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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/22/2026 has been entered.
Specification
The abstract of the disclosure is objected to because it consists of more than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 3-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Amended independent claim 1 recites:
(Currently Amended) A method of characterizing a multi-layer film stack, the method comprising:
obtaining a result of a first metrology measurement that is related to a first film structure, the metrology measurement uses at least one of X-ray photoelectron spectroscopy (XPS) or X-ray fluorescence (XRF), the first film structure comprising a first layer disposed on a substrate;
obtaining second metrology data from a second film structure using at least one of XPS or XRF, the second film structure comprising a second layer disposed over the first film structure; and
determining, using a model, at least one of a second layer thickness or second layer composition, wherein the second model uses the second metrology data and an input derived from the result of the first metrology measurement.
The specification does not describe and/or teach “determining, using a model, at least one of a second layer thickness or second layer composition, wherein the second model uses the second metrology data and an input derived from the result of the first metrology measurement.” Specifically, there is no teaching where a second model uses second metrology data and an input derived from the result of the first metrology measurement.
Claims 3-10 and 22 are rejected by virtue of their dependency on claim 1.
Claim 11 is rejected for the same reason as claim 1 above.
Claims 12-21 are rejected by virtue of their dependency on clam 11.
Claim 22 recites, “The method of claim 6, wherein the method further comprises training at least one of the first model or the second model using training data obtained from a plurality of reference samples with known properties.” The specification does not describe and/or teach “training at least one of the first model or the second model using training data obtained from a plurality of reference samples with known properties”. There is no description of a first model, a second model, training data, and/or reference samples.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "second metrology data" in line 9. However, there is no prior “first metrology data”.
Claim 1 recites the limitation "the second model" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claims 3-10 and 22 are rejected by virtue of their dependency on claim 1.
Claim 7 recites the limitation "the first and second metrology data" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the respective metrology data" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the first set of properties or the second set of properties" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "second metrology data" in line 8. However, there is no prior “first metrology data”.
Claim 11 recites the limitation "the second model" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claims 12-21 are rejected by virtue of their dependency on clam 11.
Claim 12 recites the limitation "the instructions" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the processor" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the computing device" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the determined second set of properties" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the computing device" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the determined first and second sets of properties" in line. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the computing device" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the first and second metrology data" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JURIE YUN whose telephone number is (571)272-2497. The examiner can normally be reached 10:30 am - 7:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David J Makiya can be reached at 571 272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JURIE YUN/Primary Examiner, Art Unit 2884
September 29, 2026
