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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/04/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takane et al. (JP2007329081) in view of Kitamura et al. (US2006/0245636), Aghababazadeh et al. (US2005/0085932) and Tohyama et al. (US2005/0141764).
To claim 1, Takane teach a method of generating an image of a workpiece having a patterned surface while adjusting a brightness of the image (paragraph 0013, provides an apparatus having a brightness/contrast adjustment function that can flexibly accommodate imaging targets having various pattern densities and can always capture images with optimal brightness and contrast), comprising:
determining a reference area in a surface of the workpiece (102 of Fig 4, paragraph 0019, sample);
determining a pattern density of the reference area from design data for patterns in the reference area (paragraph 0024, calculate pattern density; paragraphs 0015, 0027, 0037, pattern density is calculated from the design data of the sample to be imaged);
determining adjustment areas having pattern densities that approximate the determined pattern density within a predetermined range (paragraph 0042, sets pattern density of the object to be imaged before starting imaging; this makes it obvious that areas on image of the sample would be approximate to the calculated pattern density of the design data because the sample supposedly correspond to the design data, which makes within a default/predetermined range an obvious implementation of the sample to the design data);
generating an image of the reference area with a scanning electron microscope; generating an image of one of the adjustment areas with the scanning electron microscope (paragraph 0040, obvious in design data and sample images);
adjusting set values of parameters for adjusting the brightness of the image of the one adjustment area so as to reduce a difference between a brightness histogram of the image of the one adjustment area and a brightness histogram of the image of the reference area (paragraphs 0023-0026, brightness and contrast adjustment is determined based on the calculated pattern density); and
generating images of intermediate areas in the surface of the workpiece with the scanning electron microscope (paragraph 0038, as intermediate areas being interpreted under the broadest reasonable interpretation, continue to capture images in any areas with optimal brightness and contrast would be obvious).
But, Takane do not expressly disclose determining widths of portions of CAD patterns corresponding to patterns in the reference area, and determining lengths of the portions of the CAD patterns corresponding to the patterns in the reference area; determining a plurality of sums of lengths respectively corresponding to the determined widths by calculating a sum of lengths corresponding to each width; determining a pattern density of the reference area indicating a relationship between the determined widths and the corresponding sums of lengths of the portions of the CAD patterns.
However, determining lengths and widths of the portions of the CAD patterns would have been obvious in determining pattern density.
Kitamura teach a SEM system takes an image of a pattern to-be-inspected corresponding to an inspection area, which includes reference patterns having the same line width and having uniform pattern density is acquired beforehand (paragraph 01018), wherein a relationship between the determined widths and lengths of the portions of the CAD patterns (paragraphs 0030, 0835-0836, 0844, 1161, measured gate widths are classified based on gate lengths, the minimum distances to the nearest pattern, or the like) and obtains a region suitable for automatic contrast brightness adjustment and automatic focus adjustment (Fig. 164, paragraphs 0126-0143), which shows reference area and adjustment areas can be obtained in SEM system for purpose of referencing and brightness adjustment.
In further said obviousness, Aghababazadeh teach technique for evaluating a fabrication of a semiconductor component and wafer (abstract), comprises determining widths of portions of CAD patterns corresponding to patterns in the reference area, and determining lengths of the portions of the CAD patterns corresponding to the patterns in the reference area; determining a pattern density of the reference area indicating a relationship between the determined width s and lengths of the portions of the CAD patterns (Figs. 9A-D; paragraphs 0118-0119), which correspond to Kitamura’s teaching.
Tohyama teach a scenario of obtaining a critical area comprises: determining widths of portions of CAD patterns corresponding to patterns in the reference area, and determining lengths of the portions of the CAD patterns corresponding to the patterns in the reference area; determining a plurality of sums of lengths respectively corresponding to the determined widths by calculating a sum of lengths corresponding to each width (paragraph 0110), which correspond to obtaining area in Aghababazadeh.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate teaching of Kitamura, Aghababazadeh and Tohyama into the method of Takane, in order to implement reference area and adjustment areas by design preference.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIYU LU whose telephone number is (571)272-2837. The examiner can normally be reached Weekdays: 8:30AM - 5:00PM.
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, Stephen R Koziol can be reached at (408) 918-7630. 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.
ZHIYU . LU
Primary Examiner
Art Unit 2669
/ZHIYU LU/Primary Examiner, Art Unit 2665 May 6, 2026
Prosecution Insights