Detailed Action
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 invention I in the reply filed on 09/28/2025 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.
Claims 1, 9-11, 13, 14 and 16 are 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 pre-AIA the applicant regards as the invention.
As to claim 1, claim 1 recites “the illumination optics subsystem having a Numerical Aperture (NA) of at least 0.15 and an image demagnification from an illumination field stop to the measurement spot of at least 10”.
However, it is not clear with following reasons.
First, it is not clear whether the illumination optics subsystem required to have recited illumination field stop or not.
Second, it is not clear whether the image demagnification being done by the illumination field stop or by some other structure of the illumination optics which is not properly claimed currently.
Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
For the examination purposes, examiner will interpret it as appeared in the prior art of Wang et al. (US 20200240907) as shown in the below 103 rejection.
Claim 1 recites the limitation "the specimen" in 11 and “a direction aligned with a direction of changing angle” in lines 13-14.
There are insufficient antecedent basis for these limitations in the claim.
Dependent claims 9-11, 13, 14 and 16 are also rejected since they inherit the indefiniteness of the claims from which they depend.
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 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, 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 20200240907 hereinafter Wang) in view Antonelli et al. (US 20200363332 A1 hereinafter Antonelli) and in further view of Chung et al. (US 20190285407 A1 hereinafter Chung).
As to claim 1, Wang teaches a spectroscopic metrology system (FTIR metrology system 100, FIG.8) comprising:
an illumination source (101) configured to generate an amount of illumination light including wavelengths in a range from 150 to 2,500 nanometers (FTIR, abstract);
an illumination optics subsystem (illumination subsystem [0071]) configured to direct the amount of illumination light from the illumination source (101) to one or more structures disposed on an optically transparent substrate (wafer 115) at a measurement spot (117) at one or more angles of incidence, one or more azimuth angles, or a combination thereof, the illumination optics subsystem having a Numerical Aperture (NA) ([0071]) and an image demagnification from an illumination field stop to the measurement spot of at least 10 ([0073] 100 micrometer source size being 5 micrometers),
a collection optics subsystem configured to collect an amount of collected light from the measurement spot (117) on the surface of the specimen (115), the collection optics subsystem including a collection mask disposed at or near an image plane of the collection optics subsystem, the collection mask including an aperture (151, field stop or slit 152 [0076]);
at least one detector (169 CCD) having a planar, two-dimensional surface sensitive to incident light, the at least one detector configured to detect the amount of collected light and generate output signals indicative of the detected light; and
a computing system (130) configured to generate an estimated value of a first parameter of interest characterizing the one or more structures under measurement based on an analysis of the output signals ([0059]).
However, Wang does not explicitly disclose NA of at least 0.15 and aperture having a dimension of less than one millimeter in a direction aligned with a direction of changing angle of incidence.
Antonelli teaches use of NA of at least 0.15 for optical metrology ([0031])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of Wang by having NA of at least 0.15 for the benefit including higher spatial resolution and brighter images depending on user’s necessities.
Chung teaches aperture having a dimension of less than one millimeter in a direction aligned with a direction of changing angle of incidence ([0102]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of Wang by having a dimension of less than one millimeter in a direction aligned with a direction of changing angle of incidence for the benefit including accurate beam alignment for the measurement.
As to claim 9, Wang when modified by Antonelli and Chung teaches the metrology system of Claim 1.
Wang further teaches the one or more structures under measurement include a grating structure ([0099]).
As to claim 14, Wang when modified by Antonelli and Chung teaches the metrology system of Claim 9.
Wang further teaches the first parameter of interest is a critical dimension characterizing the grating structure disposed on the optically transparent substrate ([0038, 0046] and [0099]).
Claim 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view Antonelli and Chung in further view of Bischoff et al. (US 20030212525 A1 hereinafter Bischoff).
As to claim 10, Wang when modified by Antonelli and Chung teach the metrology system of Claim 9.
While Wang does not explicitly disclose the grating structure includes multiple grating vector orientations at the measurement spot, the limitation of structure under measurement being a specific structure is an article worked upon type limitation.
Examiner’s notes for the limitations regarding material/article worked upon
(Below is the capture of related MPEP)
2115 Material or Article Worked Upon by Apparatus [R-07.2015]
MATERIAL OR ARTICLE WORKED UPON DOES NOT LIMIT APPARATUS CLAIMS
Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935).
Furthermore, Bischoff teaches the grating structure includes multiple grating vector orientations at the measurement spot ([0113] and Fig. 19A and B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to use the system of Wang for the grating structure includes multiple grating vector orientations at the measurement spot with the expected success for the benefit including using known system for studying various sample structures.
As to claim 11, Wang when modified by Antonelli, Chung and Bischoff teach the metrology system of Claim 10.
Wang further teaches the computing system further configured to generate an estimated value of a second parameter of interest of the specimen under measurement based on an analysis of the output signals ([0017] one or more additional measurement subsystems may measure a target at multiple different angles of incidence, azimuth angles, different wavelength ranges, different polarization states), wherein the amount of collected light includes light collected at a first azimuth angle and a second azimuth angle, the output signals are indicative of the detected light at the first and second azimuth angles ([0017]), wherein the estimated value of the first parameter of interest is based on the output signals indicative of the detected light at the first azimuth angle ([0017], [0063] and [0096]),
However, Wang does not explicitly disclose the first parameter of interest characterizes the grating structure along a first grating vector orientation, wherein the estimated value of the second parameter of interest is based on the output signals indicative of the detected light at the second azimuth angle, and wherein the second parameter of interest characterizes the grating structure along a second grating vector orientation different from the first grating vector orientation.
Bischoff teaches the first parameter of interest characterizes the grating structure along a first grating vector orientation, wherein the estimated value of the second parameter of interest is based on the output signals indicative of the detected light at the second azimuth angle, and wherein the second parameter of interest characterizes the grating structure along a second grating vector orientation different from the first grating vector orientation ([0113-0016]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of Wang for the first parameter of interest characterizes the grating structure along a first grating vector orientation, wherein the estimated value of the second parameter of interest is based on the output signals indicative of the detected light at the second azimuth angle, and wherein the second parameter of interest characterizes the grating structure along a second grating vector orientation different from the first grating vector orientation for the benefit including providing proper parameters of interest depending on the sample structure provided.
Claims 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view Antonelli and Chung in further view of XU et al. (US 20230073048 A1 hereinafter Xu).
As to claims 13 and 16, Wang when modified by Antonelli and Chung teaches the metrology system of Claim 1.
While Wang does not explicitly disclose the one or more structures under measurement comprise a metalens optical element, the one or more structures disposed on the optically transparent substrate comprise an augmented reality/virtual reality device the recited limitations are the article worked upon by the apparatus (see examiner’s noes regarding material/article worked upon by the apparatus).
As a result, the limitations do not further limit the system of claim 1.
Furthermore, Xu teaches the one or more structures under measurement comprise a metalens optical element ([0073]) for metrology (abstract) and the one or more structures disposed on the optically transparent substrate comprise an augmented reality/virtual reality device ([0030 and 0015, 0017, 0018, 0020 etc.]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to use the system of Wang for the one or more structures under measurement comprise a meta-lens optical element and the one or more structures disposed on the optically transparent substrate comprise an augmented reality/virtual reality device with the expected success for the benefit including using known system for studying various sample structures.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Michel et al. (WO 02077687 A2) teaches use of NA of at least 0.15 for high resolution spectrometer for metrology (abstract and “The numerical aperture of the single-mode optical fibers traditionally used in optical telecommunications is of the order of 0.15 to 0.17 in air”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNGHEE Y GRAY whose telephone number is (571)270-3211. The examiner can normally be reached on T-R, 8:00 am-4:00 pm and F 8 :00 to 2:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached on (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/SUNGHEE Y GRAY/
Primary Examiner, Art Unit 2886