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 filed 09/25/25 have been fully considered but they are not persuasive. Applicant's arguments on the Prior Art Rejections:
a) Applicant argued pages 5-6 that the combination of Li et al (Li) and Kandel et al (Kandel) does not teach the feature “the patterned region of the sample only with illumination light of a first linear polarization; and collecting fight from the patterned region of the sample and haying another polarization that differs from the single first linear polarization and differs from a second linear polarization ... illuminating the patterned region of the sample only with illumination light of the second linear polarization; and collecting light from the patterned region of the sample and having a further polarization that differs from the first linear polarization and from the second linear polarization” as recited in amended claim 1.
Examiner's answer:
The Examiner respectfully disagrees. The Office Action has shown clearly that the asserted both
of Li and Kandel references teach or suggest "each and every element" of claimed invention (See OA, claim 1).
It is respectfully pointed out to applicant that, as stated in the previous Office action, both of
Li and Kandel discloses clearly the claimed language of the present invention recited as in claim 1 with feature "the patterned region of the sample only with illumination light of a first linear polarization; and collecting fight from the patterned region of the sample and haying another polarization that differs from the single first linear polarization and differs from a second linear polarization ... illuminating the patterned region of the sample only with illumination light of the second linear polarization; and collecting light from the patterned region of the sample and having a further polarization that differs from the first linear polarization and from the second linear polarization” as required by the present claims (See below OA, claims 1, 15, and 21).
Such as, Li discloses clearly all of feature of claimed language of the present invention except for the first measurement comprises illuminating the patterned region of the sample only with illumination light of a first linear polarization; and collecting light from the patterned region of the sample and having another polarization that differs from the single first linear polarization and differs from a second linear polarization, the second linear polarization differs from the first linear polarization; and wherein the second measurement comprises illuminating the patterned region of the sample only with illumination light of the second linear polarization; and collecting light from the patterned region of the sample and having a further polarization that differs from the first linear polarization and from the second linear polarization. However, Kandel teaches that it is known in the art to provide the first measurement (figure 5A and paragraph [0061]: e.g., a first scatterometry measurement associated with a first scatterometry cell (as previously described with respect to operations 1310-1320), the polarizer 111 may be configured to impart a first linear polarization (e.g. vertical polarization) to the incident light 118A) comprises illuminating the patterned region (120, 121 @ figure 1) of the sample (127 @ figure 4) only with illumination light (118A, 118B @ figure 4) of a first linear polarization (111 @ paragraph [0061]); and collecting light (119A, 119B @ figure 4) from the patterned region of the sample (top pattern 120 of multiple cells 127 @ figures 1 and 4) and having another polarization (paragraph [0061]: e.g., the polarizer 111 may be configured to impart a first linear polarization (e.g. vertical polarization) to the incident light 118A and the polarizer 115 may be configured to impart a second linear polarization orthogonal to the first linear polarization (e.g. horizontal polarization) to the scattered light 119A) that differs from the single first linear polarization (111 @figure 4 and paragraph [0061]: e.g., the polarizer 111 may be configured to impart a first linear polarization (e.g. vertical polarization) to the incident light 118A and the polarizer 115 may be configured to impart a second linear polarization orthogonal to the first linear polarization (e.g. horizontal polarization) to the scattered light 119A) and differs from a second linear polarization (115 @ figures 4 and 5A-5B), the second linear polarization (115 @ figures 4 and 5A-5B) differs from the first linear polarization (111 @ figures 4 and 5A-5B); and wherein the second measurement (figure 5A-5B and paragraph [0061]: e.g., in a second scatterometry measurement associated with the first scatterometry cell (as previously described with respect to operations 1330-1340)) comprises illuminating the patterned region of the sample (bottom pattern 121 of the multiple cell 127 @ figures 1 and 4) only with illumination light of the second linear polarization (paragraph [0041]: e.g., The combined use of an illumination beam having a first polarization and an illumination beam having a second polarization (as described below) to illuminate an overlay target 113 having such cell configurations may result in signal response differentials for each cell 127 which exhibit anti-symmetric behavior) that differs from the first linear polarization (figures 5A-5B and paragraph [0061]: e.g., a first linear polarization (e.g. vertical polarization)); and collecting light reflected (119A, 119B @ figure 4) from the patterned region of the sample (127 @ figure 4) and having a further polarization (figures 5A-5B and paragraph [0061]: e.g., the polarizer 111 may be configured to impart the second linear polarization (e.g. horizontal polarization) to the incident light 118A and the polarizer 115 may be configured to impart the first linear polarization orthogonal to the second polarization (e.g. vertical polarization) to the scattered light 119A) that differs from the first linear polarization (111 @ figures 4 and 5A-5B) and from the second linear polarization (115 @ figures 4 and 5A-5B).
Thus, both of Li and Kandel references teach the same function/structure on the claimed invention of the Present Invention for the purpose improving measurement scatterometry methodologies. Thus, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the (Li and Kandel) references themselves or in the knowledge generally available to one of ordinary skill in the art. Also, when the references are considered in combination, the recitation of the claims would have been obvious as suggested. Therefore, Li in view of Kandel combination met the limitation in the claimed language of the Present Invention.
For the reasons set forth above the arguments, it is believed that the rejection of the claims 1-3, 5-6, 8-12, and 16-18 under 35 U.S.C 103 is proper.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-6, 8-12, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Li (Li et al., “Mueller matrix measurement of asymmetric gratings,” J. Micro/Nanolith, MEMS MOEMS 9(4), 041305 (Oct-Dec 2010), provided by applicant) in view of Kandel et al (US 2012/0120396 hereinafter “Kandel”).
Regarding Independent Claim 1, Li discloses a measurement system (Fig. 1, but refer to Figs. 1- 10 for details of measurement) for measurements in a sample (Figs. 2 and 7 for example), the measurement system comprising:
an optical unit (at least Xe Arc Lamp and D2 Lamp, Analyzer Spectrometer and Cooled CCD Array, see Fig. 1); and
a control unit (implicit; configured to perform calculations, see Section 2.2, Equations 5-7);
wherein the optical emit is configured to:
(a) perform a first measurement of patterned region of a sample (shown in Fig. 2), while applying a first measurement configuration of the optical unit, on a patterned region of a sample (Mueller matrix calculations to obtain the Mueller elements requires multiple measurements with different polarizations, so a first measurement is comprised/included in the total number of measurements), and generating a first data piece (Section 2.1, one R(αi) and Mi);
(b) perform a second measurement of the patterned region of the sample (shown in Fig. 2), while applying a second measurement configuration of the optical unit (Mueller matrix calculations to obtain the Mueller elements requires multiple measurements with different polarizations, so a second measurement is comprised/included in the total number of measurements), and generating a second data piece (Section 2.1, one R(αi) and Mi);
wherein the control unit is configured to determine a symmetry of one or more patterns of the patterned region of the first data piece and the second data piece (Section 2.2, Equations 5-7);
wherein the configuration difference introduces a sensitivity to symmetry of one or more patterns of the patterned region that is higher than the sensitivity to parameters that differ from the symmetry (Section 2.2, Equations 5-7, Figs. 4-5, and 7- 10).
Li discloses all of feature of claimed invention except for the first measurement comprises illuminating the patterned region of the sample only with illumination light of a first linear polarization; and collecting light from the patterned region of the sample and having another polarization that differs from the single first linear polarization and differs from a second linear polarization, the second linear polarization differs from the first linear polarization; and wherein the second measurement comprises illuminating the patterned region of the sample only with illumination light of the second linear polarization; and collecting light from the patterned region of the sample and having a further polarization that differs from the first linear polarization and from the second linear polarization. However, Kandel teaches that it is known in the art to provide the first measurement (figure 5A and paragraph [0061]: e.g., a first scatterometry measurement associated with a first scatterometry cell (as previously described with respect to operations 1310-1320), the polarizer 111 may be configured to impart a first linear polarization (e.g. vertical polarization) to the incident light 118A) comprises illuminating the patterned region (120, 121 @ figure 1) of the sample (127 @ figure 4) only with illumination light (118A, 118B @ figure 4) of a first linear polarization (111 @ paragraph [0061]); and collecting light reflected (119A, 119B @ figure 4) from the patterned region of the sample (top pattern 120 of multiple cells 127 @ figures 1 and 4) and having another polarization (paragraph [0061]: e.g., the polarizer 111 may be configured to impart a first linear polarization (e.g. vertical polarization) to the incident light 118A and the polarizer 115 may be configured to impart a second linear polarization orthogonal to the first linear polarization (e.g. horizontal polarization) to the scattered light 119A) that differs from the single first linear polarization (111 @figure 4 and paragraph [0061]: e.g., the polarizer 111 may be configured to impart a first linear polarization (e.g. vertical polarization) to the incident light 118A and the polarizer 115 may be configured to impart a second linear polarization orthogonal to the first linear polarization (e.g. horizontal polarization) to the scattered light 119A) and differs from a second linear polarization (115 @ figures 4 and 5A-5B), the second linear polarization (115 @ figures 4 and 5A-5B) differs from the first linear polarization (111 @ figures 4 and 5A-5B); and wherein the second measurement (figure 5A-5B and paragraph [0061]: e.g., Referring to FIG. 5B, in a second scatterometry measurement associated with the first scatterometry cell (as previously described with respect to operations 1330-1340)) comprises illuminating the patterned region of the sample (bottom pattern 121 of the multiple cell 127 @ figures 1 and 4) only with illumination light of the second linear polarization (paragraph [0041]: e.g., The combined use of an illumination beam having a first polarization and an illumination beam having a second polarization (as described below) to illuminate an overlay target 113 having such cell configurations may result in signal response differentials for each cell 127 which exhibit anti-symmetric behavior) that differs from the first linear polarization (figures 5A-5B and paragraph [0061]: e.g., a first linear polarization (e.g. vertical polarization)); and collecting light reflected (119A, 119B @ figure 4) from the patterned region of the sample (127 @ figure 4) and having a further polarization (figures 5A-5B and paragraph [0061]: e.g., the polarizer 111 may be configured to impart the second linear polarization (e.g. horizontal polarization) to the incident light 118A and the polarizer 115 may be configured to impart the first linear polarization orthogonal to the second polarization (e.g. vertical polarization) to the scattered light 119A) that differs from the first linear polarization (111 @ figures 4 and 5A-5B) and from the second linear polarization (115 @ figures 4 and 5A-5B). See figures 4, 5A-5B, and 6A-6B
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine measurement system of Li with the first measurement comprises illuminating the patterned region of the sample only with illumination light of a first linear polarization; and collecting light from the patterned region of the sample and having another polarization that differs from the single first linear polarization and differs from a second linear polarization, the second linear polarization differs from the first linear polarization; and wherein the second measurement comprises illuminating the patterned region of the sample only with illumination light of the second linear polarization; and collecting light from the patterned region of the sample and having a further polarization that differs from the first linear polarization and from the second linear polarization as taught by Kandel for the purpose of improving measurement scatterometry methodologies.
Regarding Claims 2 and 18; Li discloses all of feature of claimed invention except for the first linear polarization is perpendicular to the second linear polarization. However, Kandel teaches that it is known in the art to provide the first linear polarization is perpendicular to the second linear polarization (figures SA-5B and paragraphs [0061] and [0067]: e.g., the polarizer 111 may be configured to impart the second linear polarization (e.g. horizontal polarization) to the incident light 118A and the polarizer 115 may be configured to impart the first linear polarization orthogonal “perpendicular” to the second polarization (e.g. vertical polarization) to the scattered light 119A.). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine measurement system of Li with limitation above as taught by Kandel for the purpose of improving measurement scatterometry methodologies.
Regarding Claim 3; Li in discloses all of feature of claimed invention except for the first and second linear polarization are oriented by plus forty-five degrees and minus forty-five degrees, respectively. However, Kandel teaches that it is known in the art to provide the first and second linear polarization are oriented by plus forty-five degrees and minus forty-five degrees, respectively (paragraph [0071]: e.g., the angle of the polarizer 111 in the illumination path may be 0 degrees in a first measurement of a cell and 90 degrees in the second measurement of a cell. The angle of the polarizer 115 in the collection path may be 90 degrees in the first measurement of the cell and 0 degrees in the second measurement of the cell. The angle of the waveplate 130A in the illumination path may be 45 degrees for both measurements of the cell. The angle of the waveplate 130B in the collection path may be -135 degrees for both measurements of the cell). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine measurement system of Li with limitation above as taught by Kandel for the purpose of improving measurement scatterometry methodologies.
Regarding Claim 5; Li discloses the measurement system according to claim 1, wherein the control unit is configured to determine the symmetry by applying a model- based analysis (a model that describes the periodic arrays of objects. The experimental Mueller matrix elements (first three rows available in our setup) are compared to simulated data using the rigorous coupled wave analysis (RCWA) formulation. The model is adjusted by means of nonlinear regression until an acceptable match is found, last para of 2.1).
Regarding Claim 6; Li discloses the measurement system according to claim 1, wherein the control unit is configured to determine the symmetry based on signals obtained during a learning stage (building a model is a learning stage; a model that describes the periodic arrays of objects. The experimental Mueller matrix elements (first three rows available in our setup) are compared to simulated data using the rigorous coupled wave analysis (RCWA) formulation. The model is adjusted by means of nonlinear regression until an acceptable match is found, last para of 2.1).
Regarding Claim 8; Li discloses the measurement system according to claim 1, wherein the control unit is configured to determine a direction of a symmetry (Fig. 2, 60).
Regarding Claim 9; Li discloses the measurement system according to claim 1, wherein the control unit is configured to determine a level of a symmetry (the parameter 6swa to quantify the tilting, section 2.2).
Regarding Claim 10; Li discloses the measurement system according to claim 1, wherein the first measurement and the second measurement are spectral electrometry measurements (spectroscopic ellipsometry, throughout the text).
Regarding Claim 11; Li discloses the measurement system according to claim 1, wherein the sample is a semiconductor wafer (A claim is only limited by positively recited elements. Thus, “[i]inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Oto, S12 F.2d 937, 136 USPO 458, 459 (CCPA 1963); see also in re Young, 75 F.2d 996, 25 USFO 69 (CCPA 1935}, in in re Casey, 370 F.2d 576, 182 USPQ 235 (CCPRA 19670).
Regarding Claim 12; Li discloses the measurement system according to claim 1, wherein the control unit is further configured to determine a sample manufacturing process parameter based on the symmetry (for example tilting parameter, abstract, section 4, last para, Fig. 10, and throughout the text).
Regarding Claim 16; Li discloses the optical unit (at least Xe Arc Lamp and D2 Lamp, Analyzer Spectrometer and Cooled CCD Array, see Fig. 1) comprises a polarization unit that comprises a first polarization filter located in the collection channel (analyzer in collection channel), and wherein the parameters that differ from the symmetry comprise an actual orientation of the first polarization filter (see equation 2, section 2.1, R(ai) and Mi with i =P, A, and C, are the corresponding rotation and Mueller matrices for each optical element, as the analyzer rotates, this is different for the different measurements).
Regarding Claim 17; Li discloses the optical unit comprises a polarization unit that comprises a first polarization filter located in the collection channel (analyzer in collection channel).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Fukazawa et al (US Patent No. 8,705,034) discloses an evaluation device and evaluation method for evaluating a pattern formed on the surface of a semiconductor wafer, a liquid crystal substrate.
2) Aiyer (US 2007/0109551) discloses the heterodyne reflectometer is generally comprised of an optical light source with split optical frequencies, a pair of optical mixers to generate the optical beat signal, a pair of optical detectors for detecting and converting the optical beat signal to electrical heterodyne beat signals, and a phase shift detector for detecting a phase shift between the two electrical signals.
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 SANG H NGUYEN whose telephone number is (571)272-2425. The examiner can normally be reached M-F.
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October 18, 2025
/SANG H NGUYEN/ Primary Examiner, Art Unit 2877