DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. This application contains claims 11-20, drawn to an invention nonelected with traverse in the reply filed on 01/22/2026. A complete reply to the final rejection must include cancellation of nonelected claims or other appropriate action (37 CFR 1.144) See MPEP § 821.01.
Remarks
Alternate process:
Applicant's election with traverse of claims (1-10) in the REMARKS is acknowledged. The traversal is on the ground(s) that “the existence of a "serious burden" if the restriction requirement were not required, and show by "appropriate explanation" for the serious burden. (Manual of Patent Examining Procedure, § 803, Ed. 8, Rev. 9 (August 2012))” This is not found persuasive because of the reasons in MPEP § 802.01, (the alternative method proposed by the Examiner would be distinct from the process as claimed).
Burden of Search:
Burden is shown by one of the following:
a) the separate classifications of the two inventions the search is not coexistent as evidenced by the different fields of search for the process and product as cited in the restriction mailed on 01/08/2026.
b) Even though they are classified together, each invention can be shown to have formed a separate subject for inventive effort. Separate status in the art may be shown by citing patents which are evidence of such separate status, and also of a separate field of search.
c) Where it is necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other invention(s) (e.g., searching different classes/subclasses or electronic resources, or employing different search queries, a different field of search is shown, even though the two are classified together. The indicated different field of search must in fact be pertinent to the type of subject matter covered by the claims.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
3. 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.
4. Claim(s) 1-3, 6-8, is/are rejected under 35 U.S.C. 102(a1) as being anticipated by LEE et al., US 2012/0146195 A1.
Claim 1. LEE et al., disclose an overlay mark (such as the one in fig. 5, [0043]) comprising:
-a substrate (item 110);
-a lower overlay in the substrate (item 120, fig. 5);
-a pattern layer (item 130) on the substrate;
-and an upper overlay (item 220) that defines an opening (item 212/224) on the pattern layer, wherein the lower overlay does not overlap the upper overlay in a thickness direction of the substrate (as seen in the structure of fig. 5, as [0049] disclosed the first overlay vernier mask pattern 210 formed in the overlay vernier area 102 has an opening 211 and an opening 212 for partially exposing the surface of the second silicon oxynitride layer 134 formed below, and the second overlay vernier mask pattern formed through the subsequent secondary patterning process is aligned in an area overlapping the opening 211 while not overlapping the opening 212).
Claim 2. LEE et al., disclose the overlay mark of claim 1, wherein the lower overlay completely overlaps the opening in the thickness direction of the substrate (as seen in the structure of fig. 5, [0049]).
Claim 3. LEE et al., disclose the overlay mark of claim 1, wherein the upper overlay includes a photoresist pattern (this limitation would read through [0049], item 210).
Claim 6. LEE et al., disclose the overlay mark of claim 1, wherein the lower overlay has one or more of a bar shape in plan-view or a frame shape in plan-view (this limitation would read through [0042], wherein is disclosed the second overlay vernier mask pattern 220 has a bar-shaped opening 224 which is elongated along each side of a box in the box).
Claim 7. LEE et al., disclose the overlay mark of claim 6, wherein a width of the lower overlay is 1 μm or more (this limitation would read through [0042], wherein is disclosed a width w2 between the opening 224 of the second overlay vernier mask pattern 220 and the edge may be set from approximately 0.1 .mu.m to approximately 3 .mu.m.).
Claim 8. LEE et al., disclose the overlay mark of claim 1, wherein the lower overlay has a box shape in plan view (this limitation would read through [0042], wherein is disclosed the second overlay vernier mask pattern 220 has a bar-shaped opening 224 which is elongated along each side of a box in the box).
Claim Rejections - 35 USC § 103
5. 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 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 non-obviousness.
6. Claim(s) 4-5, 9-10, is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al., US 2012/0146195 A1.
Regarding claim 4. LEE et al., disclose the overlay mark of claim 1 above, but does not specify exactly all the details wherein the lower overlay includes outer walls opposite to each other, and a distance between the outer walls is 6 m or more and 9 m or less. However, [0040] of LEE et al., disclose the second opening 212 is elongated along each side of the first opening 211 while being spaced apart from the first opening 211 by a predetermined interval. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of LEE et al., because the device can easily recognize positions of the patterns formed in the patterning process so as to recognize alignment relationship with layers formed in a subsequent process.
Regarding claim 5. LEE et al., disclose the overlay mark of claim 1 above, but does not specify exactly all the details wherein the upper overlay includes outer walls opposite to each other, and a distance between the outer walls is 30 μm or more and 35 μm or less. However, [0040] of LEE et al., disclose the second opening 212 is elongated along each side of the first opening 211 while being spaced apart from the first opening 211 by a predetermined interval. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of LEE et al., because the device can easily recognize positions of the patterns formed in the patterning process so as to recognize alignment relationship with layers formed in a subsequent process.
Regarding claim 9. LEE et al., disclose the overlay mark of claim 1 above, but does not specify exactly all the details wherein a width of the opening is 10 μm or more and 15 μm or less. However, [0042] of LEE et al., disclose a width w2 between the opening 224 of the second overlay vernier mask pattern 220 and the edge may be set from approximately 0.1 .mu.m to approximately 3 .mu.m. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the width of the device of LEE et al., because the device can easily recognize positions of the patterns formed in the patterning process so as to recognize alignment relationship with layers formed in a subsequent process.
Regarding claim 10. LEE et al., disclose the overlay mark of claim 1 above, but does not specify exactly all the details wherein a distance from an outer wall of the lower overlay to an inner wall of the upper overlay is 1.5 μm or more and 3.0 μm or less. However, [0042] of LEE et al., disclose a width w2 between the opening 224 of the second overlay vernier mask pattern 220 and the edge may be set from approximately 0.1 .mu.m to approximately 3 .mu.m. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the width of the device of LEE et al., because the device can easily recognize positions of the patterns formed in the patterning process so as to recognize alignment relationship with layers formed in a subsequent process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILNER JEAN BAPTISTE whose telephone number is (571)270-7394. The examiner can normally be reached M-T 8:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dale Page can be reached at 571-270-7877. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.J/Examiner, Art Unit 2899 /DALE E PAGE/Supervisory Patent Examiner, Art Unit 2899