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 .
Claim Rejections - 35 USC § 112
Claim 9 is 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.
Claim 9 recites the limitation "the at least one determined operating parameter" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 3, 4, 5, 6, 8, 14, 15, 17, 18, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lezec et al. U.S. PGPUB No. 2003/0085352.
Regarding claim 1, Lezec discloses an apparatus for analyzing and/or processing a sample with a particle beam (“The source typically is capable of being focused into a sub-one-tenth micron wide beam at specimen 22 for either modifying the surface 22 by ion milling, enhanced etch, material deposition, or for the purpose of imaging the surface 22” [0072]), comprising: a providing unit 8 for providing the particle beam 18, the providing unit having an opening 62 for the particle beam to pass through to the sample (“Ion beam 18 passes from source 14 through column 16 and between electrostatic deflection mechanism schematically indicated at 20 toward specimen 22, which comprises, for example, a semiconductor device positioned on movable X-Y stage 24 within lower chamber 26” [0070]); and a test structure 22 attached to the providing unit 8 (a test structure that is a calibration specimen is interchangeable with a specimen: “Once accurate focus is achieved, the calibration specimen is removed and the specimen to be analyzed or treated is placed in the plane of focus” [0008]), the test structure 22 being arranged inside or adjacent to the opening 62 of the providing unit 8; wherein the apparatus is configured for implementing an etching process and/or a deposition process on the test structure 22 using the particle beam 18 (“The FIB system can then alter the exposed circuit by cutting conductive traces to break electrical connections or by depositing conductive material to provide new electrical connections” [0005] – “an aliased image calibration specimen comprising an array of targets for calibration of a scanned beam system as described above may be etched or deposited on a wafer during the process of etching or deposition of integrated circuitry structure on the wafer” [0142]).
Regarding claim 2, Lezec discloses a determining unit (“An operator viewing the image may adjust the voltages applied to the various control elements to focus the beam and adjust the beam for various aberrations” [0076]) for determining at least one current operating parameter and/or process parameter of the apparatus depending on an interaction of the particle beam with the test structure on which the etching process and/or a deposition process has been implemented (“In a conventional method for focusing the beam, a calibration specimen is prepared consisting of an etched region or region of deposited material to form a target of well-defined shape upon which to focus the beam. When the beam is properly focused, the target shape will appear on a visual display in high contrast to the surrounding specimen surface. Once accurate focus is achieved, the calibration specimen is removed and the specimen to be analyzed or treated is placed in the plane of focus” [0008]).
Regarding claim 3, Lezec discloses that the test structure 22 is arranged inside an inner volume 26 defined by the providing unit 8 (as illustrated in figure 1).
“specimen 22, which comprises, for example, a semiconductor device positioned on movable X-Y stage 24 within lower chamber 26” [0070] – “A door 60 is opened for inserting specimen 22 on stage 24” [0074] – “Once accurate focus is achieved, the calibration specimen is removed and the specimen to be analyzed or treated is placed in the plane of focus” [0008].
Regarding claim 4, Lezec discloses an electron microscope (“it will be understood that the methods of the present invention may also be employed in other scanned systems, such as electron beam systems including scanning electron microscopes and scanning transmission electron microscopes” [0069]), wherein the test structure is arranged within a depth of field of the electron microscope (“the beam must be accurately focused and compensated for aberrations to provide a useful image of the specimen surface for visual or automated analysis” [0008]).
Regarding claim 5, Lezec discloses the test structure on which the etching process and/or the deposition process has been implemented (“an aliased image calibration specimen comprising an array of targets for calibration of a scanned beam system as described above may be etched or deposited on a wafer during the process of etching or deposition of integrated circuitry structure on the wafer” [0142]).
Regarding claim 6, Lezec discloses a process gas providing unit 46 (“A fluid delivery system 46 optionally extends into lower chamber 26 for introducing and directing a gaseous vapor toward sample 22” [0073]) for providing a process gas to the test structure to implement the etching process and/or the deposition process thereon using the particle beam (“etching or deposition is caused by a physical or chemical reaction of the beam ions with the specimen and occurs at a rate that is largely dependent upon the constituent ions of the beam, the presence and type of etch enhancing or deposition precursor gases, and the beam current” [0005]).
Regarding claim 8, Lezec discloses an aligning unit 20 for aligning the particle beam and the test structure relative to each other such that the particle beam is incident on the test structure (“Deflection controller and amplifier 36, operated in accordance with a prescribed pattern provided by pattern generator 38, is coupled to deflection plates 20 whereby beam 18 may be controlled to trace out a corresponding pattern on the upper surface of specimen 22” [0071]).
Regarding claim 14, Lezec discloses a test structure and a sample (“Once accurate focus is achieved, the calibration specimen is removed and the specimen to be analyzed or treated is placed in the plane of focus” [0008]).
Regarding claim 15, Lezec discloses that the apparatus is configured for implementing an etching process and/or a deposition process on the sample using the particle beam (“modifying the surface 22 by ion milling, enhanced etch, material deposition, or for the purpose of imaging the surface 22” [0072]).
Regarding claim 17, Lezec discloses a method for providing a test structure in an apparatus for analyzing and/or processing a sample with a particle beam (“The source typically is capable of being focused into a sub-one-tenth micron wide beam at specimen 22 for either modifying the surface 22 by ion milling, enhanced etch, material deposition, or for the purpose of imaging the surface 22” [0072]), wherein the apparatus comprises: a providing unit 8 being configured for providing the particle beam 18, the providing unit having an opening 62 for the particle beam 18 to pass through to the sample 22 (“Ion beam 18 passes from source 14 through column 16 and between electrostatic deflection mechanism schematically indicated at 20 toward specimen 22, which comprises, for example, a semiconductor device positioned on movable X-Y stage 24 within lower chamber 26” [0070]); and the test structure 22 attached to the providing unit 8 (a test structure that is a calibration specimen is interchangeable with a specimen: “Once accurate focus is achieved, the calibration specimen is removed and the specimen to be analyzed or treated is placed in the plane of focus” [0008]), the test structure 22 being arranged inside or adjacent to the opening 62 of the providing unit 8 (as illustrated in figure 1); wherein the method comprises: implementing an etching process and/or a deposition process on the test structure using the particle beam (“The FIB system can then alter the exposed circuit by cutting conductive traces to break electrical connections or by depositing conductive material to provide new electrical connections” [0005] – “an aliased image calibration specimen comprising an array of targets for calibration of a scanned beam system as described above may be etched or deposited on a wafer during the process of etching or deposition of integrated circuitry structure on the wafer” [0142]).
Regarding claim 18, Lezec discloses detecting an interaction of the particle beam with the test structure (“A charged particle multiplier 40 used for detecting secondary ion or electron emission for imaging is connected to video circuit and amplifier 42, the latter supplying drive for video monitor 44 also receiving deflection signals from controller 36” [0072]); and determining at least one current operating parameter and/or process parameter of the apparatus depending on the interaction detected (“Once accurate focus is achieved, the calibration specimen is removed and the specimen to be analyzed or treated is placed in the plane of focus” [0008]).
Regarding claim 19, Lezec discloses that the test structure 22 is arranged inside an inner volume 26 defined by the providing unit 8.
Regarding claim 20, Lezec discloses an electron microscope (“it will be understood that the methods of the present invention may also be employed in other scanned systems, such as electron beam systems including scanning electron microscopes and scanning transmission electron microscopes” [0069]), wherein the test structure is arranged within a depth of field of the electron microscope (“the beam must be accurately focused and compensated for aberrations to provide a useful image of the specimen surface for visual or automated analysis” [0008]).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lezec et al. U.S. PGPUB No. 2003/0085352 in view of Golla-Schindler et al. U.S. PGPUB No. 2003/0230713.
Regarding claim 7, Lezec discloses the claimed invention except that while Lezec discloses that “it will be understood that the methods of the present invention may also be employed in other scanned systems, such as electron beam systems including scanning electron microscopes and scanning transmission electron microscopes” [0069], Lezec does not disclose a shielding element for electrical and/or magnetic shielding, wherein the shielding element has a through opening for the particle beam to pass through to the sample, wherein the shielding element and/or a holding element for holding the shielding element comprises the test structure.
Golla-Schindler discloses an apparatus for analyzing and/or processing a sample with a particle beam, comprising: a shielding element for electrical and/or magnetic shielding, wherein the shielding element has a through opening for the particle beam to pass through to the sample, wherein the shielding element and/or a holding element for holding the shielding element comprises the test structure (“The specimen holder is preferably mounted in a shielding unit and the diaphragm is accommodated on the base body at the side facing away from the specimen holder. The shielding unit ensures that only those electrons exiting the specimen can reach the detector which have passed the diaphragm opening” [0010]).
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 Lezec with the shielding element of Golla-Schindler in order to enhance the formation of images of a test structure by directing secondary electrons only to a desired detector region so that the secondary electrons do not interfere with the charge(s) of a primary particle beam.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lezec et al. U.S. PGPUB No. 2003/0085352 in view of Nishida et al. U.S. PGPUB No. 2014/0168629.
Regarding claim 9, Lezec discloses “focused ion beam systems… used in manufacturing operations because of their ability to image, etch, mill, deposit and analyze with great precision” [0003], but does not disclose determining telecentricity of a providing unit.
Nishida discloses a particle beam drawing device (“Provided is a drawing apparatus including a plurality of drawing devices each of which is configured to draw a pattern on a substrate with a plurality of charged particle beams” [Abstract]) that determines telecentricity of a particle beam (“the main controller C1 measures the degree of telecentricity of a plurality of electron beams (step S100) in advance before carrying out a series of drawing processing steps from carrying-in to carrying-out of the wafer 9” [0039]) in order to correct positional shift of a beam (“the main controller C1 calculates the positional shift amount of each electron beam on the surface of the wafer 9 based on the telecentricity map acquired and stored in step S101 and information about the flatness of the wafer 9 obtained in step S104 (step S105)” [0042]).
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 Lezec with the telecentricity measurement/positional correction of Nishida in order to ensure that a particle beam is steered to a desired portion of the sample when forming a pattern on the sample, thereby ensuring a desired resolution of the pattern on the sample.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lezec et al. U.S. PGPUB No. 2003/0085352 in view of Itou et al. U.S. PGPUB No. 2010/0102225.
Regarding claim 16, Lezec discloses the claimed invention except that while Lezec discloses that “it will be understood that the methods of the present invention may also be employed in other scanned systems, such as electron beam systems including scanning electron microscopes and scanning transmission electron microscopes” [0069], and that “Once accurate focus is achieved, the calibration specimen is removed and the specimen to be analyzed or treated is placed in the plane of focus” [0008], Lezec does not disclose that at least a portion of the test structure and at least a portion of the sample have an identical material composition.
Itou discloses a charged particle beam inspection apparatus (“A charged particle beam inspection apparatus” [Abstract]) including calibrating the charged particle beam device using a calibration sample, wherein “The calibration sample is made of the same material as the sample 7 which is a measurement target” [0062].
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 Lezec with the calibration target material of Itou in order to perform an accurate calibration of the device by simulating, as closely as possible, the sample before irradiating the sample.
Allowable Subject Matter
Claims 10, 11, 12, and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 10, Lezec et al. U.S. PGPUB No. 2003/0085352 discloses an apparatus for analyzing and/or processing a sample with a particle beam (“The source typically is capable of being focused into a sub-one-tenth micron wide beam at specimen 22 for either modifying the surface 22 by ion milling, enhanced etch, material deposition, or for the purpose of imaging the surface 22” [0072]), comprising: a providing unit 8 for providing the particle beam 18, the providing unit having an opening 62 for the particle beam to pass through to the sample (“Ion beam 18 passes from source 14 through column 16 and between electrostatic deflection mechanism schematically indicated at 20 toward specimen 22, which comprises, for example, a semiconductor device positioned on movable X-Y stage 24 within lower chamber 26” [0070]); and a test structure 22 attached to the providing unit 8 (a test structure that is a calibration specimen is interchangeable with a specimen: “Once accurate focus is achieved, the calibration specimen is removed and the specimen to be analyzed or treated is placed in the plane of focus” [0008]), the test structure 22 being arranged inside or adjacent to the opening 62 of the providing unit 8; wherein the apparatus is configured for implementing an etching process and/or a deposition process on the test structure 22 using the particle beam 18 (“The FIB system can then alter the exposed circuit by cutting conductive traces to break electrical connections or by depositing conductive material to provide new electrical connections” [0005] – “an aliased image calibration specimen comprising an array of targets for calibration of a scanned beam system as described above may be etched or deposited on a wafer during the process of etching or deposition of integrated circuitry structure on the wafer” [0142]). However, Lezec does not disclose an exciter unit for inducing the test structure to mechanically vibrate, a detecting unit for detecting a vibration property of at least the test structure, and a determining unit for determining at least one current operating parameter and/or process parameter of the apparatus depending on the vibration property detected.
Adachi et al. U.S. PGPUB No. 2004/0129897 discloses an apparatus for ion beam deposition (“Processing and deposition are carried out using an ion beam from the FIB irradiation optical system 2” [0054]). However, although Adachi discloses a test structure formed on a cantilever (“a specific site of a wafer, being the original sample 5, is processed by an FIB from the FIB irradiation optical system 202 to form a cantilever shaped test piece” [0017]), Adachi teaches away from deliberately inducing vibrations on a test structure (“because the stroke of the sample movement mechanism 206 will be made longer, there is a danger of FIB processing precision being lowered due to vibration” [0027]).
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, an apparatus for analyzing and/or processing a sample with a particle beam, comprising: an exciter unit for inducing a test structure to mechanically vibrate, a detecting unit for detecting a vibration property of at least the test structure, and a determining unit for determining at least one current operating parameter and/or process parameter of the apparatus depending on the vibration property detected; wherein the apparatus is configured for implementing an etching process and/or a deposition process on the test structure using the particle beam.
Regarding claims 11, 12, and 13; these claims would be allowable at least for their dependence upon claim 10.
Conclusion
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/JASON L MCCORMACK/Examiner, Art Unit 2881