Prosecution Insights
Last updated: August 18, 2026
Application No. 18/127,020

STAGE APPARATUS, CHARGED PARTICLE BEAM APPARATUS, AND OPTICAL INSPECTION APPARATUS

Final Rejection §103§112
Filed
Mar 28, 2023
Priority
Apr 20, 2022 — JP 2022-069576
Examiner
SHAMSUZZAMAN, MOHAMMED
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hitachi Ltd.
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
741 granted / 915 resolved
+13.0% vs TC avg
Strong +55% interview lift
Without
With
+55.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
39 currently pending
Career history
938
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
51.5%
+11.5% vs TC avg
§102
6.7%
-33.3% vs TC avg
§112
32.0%
-8.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 915 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 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. Claims 1, 3-9, 14-15 are rejected under 35 U.S.C. 112(b), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claims 1, 14, 15 defines “a second table that is movable in a state of floating above the first table and..wherein the first portion is an uppermost surface of the second table and wherein the second portion is a lowermost surface of the second table” is indefinite as it is not clear which one is the second table and the first portion is the uppermost surface of the second table in Fig. 6. Fig. 6 and para [0066] describes the first portion of the X table 102 is an upper surface of the top table 101, If X table is considered the second table than as shown in Fig. 6, according to the claim language the uppermost surface of table 102 is not the first portion rather another table which is top table 101 has the first portion. The para describes two separate tables top table 101 and X table 102. Appropriate correction is required. Claims 1, 14 defines “a measurement value of the first position measuring device measuring the first portion of the second table and a measurement value of the second position measuring device measuring the second portion of the second table” is indefinite. the first position measuring device and the second position measuring device do not measure the first portion and the second portion rather measure the position of the first portion and the position of the second portion. Appropriate correction is required. Claims 3-9 are also rejected being dependent on rejected claim 1. 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 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 3-9, 14-15 are rejected under 35 U.S.C. 103 as being obvious over Applicant Admitted Prior Art (AAPA) in view of Takahashi et al (US 2021/0027978 A1) and further in view of Kato et al (US P2019/0252151 A1) Regarding claims 1, 14: AAPA teaches in Figs 2, 3 A stage apparatus comprising: PNG media_image1.png 470 799 media_image1.png Greyscale PNG media_image2.png 374 630 media_image2.png Greyscale a base 106; a first table 104 that is movable on the base; a second table 102 that is movable in a state of floating above the first table wherein the second table includes a first portion (upper surface of the 101) and a second portion (bottom surface of 102) wherein the first portion is an uppermost surface of the second table, and wherein the second portion is a lowermost surface of the second table; a first position measuring configured to measure a position of the first portion of the second table ([0006] teaches about laser interferometer); a second position measuring device 300 configured to measure a position of the second portion of the second table [0006]; a motor configured to drive the second table [0004], [0007], [0047] - [0050]; and a computer configured to control the motor, wherein the computer drives the second table based on information on the position of the first portion measured by the first position measuring device and information on the position of the second portion measured by the second position measuring device ([0006], [0056], [0058] teaches by performing feedback control using the position detected by these methods, the position of the floating stage can be controlled with high accuracy), wherein the computer determines a frequency of rotational vibration of the first table based on a measurement value of the first position measuring device measuring the first portion of the second table and a measurement value of the second position measuring device measuring the second portion of the second table (AAPA teaches in Fig. 5A about the vibrational frequency of the one table 102 and Fig. 5B shows , and about the vibrational frequency of the both tables 102, 104) wherein the computer drives the second table by using the frequency of rotational vibration. AAPA does not explicitly show about a first position measuring device that measures a position of the first portion of the second table and a second position measuring device configured to measure a position of the second portion of the second table at the same time, a computer that controls the motor, wherein the computer drives the second table based on information on the position of the first portion measured by the first position measuring device and information on the position of the second portion measured by the second position measuring device. Takahashi teaches in Fig. 10-12 about a first position measuring device 204 that measures a position of the first portion of the second table, a computer 50/205 that controls the motor [0032], wherein the computer drives the second table based on information on the position of the first portion measured by the first position measuring device and information on the position of the second portion measured by the second position measuring device ([0074] – [0075], [0080]). Thus, it would have been obvious to one of ordinary skill in the art at the time the application was filed to use a computer/controller to drive motors and the second table according to the teachings of Takahashi in AAPA’s device to increase the speed and the acceleration of positioning and to suppress the leakage of a magnetic field (Takahashi, [0011]) and the optimum drive characteristics can be constantly obtained by automatically adjusting the control system using learning control (Takahashi, [0076]). AAPA in view of Takahashi still does not explicitly talk about wherein the computer derives a frequency of rotational vibration of the first table based on a measurement value of the first position measuring device and a measurement value of the second position measuring device, and drives the second table by using the frequency. Kato teaches in Fig. 1 and in [0030] about a first position measuring device (10, 11) that measures a position of the first portion of the second table and a second position measuring device ([0030] teaches in addition to the laser interferometer 10 described above, other position detection units, such as a linear scale, may be used to detect the position of the XY stage) configured to measure a position of the second portion of the second table at the same time and wherein the computer (controller) drives the second table based on information on the position of the first portion measured by the first position measuring device and information on the position of the second portion measured by the second position measuring device. Kato further teaches in an analogous art on Fig.1, 3-4, 9, 11 about the computer derives a frequency of rotational vibration of the first table based on a measurement value of the first position measuring device and a measurement value of the second position measuring device, and drives the second table by using the frequency (Fig. 9 teaches fourier transformation is used for analyze frequency after measurements). Thus, it would have been obvious to one of ordinary skill in the art at the time the application was filed to have the feature as claimed according to the teachings of Kato to use frequency analysis of the measurements in AAPA in view of Takahashi’s modified apparatus and thereby calibration and maintenance can be performed within a short period of time (Kato, [0079]). Applicant’s arguments on page 17 about “To the contrary, the Office has not shown that Kato contemplates using more than one measurement device, let alone a first measurement device that measures a first portion and a second measurement device that measures a second portion of a rotational table, and let alone that a rotational frequency of the first table is determined based on these two measurements”, Kato teaches in [0030] teaches in addition to the laser interferometer 10 described above, other position detection units, such as a linear scale, may be used to detect the position of the XY stage. Kato also teaches in Fig. 9 in S907 about specify Vibration frequency. Regarding claim 3: AAPA in view of Takahashi teaches wherein the computer obtains at least one of a translation distance ([0005] and a rotation angle [0006] of the second table based on a measurement value of the first position measuring device and a measurement value of the second position measuring device. Regarding claim 4: Kato teaches in [0064] wherein the computer performs filter processing of removing a component of the frequency from the measurement value of the second position measuring device, and drives the second table by using the measurement value of the second position measuring device subjected to the filter processing. Regarding claim 5: Kato teaches in step S908 and [0067] wherein the computer calculates a drive signal for offsetting a component of the frequency with respect to the motor, and applies the drive signal to the motor to drive the second table. Regarding claim 6: AAPA teaches in Fig. 2 wherein the first portion of the second table is a portion above a rotation center (As marked above) while the second table is floating, and the second portion of the second table is a portion below the rotation center. Regarding claim 7: AAPA in view of Takahashi does not teach wherein the computer derives a frequency of rotational vibration of the first table based on a measurement value of the first position measuring device and a measurement value of the second position measuring device, and drives the second table by using the frequency. Kato teaches in an analogous art on Fig.1, 4, 9, 11 about the computer derives a frequency of rotational vibration of the first table based on a measurement value of the first position measuring device and a measurement value of the second position measuring device, and drives the second table by using the frequency (Fig. 9 teaches fourier transformation is used for analyze frequency after measurements). Thus, it would have been obvious to one of ordinary skill in the art at the time the application was filed to have the feature as claimed according to the teachings of Kato to use frequency analysis of the measurements in AAPA in view of Takahashi’s modified apparatus and thereby calibration and maintenance can be performed within a short period of time (Kato, [0079]). Regarding claim 8: AAPA in view of Takahashi teaches wherein the first position measuring device is a laser interferometer including a mirror 14 (Takahashi, [0080]) installed on an upper portion of the second table, and the second position measuring device is an optical sensor (AAPA, [0006]) that measures a relative position of the second table with respect to the first table. Regarding claim 9: Kato teaches in Fig. 9, [0057] – [[0061] wherein a frequency of rotational vibration of the first table is known in advance, and the computer stores a map 401 in which the frequency is recorded for each coordinate on the first table. Regarding claim 15: As explained in claim 1 and 9, AAPA in view of Takahashi and Kato teaches all the limitations. Applicant’s arguments on page 22 are not found persuasive as Kato teaches in Fig. 9 and [0057] – [0061] about a reference image at steady state which would have a map like Fig. 4 including co-ordinates and frequency f information of the first table and second table (X, Y) co-ordinates). Response to Arguments Applicant's arguments filed on 06/02/2026 have been fully considered but they are not persuasive. Applicant’s arguments on page 17 about “To the contrary, the Office has not shown that Kato contemplates using more than one measurement device, let alone a first measurement device that measures a first portion and a second measurement device that measures a second portion of a rotational table, and let alone that a rotational frequency of the first table is determined based on these two measurements”, Kato teaches in [0030] teaches in addition to the laser interferometer 10 described above, other position detection units, such as a linear scale, may be used to detect the position of the XY stage. Kato also teaches in Fig. 9 in S907 about specify Vibration frequency. Applicant’s arguments on page 22 are not found persuasive as Kato teaches in Fig. 9 and [0057] – [0061] about a reference image at steady state which would have a map like Fig. 4 including co-ordinates and frequency f information of the first table and second table (X, Y) co-ordinates). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAMSUZZAMAN whose telephone number is (571)270-1839. The examiner can normally be reached Monday-Friday 7 am -4 pm 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, Fernando Toledo can be reached at 571-272-1867. 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. /Mohammed Shamsuzzaman/ Primary Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Mar 28, 2023
Application Filed
Feb 10, 2026
Non-Final Rejection mailed — §103, §112
Jun 02, 2026
Response Filed
Jul 06, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+55.2%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 915 resolved cases by this examiner. Grant probability derived from career allowance rate.

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