one or more parameters of the machine learning model {see [0005]-[0007], Fig. 2, [0031], [0037]-[0044] including supervised learning that identifies differences as claimed. Fig. 4 [0053]-[0058] including learning data for the model which is adjusted based on the identified difference}. Feng teaches applying a machine learning model to at least the difference between the first image of the sample and the second image of the sample, the first mass of the sample, and the second mass of the sample to generate one or more predicted properties of the sample {Figs. 4a-b, 6, [0057]-[0061], [0066]-[0069]} It 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 to have modified Chen’s method of determining the properties (change in thickness) of the sample such that it employs a machine learning model as taught by either Lian or Feng because doing so improves substate monitoring as motivated by Lian in [0004], [0014], [0041], [0047] and, more specifically, to employ Feng’s method that already applies a machine learning model to at least the difference between the first image of the sample and the second image of the sample, the first mass of the sample, and the second mass of the sample to generate one or more predicted properties of the sample such that the model uses reflectance values as taught by Lian because Lian teaches the equivalence of using reflectance signals for interferometers (e.g. Chen), reflectometers, and spectrometers (e.g. Lian) in [0033], [0046], [0054] and wherein it would also 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 to have modified Chen and Lian to extend the machine learning model to include the first mass of the sample and the second mass of the sample to generate one or more predicted properties of the sample as taught by Feng because doing so increases the accuracy of adjusting process parameters. Claim 8 In regards to claim 8, Chen is not relied upon to disclose the predictive model recited therein. Lian teaches wherein the one or more properties of the sample comprise a deformation of the sample and the one or more predicted properties of the sample comprise a predicted deformation of the sample, and wherein adjusting the one or more parameters of the machine learning model is based at least on a difference between the deformation of the sample and the predicted deformation of the sample {see above cites for claim 7 while noting that etching and deposition processor “deform” the sample which is monitored via thickness changes (predicted properties) of the layer being etched or deposited}. Claim 9 In regards to claim 9, Chen is not relied upon to disclose the machine learning model recited therein. Feng also teaches wherein determining the one or more properties of the sample comprises: applying a machine-learning model to at least the first image of the sample, the second image of the sample, the first mass of the sample, and the second mass of the sample {Figs. 4a-b, 6, [0057]-[0061], [0066]-[0069]} It 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 to have modified Chen to include wherein determining the one or more properties of the sample comprises: applying a machine-learning model to at least the first image of the sample, the second image of the sample, the first mass of the sample, and the second mass of the sample as taught by Feng because doing so increases the accuracy of adjusting process parameters, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Claims 12, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chen and Lian as applied to claims 1 and 15 above, and further in view of Clark (US 2020/0006100 A1). Claims 12 and 17 Chen is not relied upon to disclose (claim 12) wherein weighing the sample is performed in an environment having a pressure of less than 50 Torr or (claim 17) wherein the mass measurement device is configured to weigh the sample while the sample is within a vacuum environment. Clark is analogous art from the same field of determining properties of samples including thickness {see [0002], [0006]}. Clark also the equivalence of reflectometers, spectrometers, and interferometers for measuring substrate thickness as per [0122], [0136], [0299]. Clark also teaches wherein weighing the sample is performed in an environment having a pressure of less than 50 Torr and wherein the mass measurement device is configured to weigh the sample while the sample is within a vacuum environment {see [0121]-[0123], [0090], [0117]}. It 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 to have modified Chen to include wherein weighing the sample is performed in an environment having a pressure of less than 50 Torr and wherein the mass measurement device is configured to weigh the sample while the sample is within a vacuum environment because doing so is more efficient, faster and results in better process control when the metrology is performed in the same vacuum environment as the deposition and/or etching processes which require vacuum for their nominal operations. Claim 14 In regards to claim 14, Chen is not relied upon to disclose but Clark teaches wherein determining the one or more properties of the sample comprises determining at least one aberrant region of the sample {see [0231]-[0234], [0240], [0246]. It 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 to have modified Chen to include wherein determining the one or more properties of the sample comprises determining at least one aberrant region of the sample because doing so provides a multi-purpose device that may detect not only thickness but also defects in the substrate being processed, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, Feng, Clark, and Lian. Independent Claim 20 In regards to claim 20, Chen discloses a system comprising: an imaging obtain a first wherein the first {Figs. 1, 2a, 2b, [0025], [0032]-[0036] including interferometer sub-system 102, having CCD detectors 222, 223. Figs. 5-6, [0057]-[0059] including steps 502/602 obtaining a first reflectance image reflected from a substrate for first flatness measurement prior to a deposition process associated with a change in thickness (Fig. 3A)}; and obtain a second a scale configured to weigh the sample to obtain a first mass of the sample {mass sensor 104 weighs the sample (substrate) as per Fig. 1 [0023]-[0024], fig. 4 fig. 4, step 404 acquire mass measurement [0056]}; and a processing device configured to obtain a first mass of the sample prior to the processing operation {mass sensor 104 weighs the sample (substrate) as per Fig. 1 [0023]-[0024], fig. 4 fig. 4, step 404 acquire first mass measurement [0056] and particularly Figs. 5-6, [0056]-[0059] including steps 502/602}; obtain a second mass of the sample; and wherein determining the one or more properties of the sample is further based on the second image of the sample and the second mass of the sample {Figs. 5-6, [0056]-[0059] including steps 506/604 which are acquired following/after deposition of a film. See also Figs. 1, 2a, [0025], [0032]-[0036] including interferometer sub-system 102, having CCD detectors 222, 223 obtaining a first (and second per Figs. 5-6) images and first (and second masses) of a substrate to determine the change in the thickness distribution}; a processing device configured to determine based at least in part on (i) a difference between the first {see abstract, [0023],[0032] controller 106 determines thickness distribution of the sample. See also fig. 4, [0056], fig. 5, [0056]-[0058]. Further as to “a difference between” see Fig. 2B [0033]-[0042] including equations 5-7 and the thickness distribution of the deposited film}. Feng teaches a robot comprising a movable robot blade configured to support a sample {Fig. 1A, p0039] metrology system includes a robot, transfer station or other devices for delivering the substrates to the metrology system 1000}. It 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 to have modified Chen to include a robot comprising a movable robot blade configured to support a sample as taught by Feng because doing so provides a more comprehensive system able to perform deposition/etching and metrology in one integrated system. Clark teaches an imaging reflectometer configured to obtain images of the sample using first and second instances of light before/after processing to obtain data for each the layers being formed including wherein the first reflectance image comprises a plurality of reflectance values, each reflectance value of the plurality of reflectance values representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample; Clark also the equivalence of reflectometers, spectrometers, and interferometers for measuring substrate thickness as per [0122], [0136], [0299]. Lian also teaches obtaining a first reflectance image of a sample using a first instance of light prior to a processing operation associated with a change of a thickness of the sample, wherein the first reflectance image comprises a plurality of reflectance values, each reflectance value of the plurality of reflectance values representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample and obtaining a second reflectance image of the sample after the processing operation {see Fig. 1 including measuring tool 103 having optics assembly 104, light source 154 and spectrometer 156, that obtains reflectance images prior to and after etching (processing) as per [0021]-[0028]. Further as to reflectance representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample see [0014], [0043], [0046], and [0050] with [0033], [0035], [0046], [0054], claim 19 discussing the interchangeability of detecting and analyzing reflectance signals using interferometry (e.g. Chen), reflectometry, or spectrometry}; It 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 to have modified Chen’s imaging using an interferometer to use a reflectometer measuring reflectance images instead as taught by Clark and wherein the first reflectance image comprises a plurality of reflectance values, each reflectance value of the plurality of reflectance values representing a ratio of a reflected intensity to an incident intensity obtained for a respective location of the plurality of locations of the sample as taught by Clark and/or Lian because Clark and/or Lian teach the equivalence of these two devices detecting reflectance for claimed purpose of measuring thickness wherein the result would also be that Chen’s determining step also employs reflectance values such that the determining, is based at least in part on (i) a difference between the first reflectance image of the sample and the second reflectance image of the sample, (ii) the first mass of the sample, and (iii) the second mass of the sample, one or more properties of the sample, wherein the one or more properties of the sample comprise: the change of the thickness of the sample as also collectively taught by Lian and/or Clark because Clark teaches the equivalence of reflectometers and interferometers for measuring substrate thickness as per [0122], [0136], [0299]; because there is a reasonable expectation of success; and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Claim 21 In regards to claim 21, Chen discloses wherein to determine the one or more properties of the sample, the processing device is further configured to determine the change of the thickness of the sample at two or more locations of the sample {Figs. 5-6, [0056]-[0058]. See also claim 1 mapping particularly Figs. 1, 2a, [0025], [0032]-[0036] including interferometer sub-system 102, having CCD detectors 222, 223 obtaining a first (and second per Figs. 5-6) images of a substrate to determine the change in the thickness distribution of the deposited film across the film’s surface}. Clark teaches an imaging reflectometer configured to obtain images of the sample using first and second instances of light before/after processing to obtain data for each the layers being formed; Clark also the equivalence of reflectometers and interferometers for measuring substrate thickness as per [0122], [0136], [0299]. See also Lian mapped above for claim 20 regarding the same features including the equivalence of reflectometers and interferometers for measuring substrate thickness. It 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 to have modified Chen’s imaging using an interferometer to use a reflectometer instead as taught by Clark and/or Lian because Clark and/or Lian teache the equivalence of these two devices tor claimed purpose of measuring thickness, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Chen, Feng, Clark and Lian as applied to claim 20 above, and further in view of Panda (US 2022/0165593 A1). Claim 22 In regards to claim 22, Chen discloses where Clark teaches an imaging reflectometer configured to obtain a first image of the sample using a first instance of light and the equivalence of reflectometers and interferometers for measuring substrate thickness as per [0122], [0136], [0299]. Panda teaches the second instance of light having a spectral distribution different from a spectral distribution of the first instance of light’s distribution {see [0076]-[0080]}. It 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 to have modified Chen which already discloses obtaining a first and second image of a sample using a first and second instance of light, wherein the sample has been subjected to a processing operation associated with a change of a thickness of the sample such that wherein the first instance of light has a first spectral distribution and the second instance of light has a second spectral distribution different from the first spectral distribution as taught by Panda because doing so permits the equivalent spectrometer to determine a reflectometry signal for a moment in time by subtracting the second spectral distribution from the first spectral distribution. It 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 to have modified Chens imaging using an interferometer to use a reflectometer instead as taught by Clark and/or Lian because Clark and/or Lian teach the equivalence of these two devices tor claimed purpose of measuring thickness, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhu (US 2020/0227294 A1) discloses a metrology device and method measuring thickness of a substrate base on reflectometry. See [0043]-[0045]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Cammarata whose telephone number is (571)272-0113. The examiner can normally be reached M-Th 7am-5pm EST. 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, Matthew Bella can be reached at 571-272-7778. 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. /MICHAEL ROBERT CAMMARATA/ Primary Examiner, Art Unit 2667
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Prosecution Timeline

Nov 28, 2022
Application Filed
May 15, 2025
Non-Final Rejection — §103
Aug 07, 2025
Applicant Interview (Telephonic)
Aug 07, 2025
Examiner Interview Summary
Aug 12, 2025
Response Filed
Oct 01, 2025
Final Rejection — §103
Feb 02, 2026
Request for Continued Examination
Feb 10, 2026
Response after Non-Final Action
Mar 01, 2026
Non-Final Rejection — §103 (current)

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Expected OA Rounds
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99%
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2y 4m
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