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 .
Summary
This action is responsive to the application filed on 12/22/2023. Applicant has submitted Claims 1-20 for examination.
Examiner finds the following: 1) Claims 1-20 are rejected; 2) no claims objected to; and 3) no claims allowable.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of Application No. KR10-2023-0105272, filed on 08/11/2023, has been filed in this matter.
Claim Interpretation
Generally: The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-11, 13-14, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (US 20230028347 A1).
Regarding Claim 1, Park discloses:
A method of manufacturing a semiconductor device using a semiconductor measurement apparatus comprises:
extracting an interference pattern using a microsphere (Park, FIG. 3, [0064], “the controller 180 may acquire first position information on a pre-calculated focal point F in response to the first wavelength of the received first light L1. The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”); and
measuring a distance between a specimen and the microsphere, based on the interference pattern (Park, FIG. 3, [0064], “the controller 180 may acquire first position information on a pre-calculated focal point F in response to the first wavelength of the received first light L1. The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”).
Regarding Claim 2, Park discloses Claim 1, and Park further discloses:
… further comprising: setting a measurement position of a microsphere-objective lens (Park, FIG. 3, [0064], “The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”).
Regarding Claim 3, Park discloses Claim 1, and Park further discloses:
… wherein the extracting the interference pattern includes:
measuring a first spectrum (Park, FIG. 1, [0067], reflected light RL detected by detector 150 at first position);
moving a microsphere-objective lens structure including the microsphere and an objective lens in a direction that is perpendicular to a surface of the specimen (Parl, FIG. 3, [0066], “the controller 180 may adjust the position of each of the objective lens 130 and the microsphere 140 in the vertical direction DR3 by using the first position information (S123). In detail, the controller 180 may control the objective lens driving unit 135 to adjust the position of the objective lens 130 in the vertical direction DR3. Further, the controller 180 may control the microsphere driving unit 145 to adjust the position of the microsphere 140 in the vertical direction DR3”);
measuring a second spectrum (Park, FIG. 1, [0067], reflected light RL detected by detector 150 at second position);
calculating a spectral difference between the first spectrum and the second spectrum (Park, FIG. 5, [0065], “the controller 180 may adjust the position of each of the objective lens 130 and the microsphere 140 in the vertical direction DR3 by using the first position information (S123). In detail, the controller 180 may control the objective lens driving unit 135 to adjust the position of the objective lens 130 in the vertical direction DR3. Further, the controller 180 may control the microsphere driving unit 145 to adjust the position of the microsphere 140 in the vertical direction DR3”); and
calculating the interference pattern corresponding to the spectral difference (Park, [0073], “the semiconductor pattern P formed on the substrate 10 may be inspected by sequentially using three or more kinds of light, which have different wavelengths extracted from the light source 110”).
Regarding Claim 5, Park discloses Claim 1, and Park further discloses:
… wherein the measuring the distance includes:
comparing the calculated interference pattern and a reference pattern to each other (Park, [0073], “the semiconductor pattern P formed on the substrate 10 may be inspected by sequentially using three or more kinds of light, which have different wavelengths extracted from the light source 110”); and
calculating the distance between the microsphere and the specimen corresponding to a comparison result (Park, [0073], “the semiconductor pattern P formed on the substrate 10 may be inspected by sequentially using three or more kinds of light, which have different wavelengths extracted from the light source 110”).
Regarding Claim 6, Park discloses Claim 5, and Park further discloses:
… further comprising: setting the reference pattern (Park, FIG. 3, ]0040], “The focal point F may be formed on a surface of the semiconductor pattern P formed on the substrate 10”).
Regarding Claim 7, Park discloses Claim 1, and Park further discloses:
… wherein the microsphere has a form of at least one of a sphere, a hemisphere, or a rod (Park, FIG. 3, see figure).
Regarding Claim 8, Park discloses Claim 1, and Park further discloses:
…wherein the microsphere is fixed to a lower portion of an objective lens by a fixed distance (Parl, FIG. 3, [0066], “the controller 180 may adjust the position of each of the objective lens 130 and the microsphere 140 in the vertical direction DR3 by using the first position information (S123). In detail, the controller 180 may control the objective lens driving unit 135 to adjust the position of the objective lens 130 in the vertical direction DR3. Further, the controller 180 may control the microsphere driving unit 145 to adjust the position of the microsphere 140 in the vertical direction DR3”).
Regarding Claim 9, Park discloses Claim 1, and Park further discloses:
… further comprising: performing a spot scanning operation while maintaining a height of a microsphere- objective lens that includes the microsphere and an objective lens (Parl, FIG. 3, [0066], “the controller 180 may adjust the position of each of the objective lens 130 and the microsphere 140 in the vertical direction DR3 by using the first position information (S123). In detail, the controller 180 may control the objective lens driving unit 135 to adjust the position of the objective lens 130 in the vertical direction DR3. Further, the controller 180 may control the microsphere driving unit 145 to adjust the position of the microsphere 140 in the vertical direction DR3”).
Regarding Claim 10, Park discloses Claim 9, and Park further discloses:
… further comprising:
measuring a position of a scanner and a microsphere-specimen distance in the spot scanning operation (Park, FIG. 3, [0064], “the controller 180 may acquire first position information on a pre-calculated focal point F in response to the first wavelength of the received first light L1. The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”); and
compensating for an error in the microsphere-specimen distance corresponding to the position of the scanner (Parl, FIG. 3, [0066], “the controller 180 may adjust the position of each of the objective lens 130 and the microsphere 140 in the vertical direction DR3 by using the first position information (S123). In detail, the controller 180 may control the objective lens driving unit 135 to adjust the position of the objective lens 130 in the vertical direction DR3. Further, the controller 180 may control the microsphere driving unit 145 to adjust the position of the microsphere 140 in the vertical direction DR3”).
Regarding Claim 11, Park discloses:
A method of manufacturing a semiconductor device using a semiconductor measurement apparatus, the method comprising:
performing a spot scanning operation on a specimen while moving a scanner having a microsphere-objective lens (Park, FIG. 3, [0064], “the controller 180 may acquire first position information on a pre-calculated focal point F in response to the first wavelength of the received first light L1. The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”);
measuring a microsphere-to-specimen distance, based on an interference pattern generated in the spot scanning operation (Park, FIG. 3, [0064], “the controller 180 may acquire first position information on a pre-calculated focal point F in response to the first wavelength of the received first light L1. The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”); and
compensating for an error of the scanner in the microsphere-to-specimen distance (Parl, FIG. 3, [0066], “the controller 180 may adjust the position of each of the objective lens 130 and the microsphere 140 in the vertical direction DR3 by using the first position information (S123). In detail, the controller 180 may control the objective lens driving unit 135 to adjust the position of the objective lens 130 in the vertical direction DR3. Further, the controller 180 may control the microsphere driving unit 145 to adjust the position of the microsphere 140 in the vertical direction DR3”).
Regarding Claim 13, Park discloses Claim 11, and Park further discloses:
… wherein the measuring the microsphere-to-specimen distance includes:
measuring a spectrum of light reflected from a surface of the specimen (Park, FIG. 1, [0067], reflected light RL detected by detector 150 at first position);
extracting an interference pattern from the measured spectrum (Park, FIG. 3, [0064], “The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”);
comparing a reference pattern and the extracted interference pattern to each other (Park, [0073], “the semiconductor pattern P formed on the substrate 10 may be inspected by sequentially using three or more kinds of light, which have different wavelengths extracted from the light source 110”); and
calculating the microsphere-to-specimen distance, based on a comparison result (Park, FIG. 5, [0065], “the controller 180 may adjust the position of each of the objective lens 130 and the microsphere 140 in the vertical direction DR3 by using the first position information (S123). In detail, the controller 180 may control the objective lens driving unit 135 to adjust the position of the objective lens 130 in the vertical direction DR3. Further, the controller 180 may control the microsphere driving unit 145 to adjust the position of the microsphere 140 in the vertical direction DR3”).
Regarding Claim 14, Park discloses Claim 11, and Park further discloses:
… wherein real-time distance measurement reduces collision with the specimen due to at least one of a stage vibration or a change in specimen height (Park, [0073], “the semiconductor pattern P formed on the substrate 10 may be inspected by sequentially using three or more kinds of light, which have different wavelengths extracted from the light source 110,” and [0054], stage 100).
Examiner notes that measuring the height and the change in height is patentable, but to ascribe “reduces collision” is suggestive of use and non-limiting.
Regarding Claim 16, Park discloses:
A method of manufacturing a semiconductor device using a semiconductor measurement apparatus, the method comprising:
extracting an interference pattern for light reflected from a specimen by using a microsphere (Park, FIG. 3, [0064], “the controller 180 may acquire first position information on a pre-calculated focal point F in response to the first wavelength of the received first light L1. The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”); and
determining at least one of a distance to the specimen, a height of the specimen, or a thickness of the specimen, based on a spectrum through the microsphere-objective lens corresponding to the interference pattern (Park, FIG. 3, [0064], “the controller 180 may acquire first position information on a pre-calculated focal point F in response to the first wavelength of the received first light L1. The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”).
Regarding Claim 17, Park discloses Claim 16, and Park further discloses:
… further comprising: determining a focal position, based on the spectrum measured on a surface of the specimen (Park, FIG. 3, [0064], “the controller 180 may acquire first position information on a pre-calculated focal point F in response to the first wavelength of the received first light L1. The first position information may include position information of the objective lens 130 in the vertical direction DR3 and position information of the microsphere 140 in the vertical direction DR3 so that the pre-calculated focal point F is formed on the surface of the semiconductor pattern P formed on the substrate 10 in response to the first wavelength of the first light L1”).
Regarding Claim 18, Park discloses Claim 16, and Park further discloses:
… further comprising: comparing the interference pattern and a reference pattern to each other (Park, [0073], “the semiconductor pattern P formed on the substrate 10 may be inspected by sequentially using three or more kinds of light, which have different wavelengths extracted from the light source 110”).
Regarding Claim 19, Park discloses Claim 18, and Park further discloses:
… further comprising: obtaining the reference pattern, based on data measured to reflect properties of at least one of an optical system, a spectrometer, or a stage (Park, [0073], “the semiconductor pattern P formed on the substrate 10 may be inspected by sequentially using three or more kinds of light, which have different wavelengths extracted from the light source 110,” and [0054], stage 100).
Regarding Claim 20, Park discloses Claim 16, and Park further discloses:
… further comprising: compensating for an error in an microsphere-to-specimen distance to correspond to a position of a scanner (Park, FIG. 5, [0065], “the controller 180 may adjust the position of each of the objective lens 130 and the microsphere 140 in the vertical direction DR3 by using the first position information (S123). In detail, the controller 180 may control the objective lens driving unit 135 to adjust the position of the objective lens 130 in the vertical direction DR3. Further, the controller 180 may control the microsphere driving unit 145 to adjust the position of the microsphere 140 in the vertical direction DR3”).
Claim Rejections - 35 USC § 103
14. 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.
15. 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.
16. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 4, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 20230028347 A1).
Regarding Claim 4, Park discloses Claim 3, but does not explicitly disclose:
… wherein the moving the microsphere-objective lens includes moving the microsphere-objective lens with a lead zirconate titanate (PZT) actuator by 10 nm or less.
The material used for the actuator or the precise distance moved are result-effective variables. In that, if the material is not proper for the purpose or the precision of the movement is not proper, the device would not function properly.
Therefore, it would have been obvious to PHOSITA before Applicant’s filing date to include “wherein the moving the microsphere-objective lens includes moving the microsphere-objective lens with a lead zirconate titanate (PZT) actuator by 10 nm or less,” since determining the optimum material and precision is based on result effective variables and would require routine skill in the art. Furthermore, it has been held that that determining the optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II (A) and (B)).
Regarding Claim 12, Park discloses Claim 11, but does not explicitly disclose:
… wherein the performing the spot scanning operation includes moving the scanner using a lead zirconate titanate (PZT) actuator.
The material used for the actuator is a result-effective variables. In that, if the material is not proper for the purpose, the device would not function properly.
Therefore, it would have been obvious to PHOSITA before Applicant’s filing date to include “wherein the performing the spot scanning operation includes moving the scanner using a lead zirconate titanate (PZT) actuator,” since determining the optimum material is based on a result effective variable and would require routine skill in the art. Furthermore, it has been held that that determining the optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II (A) and (B)).
Regarding Claim 15, Park discloses Claim 11, but does not explicitly disclose:
… wherein the spot scanning operation has a resolution corresponding to a spot of 100 nm or less.
The resolution is a result-effective variables. In that, if the resolution is not proper for the purpose, the device would not function properly.
Therefore, it would have been obvious to PHOSITA before Applicant’s filing date to include “wherein the spot scanning operation has a resolution corresponding to a spot of 100 nm or less,” since determining the optimum resolution is based on a result effective variable and would require routine skill in the art. Furthermore, it has been held that that determining the optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II (A) and (B)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD A REVERMAN whose telephone number is (571)270-0079. The examiner can normally be reached Mon-Fri 9-5 EST.
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/CHAD ANDREW REVERMAN/Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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