Prosecution Insights
Last updated: August 17, 2026
Application No. 18/359,731

SEMICONDUCTOR MANUFACTURING MONITORING PROCESS

Final Rejection §103§112
Filed
Jul 26, 2023
Priority
Jul 28, 2022 — provisional 63/369,698
Examiner
HASSANZADEH, PARVIZ
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
ASM IP Holding B.V.
OA Round
2 (Final)
26%
Grant Probability
At Risk
3-4
OA Rounds
8m
Est. Remaining
62%
With Interview

Examiner Intelligence

Grants only 26% of cases
26%
Career Allowance Rate
19 granted / 72 resolved
-38.6% vs TC avg
Strong +35% interview lift
Without
With
+35.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
15 currently pending
Career history
83
Total Applications
across all art units

Statute-Specific Performance

§103
64.2%
+24.2% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
12.4%
-27.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 72 resolved cases

Office Action

§103 §112
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 Election/Restrictions Claims 16-18, 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II (apparatus claims), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/19/2025. Response to Arguments Applicant's arguments filed 4/14/2026 have been fully considered but they are not persuasive. Claim interpretation: The word “monochromatic” or “single wavelength “as cited in claim 1 cannot be a theoretical single-wavelength (or single frequency light) because in practice each light wavelength or frequency has a bandwidth range. Thus, the word reads on a light within UV, Visible ad Infrared ranges or a selected range thereof. The exemplary ranges discussed in the specification [0048] are not read into the claim. Regardless of selection of a definite narrow range of wavelengths, it is well known in the art of spectroscopy that selection of a narrow range would shorten the processing time and enhance the measurement rate and it is common to select a narrow range based on the absorption spectrum and characteristics of the molecule (precursor) to be measured. Applicant has amended claim 1 to further define that the light is centered at a single wavelength which implies it has a bandwidth and as further defined in claims 21 and 22 having a gaussian distribution around 50 nm. Ganguli discloses that for some embodiments, the FTIR spectrometer 410 may comprise optical filters to limit a range of the IR spectrum generated. Accordingly, for some embodiments, an FTIR spectrometer 410 may be optimized to generate a spectrum for a limited range of wavenumbers determined by the precursor material. However, the new ground of rejection introduces an additional prior art by Spartz that reinforces the concept of implementing a single wavelength light source (narrow bandwidth light) is common and an obvious choice for monitoring a specific precursor molecule. It is well known that the type of light sources disclosed by Sparts generally have a gaussian intensity distribution within a narrow bandwidth that is selectively chosen based on the absorption bandwidth of the precursor molecule to be monitored. Spartz discloses a pulsed gas delivery device is monitored using a sensor. The sensor may include a source that generates radiation at a spectral range that includes an absorption frequency of the gas being delivered. The wavelength selection device 225 may be one or more of the followings: a grating, a prism, an interferometer, a laser, a frequency-specific diode, and an acoustic-optic filter. Gaussian bandwidth generally refers to an electromagnetic spectrum where the spectral intensity follows a normal Gaussian (bell-shaped) distribution curve. This profile is common in pulsed lasers. A light source with a 50 nm Gaussian bandwidth is considered a broadband source often used in spectroscopy. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to select the bandwidth (such as 50 nm) for a single wavelength light source to coincides with an absorption peak or band of the molecule to be monitored. Further, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 23-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term “steepness ” in claim 23 is a relative term which renders the claim indefinite. The term “steepness” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The “steepness of a release phase of a precursor pulse” is not defined by the claim or specification, thus, it is not clear as what degree or angle is considered as steep. Similarly in claims 24 and 25, it is not clear as what degrees or angle is meant by “a steep decrease” or “a slower decrease”. 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) 1-4, 7-8, 11-13, 15 and 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganguli (US 20040015300 A1) in view of Spartz (US 20070022951 A1). Regarding claim 1, 2, 21-22: Ganguli discloses a method for determining an amount of solid precursor 122 in a precursor vessel 124 for a semiconductor manufacturing process, wherein said solid precursor is provided from said precursor vessel to a process chamber 110 by flowing a carrier gas through a valve 126 through said precursor vessel, thereby generating a process gas comprising said carrier gas and vaporized solid precursor, and providing said process gas to said process chamber where said precursor is reacted with a substrate, the method comprising the step of: measuring an amount of optical absorption of that process gas through monochromatic measurements (FTIR spectrometer 410, [0051]) in said process gas, and determining, based on the measurement of the amount of optical absorption of the process gas, an amount of precursor in said precursor vessel (Fig. 3). Further regarding selection range of wavelengths (monochromatic or narrow range centered at a single wavelength): Ganguli discloses that the interferometer 414 allows certain sets of wavelengths to pass depending on a location of an internal moving mirror. The internal mirror is moved to generate a range, or spectrum, of wavelengths ([0051]). Ganguli further discloses in [0056] an exemplary FTIR spectrum in FIG. 5, the precursor 122 will typically exhibit absorption features over a limited range of wavelengths. Because this limited range may be known beforehand, rather than generating an IR spectrum for the entire IR range, the FTIR spectrometer 410 may be optimized for this limited range. For example, if the precursor 122 is tungsten carbonyl, a limited spectrum including wavenumbers around 2000 and/or 600 may be sufficient. For some embodiments, the FTIR spectrometer 410 may comprise optical filters to limit a range of the IR spectrum generated. Accordingly, for some embodiments, an FTIR spectrometer 410 may be optimized to generate a spectrum for a limited range of wavenumbers determined by the precursor material. For example, the FTIR spectrometer 410 may be optimized to generate a spectrum for a range of wavenumbers associated with an FTIR spectrum for tungsten carbonyl or PDMAT. Further, for some embodiments, the FTIR spectrometer may be may be configurable for specific precursors. Ganguli further discloses in [0057] that optimizing the FTIR spectrometer 410 for a limited range of wavelengths may have a number of advantages. A first advantage is that processing only a selected region may reduce a time required to generate a spectrum and process the spectrum data to calculate a precursor density. A second advantage is that a size and complexity of the FTIR spectrometer 410 may be reduced because, for example, an internal mirror of the interferometer 414 does not have to travel an entire length required to create the entire spectrum. Ganguli does not implicitly disclose other light sources with monochromatic light centered at a single wavelength as an alternative choice of optical source. Spartz discloses delivery of gas by a pulsed gas delivery device is monitored using a sensor. The sensor may include a source that generates radiation at a spectral range that includes an absorption frequency of the gas being delivered. The controller monitors in real time the delivery of the gas, by adaptively adjusting the quantity of gas being delivered to a desired quantity (abstract, [0027]). Spartz discloses [0031] an optical sensor 200 that typically includes a wavelength selection device 225. For example, the wavelength selection device 225 may be an IR narrowband filter 225 at an appropriate frequency, configured to selectively transmit light of an appropriate desired frequency onto the detector. The wavelength selection device 225 may also include more than one IR narrowband filter 225 operative at the appropriate frequencies. The wavelength selection device 225 may also be operative at one (single) or more IR bands that incorporate the appropriate frequencies. Alternatively, the wavelength selection device 225 may be one or more of the followings: a grating, a prism, an interferometer, a laser, a frequency-specific diode, and an acoustic-optic filter [claim 15 of Spartz]. Spartz also discloses a controller 240 may also determine and monitor the total integrated quantity of gas that is delivered during a time period encompassing a plurality of ALD pulses. For example, the controller 240 may measure and monitor the integrated amount of ALD precursor per ALD cycle. The ALD system 100 (shown in FIG. 1A) may thus be monitored with an absolute concentration method. The ALD system 100 may also be monitored with an algebraic combination of signal (or band) intensities or areas to either provide absolute concentrations or discriminate between events to provide an optimal final product [0038]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a light source with a narrowband centered at a single wavelength using a grating, a prism, an interferometer, a laser, a frequency-specific diode, and an acoustic-optic filter as taught by Spartz as an obvious alternative choice of optical source for monitoring the delivery of a specific precursor molecule. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). Gaussian bandwidth generally refers to an electromagnetic spectrum where the spectral intensity follows a normal Gaussian (bell-shaped) distribution curve. This profile is common in pulsed lasers. A light source with a 50 nm Gaussian bandwidth is typical and often used in spectroscopy. For example, Fig. 5 of Ganguli shows absorption spectrum of precursor wherein the bandwidth of the gaussian peak around 600 nm is about 30 nm. PNG media_image1.png 507 734 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to select the bandwidth (such as 50 nm) for a single wavelength light source to coincides with an absorption peak or band of the molecule to be monitored. Further, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding types of measurement being quasi-steady or transient (claims 3-4): Ganguli discloses that the system controller 140 may determine an amount of precursor 122 delivered on each pulse (single precursor pulse), and also discloses that the amount of precursor on each pulse may be accumulated ([0061]). Ganguli discloses “The system controller 140 may, for example, determine if an adequate amount of precursor 122 was delivered on a particular pulse and, if not, generate an additional pulse, or pulses, until an adequate amount has been delivered.” Ganguli also discloses that measurement can be once or several times for a process cycle ([0036]). Spartz also discloses [pulse delivery of precursor and monitoring thereof [0011-0015, 0018-0025]. “The controller 240 may determine and monitor the amount of gas delivered during each ALD pulse, i.e. may measure and monitor the amount of ALD precursor delivered from the ALD gas delivery device to the chamber 130. [0037]”. Also “[0043] The method and system described above allows for a precise delivery of a desired number of atoms of precursor for each pulse.” Regarding measurement of the amount of precursor delivered and remained and depletion time (claims 7-8): Ganguli discloses a standard procedure for measuring and monitoring an initial (step 302), control the flow rate of the process gas (308), delivered (310), remaining amount (step 312) of a precursor, and prediction of depletion time (314) (Fig. 3, and description thereof in the specification). Ganguli further discloses in [0059] that the system controller 140 may display information received from the SPDM 130 on a graphical user interface (GUI) 142. Ganguli further discloses in [0060] that the system controller 140 may also use the information received from the SPDM 130 as feedback to control delivery of the precursor 122 to the process chamber 110 in an attempt to maintain a target mass flow rate for the precursor 122. For example, the system controller 140 may compare a calculated mass flow rate received from the SPDM 130 to the target mass flow rate. In response to the comparison, the system controller 140 may attempt to adjust the mass flow rate of the precursor 122 by varying a temperature in the vessel 124 via a temperature controller to control the sublimation rate, or by varying a volume flow rate of the carrier gas into the vessel 124 by adjusting a valve 128. Regarding types of precursors (claims 10-13, 15): Ganguli discloses exemplary precursors such as a metalorganic material such as tungsten carbonyl and pentadimethylamino-tantalum (PDMAT) ([0024], [0053] which implies that the precursor can be any material including those cited in the claims. Thus, the method and the apparatus disclosed by Ganguli is not limited to the exemplary precursor or a particular type of precursor and it implies that the method may be practiced to deliver and monitor any type of precursor. Regarding measuring a steepness of a release phase of a precursor pulse (claims 23-25): Ganguli discloses system controller 140 may generate the short duration pulses via pneumatically controlled (0.5 s) or electrically controlled (0.2 s) valves. For some embodiments, the SPDM 130 may determine an amount of precursor 122 delivered on each pulse, and communicate the information to the system controller 140. The system controller 140 may, for example, determine if an adequate amount of precursor 122 was delivered on a particular [0061]. The absorption spectrum of a released precursor over a pulsed duration naturally includes an initial upward absorption region, a steady flat region, and an ending downward absorption region. The total absorption area of the spectrum is proportion to the total amount of the precursor and the overall shape of the absorption spectrum over the precursor pulsed released period including the steepness of the initial upward absorption region is affected and is indicative of the amount of the precursor in the precursor vessel. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized the correlation that the overall shape of the absorption spectrum over the precursor pulsed released period including the steepness of the initial upward absorption region is affected and is indicative of the amount of the precursor in the precursor vessel. It is further noticed that the claimed measuring a steepness is part of the overall recording the absorption spectrum and does not require a separate or a specific calculation of the angle of steepness. Claim(s) 15 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Ganguli (US 20040015300 A1) in view of Spartz (US 20070022951 A1) and Babayan (US 20200399758 A1). Ganguli in view of Spartz as discussed above discloses an apparatus and a method of delivering and monitoring a solid precursor to a chamber. Ganguli discloses exemplary precursors such as a metalorganic material such as tungsten carbonyl and pentadimethylamino-tantalum (PDMAT) ([0024], [0053]. The method and the apparatus disclosed by Ganguli is not limited to the exemplary precursor or a particular type of precursor and it implies that the method may be practiced to monitor any precursor including a precursor having a pi-complex bonding. Gamguli does not explicitly disclose a solid precursor comprising a pi-complex molecule. Babayan discloses an apparatus for controlling precursor flow. The apparatus may include a processor; and a memory unit coupled to the processor, including a flux control routine. The flux control routine may be operative on the processor to monitor the precursor flow and may include a flux calculation processor to determine a precursor flux value based upon a change in detected signal intensity received from a cell of a gas delivery system to deliver a precursor (abstract). Babayan disclosed a sensor assembly 108 may include a light source 120, such as an infrared, visible, or ultraviolet light source, and a detector 122, facing the light source 120. ([0035]). Babayan discloses deposition of Cobalt using a (3,3-Dimethyl-1-butyne) dicobalthexacarbonyl (CCTBA) precursor (pi complex). This chemical system is merely exemplary, and in other embodiments other metal organic or halogen species may be used to deposit cobalt, or other metal ([0041]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a pi-complex precursor as taught by Babayan as an obvious alternative choice for selecting cobalt as a solid precursor. Prior art made of record and not relied upon The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen (US 20080044573 A1) discloses a method for monitoring and controlling delivery of a precursor from an ampoule in a process chamber (Fig. 3). In one example, a tantalum-containing film is deposited on a substrate during an atomic layer deposition process by heating an ampoule containing pentakis(dimethylamido) tantalum (abstract). Chen discloses an extensive list of exemplary precursors that can be used ([0023]). Faguet (US 20060222768 A1) discloses a method for precursor delivery includes transferring a precursor vapor from a precursor vaporization system to an intermediate precursor chamber, collecting the precursor vapor in the intermediate precursor chamber, flowing a process gas containing the collected precursor vapor to a process chamber, and exposing a substrate in the process chamber to the process gas to deposit a layer including at least one element from the precursor vapor on the substrate. Faguet further discloses a light absorption sensor to measure the concentration of the precursor in the gas flow to the intermediate precursor chamber 146. The concentration can be integrated over time to determine the total amount of precursor vapor delivered to the intermediate precursor chamber 146 ([0046]). Yashiro (JP 58086719 A) discloses a devise to control the flow rate of an organometallic gas by providing a light absorbing cell in the middle of a pipe supplying the organometallic gas, and by controlling the flow rate of the gas according to the degree of light absorption detected by the light absorbing cell. A light emitted from a light source 6 is turned into a monochromatic light by a spectroscope 7, and this light is applied to an organometallic gas, e.g. a trimethyl aluminum (TMA) gas, in a supply pipe 4B through the intermediary of a light absorbing cell 5, and is detected by a photodetector 8. Therefore, with a graph of comparison between the intensity of the light detected by the detector 8 and the density of TMA prepared beforehand, the intensity of the light at that time is detected by the detector 8, the density of TMA is read out of the graph, and thereby the flow rate of TMA at the time can be determined. Thereby the flow rate of TMA can be quantified, and the control of the flow rate can be performed accurately (abstract). Reuschel (US 4125643 A) discloses a semiconductor processing apparatus including an optical monitoring device on an exhaust line. A light source 15 generating polychromatic light is positioned to generate a light beam which passes through suitable imaging lens 16a and a corresponding filter 16 to produce a controlled monochromatic light beam 17 having a wavelength which coincides with an absorption peak or band of the HCl molecule or other hydrogen halide molecule which is being monitored (if necessary, an electrical glow-discharge which takes place in dilute HCl may be utilized as a monochromatic light source) ([38]). Reuschel further discloses a method of detecting or monitoring precursor flux wherein the electromagnetic radiation or light may be a laser or broadband IR source (such as from an FT-IR spectrometer) ([0043]). 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 Parviz Hassanzadeh whose telephone number is (571)272-1435. The examiner can normally be reached M-F 8-5. 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, Alexa Neckel can be reached at 571-272-1446. 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. /PARVIZ HASSANZADEH/Supervisory Patent Examiner, Art Unit 1716
Read full office action

Prosecution Timeline

Jul 26, 2023
Application Filed
Jan 27, 2026
Non-Final Rejection mailed — §103, §112
Apr 08, 2026
Applicant Interview (Telephonic)
Apr 09, 2026
Examiner Interview Summary
Apr 14, 2026
Response Filed
Jul 06, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
26%
Grant Probability
62%
With Interview (+35.4%)
3y 9m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 72 resolved cases by this examiner. Grant probability derived from career allowance rate.

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