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) 1-3, 5-10, and 13-20 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, 2, 3, 5, 6, 7, 13, 14, 15, 17, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lindsay et al. U.S. PGPUB No. 2023/0273136 in view of Shichi et al. U.S. PGPUB No. 2006/0065854.
Regarding claim 1, Lindsay discloses an apparatus for manufacturing a semiconductor device, the apparatus comprising: an electron gun 40 configured to generate an input electron beam 41 and irradiate a sample 10 with the input electron beam 41 (“the electron beam 41 is approximately perpendicular to the first face 12 of the sample 10” [0062]); an ion beam device 30 configured to generate an ion beam 31 and irradiate the sample 10 with the ion beam 31 (“the focussed ion beam 31 is approximately parallel with the first face 12 of the sample 10” [0090]); and a detector configured to detect emitted electrons from the sample to capture images of the sample (“an electron detector configured to collect scattered electrons from the electron transparent sample layer to provide an electron intensity image” [0033]) simultaneously when the sample is irradiated by the ion beam (“a focussed ion beam system 30 and an electron beam system 40 to allow for simultaneous imaging and milling of the sample 10” [0061]): a stage configured to support and rotate the sample (“a sample holder configured to move the sample relative to the electron beam system” [0036] – “As shown in FIG. 1B sample 10 is then rotated to allow for FIB milling on the adjacent second face 13 of the sample” [0063]). However, Lindsay does not disclose a processor programmed to repeatedly control the stage to rotate the sample, based on target orientation information and current orientation information from the sample determined from a current image of the sample, until a difference between the current orientation information from the sample and the target orientation information is within process specifications.
Shichi discloses an apparatus for manufacturing a semiconductor device (“the manufacture of electronic components, such as semiconductor devices” [0002]), the apparatus comprising: an electron gun 7 configured to generate an input electron beam 8 and irradiate a sample 11 with the input electron beam 8 (“The electron beam 8 emitted by the electron gun 7 is converged, and irradiates the sample 11” [0058]); an ion beam device 31 configured to generate an ion beam and irradiate the sample 11 with the ion beam (“the ion beam is made to scan the rectangular area on the sample by the ion beam scanning deflector 34” [0056]); and a detector 12 configured to detect emitted electrons from the sample 11 to capture images of the sample (“the secondary particle detector 12 detects the secondary electrons emitted from the sample cross- section, and if the intensity is converted into an image luminosity, the sample cross-section can be observed” [0058]): a stage 13 configured to support and rotate the sample 11 (“sample stage 13 on which a sample 11 is placed “ [0094] – “the sample stage can also be rotated automatically” [0053]); and a processor programmed to repeatedly control the stage to rotate the sample (“the sample stage can also be rotated automatically” [0053]), based on target orientation information and current orientation information from the sample determined from a current image of the sample, until a difference between the current orientation information from the sample and the target orientation information is within process specifications (“FIG. 5A shows a typical display 401 of the central processing unit 85… on this screen, it is seen that the broken line is inclined at an angle θ to the Y direction. While the operator observes the screen, the sample stage is rotated until the broken line is parallel to the Y direction. By inputting position data concerning the broken line in FIG. 5A, the rotation angle can be calculated by the central processing unit, and the sample stage can also be rotated automatically” [0053]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Lindsay with the automated sample rotation of Shichi in order to ensure desired alignment of a sample specimen prior to any processing of the sample so that such processing is performed only in the desired orientation, thereby reducing errors in such processing.
Regarding claim 2, Lindsay discloses that the detector is configured to detect emitted electrons from the sample that were substantially delivered to the sample by the input electron beam (“the focused electron beam 41 is directed through the electron transparent surface layer 15 and the scattered electrons 42 emerging from the first surface 12 of the sample 10 are collected with the electron imaging detector 43” [0072]), the sample includes a substrate and a plurality of material layers positioned on the substrate (“The first face of the sample may comprise a polycrystalline surface layer” [0026] – “depositing a protective layer on the second face of the sample using electron beam deposition prior to the milling step” [0027]), and the detector obtains an image of the substrate (“the sample can be oriented with the first face 12 perpendicular to the electron beam 41 to allow for various characterisation techniques to be carried out on the sample surface, including secondary electron and backscatter electron imaging” [0088]).
Regarding claim 3, Lindsay discloses that the detector measures a Kikuchi pattern of the substrate (“analysing a collected signal to identify one or more Kikuchi bands and preferably determine a crystallographic orientation of the sample or a part of the sample” [0034]).
Regarding claim 4, Lindsay discloses a stage (“sample holder” [0091]) configured to support and rotate the sample (“the apparatus preferably includes a sample holder allowing the sample to be tilted between each of the orientations of FIG. 6A to 6E, i.e. allowing tilt of 0 to 160 degrees” [0091]).
Regarding claim 5, Lindsay discloses that the input electron beam is incident upon the sample in a vertical direction (as illustrated in figure 1B), and the input electron beam and the ion beam are arranged at a first angle of about 45 degrees to about 55 degrees (“For conventional orientations of the FIB 30 relative to the electron beam system 40 of around 50-60 degrees” [0063]).
Regarding claim 6, Lindsay discloses that the emitted electrons and a horizontal direction, which is perpendicular to a vertical direction in parallel with an incident direction of the input electron beam, are arranged at a second angle of about 15 degrees to about 25 degrees (“For conventional orientations of the FIB 30 relative to the electron beam system 40 of around 50-60 degrees” [0063] – “a sample holder allowing the sample to be tilted between each of the orientations of FIG. 6A to 6E, i.e. allowing tilt of 0 to 160 degrees” [0091]).
Regarding claim 7, Lindsay discloses an apparatus for manufacturing a semiconductor device, the apparatus comprising: a scanning electron microscope (“a region of interest 11 to be used for preparation of the sample is identified using plan view SEM imaging” [0062]) configured to generate an input electron beam 41 and irradiate a sample 10 with the input electron beam (“the electron beam 41 is approximately perpendicular to the first face 12 of the sample 10” [0062]), and including a detector configured to detect emitted electrons from the sample (“an electron detector configured to collect scattered electrons from the electron transparent sample layer to provide an electron intensity image” [0033]); an ion beam device 30 configured to generate an ion beam 31 and irradiate the sample 10 with the ion beam 31 (“the focussed ion beam 31 is approximately parallel with the first face 12 of the sample 10” [0090]); a stage configured to support and rotate the sample (“a sample holder configured to move the sample relative to the electron beam system” [0036] – “As shown in FIG. 1B sample 10 is then rotated to allow for FIB milling on the adjacent second face 13 of the sample” [0063]); and a processor (“a memory holding computer-readable instructions, that when executed, cause the apparatus to perform the method steps defined in the appended claims or set out in the above or below defined aspects of the invention” [0038]) configured to control the stage (“a sample holder configured to move the sample relative to the electron beam system” [0036] – “The sample 10 is preferably rotated such that the ion beam is approximately parallel to the first face 12 of the sample 10, as shown in FIG. 1B” [0063]) based on information obtained from the detector (“The apparatus further includes an electron beam system 40 for imaging and characterisation and one or more detectors 43, 44 for collecting the various signals… correctly orientating the sample 10 relative to the electron beam system 40, milling beam system 30, and detectors 43, 44” [0087]), wherein the detector includes an electron backscatter diffraction detector (“backscatter electron imaging” [0088]), wherein the detector is configured to detect the emitted electrons to capture images of the sample simultaneously when the sample is irradiated with the ion beam (“a focussed ion beam system 30 and an electron beam system 40 to allow for simultaneous imaging and milling of the sample 10” [0061]). However, Lindsay does not disclose that the processor is programmed to repeatedly control the stage to rotate the sample, based on target orientation information and current orientation information from the sample determined from a current image of the sample, until a difference between the current orientation information from the sample and the target orientation information is within process specifications.
Shichi discloses an apparatus for manufacturing a semiconductor device (“the manufacture of electronic components, such as semiconductor devices” [0002]), the apparatus comprising: an electron gun 7 configured to generate an input electron beam 8 and irradiate a sample 11 with the input electron beam 8 (“The electron beam 8 emitted by the electron gun 7 is converged, and irradiates the sample 11” [0058]); an ion beam device 31 configured to generate an ion beam and irradiate the sample 11 with the ion beam (“the ion beam is made to scan the rectangular area on the sample by the ion beam scanning deflector 34” [0056]); and a detector 12 configured to detect emitted electrons from the sample 11 to capture images of the sample (“the secondary particle detector 12 detects the secondary electrons emitted from the sample cross- section, and if the intensity is converted into an image luminosity, the sample cross-section can be observed” [0058]): a stage 13 configured to support and rotate the sample 11 (“sample stage 13 on which a sample 11 is placed “ [0094] – “the sample stage can also be rotated automatically” [0053]); and a processor programmed to repeatedly control the stage to rotate the sample (“the sample stage can also be rotated automatically” [0053]), based on target orientation information and current orientation information from the sample determined from a current image of the sample, until a difference between the current orientation information from the sample and the target orientation information is within process specifications (“FIG. 5A shows a typical display 401 of the central processing unit 85… on this screen, it is seen that the broken line is inclined at an angle θ to the Y direction. While the operator observes the screen, the sample stage is rotated until the broken line is parallel to the Y direction. By inputting position data concerning the broken line in FIG. 5A, the rotation angle can be calculated by the central processing unit, and the sample stage can also be rotated automatically” [0053]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Lindsay with the automated sample rotation of Shichi in order to ensure desired alignment of a sample specimen prior to any processing of the sample so that such processing is performed only in the desired orientation, thereby reducing errors in such processing.
Regarding claim 13, Lindsay discloses a method of manufacturing a semiconductor device by using a semiconductor manufacturing apparatus, the method comprising: capturing an image of a sample (“backscatter electron imaging” [0088]); measuring an orientation from the sample (“analysing a collected signal to identify one or more Kikuchi bands and preferably determine a crystallographic orientation of the sample or a part of the sample” [0034]); wherein the semiconductor manufacturing apparatus includes: a scanning electron microscope (“using a FIB-SEM” [0061]) configured to generate an input electron beam 41 and irradiate the sample 10 with the input electron beam 41, and including a detector 43 configured to detect emitted electrons from the sample 10 (“the scattered electrons 42 emerging from the first surface 12 of the sample 10 are collected with the electron imaging detector 43” [0072]); an ion beam device (“using a FIB-SEM” [0061]) configured to generate an ion beam 31 and irradiate the sample 10 with the ion beam; a stage (“sample holder” [0091]) configured to support and rotate the sample (“the apparatus preferably includes a sample holder allowing the sample to be tilted between each of the orientations of FIG. 6A to 6E, i.e. allowing tilt of 0 to 160 degrees” [0091]); and a processor (“a memory holding computer-readable instructions, that when executed, cause the apparatus to perform the method steps defined in the appended claims or set out in the above or below defined aspects of the invention” [0038]) configured to control the stage (“a sample holder configured to move the sample relative to the electron beam system” [0036] – “The sample 10 is preferably rotated such that the ion beam is approximately parallel to the first face 12 of the sample 10, as shown in FIG. 1B” [0063]) based on information obtained from the detector (“The apparatus further includes an electron beam system 40 for imaging and characterisation and one or more detectors 43, 44 for collecting the various signals… correctly orientating the sample 10 relative to the electron beam system 40, milling beam system 30, and detectors 43, 44” [0087]), wherein the detector includes an electron backscatter diffraction detector (“backscatter electron imaging” [0088]), and wherein the detector is configured to detect the emitted electrons to capture images of the sample simultaneously when the sample is irradiated by the ion beam (“a focussed ion beam system 30 and an electron beam system 40 to allow for simultaneous imaging and milling of the sample 10” [0061]). Lindsay discloses the claimed invention except that there is no explicit disclosure of comparing a current orientation value from the sample with a target orientation value; and there is no explicit disclosure that the processor is programmed to repeatedly control the stage to rotate the sample, based on target orientation information and current orientation information from the sample determined from a current image of the sample, until a difference between the current orientation information from the sample and the target orientation information is within process specifications.
Shichi discloses an apparatus for manufacturing a semiconductor device (“the manufacture of electronic components, such as semiconductor devices” [0002]), the apparatus comprising: an electron gun 7 configured to generate an input electron beam 8 and irradiate a sample 11 with the input electron beam 8 (“The electron beam 8 emitted by the electron gun 7 is converged, and irradiates the sample 11” [0058]); an ion beam device 31 configured to generate an ion beam and irradiate the sample 11 with the ion beam (“the ion beam is made to scan the rectangular area on the sample by the ion beam scanning deflector 34” [0056]); and a detector 12 configured to detect emitted electrons from the sample 11 to capture images of the sample (“the secondary particle detector 12 detects the secondary electrons emitted from the sample cross- section, and if the intensity is converted into an image luminosity, the sample cross-section can be observed” [0058]): a stage 13 configured to support and rotate the sample 11 (“sample stage 13 on which a sample 11 is placed “ [0094] – “the sample stage can also be rotated automatically” [0053]); and a processor programmed to repeatedly control the stage to rotate the sample (“the sample stage can also be rotated automatically” [0053]), based on target orientation information and current orientation information from the sample determined from a current image of the sample, until a difference between the current orientation information from the sample and the target orientation information is within process specifications (“FIG. 5A shows a typical display 401 of the central processing unit 85… on this screen, it is seen that the broken line is inclined at an angle θ to the Y direction. While the operator observes the screen, the sample stage is rotated until the broken line is parallel to the Y direction. By inputting position data concerning the broken line in FIG. 5A, the rotation angle can be calculated by the central processing unit, and the sample stage can also be rotated automatically” [0053]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Lindsay with the automated sample rotation of Shichi in order to ensure desired alignment of a sample specimen prior to any processing of the sample so that such processing is performed only in the desired orientation, thereby reducing errors in such processing.
Regarding claim 14, Lindsay discloses that the detector is configured to detect the emitted electrons from the sample that were substantially delivered to the sample by the input electron beam (“As shown in FIG. 2, the sample 10 is oriented relative to the electron beam system 40 such that the focused electron beam 41 is directed through the electron transparent surface layer 15 and the scattered electrons 42 emerging from the first surface 12 of the sample 10 are collected with the electron imaging detector 43” [0072]).
Regarding claim 15, Lindsay discloses that the sample includes a substrate and a plurality of material layers positioned on the substrate, and the measuring of the pattern from the sample includes measuring the pattern of the substrate (“The first face of the sample may comprise a polycrystalline surface layer” [0026] – “depositing a protective layer on the second face of the sample using electron beam deposition prior to the milling step” [0027]).
Regarding claim 17, Lindsay discloses that the substrate has a thickness of 100 nm or more in a vertical direction (“The first face of the sample may comprise a polycrystalline surface layer, for example wherein the polycrystalline surface layer comprises a thickness of less than 100 nm and/or comprises nanocrystalline structures with dimensions less than 100 nm” [0026]).
Regarding claim 18, Lindsay illustrates in figure 1B that at least a portion of an upper surface of a substrate is exposed.
Regarding claim 20, Lindsay discloses that the input electron beam and the ion beam are arranged at a first angle, the emitted electrons and a horizontal direction, which is perpendicular to a vertical direction in parallel with an incident direction of the input electron beam (as illustrated in figure 1B), are arranged at a second angle, the sum of the first angle and the second angle is between about 60 degrees and about 80 degrees (“For conventional orientations of the FIB 30 relative to the electron beam system 40 of around 50-60 degrees” [0063] – “a sample holder allowing the sample to be tilted between each of the orientations of FIG. 6A to 6E, i.e. allowing tilt of 0 to 160 degrees” [0091]).
Claim(s) 8, 9, 10, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lindsay et al. U.S. PGPUB No. 2023/0273136 in view of Shichi et al. U.S. PGPUB No. 2006/0065854 in further view of Michael et al. U.S. Patent No. 6,326,619.
Regarding claim 8, Lindsay discloses the claimed invention, except that while Lindsay discloses (“analysing a collected signal to identify one or more Kikuchi bands and preferably determine a crystallographic orientation of the sample or a part of the sample” [0034]), Lindsay discloses the claimed invention except that there is no explicit disclosure that the processor includes a Kikuchi pattern recognition unit, a Kikuchi pattern comparison unit, an orientation comparison unit, and a correction unit.
Michael discloses a method of manufacturing a semiconductor device by using a semiconductor manufacturing apparatus, the method performed by a computer 40 having a processor 44, and the method comprising: capturing an image of a sample (“The electrons interact with a small volume of the material sample at the selected points, and diffracting crystals cause electron backscatter diffraction patterns or backscattered electron Kikuchi patterns (BEKPs) to form on a screen near the specimen. The BEKPs may be imaged through a video camera and digitized for further processing” [col. 2; lines 13-19]); measuring an orientation from the sample (“The present invention provides microstructural, morphological, elemental, orientation, and phase information, all from a single apparatus or instrument” [col. 4; lines 4-6]); and comparing a current orientation value from the sample with a target orientation value (“comparing the backscattered electron Kikuchi pattern of the sample with the calculated backscattered electron Kikuchi pattern using the line angles calculated from the database crystallography data to confirm the determination of the crystalline phase and crystalline characteristics of the sample” [col. 3; lines 39-44]), wherein: the measuring of the orientation from the sample includes: measuring a Kikuchi pattern from the sample; and comparing the Kikuchi pattern from the sample with a preset target Kikuchi pattern (“comparing the backscattered electron Kikuchi pattern of the sample with the calculated backscattered electron Kikuchi pattern using the line angles calculated from the database crystallography data to confirm the determination of the crystalline phase and crystalline characteristics of the sample” [col. 3; lines 39-44]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Lindsay and Shichi with the orientation comparison of Michael in order to fully evaluate the effectiveness of a process of manufacturing a semiconductor sample by comparing a measured result to a desired result.
Regarding claim 9, Lindsay discloses the claimed invention, except that while Lindsay discloses (“analysing a collected signal to identify one or more Kikuchi bands and preferably determine a crystallographic orientation of the sample or a part of the sample” [0034]), Lindsay discloses the claimed invention except that there is no explicit disclosure of a processor recognizing a Kikuchi pattern from the images of the sample captured by the detector.
Michael discloses a method of manufacturing a semiconductor device by using a semiconductor manufacturing apparatus, the method performed by a computer 40 having a processor 44, and the method comprising: capturing an image of a sample (“The electrons interact with a small volume of the material sample at the selected points, and diffracting crystals cause electron backscatter diffraction patterns or backscattered electron Kikuchi patterns (BEKPs) to form on a screen near the specimen. The BEKPs may be imaged through a video camera and digitized for further processing” [col. 2; lines 13-19]); measuring an orientation from the sample (“The present invention provides microstructural, morphological, elemental, orientation, and phase information, all from a single apparatus or instrument” [col. 4; lines 4-6]); and comparing a current orientation value from the sample with a target orientation value (“comparing the backscattered electron Kikuchi pattern of the sample with the calculated backscattered electron Kikuchi pattern using the line angles calculated from the database crystallography data to confirm the determination of the crystalline phase and crystalline characteristics of the sample” [col. 3; lines 39-44]), wherein: the measuring of the orientation from the sample includes: measuring a Kikuchi pattern from the sample; and comparing the Kikuchi pattern from the sample with a preset target Kikuchi pattern (“comparing the backscattered electron Kikuchi pattern of the sample with the calculated backscattered electron Kikuchi pattern using the line angles calculated from the database crystallography data to confirm the determination of the crystalline phase and crystalline characteristics of the sample” [col. 3; lines 39-44]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Lindsay and Shichi with the orientation comparison of Michael in order to fully evaluate the effectiveness of a process of manufacturing a semiconductor sample by comparing a measured result to a desired result.
Regarding claim 10, Lindsay discloses the claimed invention, except that while Lindsay discloses (“analysing a collected signal to identify one or more Kikuchi bands and preferably determine a crystallographic orientation of the sample or a part of the sample” [0034]), Lindsay discloses the claimed invention except that there is no explicit disclosure that the processor compares the recognized Kikuchi pattern with a preset Kikuchi pattern.
Michael discloses a method of manufacturing a semiconductor device by using a semiconductor manufacturing apparatus, the method performed by a computer 40 having a processor 44, and the method comprising: capturing an image of a sample (“The electrons interact with a small volume of the material sample at the selected points, and diffracting crystals cause electron backscatter diffraction patterns or backscattered electron Kikuchi patterns (BEKPs) to form on a screen near the specimen. The BEKPs may be imaged through a video camera and digitized for further processing” [col. 2; lines 13-19]); measuring an orientation from the sample (“The present invention provides microstructural, morphological, elemental, orientation, and phase information, all from a single apparatus or instrument” [col. 4; lines 4-6]); and comparing a current orientation value from the sample with a target orientation value (“comparing the backscattered electron Kikuchi pattern of the sample with the calculated backscattered electron Kikuchi pattern using the line angles calculated from the database crystallography data to confirm the determination of the crystalline phase and crystalline characteristics of the sample” [col. 3; lines 39-44]), wherein: the measuring of the orientation from the sample includes: measuring a Kikuchi pattern from the sample; and comparing the Kikuchi pattern from the sample with a preset target Kikuchi pattern (“comparing the backscattered electron Kikuchi pattern of the sample with the calculated backscattered electron Kikuchi pattern using the line angles calculated from the database crystallography data to confirm the determination of the crystalline phase and crystalline characteristics of the sample” [col. 3; lines 39-44]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Lindsay and Shichi with the orientation comparison of Michael in order to fully evaluate the effectiveness of a process of manufacturing a semiconductor sample by comparing a measured result to a desired result.
Regarding claim 19, Lindsay discloses the claimed invention, except that while Lindsay discloses (“analysing a collected signal to identify one or more Kikuchi bands and preferably determine a crystallographic orientation of the sample or a part of the sample” [0034]), Lindsay discloses the claimed invention except that there is no explicit disclosure that the measuring of the orientation from the sample includes: measuring a Kikuchi pattern from the sample; and comparing the Kikuchi pattern from the sample with a preset target Kikuchi pattern.
Michael discloses a method of manufacturing a semiconductor device by using a semiconductor manufacturing apparatus, the method performed by a computer 40 having a processor 44, and the method comprising: capturing an image of a sample (“The electrons interact with a small volume of the material sample at the selected points, and diffracting crystals cause electron backscatter diffraction patterns or backscattered electron Kikuchi patterns (BEKPs) to form on a screen near the specimen. The BEKPs may be imaged through a video camera and digitized for further processing” [col. 2; lines 13-19]); measuring an orientation from the sample (“The present invention provides microstructural, morphological, elemental, orientation, and phase information, all from a single apparatus or instrument” [col. 4; lines 4-6]); and comparing a current orientation value from the sample with a target orientation value (“comparing the backscattered electron Kikuchi pattern of the sample with the calculated backscattered electron Kikuchi pattern using the line angles calculated from the database crystallography data to confirm the determination of the crystalline phase and crystalline characteristics of the sample” [col. 3; lines 39-44]), wherein: the measuring of the orientation from the sample includes: measuring a Kikuchi pattern from the sample; and comparing the Kikuchi pattern from the sample with a preset target Kikuchi pattern (“comparing the backscattered electron Kikuchi pattern of the sample with the calculated backscattered electron Kikuchi pattern using the line angles calculated from the database crystallography data to confirm the determination of the crystalline phase and crystalline characteristics of the sample” [col. 3; lines 39-44]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Lindsay and Shichi with the orientation comparison of Michael in order to fully evaluate the effectiveness of a process of manufacturing a semiconductor sample by comparing a measured result to a desired result.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lindsay et al. U.S. PGPUB No. 2023/0273136 in view of Shichi et al. U.S. PGPUB No. 2006/0065854 in further view of Kimura et al. U.S. PGPUB No. 2015/0303030.
Regarding claim 16, Lindsay discloses the claimed invention except that while Lindsay discloses “electron backscatter diffraction (EBSD) hardware within the SEM” [0068] utilized for “the characterization of polycrystalline thin films” [0004], there is no explicit disclosure that the substrate includes a single crystal material.
Kimura discloses “a scanning electron microscope comprising a detector to detect an electron backscattered pattern” [0084] wherein “the sample is… a single-crystal substrate” [Claim 3].
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Lindsay and Shichi for analyzing the sample of Kimura in order to utilize such a device for imaging a range of different samples having different crystalline structures.
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 JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/ Examiner, Art Unit 2881