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 .
DETAILED ACTION
Response to Arguments
1. 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).
2. With respect to applicant’s remarks filed on 10/27/25, regarding rejected claims 1-7, 9-18, 42-43, on pages 13-15, the examiner respectfully disagrees. Applicants argues:
“… the grouping of elements M in the marked-up FIG. 2 of Manassen is neither equivalent to nor suggestive of "a first cell set providing a first overlay measurement along a measurement direction" and the grouping of elements N is neither equivalent to nor suggestive of "a second cell set providing a second overlay measurement along the measurement direction," particularly when combined with the limitation that "the first cell set is different than the second cell set and a layout of features in the first cell set is different than a layout of features in the second cell set."
In particular, the group of elements M in the marked-up FIG. 2 of Manassen is itself insufficient for "providing a first overlay measurement along a measurement direction." Rather, the group of elements M are all on the same layer of the sample of Manassen and are thus insufficient for an overlay determination. Similarly, the group of elements N in the marked-up FIG. 2 of Manassen is itself insufficient for "providing a second overlay measurement along the measurement direction" for the same reason that the group of elements N are also on the same layer of the sample of Manassen”.
First: Manassen ‘279 disclosed “cell 204b and cell 204d may be configured to provide overlay measurements along the X direction as illustrated in FIG. 2. For instance, an overlay measurement along the X direction may be made by directly comparing relative positions of the first-layer printed elements 206 and the second-layer printed elements 210 within each cell or between cell 204b and cell 204d.” (Manassen ‘279, [0077], lines 1-7). Obviously, Manassen ‘279 has taught cell 204b and cell 204d, (which contain cell sets N, M. Please see the following figure 2) providing a first overlay measurement (the first-layer printed elements 206 of first layer 208, and the second-layer printed elements 210 of second layer 212, in figure 3) along the X direction (Please see the following figure 2 for X direction).
Second: According to the following figure 2 of Manassen ‘279, the first cell sets N and the second cell sets M have different colors. Therefore, the first cell sets N and the second cell sets M are different and a layout of features in the first cell sets N and a layout of features in the second cell sets M are different. Further, it is inherent that the first cell sets N provide the first overlay measurement, and the second cell sets M provide the second overlay measurement.
Note: the claims do not require that the first overlay measurement and the second overlay measurement are different.
Third: The limitation “the group of elements M, N are all on the same layer of the sample of Manassen and are thus insufficient for an overlay determination” must be disclosed in the claims/specification in order to be considered. In the other words, the claims do not require that the group of elements M, N are all NOT on the same layer of the sample.
Note: Manassen ‘279 also taught the first printed element, the second printed element, the first layer, and the second layer, these layers are NOT on the same layer of the sample (figure 3, elements 206, 210, 208, 212).
3. Grounds for the rejection of claims are provided below as necessitated by amendment.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 07/09/25 was filed after the mailing date of the 06/27/25 on Non-Final Office Action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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Claim Rejections - 35 USC § 102
5. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
6. Claim(s) 1-7, 9-18, 42-43 is/are rejected under 35 U.S.C. 102 as being unpatentable over Manassen et al. et al. (Pub. No. 2021/0364279). Hereafter “Manassen ‘279”.
Regarding Claim(s) 1, 42, Manassen ‘279 teaches a mosaic overlay target (figure 2 is not different from a mosaic overlay target) comprising:
two or more cell sets distributed across a sample (the above figure 2, elements A-B, D-I, are not different from two or more cell sets distributed across sample 202), wherein each cell set includes one or more cells having at least one of mirror symmetry with respect to a central axis of the mosaic overlay target or rotational symmetry with respect to a central point of the mosaic overlay target (the above figure 2, element A is not different from a cell. Each cell A is oriented to have at least one of rotational symmetry with respect to the central point C of the mosaic overlay target 202. Note: in OR conditional sentence, if one condition is correct, the whole sentence is correct),
Wherein the two or more cell sets are configured to provide two or more different overlay measurements based on one or more images of the mosaic overlay target ([0005], lines 36-39; [0006], lines 29-33, to determine overlay measurements for plurality of overlay targets on the sample is not different from to provide two or more overlay measurements for two or more cell sets; [0077] and the above figure 2, cells 204b, 204d, A-B, D-I, are configured to provide overlay measurements; [0098], lines 7-8, providing multiple measurements of overlay targets on sample 104 is not different from to provide two or more overlay measurements to two or more cell sets),
wherein the two or more cell sets comprise:
a first cell set providing a first overlay measurement along a measurement direction (the above figure 2 of Manassen’s reference discloses first cell set N, X measurement direction. Please see explanation in paragraph 2 above); and
a second cell set providing a second overlay measurement along the measurement direction (the above figure 2 of Manassen’s reference, the second cell set M, X measurement direction. Please see explanation in paragraph 2 above),
wherein the first cell set is different than the second cell set and a layout of features in the first cell set is different than a layout of features in the second cell set (the above figure 2 of Manassen’s reference, first cell set N is different than the second cell set M, and a layout of features in the first cell set N and a layout of features in the second cell set M are different color, therefore, they have different layout of features. Please see the explanation in paragraph 2 above).
Regarding Claim(s) 2, Manassen ‘279 teaches two or more overlay measurements are associated with two or more patterning processes along a particular measurement direction ([0004], lines 8-9; [0005], lines 8-9, 36-39; [0006], lines 29-33; [0077], X direction or Y direction).
Regarding Claim(s) 3, Manassen ‘279 teaches the two or more overlay measurements comprise: overlay measurements along two or more directions (figure 2, two directions X and Y).
Regarding Claim(s) 4, Manassen ‘279 teaches the two or more measurements comprise: overlay measurements generated using two or more different overlay metrology techniques (Paragraphs [0027]).
Regarding Claim(s) 5, Manassen ‘279 teaches at least one of the two or more different overlay metrology techniques comprises: a scatterometry overlay metrology technique ([0023, 0036, 0078, 0105]).
Regarding Claim(s) 6, Manassen ‘279 teaches at least one of the two or more different overlay metrology techniques comprises: an imaging overlay metrology technique ([0024, 0036, 0076, 0106]).
Regarding Claim(s) 7, Manassen ‘279 teaches at least one of the two or more cell sets comprises: one or more cell pairs, each cell pair including two cells, wherein the two cells are oriented to have the at least one of mirror symmetry with respect to the central axis of the mosaic overlay target or rotational symmetry with respect to the central point of the mosaic overlay target (above figure 2, two cells A and B are oriented to have the at least one of mirror symmetry with respect to the central axis respect to the central point C).
Regarding Claim(s) 9, Manassen ‘279 teaches each of the one or more cells in at least one of the two or more cell sets is 180-degree rotationally symmetric (the above figure 2, elements A-B, are 180-degree rotationally symmetric. Please see the explanation in above paragraphs 2).
Regarding Claim(s) 10, Manassen ‘279 teaches the one or more cells in at least one of the two or more cell sets include periodic features (above figure 2, elements A-B, D-I include periodic features).
Regarding Claim(s) 11, Manassen ‘279 teaches the periodic features are periodic along a single direction corresponding to a measurement direction (above figure 2, elements A-B, D-I, are periodic along a single direction).
Regarding Claim(s) 12, Manassen ‘279 teaches the periodic features are periodic along two directions corresponding to two measurement directions (above figure 2, elements A, G are corresponding to two measurement directions).
Regarding Claim(s) 13, Manassen ‘279 teaches the one or more cells in at least one of the two or more cell sets include overlapping features on two or more layers of the sample (figure 3, first layer 208, second layer 212).
Regarding Claim(s) 14, Manassen ‘279 teaches the overlapping features comprise periodic features (above figure 2, elements A, B, D, E; Figure 3 elements 206, 210).
Regarding Claim(s) 15, Manassen ‘279 teaches the periodic features on the two or more layers have a common periodicity (above figure 2, elements A, B, D, E; Figure 3 elements 206, 210).
Regarding Claim(s) 16, 17, 18, Manassen ‘279 teaches the periodic features on the two or more layers have different pitches along a particular direction or a particular measurement direction or different measurement directions (above figure 2, elements A, B, D, E have different pitches for each element A, B, D, E. Notes: different pitches e.g., duty cycles of a line/space pattern, fine segmentation, or any other differences).
Regarding Claim(s) 43, Manassen ‘279 teaches designing the two or more cell sets of the mosaic overlay target comprise designing layouts of features in the two or more cell sets (above figure 2, elements 204a-d, A, B, D, E).
Allowable Subject Matter
7. Claims 19-41 have been withdrawn.
8. Claim 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
9. The allowable Subject matter was indicated in office Action mailed on 06/05/24.
Conclusion
10. 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 extension fee 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 date of this final action.
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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November 6, 2025
/Tri T Ton/
Primary Examiner Art Unit 2877
Prosecution Insights