DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/3/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 and 13-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 3, 4, 5, 6, 7, 8, 11, 13, 14, 15, 16, 17, 18, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al. U.S. PGPUB No. 2022/0207698 in view of Bloess U.S. PGPUB No. 2005/0139768.
Regarding claim 1, Zhong discloses a method for analyzing multiple features in a sample (“one or more features within the ROI” [0037]), comprising: acquiring a first image (“At 208… SEM image including the most recently formed two fiducials is optionally acquired” [0031]) of a first surface of the sample (“series of SEM images of sample surfaces” [0016]) including cross-sections of the multiple features (“series of SEM images of sample surfaces (or cross-sections) at various sample depths may be acquired… features extending a long distance in the depth direction of the sample, such as channels in a 3D-NAND sample” [0016]), wherein the first surface is normal to a direction of a sample depth (as illustrated in figures 4A and 4B); milling the sample to remove at least a part of the first surface and expose a second surface (“At 210, the sample is milled to remove a layer, and expose a sample surface including the ROI” [0033]), wherein the second surface includes cross-sections of the multiple features at multiple sample depths relative to the first surface (“series of SEM images of sample surfaces (or cross-sections) at various sample depths may be acquired… features extending a long distance in the depth direction of the sample, such as channels in a 3D-NAND sample” [0016]); acquiring a second image of the second surface (repeating the step 208 in figure 2 after each milling step 210 exposes a new surface); and constructing a 3D model of the multiple features (“Three-dimensional volume of the sample may be reconstructed” [0016]) by comparing the cross-sections of multiple features on the second surface in the second image with corresponding cross-sections of the multiple features on the first surface in the first image (“In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment” [0016]). Zhong discloses the claimed invention except that there is no explicit disclosure that the cross-sections of the multiple features are at multiple sample depths relative to the first surface.
Bloess discloses a method for analyzing multiple features 10 and 12 (as illustrated in figure 4) in a sample, comprising: acquiring a first image of a first surface of the sample (“Each of the cut areas 22' is imaged by electron microscopy in order to obtain images, as illustrated on the left of FIG. 4, which are subsequently measured in order, by way of example, to obtain the width of the depth structure 12 in the different depths” [0033]) including cross-sections of the multiple features 10 and 12 (as illustrated in figure 4); milling the sample to remove at least a part of the first surface and expose a second surface (“a plurality of layers are removed successively by means of the focused ion beam 18'” [0033]), wherein the second surface includes cross-sections 22’ and 60 of the multiple features 10 and 12 (as illustrated in figure 4), the cross-sections of the multiple features 10 and 12 are at multiple sample depths relative to the first surface (as illustrated in figure 4); acquiring a second image of the second surface (“Each of the cut areas 22' is imaged by electron microscopy in order to obtain images, as illustrated on the left of FIG. 4, which are subsequently measured in order, by way of example, to obtain the width of the depth structure 12 in the different depths” [0033]); and constructing a 3D model of the multiple features 10 and 12 by comparing the cross-sections 22’ and 60 of multiple features 10 and 12 on the second surface in the second image with corresponding cross-sections 22’ and 60 of the same multiple features 10 and 12 on the first surface in the first image (“Each of the cut areas 22' is imaged by electron microscopy in order to obtain images, as illustrated on the left of FIG. 4, which are subsequently measured in order, by way of example, to obtain the width of the depth structure 12 in the different depths” [0033] – “a three-dimensional tomogram of the depth structure is synthesized” [0035]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhong with the angular milling of Bloess (exposing features at multiple sample depths relative to a first surface), in order to provide additional information about the sample features by imaging a respective feature across a number of depths, thereby informing a user as to the depth of continuation of a defect through a feature.
Regarding claim 2, Zhong discloses displaying the constructed 3D model (“The signals from the detectors 19 and 21 pass along control lines (buses) 25, are processed by the controller 26, and displayed on display unit 27” [0023]).
Regarding claim 3, Zhong discloses that comparing the cross-sections of multiple features on the second surface in the second image with corresponding cross-sections of the multiple features on the first surface in the first image includes comparing a cross-section of a particular feature imaged in the second image with a cross-section of the feature imaged in the first image (“In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment” [0016]).
Regarding claim 4, Zhong discloses that comparing the cross-sections of multiple features on the second surface in the second image with corresponding cross-sections of the multiple features on the first surface in the first image includes comparing one or more of a position of the cross- sections of multiple features on the second surface with corresponding cross-sections of the multiple features on the first surface (“In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment” [0016]).
Regarding claim 5, Zhong discloses that comparing the cross-sections of multiple features on the second surface in the second image with corresponding cross-sections of the multiple features on the first surface in the first image includes identifying the cross-sections of the features in the first and second images (“In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment” [0016]).
Regarding claim 6, Zhong discloses that comparing the cross-sections of multiple features on the second surface in the second image with corresponding cross-sections of the multiple features on the first surface in the first image further includes mapping the identified cross-sections to corresponding features (“In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment” [0016]).
Regarding claim 7, Zhong discloses locating a fiducial on the first surface, and the identified cross-sections are mapped to corresponding features utilizing the fiducial (“In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment” [0016]).
Regarding claim 8, Zhong discloses locating a fiducial on the first surface, and determining the sample depth of the cross-sections of the multiple features on the second surface based on distances of the cross-sections of the multiple features on the second surface from the fiducial in the second image (“In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment” [0016]).
Regarding claim 11, Zhong discloses that each feature of the multiple features extends in a direction along the sample depth (“features extending a long distance in the depth direction of the sample, such as channels in a 3D-NAND sample” [0016]).
Regarding claim 13, Zhong discloses that the sample is milled with a charged particle beam at an acute angle relative to the first surface (“FIG. 7A shows the sample surface 703 is tilted to an angle 704 relative to the XY system plane 705 of the dual beam system. The sample surface 703 is irradiated with FIB 33 generated from ion source 39. The incident angle of the FIB is less than 90 degrees” [0042]).
Regarding claim 14, Zhong discloses a charged particle system for analyzing multiple features in a sample 6, comprising: a first source 10 for generating a first charged particle beam 3 towards the sample 6; a second source 39 for generating a second charged particle beam 33 towards the sample 6; a detector 19 or 21 for collecting particles emitted from the sample responsive to irradiating the sample with the first charged particle beam 3 (“The detectors 19, 21 are chosen from a variety of possible detector types that can be used to examine different types of “stimulated” radiation emanating from the sample 6 in response to irradiation by the (impinging) beam 3” [0022]); a controller 26 including a processor and a non-transitory memory for storing computer readable instructions (“The controller includes a processor and a non-transitory memory for storing computer readable instructions” [0023]), by executing the computer readable instructions in the processor, the charged particle system is configured to: direct, via the first source, the first charged particle beam towards the sample (“This illuminator 2 comprises lenses 11, 13 to focus the electron beam 3 onto the sample 6” [0021]); acquire, via the detector, a first image (“At 208… SEM image including the most recently formed two fiducials is optionally acquired” [0031]) of a first surface of the sample (“series of SEM images of sample surfaces” [0016]) including first cross-sections of the multiple features (“series of SEM images of sample surfaces (or cross-sections) at various sample depths may be acquired… features extending a long distance in the depth direction of the sample, such as channels in a 3D-NAND sample” [0016]); mill, via the second source, the sample to remove at least a part of the first surface and expose a second surface (“At 210, the sample is milled to remove a layer, and expose a sample surface including the ROI” [0033]), wherein the second surface includes second cross-sections of the multiple features, the second cross-sections are at different sample depths relative to the first surface (“By repetitively milling and imaging the sample in a sample depth direction, series of SEM images of sample surfaces (or cross-sections) at various sample depths may be acquired” [0016]); direct, via the first source, the first charged particle beam towards the sample; acquire, via the detector, a second image of the second surface; and construct a 3D model of the multiple features by comparing the second cross-sections of the multiple features in the second image with the corresponding first cross-sections of the multiple features in the first image (“Three-dimensional volume of the sample may be reconstructed based on the SEM images. In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment. In another example, the e-beam location may be calibrated based on the surface fiducial before acquiring the SEM image.” [0016]). Zhong discloses the claimed invention except that there is no explicit disclosure that the cross-sections of the multiple features are at multiple sample depths relative to the first surface.
Bloess discloses a method for analyzing multiple features 10 and 12 (as illustrated in figure 4) in a sample, comprising: acquiring a first image of a first surface of the sample (“Each of the cut areas 22' is imaged by electron microscopy in order to obtain images, as illustrated on the left of FIG. 4, which are subsequently measured in order, by way of example, to obtain the width of the depth structure 12 in the different depths” [0033]) including cross-sections of the multiple features 10 and 12 (as illustrated in figure 4); milling the sample to remove at least a part of the first surface and expose a second surface (“a plurality of layers are removed successively by means of the focused ion beam 18'” [0033]), wherein the second surface includes cross-sections 22’ and 60 of the multiple features 10 and 12 (as illustrated in figure 4), the cross-sections of the multiple features 10 and 12 are at multiple sample depths relative to the first surface (as illustrated in figure 4); acquiring a second image of the second surface (“Each of the cut areas 22' is imaged by electron microscopy in order to obtain images, as illustrated on the left of FIG. 4, which are subsequently measured in order, by way of example, to obtain the width of the depth structure 12 in the different depths” [0033]); and constructing a 3D model of the multiple features 10 and 12 by comparing the cross-sections 22’ and 60 of multiple features 10 and 12 on the second surface in the second image with corresponding cross-sections 22’ and 60 of the same multiple features 10 and 12 on the first surface in the first image (“Each of the cut areas 22' is imaged by electron microscopy in order to obtain images, as illustrated on the left of FIG. 4, which are subsequently measured in order, by way of example, to obtain the width of the depth structure 12 in the different depths” [0033] – “a three-dimensional tomogram of the depth structure is synthesized” [0035]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhong with the angular milling of Bloess (exposing features at multiple sample depths relative to a first surface), in order to provide additional information about the sample features by imaging a respective feature across a number of depths, thereby informing a user as to the depth of continuation of a defect through a feature.
Regarding claim 15, Zhong discloses that the first source generates an electron beam, and the second source generates an ion beam (“The charged particle microscopy system may be a dual beam system including a focused ion beam (FIB) for milling the sample and an electron beam (or e-beam) for acquiring high resolution sample image” [0016]).
Regarding claim 16, Zhong discloses that the first and second images are scanning electron microscopy images (“By repetitively milling and imaging the sample in a sample depth direction, series of SEM images of sample surfaces (or cross-sections) at various sample depths may be acquired” [0016]).
Regarding claim 17, Zhong discloses a display unit, and the system is further configured to display an image of the constructed 3D model on the display unit (“The signals from the detectors 19 and 21 pass along control lines (buses) 25, are processed by the controller 26, and displayed on display unit 27” [0023]).
Regarding claim 18, Zhong discloses that the first and/or second sample images are stitched together from multiple images acquired from the first surface and/or second surface, respectively (“By repetitively milling and imaging the sample in a sample depth direction, series of SEM images of sample surfaces (or cross-sections) at various sample depths may be acquired. Three-dimensional volume of the sample may be reconstructed based on the SEM images” [0016]).
Regarding claim 19, Zhong discloses that the 3D model includes position shift of the multiple features at the multiple sample depths (“In order to align the SEM images in planes perpendicular to the sample depth direction, a reference mark, or a fiducial, may be located or formed on the sample's top surface. In one example, each SEM image of sample surface may include the surface fiducial for alignment” [0016]).
Regarding claim 20, Zhong discloses that the first and second sample images are acquired by directing the first charged particle beam along the same direction towards the sample (“SEM image is acquired with the e-beam 3 orientated orthogonally towards the exposed sample surface 707” [0042]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al. U.S. PGPUB No. 2022/0207698 in view of Bloess U.S. PGPUB No. 2005/0139768 in further view of Walck U.S. Patent No. 8,288,737.
Regarding claim 9, Zhong discloses the claimed invention except that while Zhong discloses “material of the sample is milled or removed using the FIB to expose a sample surface or a sample cross-section” [0016], there is no explicit disclosure of a plasma focused ion beam, and so Zhong does not disclose milling the sample with plasma focused ion beam (PFIB) to expose the first surface before acquiring the first image of the first surface.
Walck discloses “Ion milling for short times by using an Ar ion beam at a low angle is used to remove this type of damage and provides samples that are representative of the original sample when viewed in the TEM” [col. 1; lines 54-56] wherein the ion beam is generated by a plasma (“The basis of this application is to configure a TEM sample to be plasma-trimmed in a geometry and orientation within the plasma to modify the trajectory of ions from the plasma to sample in order to enhance the sputter removal rate at low angles in order to remove the damaged region from the sample” [col. 5; lines 199-22]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhong with the ion source of Walck in order to utilize a commercially available ion source for embodying the generic ion source required by Zhong in order to mill a sample surface for electron microscopy.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al. U.S. PGPUB No. 2022/0207698 in view of Bloess U.S. PGPUB No. 2005/0139768 in further view of Blackwood et al. U.S. PGPUB No. 2014/0217283.
Regarding claim 10, Zhong discloses the claimed invention except that while Zhong discloses that “By repetitively milling and imaging the sample in a sample depth direction, series of SEM images of sample surfaces (or cross-sections) at various sample depths may be acquired” [0016], there is no explicit disclosure of milling the sample with an ion beam directed along an axis parallel to the first surface to expose the first surface before acquiring the first image of the first surface.
Blackwood discloses a method of milling a sample specimen in preparation for a further step of electron microscopy analysis (“An improved method of preparing ultra-thin TEM samples that combines backside thinning” [Abstract]), wherein “In the system shown in FIG. 6, the TEM sample holder 24 has been tilted from 0 degrees (vertical) to roughly 90 degrees (horizontal). In step 216, the FIB is then used to mill away the substrate backside surface at the angle indicated by cut line 28” [0040].
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhong with the milling angle of Blackwood in order to select an ion beam milling angle which enables a user to view a surface below a top surface, wherein the surface to be investigated can be selected by an optimized milling angle, thereby improving user control to select which surface is inspected.
Conclusion
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/JASON L MCCORMACK/Examiner, Art Unit 2881