Prosecution Insights
Last updated: May 28, 2026
Application No. 18/196,499

SUBSTRATE ANALYSIS SYSTEM

Non-Final OA §112
Filed
May 12, 2023
Priority
Sep 30, 2022 — RE 10-2022-0125018
Examiner
MCCORMACK, JASON L
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
868 granted / 1028 resolved
+16.4% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
35 currently pending
Career history
1063
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
75.9%
+35.9% vs TC avg
§102
4.4%
-35.6% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1028 resolved cases

Office Action

§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 . Election/Restrictions Applicant’s election without traverse of claims 1-9 and 11-17 in the reply filed on 10/7/2025 is acknowledged. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 13 recites that “the measurer includes a white light scanning interferometry”. It is unclear how the measurer (a device) can be embodied by a white light scanning interferometry (a field of endeavor). This rejection may be overcome by specifying that “the measurer includes a white light scanning interferometer” or “the measurer includes a white light scanning interferometry system” or “the measurer includes a white light scanning interferometry apparatus”. Allowable Subject Matter Claims 1-9, 11, 12, and 14 are allowed. The following is an examiner’s statement of reasons for allowance: Regarding independent claim 1; Ochiai et al. U.S. PGPUB No. 2003/0089852 discloses a substrate analysis system, comprising: a load-lock (“When the hatch 64 closes, a narrow space formed around the wafer becomes a load lock chamber” [0075]) configured to load or unload a substrate (“the wafer transferring unit 62 picks up the wafer 21 on the mounting stage 63, and places it on the sample stage 24 in the vacuum sample chamber 60” [0075]) with a pattern layer (“The focused ion beam irradiation optical system 31 irradiates the FIB 4 to the wafer 21 so as to form a groove in such a manner that the groove is in a horseshoe shape crossing over an observation analysis face p2 as shown in FIG. 4” [0078]); a miller 31 (“The thin film sample 22 may be… a sample made into a thin-film by conventional mechanical grinding or ion-milling” [0126]) configured to irradiate an ion beam toward a milling region of the pattern layer (“The focused ion beam irradiation optical system 31 irradiates the FIB 4 to the wafer 21 so as to form a groove in such a manner that the groove is in a horseshoe shape crossing over an observation analysis face p2 as shown in FIG. 4” [0078]), the ion beam to irradiate a milling surface from which at least a portion of the pattern layer is removed (“The focused ion beam irradiation optical system 31 irradiates the FIB 4 to the wafer 21 so as to form a groove in such a manner that the groove is in a horseshoe shape crossing over an observation analysis face p2 as shown in FIG. 4” [0078]); an imager 41 configured to capture a plurality of two-dimensional images of the analysis region (“a secondary electron image on the silicon wafer surface” [0100]); a substrate transferer 62 configured to transfer the substrate between the load-lock, the miller, and the imager (“a narrow space formed around the wafer becomes a load lock chamber, and an evacuating means (not shown) exhausts air therefrom, thereby descending the mounting stage 63. Thereafter, the wafer transferring unit 62 picks up the wafer 21 on the mounting stage 63, and places it on the sample stage 24 in the vacuum sample chamber 60” [0075]); and a controller 100 configured to control the substrate transferer so that the substrate circulates through the miller, and the imager (“The vacuum sample chamber 60 has an operation controller 100 provided for controlling and managing a series of processes of the overall apparatus including sample processing, observation, and evaluation” [0074]). However, Ochiai does not disclose that the miller is configured to adjust a path of the ion beam so that the ion beam moves horizontally within the milling region according to a scanning profile received based on an intensity map of the ion beam. Additionally, Ochiai does not disclose a depth measurer configured to receive the substrate from the miller and to measure a milling depth of an analysis region in a central portion of the milling surface, and therefore does not disclose that the controller is configured to control the substrate transferer so that the substrate circulates through the miller, the depth measurer, and the imager when the milling depth obtained from the depth measurer is shallower than a set target depth. Fischione et al. U.S. PGPUB No. 2022/0262593 discloses a substrate analysis system, comprising: a miller configured to irradiate an ion beam toward a milling region of the pattern layer, the ion beam to irradiate a milling surface from which at least a portion of the pattern layer is removed (“Broad-beam ion milling is also used to delayer chips” [0013]); wherein the miller is configured to adjust a path of the ion beam so that the ion beam moves horizontally within the milling region according to a scanning profile (“A control unit drives the activation of the ion beam source and steering mechanism and controls and adjusts the raster amplitude and scan rate” [0024]) received based on an intensity map of the ion beam (“a sub-millimeter beam is rastered with respect to the sample surface, point by point, with the intensity of the beam being determined by the rate of movement, thus causing the dwell time at each point of the sample surface to be variable” [0082]). Fischione discloses a depth measurer configured to receive the substrate from the miller and to measure a milling depth of an analysis region in a central portion of the milling surface (“Depth profile information is generated by the interaction of electrons created by the SEM and the corresponding sample volume” [0027]). However, since the sample 55 is located on sample stage 56 when the sample is irradiated with the milling ion beam from ion beam source 31 and with the electron beam from the SEM column 75, there is no disclosure of a controller configured to control a substrate transferer so that the substrate circulates through the miller, the depth measurer, and the imager, when the milling depth obtained from the depth measurer is shallower than a set target depth. The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, a substrate analysis system, comprising: a controller configured to control a substrate transferer so that a substrate circulates through a miller configured to irradiating an ion beam toward a milling region of a pattern layer of the substrate, a depth measurer configured to measure a milling depth of an analysis region in a central portion of a milling surface of the substrate, and an imager configured to capture a plurality of two-dimensional images of the analysis region, when the milling depth obtained from the depth measurer is shallower than a set target depth. Regarding dependent claims 2-9 and 11-14; these claims are allowable at least for their dependence, either directly or indirectly, upon independent claim 1. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM 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, Robert Kim can be reached at 571-272-2293. 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. /JASON L MCCORMACK/Examiner, Art Unit 2881
Read full office action

Prosecution Timeline

May 12, 2023
Application Filed
May 12, 2023
Response after Non-Final Action
Nov 21, 2025
Non-Final Rejection mailed — §112
Jan 08, 2026
Applicant Interview (Telephonic)
Jan 08, 2026
Examiner Interview Summary
Jan 30, 2026
Response Filed
Apr 17, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
92%
With Interview (+8.1%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1028 resolved cases by this examiner. Grant probability derived from career allowance rate.

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