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 .
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (U.S.Pat. 11,042,101 B2).
With respect to claims 1 and 19-20, Chen discloses an exposure method in a lithographic apparatus, and a corresponding non-transitory computer-readable medium, in which topographical information of a substrate (6) is obtained and used to compute focus corrections for an exposure process and comprising all features of the instant claim such as: acquiring topographical data of the substrate having at least two different heights or topographical levels (see figure 3; see col.3 lines 50 thru col.4 line 6: discussing multiple substrate height regions and height-map measurement); determining (see col.12, lines 23-67) focus-related parameters for each of the respective topographical levels such as: computing focus error or a focus metric for each height segment) and using these per-level values within an optimization model or cost function (see col.13-14: describing per-region focus calculations and objecting modeling); determining based on the topographical data and by a processor/host, a continuous focus actuation profile (see figure 3, col.15-16: describing the processor generating a continuous trajectory or focus control curve from the topography inputs). It is noted that Chen discloses generating a unified, continuous focus control signal derived from multiple discrete height regions which corresponds to the claimed “continuous single focus actuation profile” (see col.15, lines 17-61); and deriving the continuous focus actuation profile from an object function having at least a per-level function component operable to optimize a focus metric per topographic level (Col.16, line 20-61, Chen discloses computing per-level focus errors and incorporating them into an optimization function to derive the final focus actuation).
As to claim 2, wherein the continuous single focus optimization profile has a profile of an exposure slit projection for performing the lithographic exposure process (see col.12, lines 23-67: discussion of multiple height segments, regional substrate elevation variations).
As claim 3, wherein the determining has minimized the objective function in terms of the continuous single focus actuation profile and the per-level function component (see col.16, lines 20-61, Chen discloses that multiple regional focus values are integrated into a single model whose output determines the continuous focus actuation trajectory).
As to claims 4, wherein the per-level function component has a per-level offset function component and the minimizing the objective function in terms of the per-level offset function component yields a per-level focus offset per topographical level (Col.5, line 2 thru col.6, line 34, Chen explicitly discloses that the processor/host generates a continuous trajectory, i.e., a time-dependent or scan position-dependent actuation profile, derive from the substrate topography and the computed per-region focus corrections).
Allowable Subject Matter
Claims 5-18 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.
Response to Amendment/Arguments
Applicant’s amendment filed January 30, 2026 has been entered. Claims 1, 3-8, 11, 13 and 20 have been amended. In view of Applicant’s remarks, and upon reference to the identified passage in the specification, the rejection of claims 1-20 under 35 U.S.C. 112 second paragraph is withdrawn. Turning to the prior art rejections of claims 1-4, 19-20 under 35 U.S.C 102(a)(1) based on the reference of Chen et al (U.S.Pat. 11,042,101B2), Applicant’s arguments in conjunction with the amendment have been carefully reviewed but they are not found persuasive. The applicant is reminded that the claimed subject matter to examination will be given their broadest reasonable interpretation consistent with the specification, and limitations appearing in the specification are not be read into the claims. In re Yamamoto, 740 F. 2d 1569, 1571, 222 USPO 934, 936 (Fed.Cir. 1984). With this in mind, the discussion herein will focus on how the terms and relationships thereof in the claims are met by the references. Response to any limitation that is not in the claims or any argument that is irrelevant to or does not relate to any specific claimed language will not be warranted.
In response to the rejection, Applicant argues that Chen allegedly fails to disclose “a continuous single focus actuation profile for the at least two topographical levels” as recited in claim 1. Applicant asserts that Chen instead uses “many different focuses according to a polynomial path.” Applicant’s argument is not persuasive for the following reasons.
First, as demonstrated in the previous Office Action, Chen expressly teaches determining a focus control trajectory based on measured surface profile data of a workpiece. Chen discloses measuring the surface profile of the workpiece using vertical measurement sensors to obtain surface profile data prior to exposure. Chen further teaches calculating an orthogonal polynomial path for the projection objective based on the measured surface profile so that the projection objective moves along that path during exposure to compensate for the surface profile of the workpiece. The orthogonal polynomial path disclosed in Chen inherently represents a continuous focus actuation profile. A polynomial function describes a continuous mathematical function defining a trajectory of focus position with respect to position across the exposure field. Thus, Chen’s orthogonal polynomial path constitutes a continuous profile describing the actuation of the focus mechanism during exposure. Applicant’s characterization that Chen employs “many different focuses” does not negate the presence of a continuous profile. The claim language does not require a single constant focus value; rather, it requires a continuous single focus actuation profile. A continuous profile may vary across position while remaining continuous and uninterrupted. Chen’s polynomial path precisely describes such a continuous focus trajectory. Furthermore, Chen determines the polynomial path based on surface profile measurements and fitting procedures. Specifically, Chen teaches performing fitting of surface profile data and calculating an orthogonal polynomial path that the projection objective follows to compensate for the workpiece surface profile during scanning exposure. This calculation inherently involves determining a function that optimizes the relationship between the surface profile and the focus position of the projection objective. Such a calculation corresponds to the claimed determination of a focus actuation profile from an objective function.
Additionally, Chen discloses determining vertical motion components including Z-direction height values and tilt components (Rx and Ry) corresponding to the surface profile of the workpiece. These components define the vertical actuation profile used to control the lithographic apparatus during scanning exposure. Thus, Chen determines a focus actuation profile based on the measured topographical characteristics of the workpiece. Accordingly, Chen teaches or inherently discloses determining a continuous focus actuation profile based on measured surface profile data of the substrate for use in controlling the lithographic exposure process. The Examiner therefore maintains that Chen discloses the claimed limitation of determining a continuous single focus actuation profile. Applicant’s arguments regarding this limitation are therefore not persuasive.
For at least the reasons discussed above, Chen discloses each and every limitation of independent claim 1. Accordingly, the rejection of claims 1–4, 19 and 20 under 35 U.S.C. §102 as anticipated by Chen is maintained.
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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HUNG HENRY NGUYEN
Primary Examiner
Art Unit 2882
Hvn
3/5/26
/HUNG V NGUYEN/Primary Examiner, Art Unit 2882