Prosecution Insights
Last updated: April 19, 2026
Application No. 18/136,772

Combined Spectroscopic Reflectometry And Pattern Recognition Based Measurements Of Semiconductor Structures

Non-Final OA §103
Filed
Apr 19, 2023
Examiner
UNDERWOOD, JARREAS C
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kla Corporation
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
379 granted / 481 resolved
+10.8% vs TC avg
Strong +24% interview lift
Without
With
+23.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
28 currently pending
Career history
509
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
10.8%
-29.2% vs TC avg
§112
25.2%
-14.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 481 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 . Response to Arguments Applicant’s arguments, see pages 10-16, filed 3/2/2026, with respect to the rejections of claims 1, 17 and 20 under 103 have been fully considered and are persuasive as the existing rejection does not teach the amended limitations. Therefore, the rejections are withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Arieli (US 20190183333), Depfenhart (US 20170348543). I.A. Applicant argues on pages 10-16 that none of Fu, Lai & Wang teach or suggest the amended limitation of the detector and specimen surfaces being field conjugates. Examiner’s position is that a new ground(s) of rejection is made using new art Arieli (US 20190183333). The change from the spectral based pupil measurement technique of Fu to employing the device to enable the field conjugates as claimed & as taught by Arieli is merely a matter of modifying the optics, and such a change would not alter the fundamental principles of Fu (that it, using a spectrometer as shown in Figure 5). As such, the use of Fu as modified by Arieli to read on the claims is deemed appropriate. I.A. Applicant argues on pages 10-16 that the pattern recognition of Fu does not generate a signal indicative of the collected light. Examiner’s position is that the pattern recognition subsystem of Fu is used to provide signals to an auto focus subsystem, which operates “based on the received signals” (paragraph 0144). In order to be used as a basis for focus changes the signals obviously reflect the collected light, e.g. proportionately or a binary ‘on/off’, in order to tell the auto focus subsystem how to change to maintain a desired focus. I.A. Applicant argues on pages 10-16 that the computing system of Fu, Lai & Wang does not generate a parameter of interest based on both the SR and PR signals. Examiner’s position is that paragraph 0145 indicates the PR signals are sent to the computing system (“Based on the received signals, pattern recognition subsystem 142 generates pattern recognition signals 139 (e.g., images) which are communicated to computing system 130.”) and that the PR signals are used for example to navigate (“In one example, computing system 130 causes the position of specimen 112 based on the pattern recognition signals 139. In this manner, the pattern recognition signals 139 are used to navigate over the surface of specimen 112.”). As MPEP 2111 teaches “During patent examination, the pending claims must be given their broadest reasonable interpretation consistent with the specification.”, examiner’s position is that navigation and knowing the position on the surface of where you’re taking SR data is an obvious part of producing an accurate result (Figure 5, output 140), similarly so is using the PR data to modify the auto focus subsystem (paragraph 0145 “Light collected by objective 111 in response to pattern recognition probe beam 147 is returned to auto focus subsystem 142”) as being in focus is a necessary part of making accurate measurements. As such, the PR data 139 is obviously used for more than just positioning the probe, and is deemed to read on the claimed “based on” limitation. Additionally, while the examiner gives examples within the rejection to help clarify the position of the office, the attorney should always consider the reference as a whole. In this case, the computing system 130 is referenced several times as being given various inputs with which to compute a parameter of interest, for example paragraph 0053 “In some embodiments, intensity monitor 110 is communicatively coupled to computing system 130 and provides an indication of the overall illumination intensity, the illumination intensity profile, or both, to computing system 130.”, paragraph 0135 “In one embodiment, computing system 130 determines an estimate of a CD parameter based on spectroscopic BPR signals 135 and determines an estimate of a film stack parameter (e.g., film thickness) based on field signals 137 in an iterative regression analysis.”, and Fu Figure 4, element 127 is a field detector that produces signals useable for pattern recognition (paragraph 0131 “the resulting wafer field images can be used for measurement purposes, pattern recognition, image based focusing, or any combination thereof.”) and these signals are used in the calculation of the parameter of interest (paragraph 0132 “the combined data from pupil detector 118 and field detector 127 is employed to estimate values of parameters of interest”). As such, it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date that the PR signals are be used not just for navigation, but also incorporated by the computing system and used to produce a parameter value. Therefore, the use of Fu is considered proper and the rejection is being maintained. I.B. Applicant argues on pages 16-19 that Fu does not teach a second parameter of a structure located at a non-zero depth from the surface. Examiner’s position is that a new ground(s) of rejection is made using new art Depfenhart (US 20170348543), who uses a pattern recognition to determine depth under the surface of skin as part of the autofocus function (paragraph 0083, “The autofocus function sharpens a focus for the second light in the area of the end arterioles, wherein a sharpening is coupled to a respective depth or z-coordinate, which is determined by the second pattern recognition.”). As paragraphs 0013-0021 discuss wavelengths that penetrate the skin (similar to applicant’s paragraph 0016), the combination is deemed appropriate. I.B. Applicant argues on pages 16-19 that Fu does not estimate a parameter of interest based on both the SR and PR signals. Examiner’s position is the same as above in I.A. I.C. Applicant argues on pages 19-20 that none of Fu, Lai & Wang teach or suggest the amended limitation of the detector and specimen surfaces being field conjugates. Examiner’s position is the same as above in I.A. I.D. Applicant argues on page 20 that claims 18-19 are allowable because parent claim 17 is allowable. Examiner’s position is that as claim 17 is not deemed allowable, neither are the dependent claims. I.E. Applicant argues on page 20-21 that claim 20 is allowable for the same reasons as claim 1. Examiner’s position is that claim 20 is not deemed allowable, for the same reasons as indicated above for claim 1. II. Applicant argues on pages 21-22 that claim 5 is allowable because parent claim 1 is allowable. Examiner’s position is that as claim 1 is not deemed allowable, neither are the dependent claims. III. Applicant argues on pages 2-23 that claim 16 is allowable because parent claim 1 is allowable. Examiner’s position is that as claim 1 is not deemed allowable, neither are the dependent claims. 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. Claims 1-4, 6, 8-15, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fu et al (United States Patent Application Publication 20180347961) in view of Lai et al (United States Patent Application Publication 20140092295) in view of Wang et al (United States Patent Application Publication 20200240907) in view of Arieli (United States Patent Application Publication 20190183333), the combination of which is hereafter referred to as “FLWA”. As to claim 1, Fu teaches a metrology system (Abstract “A spectroscopic beam profile metrology system”) comprising: at least one illumination source (Figure 5, elements 101 and 142, collectively) generating a first amount of broadband illumination light (paragraph 0046 “illumination source 101 that generates an amount of illumination light 119 having multiple wavelengths”) and a second amount of illumination light (paragraph 0145 “pattern recognition subsystem 142 generates a pattern recognition probe beam 147”); an optical objective (Figure 5, paragraph 0045 “a high numerical aperture (NA) objective lens 111”) directing the first amount of broadband illumination light to a first measurement spot on a surface of a specimen under measurement (Figure 5, light source 101 creates light 119 going to element 109, paragraph 0053 “Illumination beam splitter 109 directs a portion of the collimated narrow line illumination to objective 111” and “Objective 111 directs collimated narrow line illumination to the surface of specimen 112”) and the second amount of illumination light to a second measurement spot on the surface of the specimen under measurement (Figure 5, light source 142 creates beam 147 going to element 128, paragraph 0145 “a pattern recognition probe beam 147 that is directed through beam splitter 129 and optical combining element 128 to objective 111” and paragraph 0053 “Objective 111 directs collimated narrow line illumination to the surface of specimen 112”) and collecting a first amount of collected light from the first measurement spot in response to the first amount of broadband illumination light (paragraph 0053 “Light reflected, diffracted, and scattered from the surface of specimen 112 is collected by objective 111.”) and a second amount of collected light from the second measurement spot in response to the second amount of illumination light (paragraph 0145 “Light collected by objective 111 in response to pattern recognition probe beam 147 is returned … through the same path.”), wherein the first and second measurement spots are collocated (Figure 5, light 119 and beam 147 are combined, paragraph 0146 “an optical combining element 128 in the common path in front of objective 111” and multiple references to “the measurement spot size” e.g. paragraph 0063, indicate there is only one measurement area), wherein the optical objective directs the first and second amounts of [broadband] illumination light to the first and second measurement spots, respectively, at one or more angles of incidence, one or more azimuth angles, or a combination thereof, (paragraph 0053 “Objective 111 directs collimated narrow line illumination to the surface of specimen 112 over a broad range of angles of incidence.”) and a Spectroscopic Reflectometer (SR) subsystem including: an SR illumination optics subsystem (Figure 5, elements 101-108) directing the first amount of broadband illumination light (Figure 5, element 119) from the at least one illumination source (Figure 5, element 101) toward the optical objective (Figure 5, element 111); at least one spectrometer having a surface sensitive to incident light (Figure 5, element 118), the at least one spectrometer detecting the first amount of collected light and generating SR spectral signals indicative of the first amount of collected light (paragraph 0045 “Detector 118 simultaneously acquires reflectivity signals over a range of AOI and a range of wavelengths from specimen 112.”); a SR collection optics subsystem directing the first amount of collected light from the optical objective to the at least one spectrometer (Figure 5, elements 128, 109, 113-117); a Pattern Recognition (PR) based imaging subsystem including: an PR illumination optics subsystem (Figure 5, elements 129, 128) directing the second amount of illumination light (Figure 5, element 147) from the at least one illumination source toward the optical objective (Figure 5, paragraph 0145 “a pattern recognition probe beam 147 that is directed through beam splitter 129 and optical combining element 128 to objective 111”); at least one imaging detector having a surface sensitive to incident light (Figure 5, element 141), the at least one imaging detector detecting the second amount of collected light and generating PR image signals indicative of the second amount of collected light (paragraph 0144 “Light collected by objective 111 in response to auto-focus probe beam 146 is returned to auto focus subsystem 141 through the same path. Based on the received signals, auto focus subsystem 141 generates auto-focus signals 138”); a PR collection optics subsystem directing the second amount of illumination light from the optical objective to the at least one imaging detector (Figure 5, elements 128, 129); and a computing system (Figure 5, element 130) configured to generate an estimated value of at least one parameter of interest characterizing a structure disposed on the specimen under measurement based on the SR spectral signals and the PR image signals (paragraph 0045 “The reflectivity signals 135 are processed by computing system 130 to estimate one or more structural or process parameter values.”, paragraph 0144 “computing system 130 causes the focal position of specimen 112 to be changed based on auto-focus signals 138” and paragraph 0145 “the pattern recognition signals 139 are used to navigate over the surface of specimen 112.”, see also Figure 4, element 127 and paragraphs 0131 “the resulting wafer field images can be used for measurement purposes, pattern recognition, image based focusing, or any combination thereof.” & 0132 “the combined data from pupil detector 118 and field detector 127 is employed to estimate values of parameters of interest”). Fu does not teach the second illumination light is broadband. However, it is known in the art as taught by Lai. Lai teaches an autofocus system (Abstract “An embodiment of an autofocus system is provided”) with broadband illumination light (Figure 6, paragraph 0028 “The first light source generation unit 111 is arranged to output the received broadband light.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the second illumination light be broadband, in order to better maintain a desired Z axis position. Fu as modified by Lai above does not teach wherein a size of the first and second measurement spots on the surface of the specimen is at least 20 micrometers. However, it is known in the art as taught by Wang. Wang teaches a size of the first and second measurement spots on the surface of the specimen is at least 20 micrometers (paragraph 0073 “In some embodiments, illumination light is projected from an LSP light source onto the wafer with an illumination spot size of 25 micrometers”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a size of the first and second measurement spots on the surface of the specimen is at least 20 micrometers, in order to avoid significant beam apodization. Fu as modified by Lai and Wang above does not teach wherein the surface sensitive to incident light and the surface of the specimen under measurement are field conjugates, However, it is known in the art as taught by Arieli. Arieli teaches spectroscopic measurement of a surface (Abstract “A spectrometer (250) is configured to measure a spectrum of light of the broadband light that is reflected from at least one spot on the tear film”) where the surface sensitive to incident light and the surface of the specimen under measurement are field conjugates (paragraph 0062 “imaging the field of view of the tear film using a color camera having an image plane that is conjugate with the image plane of the surface of the tear film and with the image plane of the spectrometer”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the surface sensitive to incident light and the surface of the specimen under measurement are field conjugates, in order to sharpen the image and enable more precise measurements. As to claim 2, FLWA teaches everything claimed, as applied above in claim 1, in addition Fu teaches the first amount of broadband illumination light includes wavelengths spanning a range from 170 nanometers to 1,000 nanometers (paragraph 0046 “illumination source 101 includes one or more light sources spanning a range of wavelengths between 100 nanometers and 2,500 nanometers.”). Fu does not teach the second amount of broadband illumination light includes wavelengths spanning a range from 400 nanometers to 1,300 nanometers. However, it is known in the art as taught by Lai. Lai teaches the second amount of broadband illumination light includes wavelengths spanning a range from 400 nanometers to 1,300 nanometers (paragraph 0021 “…400 nm and… 800 nm”, see also Figure 4). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the second amount of broadband illumination light includes wavelengths spanning a range from 400 nanometers to 1,300 nanometers, in order to use wavelengths with sufficiently different focal lengths. As to claim 3, FLWA teaches everything claimed, as applied above in claim 1, in addition Fu teaches the detecting of the first amount of collected light from the first measurement spot and the detecting of the second amount of collected light from the second measurement spot is simultaneous (paragraph 0141 “both the measurement beam and the auto-focus beam probe the sample simultaneously”). As to claim 4, FLWA teaches everything claimed, as applied above in claim 1, in addition Fu teaches the detecting of the first amount of collected light from the first measurement spot involves detecting a plurality of spectra sequentially (paragraph 0061 “detect signals simultaneously or sequentially”), wherein each of the plurality of spectra includes a different range of wavelengths, polarization states, or both (paragraph 0061 “Each wavelength dispersive element/detector pair is configured to detect different wavelength ranges.”). As to claim 6, FLWA teaches everything claimed, as applied above in claim 1, in addition Lai teaches the detecting of the first amount of collected light from the first measurement spot involves detecting spectra associated with a first range of wavelengths (paragraph 0021 “each of the detection lights DL1.about.DLn has different focal lengths and different wavelengths”), wherein the detecting of the second amount of collected light from the second measurement spot involves detecting one or more images associated with a second range of wavelengths different from the first range of wavelengths (Figure 3, “BL2” and the peaks for wavelengths .lambda.sub.2 and .lambda.sub.3). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the detecting of the second amount of collected light from the second measurement spot involves detecting spectra associated with a first range of wavelengths, wherein the detecting of the second amount of collected light from the second measurement spot involves detecting one or more images associated with a second range of wavelengths different from the first range of wavelengths, in order to improve the height detection accuracy. As to claims 8-9, a claim is only limited by positively recited elements, and the inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims. Regarding claims 8 and 9, language in an apparatus or product claim directed to the function, operation, intent-of-use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See MPEP 2115 Material or Article Worked Upon Does Not Limit Apparatus Claims (intended use). In this case, the type of structure disposed on the specimen under measurement does not modify the structure of the metrology system as described in claim 1, and claims 8-9 are rejected for the same reasons. As to claim 10, FLWA teaches everything claimed, as applied above in claim 1, in addition Fu teaches the at least one parameter of interest characterizing the structure disposed on the specimen under measurement includes overlay, surface profile, surface roughness, or any combination thereof (paragraph 0008 “measurements of critical dimensions (CD), overlay, thin films (TF), lithography focus, lithography dosage, roughness, and stress measurements”). As to claim 11, FLWA teaches everything claimed, as applied above in claim 1, in addition Fu teaches the at least one imaging detector is a hyperspectral detector (paragraph 0022 “a hyperspectral detector is employed”). As to claim 12, FLWA teaches everything claimed, as applied above in claim 1, in addition Fu teaches the at least one imaging detector is a two dimensional charge coupled device (CCD) sensitive to wavelengths spanning a range from 400 nanometers to 1,700 nanometers (paragraph 0061 “a back-thinned CCD image sensor … is employed to perform measurements in the wavelength range between 190 and 1,000 nanometers”). As to claim 13, FLWA teaches everything claimed, as applied above in claim 1, in addition Wang teaches an SE illumination optics subsystem directing a third amount of broadband illumination light (Figure 8, paragraph 0071 “SE illumination light 113”) generated by the at least one illumination source (Figure 8, “plasma chamber 105”) to a third measurement spot (Figure 8, paragraph 0072 “measurement spot 117”) on the surface of the specimen under measurement (Figure 8, paragraph 0072 “wafer 115”); an SE collection optics subsystem collecting a third amount of collected light from the third measurement spot in response to the third amount of broadband illumination light (Figure 8, paragraph 0078 “collected light 114 passes through spectrometer slit 152 and is incident on diffractive element 153. Diffractive element 153 is configured to spatially separate wavelengths of the incident light at the light sensitive surface of detector 154”); and at least one SE spectrometer having a surface sensitive to incident light (paragraph 0078 “In the embodiment depicted in FIG. 8, the collection optics subsystem directs light to a spectrometer of the detection subsystem.” and “Diffractive element 153 is configured to spatially separate wavelengths of the incident light at the light sensitive surface of detector 154.”), the at least one SE spectrometer detecting the third amount of collected light and generating SE output signals indicative of the third amount of collected light (Figure 8, paragraph 0079 “detected signals … and 137”), wherein the computing system is further configured to generate an estimated value of the at least one parameter of interest characterizing the structure disposed on the specimen under measurement based on the SR spectral signals, the PR image signals, and the SE output signals (paragraph 0100 “computing system 130 determines an estimate 155 of a value of a parameter of interest of the measured structure(s) based on detected signals 135, 136, and 137”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have an SE illumination optics subsystem including <the claimed elements>, in order to add oblique angle measurements to the inspection. As to claim 14, FLWA teaches everything claimed, as applied above in claim 1, in addition Fu teaches the first amount of broadband illumination light includes wavelengths spanning a range from 170 nanometers to 2,500 nanometers (paragraph 0046 “illumination source 101 includes one or more light sources spanning a range of wavelengths between 100 nanometers and 2,500 nanometers.”). Fu does not teach the second amount of broadband illumination light includes wavelengths spanning a range from 400 nanometers to 1,700 nanometers. However, it is known in the art as taught by Lai. Lai teaches the second amount of broadband illumination light includes wavelengths spanning a range from 400 nanometers to 1,700 nanometers (paragraph 0021 “…400 nm and… 800 nm”, see also Figure 4). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the second amount of broadband illumination light includes wavelengths spanning a range from 400 nanometers to 1,700 nanometers, in order to use wavelengths with sufficiently different focal lengths. As to claim 15, FLWA teaches everything claimed, as applied above in claim 1, in addition Fu teaches an illumination Numerical Aperture (NA) of the SR subsystem is between 0.04 and 0.08 (paragraph 0045 “a high numerical aperture (NA) objective lens 111 (e.g., NA>0.7)”). Fu does not teach a collection NA of the SR subsystem is between 0.01 and 0.04. However, Fu teaches selecting machine parameters appropriate for the object under study (paragraph 0056 “different objectives may be made available to provide the best wavelength range and NA range for different measurement applications.”). As the numerical aperture is a results effective variable and there are a finite number of possible apertures, it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to enable the claimed numerical aperture, in order to increase the system detection ability. See MPEP 2144.05(II). As to claims 17-18, 19, the method would flow from claims 1-2, 4 respectively. As to claim 20, Fu teaches a metrology system (Abstract “A spectroscopic beam profile metrology system”) comprising: at least one illumination source (Figure 5, elements 101 and 142, collectively) generating a first amount of broadband illumination light (paragraph 0046 “illumination source 101 that generates an amount of illumination light 119 having multiple wavelengths”) and a second amount of illumination light (paragraph 0145 “pattern recognition subsystem 142 generates a pattern recognition probe beam 147”); an optical objective (Figure 5, paragraph 0045 “a high numerical aperture (NA) objective lens 111”) directing the first amount of broadband illumination light to a first measurement spot on a surface of a specimen under measurement (Figure 5, light source 101 creates light 119 going to element 109, paragraph 0053 “Illumination beam splitter 109 directs a portion of the collimated narrow line illumination to objective 111” and “Objective 111 directs collimated narrow line illumination to the surface of specimen 112”) and the second amount of illumination light to a second measurement spot on the surface of the specimen under measurement (Figure 5, light source 142 creates beam 147 going to element 128, paragraph 0145 “a pattern recognition probe beam 147 that is directed through beam splitter 129 and optical combining element 128 to objective 111” and paragraph 0053 “Objective 111 directs collimated narrow line illumination to the surface of specimen 112”) and collecting a first amount of collected light from the first measurement spot in response to the first amount of broadband illumination light (paragraph 0053 “Light reflected, diffracted, and scattered from the surface of specimen 112 is collected by objective 111.”) and a second amount of collected light from the second measurement spot in response to the second amount of illumination light (paragraph 0145 “Light collected by objective 111 in response to pattern recognition probe beam 147 is returned … through the same path.”), wherein the first and second measurement spots are collocated (Figure 5, light 119 and beam 147 are combined, paragraph 0146 “an optical combining element 128 in the common path in front of objective 111” and multiple references to “the measurement spot size” e.g. paragraph 0063, indicate there is only one measurement area); a Spectroscopic Reflectometer (SR) subsystem including: an SR illumination optics subsystem (Figure 5, elements 101-108) directing the first amount of broadband illumination light (Figure 5, element 119) from the at least one illumination source (Figure 5, element 101) toward the optical objective (Figure 5, element 111); at least one spectrometer having a surface sensitive to incident light (Figure 5, element 118), the at least one spectrometer detecting the first amount of collected light and generating SR spectral signals indicative of the first amount of collected light (paragraph 0045 “Detector 118 simultaneously acquires reflectivity signals over a range of AOI and a range of wavelengths from specimen 112.”); a SR collection optics subsystem directing the first amount of collected light from the optical objective to the at least one spectrometer (Figure 5, elements 128, 109, 113-117); a Pattern Recognition (PR) based imaging subsystem including: an PR illumination optics subsystem (Figure 5, elements 129, 128) directing the second amount of illumination light (Figure 5, element 147) from the at least one illumination source toward the optical objective (Figure 5, paragraph 0145 “a pattern recognition probe beam 147 that is directed through beam splitter 129 and optical combining element 128 to objective 111”); at least one imaging detector having a surface sensitive to incident light (Figure 5, element 141), the at least one imaging detector detecting the second amount of collected light and generating PR image signals indicative of the second amount of collected light (paragraph 0144 “Light collected by objective 111 in response to auto-focus probe beam 146 is returned to auto focus subsystem 141 through the same path. Based on the received signals, auto focus subsystem 141 generates auto-focus signals 138”); a PR collection optics subsystem directing the second amount of illumination light from the optical objective to the at least one imaging detector (Figure 5, elements 128, 129); and a non-transitory computer readable medium (paragraph 0169 “Program instructions 134 are stored in a computer readable medium (e.g., memory 132). Exemplary computer-readable media include read-only memory, a random access memory, a magnetic or optical disk, or a magnetic tape.”) comprising instructions that, when executed by one or more processors (Figure 5, paragraph 0168 “Computing system 130”), causes the one or more processors to (paragraph 0168” the term “computing system” may be broadly defined to encompass any device having one or more processors, which execute instructions from a memory medium.”: generate an estimated value of at least one parameter of interest characterizing a structure disposed on the specimen under measurement based on the SR spectral signals and the PR image signals (paragraph 0045 “The reflectivity signals 135 are processed by computing system 130 to estimate one or more structural or process parameter values.”, paragraph 0144 “computing system 130 causes the focal position of specimen 112 to be changed based on auto-focus signals 138” and paragraph 0145 “the pattern recognition signals 139 are used to navigate over the surface of specimen 112.”, see also Figure 4, element 127 and paragraphs 0131 “the resulting wafer field images can be used for measurement purposes, pattern recognition, image based focusing, or any combination thereof.” & 0132 “the combined data from pupil detector 118 and field detector 127 is employed to estimate values of parameters of interest”). Fu does not teach the second illumination light is broadband. However, it is known in the art as taught by Lai. Lai teaches an autofocus system (Abstract “An embodiment of an autofocus system is provided”) with broadband illumination light (Figure 6, paragraph 0028 “The first light source generation unit 111 is arranged to output the received broadband light.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the second illumination light be broadband, in order to better maintain a desired Z axis position. Fu as modified by Lai above does not teach wherein a size of the first and second measurement spots on the surface of the specimen is at least 20 micrometers. However, it is known in the art as taught by Wang. Wang teaches a size of the first and second measurement spots on the surface of the specimen is at least 20 micrometers (paragraph 0073 “In some embodiments, illumination light is projected from an LSP light source onto the wafer with an illumination spot size of 25 micrometers”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a size of the first and second measurement spots on the surface of the specimen is at least 20 micrometers, in order to avoid significant beam apodization. Fu as modified by Lai and Wang above does not teach wherein the surface sensitive to incident light and the surface of the specimen under measurement are field conjugates, However, it is known in the art as taught by Arieli. Arieli teaches spectroscopic measurement of a surface (Abstract “A spectrometer (250) is configured to measure a spectrum of light of the broadband light that is reflected from at least one spot on the tear film”) where the surface sensitive to incident light and the surface of the specimen under measurement are field conjugates (paragraph 0062 “imaging the field of view of the tear film using a color camera having an image plane that is conjugate with the image plane of the surface of the tear film and with the image plane of the spectrometer”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the surface sensitive to incident light and the surface of the specimen under measurement are field conjugates, in order to sharpen the image and enable more precise measurements. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over FLWA, and further in view of Smith et al (United States Patent Application Publication 20110071784). As to claim 5, FLWA teaches everything claimed, as applied above in claim 1, with the exception of the detecting of the second amount of collected light from the second measurement spot involves detecting a plurality of images sequentially, wherein each of the plurality of images includes a different range of wavelengths. However, it is known in the art as taught by Smith. Smith teaches the detecting of the second amount of collected light from the second measurement spot involves detecting a plurality of images sequentially, wherein each of the plurality of images includes a different range of wavelengths (paragraph 0012 “the measurements at each polarization and wavelength band are also made sequentially in time”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the detecting of the second amount of collected light from the second measurement spot involves detecting a plurality of images sequentially, wherein each of the plurality of images includes a different range of wavelengths, in order to reduce the number of system elements needed. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over FLWA, and further in view of Li (United States Patent Application Publication 20140370627). As to claim 7, FLWA teaches everything claimed, as applied above in claim 6, in addition Fu teaches the estimating of the value of the at least one parameter of interest characterizing the structure disposed on the specimen under measurement involves estimating a value of a first parameter of interest based on the SR spectral signals (paragraph 0045 “The reflectivity signals 135 are processed by computing system 130 to estimate one or more structural or process parameter values.”) and estimating a value of a second parameter of interest based on the PR image signals (paragraph 0132 “the combined data from pupil detector 118 and field detector 127 is employed to estimate values of parameters of interest”). FLWA does not teach the first parameter of interest is associated with a portion of the structure located at a first, non-zero depth from the surface of the specimen, and wherein the second parameter of interest is associated with a portion of the structure located at a second, non-zero depth from the surface of the specimen. However, it is known in the art as taught by Li. Li teaches taking spectroscopic measurements of a surface (Title “Monitoring Laser Processing of Semiconductors by Raman Spectroscopy”) wherein the first parameter of interest is associated with a portion of the structure located at a first, non-zero depth from the surface of the specimen, and wherein the second parameter of interest is associated with a portion of the structure located at a second, non-zero depth from the surface of the specimen (paragraph 0017 “The laser used for Raman spectroscopy may be any kind of laser that produces wavelengths that penetrate to a desired depth within a semiconductor substrate.”, and when this teaching is applied to Fu’s use of multiple wavelengths (paragraph 0046 “system 100 includes an illumination source 101 that generates an amount of illumination light 119 having multiple wavelengths”) and to the invention of Fu as modified by Lai and Wang above, it results in both beams penetrating the surface to a non-zero depth). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the first parameter of interest be associated with a portion of the structure located at a first, non-zero depth from the surface of the specimen, and have the second parameter of interest be associated with a portion of the structure located at a second, non-zero depth from the surface of the specimen, in order to look underneath the surface and better determine the substrate’s structure. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over FLWA, and further in view of Zhuang et al (United States Patent 11231362). As to claim 16, FLWA teaches everything claimed, as applied above in claim 1, with the exception of the estimating of the at least one parameter of interest involves a trained machine learning based measurement model having the SR spectral signals, the PR image signals, or both, as input to the trained machine learning based measurement model. However, it is known in the art as taught by Zhuang. Zhuang teaches the estimating of the at least one parameter of interest involves a trained machine learning based measurement model having the SR spectral signals, the PR image signals, or both, as input to the trained machine learning based measurement model (column 13:27-31 “Collected data can be analyzed by a number of data fitting and optimization techniques and technologies including: libraries; fast-reduced-order models; regression; machine-learning algorithms such as neural networks and support-vector machines (SVM);”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the estimating of the at least one parameter of interest involves a trained machine learning based measurement model having the SR spectral signals, the PR image signals, or both, as input to the trained machine learning based measurement model, in order to better analyze large amounts of data and automate complex tasks without explicit programming. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARREAS UNDERWOOD whose telephone number is (571)272-1536. The examiner can normally be reached M-F 0600-1400 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, Michelle Iacoletti can be reached at (571) 2705789. 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. /J.C.U/Examiner, Art Unit 2877 /MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
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Prosecution Timeline

Apr 19, 2023
Application Filed
Feb 27, 2025
Non-Final Rejection — §103
Aug 07, 2025
Response Filed
Oct 23, 2025
Final Rejection — §103
Mar 02, 2026
Request for Continued Examination
Mar 10, 2026
Response after Non-Final Action
Mar 26, 2026
Non-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

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+23.8%)
2y 6m
Median Time to Grant
High
PTA Risk
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