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 .
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) and Aghababazadeh et al. (US2005/0085932).
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 pattern density of the reference area indicating a relationship between the determined width s and 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.
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 and Aghababazadeh into the method of Takane, in order to implement reference area and adjustment areas.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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.
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ZHIYU . LU
Primary Examiner
Art Unit 2669
/ZHIYU LU/Primary Examiner, Art Unit 2665 January 31, 2026