DETAILED ACTION
1. The amendment received on March 2, 2026 has been entered into the record.
Notice of Pre-AIA or AIA Status
2. 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 § 103
3. 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.
4. Claims 1-9, 12, 14-21, 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Lei (2020/0088784)-previously cited in view of Schoeche et al. (2023/0184671) and Cho et al. (10,317,334).
As for claim 1, Lei in systems and methods for determining characteristics of semiconductor devices discloses/suggest a system for measuring second harmonic generation (SHG) light produced by a sample (FIG. 20: 4000 with FIGS. 21-22), the system comprising: a light source configured to direct light onto the sample to produce SHG light therefrom (FIG. 20: 4132 with paragraphs 0350 and 0352); polarization optics disposed in a path of said light directed onto the sample (FIG. 20: 4112 with paragraph 0351), said polarization optics supported on a rotation stage configured to rotate so as to rotate the polarization angle of light directed onto said sample (paragraphs 0351 and 0363); an optical detection system comprising a photodetector disposed to receive SHG light from the sample and provide an SHG signal that may vary with said rotation of said polarization angle of light from the light source incident on the sample (FIG. 20: 4130 with paragraphs 0356 and paragraph 0360); and electronics configured to control the rotation of said polarization angle via rotation of said rotation stage (paragraph 0363), said electronics further in electrical communication with said optical detection system (paragraphs 0062, 0184, 0253, 0363).
As for wherein said system is configured to obtain SHG measurements over a plurality of polarization angles without stopping rotation of said rotation stage, Lei does not explicitly state this. Lei refers to scanning which suggests multiple measurements wherein each different scan would have a different polarization, a different orientation state for the input polarization and output polarization state, which would necessarily suggest stopping of rotation of said rotation stage for each scan (paragraph 0363). Nevertheless, Lei demonstrates that thickness measurements may be determined with his system (paragraphs 0120, 0121, 0139, 0140, 0374) and demonstrates that the system uses a laser in the wavelength range between about 100 nm to about 2000 nm (paragraph 0249) and Lei even refers to ellipsometric data for cross-correlation of data for calibration (paragraph 0294). Nevertheless, Schoeche in a fast and accurate Mueller matrix infrared spectroscopic ellipsometer teaches using an infrared spectral range of .75 microns to 1000 microns (abstract) and notes that ellipsometry is used for measuring thickness of thin films (paragraph 0003, 0210, 0211). And Schoeche teaches that polarizer elements may continuously rotate during measurements (paragraphs 0108, 0114, 0126, 0141). And Cho in an achromatic rotating-element ellipsometer and method for measuring Mueller-matrix elements of sample using the same teaches having polarizers rotate at constant speed and demonstrates that polarizers may be fixed in one single orientation, changed to multiple fixed orientations by incremental stepping, and continuously rotated during measurements demonstrating that there are a finite number of identified, predictable solutions, for the orientation of polarizing components in ellipsometric measurements such as for thin film thickness measurements (col. 1, lines 29-47; col. 2, line 19 to col. 3, line 6 along with Fig. 2 and col. 9, line 27 to col. 10, line 14). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have said system be configured to obtain SHG measurements over a plurality of polarization angles without stopping rotation of said rotation stage in order to have a continuous rotation at a constant speed of the polarizing components to determine thickness of a thin film in the infrared range.
In addition, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have said system be configured to obtain SHG measurements over a plurality of polarization angles without stopping rotation of said rotation stage such as having continuous rotation at a constant speed of the polarizing components because it would be at least obvious to try continuous rotation of polarizing components in the system since there are only a finite number of identified predictable solutions to have polarizing components oriented to perform optical thickness measurements such as in ellipsometric devices.
As for claim 2, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 1). In addition, Lei discloses/suggests said electronics are configured to, based on a variation of the SHG signal light with the rotation of said polarization angle of light, determine, using fitting, a polarization angle reference (FIGS. 22-23 with paragraphs 0360 and 0363: treating as a polarization angle reference, a polarization angle where the SHG signal is a maximum: paragraphs 0360, 0365, 0366) that comprises at least one of the following: a polarization reference angle, a rotation position of the rotation stage corresponding to a polarization reference angle, an index associated with a polarization reference angle, or an index for identifying data associated with a polarization reference angle (a polarization angle reference being the polarization angle where the SHG signal is a maximum and a rotation position of the rotation stage corresponding to a polarization reference angle, an azimuthal angle (paragraph 0360)).
As for claim 3, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 2). In addition, Lei discloses/suggests wherein the electronics are configured to determine other SHG based values for other polarizations angles when the polarization angle reference is known (paragraph 0366).
As for claims 4-5, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 1). In addition, Lei discloses/suggests wherein the electronics are configured to use the rate of rotation of the rotation stage to determine polarization angle and wherein the electronics are configured to drive the rotation stage to rotate at a constant rate of rotation (scanning suggests a constant rate of rotation: paragraphs 0363-0365).
As for claim 6, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 5). In addition, Lei discloses/suggests wherein the electronics are configured to use said constant rate of rotation to determine a polarization angle different from a polarization reference angle, an SHG measurement associated with a polarization angle different from a polarization reference angle, a value calculated from a polarization angle that is different from a polarization reference angle, or a value calculated from an SHG measurement associated with a polarization angle different from a polarization reference angle (paragraph 0366).
As for claim 7, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 1). In addition, Lei discloses/suggests an optical shutter system comprising an optical switch or shutter configured to transmit a light beam received from said light source when in a first transmissive state, and block transmission of the light beam when in a second blocking state such that said light beam is incident on said sample when said optical switch or shutter are in said first transmissive state and is blocked when said optical switch or shutter are in said second blocking state (paragraphs 0243, 0272, 0273, 0373, 0402).
As for claim 8, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 7). In addition, Lei discloses/suggests the electronics comprise a computer and a controller, said computer electrically connected to said controller and said polarization rotation stage (paragraphs 0363 and 0390).
As for claim 9, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 8). In addition, Lei discloses/suggests said controller is electrically connected to at least one of said photodetector, optical switch, or shutter (paragraphs 0327, 0335, 0390, 0402)
As for claim 12, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 1). In addition, Lei discloses/suggests said polarization optics comprises a polarizer or a waveplate (FIG. 20: 4112 with paragraph 0349).
As for claim 14, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 1). In addition, Lei discloses/suggests wherein said photodetector comprises a photomultiplier tube (FIG. 20: 4130 with paragraph 0356).
As for claims 15-18, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 1). In addition, Lei discloses/suggests said electronics are configured to interpolate between acquired data points that are based on SHG measurements (claim 15); wherein said electronics are configured to use a mathematical fitting model to interpolate between said acquired data points (claim 16); wherein said electronics are configured to smooth over a range of acquired measurements (claim 17); and wherein said electronics are configured to use a mathematical fitting model to smooth over a range of acquired measurements (claim 18) (parametric modeling suggests/demonstrates smoothing and interpolation: paragraphs 0371-0374).
As for claims 19 and 20, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 1). In addition, Lei discloses/suggests said electronics are configured to separate out at least one contribution to the SHG signal as being from one or more of the following: interfaces between material types, material non-centrosymmetric bulk material regions, or electric field near material interfaces (claim 19) wherein said interfaces between material types comprises a semiconductor/dielectric interface (claim 20)(paragraphs 0016, 0017, 0041, 0055, 0258, 0372 noting: paragraph 0004).
As for claim 21, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 2). In addition, Lei discloses/suggests wherein said polarization angle reference comprises at least one of the following: a zero-degree polarization angle, a rotation position of the rotation stage corresponding to a zero-degree polarization angle, an index associated with a zero-degree polarization angle, or an index for identifying data associated with a zero-degree polarization angle (s-polarized light generation suggests a zero-degree polarization angle: paragraph 0351).
As for claims 23-24, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 2). In addition, Lei discloses/suggests wherein said polarization angle reference comprises at least one of the following: a non-zero polarization angle, a rotation position of the rotation stage corresponding to a non-zero polarization angle, an index associated with a non-zero polarization angle, or an index for identifying data associated with the non-zero polarization angle (claim 23); wherein said polarization angle reference comprises a non-zero polarization angle (claim 24)(paragraphs 0360 with 0351: paragraph 0351 suggests that the polarization angle reference that is determined to have an SHG being a maximum would be non-zero since paragraph 0351 refers to a zero-degree polarization angle (‘s-polarized light’))
As for claim 25, Lei in view of Schoeche and Cho discloses/suggests everything as above (see claim 1). In addition, Lei in view of Schoeche and Cho discloses/suggests wherein said system is configured to obtain SHG measurements over a plurality of polarization angles without slowing down rotation of said rotation stage (see claim 1 above which refers to constant speed: ‘In addition, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have said system be configured to obtain SHG measurements over a plurality of polarization angles without stopping rotation of said rotation stage such as having continuous rotation at a constant speed of the polarizing components because it would be at least obvious to try continuous rotation of polarizing components in the system since there are only a finite number of identified predictable solutions to have polarizing components oriented to perform optical thickness measurements such as in ellipsometric devices.’)
Response to Arguments
5. Applicant’s arguments with respect to claims 1-9, 12, 14-21, 23, and 24 rejected under 35 USC 102(a)(1)/102(a)(2) (see page 5 of Remarks filed March 2, 2026) 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.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: please refer to the attached PTO-892.
7. 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.
Fax/Telephone Numbers
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gordon J. Stock, Jr. whose telephone number is (571) 272-2431.
The examiner can normally be reached on Monday-Friday, 10:00 a.m. - 6:30 p.m.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Kara Geisel, can be reached at 571-272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GORDON J STOCK JR/
Primary Examiner, Art Unit 2877
Prosecution Insights