Prosecution Insights
Last updated: May 29, 2026
Application No. 18/280,459

DIGITAL HOLOGRAPHIC MICROSCOPE AND ASSOCIATED METROLOGY METHOD

Final Rejection §102§103
Filed
Sep 05, 2023
Priority
Mar 22, 2021 — EU 21163900.0 +2 more
Examiner
HANSEN, JONATHAN M
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Holding N.V.
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
597 granted / 752 resolved
+11.4% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
34 currently pending
Career history
789
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
83.7%
+43.7% vs TC avg
§102
8.4%
-31.6% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 752 resolved cases

Office Action

§102 §103
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 . Claim(s) 1-2, 7-8, 11 and 16-17 are rejected under 35 U.S.C. 102(a1). Claim(s) 3-6, 9-10, 12-15 and 18-20 are rejected under 35 U.S.C. 103. 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. Claim(s) 1-2, 7-8, 11 and 16-17 are rejected under 35 U.S.C. 102(a1) as being anticipated by “Resolution enhancement in in-line holography by numerical compensation of vibrations” by Latychevskaia et al. (provided by applicant). In regards to claims 1-2, 7-8, 11 and 16-17 Latychevskaia discloses and shows, a method comprising: determining at least one attenuation function due to motion blur from a holographic image (abstract; Sections 2, 3.2, 3.4; wherein equation 5 represents a vibration function and equation 6 represents a deconvolution function); and correcting the holographic image, or a portion thereof, using the at least one attenuation function (Equation 5; Figures 1-7). [claim 2] wherein the determining at least one attenuation function comprises: transforming the holographic image to a spatial frequency domain to obtain a transformed holographic image (Section 2; wherein equations 4-6 include Fourier transforms of the vibration and shift functions); and determining the at least one attenuation function for at least one portion of the transformed holographic image (Section 2; wherein equation 5 represents a vibration function and equation 6 represents a deconvolution function); [claim 7] wherein the determining at least one attenuation function comprises: determining a time-dependent displacement field of a metrology stage used in obtaining the holographic image, the time-dependent displacement field characterizing a stage disturbance of the metrology stage (abstract; Sections 2, 3.2, 3.4; wherein equations 1-7 include vibration function and terms associated with the lateral shift of the sample); and determining the at least one attenuation function from the time-dependent displacement field (abstract; Sections 2, 3.2, 3.4; wherein equations 1-7 include vibration function and terms associated with the lateral shift of the sample), wherein the stage disturbance of the metrology stage comprises one or more selected from: a vibration of the metrology stage, a drift of the metrology stage, a vibration of a detector used in capturing the holographic image, a vibration of a movable lens used in obtaining the holographic image, or a step disturbance from a fabrication plant used for manufacture of a substrate measured to obtain the holographic image (abstract; Sections 2, 3.2, 3.4; wherein equations 1-7 include vibration function and terms associated with the lateral shift of the sample); [claim 8] wherein the time-dependent displacement field is modeled as an analytic function of time parametrized by one or more stage disturbance parameters (abstract; Sections 2, 3.2, 3.4; wherein equations 1-7 include vibration function and terms associated with the lateral shift of the sample); [claim 11] a processing device, comprising an and associated program storage, the program storage comprising instructions for execution by a processor to cause the processor to perform at least the method (Abstract; Section 5); [claim 16] wherein the determining at least one attenuation function comprises: determining at least one field drift vector related to stage drift of a metrology stage used in obtaining the holographic image (abstract; Sections 2, 3.2, 3.4; wherein equations 1-7 include vibration function and terms associated with the lateral shift of the sample); and determining the at least attenuation function from the at least one field drift vector (abstract; Sections 2, 3.2, 3.4; wherein equations 1-7 include vibration function and terms associated with the lateral shift of the sample); [claim 17] wherein the determining at least one field drift vector comprises determining an object field drift vector (abstract; Sections 2, 3.2, 3.4; wherein equations 1-7 include vibration function and terms associated with the lateral shift of the sample). 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, 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) 3-6, 9-10, 12-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Latychevskaia, in view of “Diffraction-based overlay metrology using angular-multiplexed acquisition of dark-field digital holograms” by Messinis et al. (provided by applicant). In regards to claims 3-6, 9-10 and 12-15, Latychevskaia differs from the method in that it is silent to: [claim 3] wherein the step of determining at least one attenuation function comprises determining a sideband attenuation function for a sideband of the transformed holographic image; [claim 4] wherein the correcting step comprises deconvolving the sideband attenuation function from a sideband of the transformed holographic image to obtain a corrected sideband; [claim 5] the step of determining at least one attenuation function comprises determining a center band attenuation function for a center band of the transformed holographic image; and the correcting step comprises deconvolving the center band attenuation function from the center band of the transformed holographic image to obtain a corrected center band; [claim 6] further comprising transforming the corrected sideband and/or corrected center band to real space and converting it to a corrected image; [claim 9] wherein the determining a time-dependent displacement field comprises fitting the one or more said stage disturbance parameters over a region corresponding to a central band in the spatial frequency domain, so as to satisfy a relationship between the sideband and a central band of the transformed holographic image in the presence of stage disturbance; [claim 10] comprising performing off-axis holography to obtain the holographic image; [claim 12] a dark field digital holographic microscope configured to determine a characteristic of interest of a structure, the microscope comprising: an illumination branch configured to provide illumination radiation to illuminate the structure; a detection arrangement configured to capture object radiation resulting from diffraction of the illumination radiation by the structure; a reference branch configured to provide reference radiation for interfering with the object beam to obtain a holographic image; [claim 13] the dark field digital holographic microscope configured as an off-axis dark field digital holographic microscope; [claim 14] a metrology apparatus for determining a characteristic of interest of a structure on a substrate, the metrology apparatus comprising the dark field digital holographic microscope; [claim 15] an inspection apparatus for inspecting a structure on a substrate, the inspection apparatus comprising the dark field digital holographic microscope. However, Messinis teaches and shows in Figure 5, an off-axis dark-field digital holographic microscopy system comprising a light source, a detector and a reference optical path to provide an interferometer configuration, which may be utilized as a metrology tool (Figure 5) (Section 2.2). Further, the off-axis configuration obtains and analyzes the side-bands and the center-band of the object wave distributions, with Fourier transforms and inverse Fourier transforms (Section 2) (Equations 5-8). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Latychevskaia to include the off-axis dark-field holographic microscope configuration discussed above for the advantage of acquiring multiple parallel holograms and improving the processing of semiconductor devices, with a reasonable expectation of success. In regards to claims 18-20, Latychevskaia differs from the limitations in that it is silent to the method further comprising: [claim 18] wherein the determining at least one field drift vector comprises determining a reference field drift vector; [claim 19] wherein the determining at least one field drift vector comprises, for each field drift vector, fitting one or more stage drift parameters describing the field drift vector over a region corresponding to a central band in the spatial frequency domain, so as to satisfy a relationship between a sideband and a central band of the transformed holographic image in the presence of stage drift and reference drift; [claim 20] wherein the relationship approximates the stage drift and reference drift as comprising a constant speed for each reference field drift vector and object field drift vector during an acquisition time during which the holographic image was acquired. However, Messinis teaches and shows in Figure 5, an off-axis dark-field digital holographic microscopy system comprising a light source, a detector and a reference optical path to provide an interferometer configuration, wherein the reference path has a variable delay to set an imaging depth (Figure 5) (Section 2.2). Further, the off-axis configuration obtains and analyzes the side-bands and the center-band of the object wave distributions with Fourier transforms and inverse Fourier transforms (Section 2) (Equations 5-8). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Latychevskaia to include the off-axis dark-field holographic microscope configuration discussed above for the advantage of acquiring multiple parallel holograms and improving the processing of semiconductor devices, with a reasonable expectation of success. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm. 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 571-270-5789. 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. JONATHAN M. HANSEN Primary Examiner Art Unit 2877 /JONATHAN M HANSEN/Primary Examiner, Art Unit 2877
Read full office action

Prosecution Timeline

Sep 05, 2023
Application Filed
Jan 08, 2026
Non-Final Rejection mailed — §102, §103
Mar 30, 2026
Response Filed
May 26, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12638670
BOROSCOPE GUIDE FIXTURE
2y 2m to grant Granted May 26, 2026
Patent 12638360
OPTICAL FIBER TEST EQUIPMENT AND OPTICAL FIBER TEST METHOD
1y 9m to grant Granted May 26, 2026
Patent 12607559
OPEN RESONATOR
1y 10m to grant Granted Apr 21, 2026
Patent 12601583
Multi-Channel Self-Mixing Interferometric Sensor
1y 11m to grant Granted Apr 14, 2026
Patent 12590900
WAFER INSPECTION APPARATUS USING THREE-DIMENSIONAL IMAGE AND METHOD OF INSPECTING WAFER USING THE SAME
3y 8m to grant Granted Mar 31, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
91%
With Interview (+11.6%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 752 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month