Prosecution Insights
Last updated: August 18, 2026
Application No. 18/231,727

PHOTOMASK PROCESSING APPARATUS AND METHOD OF PROCESSING PHOTOMASK

Non-Final OA §103
Filed
Aug 08, 2023
Priority
Aug 11, 2022 — RE 10-2022-0100588
Examiner
ASFAW, MESFIN T
Art Unit
1724
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Semes Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
810 granted / 978 resolved
+17.8% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
25 currently pending
Career history
1009
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
57.5%
+17.5% vs TC avg
§102
33.3%
-6.7% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 978 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 . Election/Restrictions Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II drawn to photomask processing methods involving photomask pattern correction, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 18, 2026. 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. Claim(s) 1, 2 and 4-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. [US 20220283512 A1, hereafter Park] in view of Dodoc et al. [US 8064040 B2, hereafter Dodoc]. As per Claim 1, Park teaches a photomask processing apparatus 300C (See fig. 3, Para 41) comprising: a light source 360 configured to emit light along an optical axis (Para 44); a photomask 100 comprising a first surface MA provided with a plurality of patterns (the top surface); an inspector (a laser dosage map) configured to detect a target correction region comprising at least one target correction pattern having a dimension greater than a predetermined target range, among the plurality of patterns (Para 46); and a digital micromirror device (DMD) (the light modulation portion 346) comprising a plurality of mirror blocks DMD and configured to switch each of the plurality of mirror blocks between an on state and an off state (Para 43), and the DMD is further configured to switch, to the on state, mirror blocks corresponding to the target correction region of the first surface of the photomask among the plurality of mirror blocks, and switch, to the off state, mirror blocks corresponding to a non-correction region among the plurality of mirror blocks, the non-correction region being a region other than the target correction region on the first surface of the photomask (Para 43-46). Park does not explicitly teach wherein each of the plurality of mirror blocks is configured to, in the on state, reflect the emitted light toward the first surface of the photomask and, in the off state, reflect the emitted light toward outside of the first surface of the photomask, Dodoc teaches each of the mirror elements has three stable positions. In one position (reflection position), the normal to the surface of the mirror surface points in the direction of the normal to the macroscopically curved mirror surface 131, so that light that impinges essentially perpendicularly on the curved surface 131 is largely reflected back by itself. In a second position (deflection position), the beams are reflected at a great angle, so that they run past the lenses of the projection objective and can be absorbed by light traps 137 (FIG. 4). In this case, the angle of inclination of the mirror elements that can be obtained by means of the tilting is preferably greater than the aperture angle of the projection objective in the object space. As a result, a complete coupling-out of radiation is possible in the deflection position (See fig. 4, Column 12 lines 2-15). Therefore, it would have been obvious to one of ordinary skill in the art at time the invention was made to incorporate the mirror controlling method of Dodoc in order to direct the radiation beam to a desired location. As per Claim 2, Park in view of Dodoc teaches the photomask processing apparatus of claim 1. Park further disclosed wherein the at least one target correction pattern comprises a pattern having a critical dimension greater than a deviation of a target critical dimension of each of the plurality of patterns, among the plurality of patterns (Para 31-32). As per Claim 4, Park in view of Dodoc teaches the photomask processing apparatus of claim 1. Dodoc further disclosed wherein on-off state switching of each of the plurality of mirror blocks is performed through rotation of each of the plurality of mirror blocks (See fig. 4, Column 12 lines 2-15). Therefore, it would have been obvious to one of ordinary skill in the art at time the invention was made to incorporate the mirror controlling method of Dodoc in order to direct the radiation beam to a desired location. As per Claim 5, Park in view of Dodoc teaches the photomask processing apparatus of claim 4. Dodoc further disclosed a bumper unit configured to absorb the light reflected by the plurality of mirror blocks in the off state (See fig. 4, Column 12 lines 2-15). Therefore, it would have been obvious to one of ordinary skill in the art at time the invention was made to incorporate the mirror controlling method of Dodoc in order to direct the radiation beam to a desired location. As per Claim 6, Park in view of Dodoc teaches the photomask processing apparatus of claim 1. Park further disclosed a flat-top optical system configured to convert the light emitted along the optical axis into flat-top light (Para 44). As per Claim 7, Park in view of Dodoc teaches the photomask processing apparatus of claim 1. Park further disclosed a temperature measuring device configured to measure a temperature of the at least one target correction pattern; and a DMD controller configured to control on-off state switching of the plurality of mirror blocks of the DMD (Para 67). As per Claim 8, Park in view of Dodoc teaches the photomask processing apparatus of claim 7. Park further disclosed wherein the DMD controller is further configured to control, based on the temperature of the at least one target correction pattern measured by the temperature measuring device, on-off states of the plurality of mirror blocks corresponding to the at least one target correction pattern so that the temperature of the at least one target correction pattern reaches a target temperature (Para 67). As per Claim 9, Park in view of Dodoc teaches the photomask processing apparatus of claim 1. Park further disclosed a light irradiation optical system configured to provide the light emitted along the optical axis to the DMD (See fig. 3). As per Claim 10, Park in view of Dodoc teaches the photomask processing apparatus of claim 9. Park further disclosed wherein the light irradiation optical system is further configured to provide the light emitted along the optical axis to the DMD in a direction different from the optical axis (See fig. 3). As per Claim 11, Park in view of Dodoc teaches the photomask processing apparatus of claim 1. Park further disclosed wherein the DMD comprises the plurality of mirror blocks arranged in a form of an L×M matrix (Para 43). As per Claim 12, Park in view of Dodoc teaches the photomask processing apparatus of claim 1. Park further disclosed a refractive lens configured to adjust magnification of the light reflected from the DMD (Para 44). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Dodoc as applied in claim 1 above, further in view of Oh et al. [US 20220113619 A1, hereafter Oh]. As per Claim 3, Park in view of Dodoc teaches the photomask processing apparatus of claim 1. Park in view of Dodoc does not explicitly teach a fluid supply unit configured to supply an etchant to the first surface of the photomask. providing a photomask by forming a plurality of pattern elements having a target critical dimension from the light absorbing layer, wherein the plurality of pattern elements include a correction target pattern element to be corrected, and the correction target pattern element has a critical dimension different from the target critical dimension; identifying a correction target area of the photomask in which the correction target pattern element is disposed; applying an etchant to the photomask; and irradiating a laser beam to the correction target area while the etchant is provided on the photomask (See fig. 10, Para 7). Therefore, it would have been obvious to one of ordinary skill in the art at time the invention was made to incorporate the application of etchant as claimed in order to produce a desired target critical dimension. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MESFIN ASFAW whose telephone number is (571)270-5247. The examiner can normally be reached Monday - Friday 8 am - 4 pm. 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, Toan Ton can be reached at 571-272-2303. 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. /MESFIN T ASFAW/ Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Aug 08, 2023
Application Filed
Jul 23, 2026
Non-Final Rejection mailed — §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

1-2
Expected OA Rounds
83%
Grant Probability
97%
With Interview (+14.0%)
2y 8m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 978 resolved cases by this examiner. Grant probability derived from career allowance rate.

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