DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 1- This office action is a response to an application filed on 12/31/2023, in which claims 1- 20 are currently pending. The Application claims foreign priority to 10-2022-0188314, filed 12/29/2022. Information Disclosure Statement 2- The submitted information disclosure statement(s) (IDS) is(are) in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is(are) being considered by the examiner. Specification 3 - The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which application may become aware in the specification. Drawings 4 - The drawings were received on 12/31/2023 . These drawings are acceptable. Claim Rejections - 35 USC § 112 5 - 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. 6 - Claims 12-20 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 pre-AIA the applicant regards as the invention. As to claim 1 2 , which reads “ obtaining first data representing a first positional coordinate in a vertical direction of a bottom surface of the photoresist layer for each horizontal position of a plurality of horizontal positions from the first reflected light ; obtaining second data representing a second positional coordinate in the vertical direction of the upper surface of the photoresist layer for each of t he horizontal positions from the second reflected light … ”, the underlined clauses appear to present antecedence issues , as it does not appear to correspond to the “horizontal positions from the first reflected light” . Claims 13 - 18 are similarly rejected by virtue of their dependence on claim 1 2 . As to claim 19 , which reads “ obtaining first data representing a position of a bottom surface of the photoresist layer from first reflected light, wherein the first reflected light is produced by the first light reflected from an upper surface of the reflective layer; irradiating the photoresist layer with second light; obtaining second data representing a position of an upper surface of the photoresist layer from second reflected light, wherein the second reflected light is produced by the second light reflected from an upper surface of the reflective layer; and obtaining skew data representing a thickness of the photoresist layer using the first and second data… ”, the underlined clauses appear s to present indefiniteness issues. It is not clear to the Examiner how can the second light be reflected from the upper surface of the reflective layer, if it reflects from the upper surface of the photoresist layer, the latter being formed on the reflective layer. Claim 20 is similarly rejected by virtue of its dependence on claim 1 9 . Claim Rejections - 35 USC § 103 7 - 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 of this title, 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. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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. 8 - Claims 1 , 7- 9 , 19 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Grimbergen et al. ( US Patent No. 6390019 ) As to claim s 1 , 9 , Grimbergen teaches a method of manufacturing a device (Abstract, Figs. 1-8) , comprising: forming a first layer on a first substrate, the first layer for measuring a thickness thereof ; ( claim 9) wherein the first layer includes a photoresist layer (Col /ll. 16/9-20 for ex; any of the stack of polysilicon layer, silicon dioxide layer and patterned resist layer are formed on top of substrate 30) ; irradiating the first layer with first light having a first wavelength that passes into the first layer; sensing first reflected light reflected from a bottom surface of the first layer; irradiating the first layer with second light having a second wavelength that reflects from the first layer; sensing second reflected light reflected from an upper surface of the first layer; obtaining first data corresponding to a first positional coordinate in a vertical direction of the bottom surface of the first layer from the first reflected light; obtaining second data corresponding to a second positional coordinate in the vertical direction of the upper surface of the first layer from the second reflected light (Col/ll. 12/11-13/12 for ex) ; obtaining skew data representing a thickness of the first layer using the first and second data (Col/ll. 12/11-30; 13/13-26; 14/45-15/29 for ex) ; and forming one or more semiconductor devices with a second substrate including forming at least one layer on the second substrate using process conditions determined from the skew data (Col/ll. 14/9-29, 45-61; 15/8-29; 20/40-21/26 for ex. ) Grimbergen does not teach expressly wherein the second wavelength is shorter than the first wavelength . However, G r imbergen discloses, in Col/ll. 12/16-27, that the light source 150 can be broadband and used with color filters to use desirable wavelengths . One PHOSITA would find it obvious to use the color filters to select different wavelengths, with one wavelength arbitrarily shorter than another wavelength, to optimize the intensity, phase or polarization reflections from the top of the reflective layer, and the top of the layer just below the reflective layer (See MPEP 2143 Sect. I. B-D). Therefore, it would have been obvious to one with ordinary skills in the art before the effective filing date of the instant application to use the method of Grimbergen in view of general spectral characteristics of light reflection off semiconductor layers so that the second wavelength is shorter than the first wavelength , with the advantage of effectively optimizing the reflected signals and the thickness data calculated therefrom. As to claim 19 , Grimbergen teaches a method for measuring a thickness (Abstract, Figs. 1-8) comprising: forming a pattern structure on a sample substrate, the pattern structure having varying heights of an upper surface depending on horizontal positions thereof (Col/ll. 16/9-13’ etched pattern necessarily presents varying heights across a horizontal direction) ; forming a reflective layer; forming a photoresist layer; irradiating the photoresist layer with first light; obtaining first data representing a position of a bottom surface of the photoresist layer from first reflected light, wherein the first reflected light is produced by the first light reflected from an upper surface of the reflective layer; irradiating the photoresist layer with second light; obtaining second data representing a position of an upper surface of the photoresist layer from second reflected light, wherein the second reflected light is produced by the second light reflected from an upper surface of the reflective layer; and obtaining skew data representing a thickness of the photoresist layer using the first and second data (see rejection of claim 1, with the pattern layer, the reflective layer and the photoresist layer as any of the layers of the stack of polysilicon layer, silicon dioxide layer and patterned resist layer formed on top of substrate 30). Grimbergen does not teach expressly wherein forming the reflective layer is conformally on an upper surface of the pattern structure; forming the photoresist layer on the reflective layer, the photoresist layer contacting the reflective layer. However, one PHOSITA would find it obvious to form the reflective layer on top of the etched pattern structure for tracking the etching process, and the photoresist layer on top of the reflective layer for protection purposes (See MPEP 2143 Sect. I. B-D). Therefore, it would have been obvious to one with ordinary skills in the art before the effective filing date of the instant application to use the method of Grimbergen in view of its different embodiments, so that forming the reflective layer is conformally on an upper surface of the pattern structure; forming the photoresist layer on the reflective layer, the photoresist layer contacting the reflective layer , with the advantage of effectively forming a lithographically etched semiconductor device. Moreover, Grimbergen suggests: (claim 7) wherein the first layer is irradiated by each of the first and second lights in a scanning manner so as to irradiate an entire upper surface of the first layer (Col/ll. 10/48-59, 12/51-60) . ( claim 8 ) wherein the first wavelength is in a range of 450nm to 1050 nm, and the second wavelength is in a range of 100 nm to 400nm (Col/ll. 12/16-20; the light source has a range of 200-600 nm which overlaps with the claimed ranges and obviates them since In the case where the claimed ranges “overlap or lie inside the ranges disclosed by the prior art” a prima facie case of obviousness exists (In re Wetheim, 541 F2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990) ) . 9 - Claims 5-6, 10- 12 , 15-1 8, 20 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Grimbergen in view of Matsumoto (US PGPUB 2008/0165368) As to claim s 12 , 5-6 , 10-11, 15-1 8 , Grimbergen teaches a method for measuring a thickness (Abstract, Figs. 1-8) comprising: forming a pattern structure on a sample substrate; for m ing a reflective layer; forming a photoresist layer ; irradiating the photoresist layer with first light that passes into the photoresist layer; sensing first reflected light reflected from an upper surface of the reflective layer; irradiating the photoresist layer with second light having a different wavelength from the first light onto the photoresist layer; sensing second reflected light reflected from an upper surface of the photoresist layer; obtaining first data representing a first positional coordinate in a vertical direction of a bottom surface of the photoresist layer for a horizontal position from the first reflected light; obtaining second data representing a second positional coordinate in the vertical direction of the upper surface of the photoresist layer for the horizontal position from the second reflected light; and, obtaining skew data representing a thickness of the photoresist layer for each of the horizontal positions using the first and second data (see rejection of claim 1, with the pattern layer, the reflective layer and the photoresist layer as any of the layers of the stack of polysilicon layer, silicon dioxide layer and patterned resist layer formed on top of substrate 30) ; ( claim 1 5) wherein the photo resist layer is irradiated by each of the first and second lights in a scanning manner so as to irradiate an entire upper surface of the photoresist layer (Col/ll. 10/48-59, 12/51-60); ( claim 1 6) wherein a first wavelength of the first light is in a range of 450 nm to 1050 nm, and a second wavelength of the second light is in a range of 100 nm to 400 nm (Col/ll. 12/16-20; the light source has a range of 200-600 nm which overlaps with the claimed ranges and obviates them since In the case where the claimed ranges “overlap or lie inside the ranges disclosed by the prior art” a prima facie case of obviousness exists (In re Wetheim, 541 F2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990) ); ( claim 1 7) wherein a height of an upper surface of the pattern structure varies depending on horizontal positions thereof (Col/ll. 16/9-13; etched pattern necessarily presents varying heights across a horizontal direction) ; ( claim 1 8) wherein the reflective layer includes polysilicon or a metal (Col/ll. 16/9-20 for ex; any of the stack of polysilicon layer, silicon dioxide layer and patterned resist layer are formed on top of substrate 30) . Grimbergen does not teach expressly for m ing the reflective layer conformally on the upper surface of the pattern structure ; forming the photoresist layer on the reflective layer, the photoresist layer contacting the reflective layer ; obtaining the first data representing the first positional coordinate in a vertical direction of a bottom surface of the photoresist layer is for each horizontal position of a plurality of horizontal positions from the first reflected light ; obtaining the second data representing the second positional coordinate in the vertical direction of the upper surface of the photoresist layer is for each of the horizontal positions from the second reflected light ; (claim 5) wherein the first data is a map representing a positional coordinate in the vertical direction of the bottom surface of the first layer at each horizontal position of a plurality of horizontal positions, and the second data is a map representing a positional coordinate in the vertical direction of the upper surface of the first layer at each of the horizontal positions ; (claim 6) wherein the skew data is a map representing the thickness of the first layer at each of the horizontal positions ; ( claim 10) wherein [[ a ]] a pattern structure is disposed on the first substrate below the first layer, a reflective layer covers an upper surface of the pattern structure, and the first layer contacts an upper surface of the reflective layer ; ( claim 11) wherein the reflective layer includes a material in which the first light is reflected from the upper surface of the reflective layer and is not transmitted into the reflective layer ; ( claim 1 7) the reflective layer is formed to have a uniform thickness on the upper surface of the pattern structure. However, one PHOSITA would find it obvious to form the reflective layer , with a uniform surface, on top of the etched pattern structure for tracking the etching process using specular optical reflection , and the photoresist layer on top of the reflective layer for protection purposes (See MPEP 2143 Sect. I. B-D) ; with the materials and illumination wavelengths chosen to allow the appropriate reflections and transmissions, according to Fresnel’s laws. Moreover, Matsumoto teaches, in a similar field of endeavor, a position scanning and detection and exposure apparatus (Abstract; ¶ 11-13 , Figs. 1-19) with the scanner of the reflections from substrate 9 with a patterned layer (¶ 6, 51, 54 for ex.), and a photoresist layer on top thereof (¶ 54) acquires the reflected signals for multiple horizontal positions , maps, as shown in Fig. 2 , for a full surface characterization. Therefore, it would have been obvious to one with ordinary skills in the art before the effective filing date of the instant application to use the method of Grimbergen in view of its different embodiments, and of Matsumoto’s suggestions so that for m ing the reflective layer conformally on the upper surface of the pattern structure ; forming the photoresist layer on the reflective layer, the photoresist layer contacting the reflective layer ; obtaining the first data representing the first positional coordinate in a vertical direction of a bottom surface of the photoresist layer is for each horizontal position of a plurality of horizontal positions from the first reflected light ; obtaining the second data representing the second positional coordinate in the vertical direction of the upper surface of the photoresist layer is for each of the horizontal positions from the second reflected light ; wherein the first data is a map representing a positional coordinate in the vertical direction of the bottom surface of the first layer at each horizontal position of a plurality of horizontal positions, and the second data is a map representing a positional coordinate in the vertical direction of the upper surface of the first layer at each of the horizontal positions ; wherein the skew data is a map representing the thickness of the first layer at each of the horizontal positions ; wherein [[ a ]] a pattern structure is disposed on the first substrate below the first layer, a reflective layer covers an upper surface of the pattern structure, and the first layer contacts an upper surface of the reflective layer ; wherein the reflective layer includes a material in which the first light is reflected from the upper surface of the reflective layer and is not transmitted into the reflective layer ; the reflective layer is formed to have a uniform thickness on the upper surface of the pattern structure , with the advantage of effectively and thoroughly characterizing the pattern layer of the semiconductor device. As to claim 20 , Grimbergen teaches method of claim 19 . Grimbergen does not teach expressly wherein the skew data is a map representing the thickness of the photoresist layer at each horizontal position of a plurality of horizontal positions. However, Matsumoto teaches, in a similar field of endeavor, a position scanning and detection and exposure apparatus (Abstract; ¶ 11-13 , Figs. 1-19) with the scanner of the reflections from substrate 9 with a patterned layer (¶ 6, 51, 54 for ex.), and a photoresist layer on top thereof (¶ 54) acquires the reflected signals for multiple horizontal positions, maps, as shown in Fig. 2, for a full surface characterization. Therefore, it would have been obvious to one with ordinary skills in the art before the effective filing date of the instant application to use the method of Grimbergen in view of its different embodiments, and of Matsumoto’s suggestions so that the skew data is a map representing the thickness of the photoresist layer at each horizontal position of a plurality of horizontal positions , with the advantage of effectively and thoroughly characterizing the pattern layer of the semiconductor device. 10 - Claims 2- 4 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Grimbergen in view of Yla et al. (US PGPUB 20 240219899) As to claim s 2-4, Grimbergen teaches the method of claim 1 . Grimbergen does not teach expressly wherein obtaining the first data comprises: obtaining first preliminary data that is raw data corresponding to the first positional coordinate in the vertical direction of the bottom surface of the first layer from the first reflected light; and, removing noise data from the first preliminary data to obtain the first data ; ( claim 3) wherein obtaining the first data from the first preliminary data uses a Zernike polynomial fitting model ; ( claim 4) wherein obtaining the second data comprises: obtaining second preliminary data corresponding to the second positional coordinate in the vertical direction of the upper surface of the first layer from the second reflected light; and [[ , ]] removing noise data from the second preliminary data to obtain the second data . However, and in a similar field of endeavor, Yla teaches apparatus and method for monitoring and controlling semiconductor manufacturing processes (Abstract, Figs. 1- 4 ) wherein wafer measurement data calculated using Zernike polynomials are used for calibration purposes , adjusting and correcting errors, in manufacturing processes (Abstract, ¶ 7-17, 60-66, 71-77, 80 for ex.). Therefore, it would have been obvious to one with ordinary skills in the art before the effective filing date of the instant application to use the method of Grimbergen in view of its different embodiments, and of Yla’s suggestions so that obtaining the first data comprises: obtaining first preliminary data that is raw data corresponding to the first positional coordinate in the vertical direction of the bottom surface of the first layer from the first reflected light; and, removing noise data from the first preliminary data to obtain the first data ; wherein obtaining the first data from the first preliminary data uses a Zernike polynomial fitting model ; wherein obtaining the second data comprises: obtaining second preliminary data corresponding to the second positional coordinate in the vertical direction of the upper surface of the first layer from the second reflected light; and removing noise data from the second preliminary data to obtain the second data , with the advantage, taught by Yla, of effectively monitoring, calibrating and adjusting the semiconductor manufacturing process (¶ 80) . 11 - Claims 13-14 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Grimbergen and Matsumoto in view of Yla As to claim s 13-14, the combination of G rimbergen and Matsumoto teaches the method of claim 1 2. The combination does not teach expressly ( claim 13) wherein obtaining the first data comprises: obtaining raw data representing the first positional coordinate in the vertical direction of the bottom surface of the photoresist layer from the first reflected light; and removing noise data from the raw data to obtain the first data ; ( claim 14) wherein obtaining the second data comprises: obtaining raw data representing the second positional coordinate in the vertical direction of the upper surface of the photoresist layer from the second reflected light; and removing noise data from the raw data to obtain the second data. However, and in a similar field of endeavor, Yla teaches apparatus and method for monitoring and controlling semiconductor manufacturing processes (Abstract, Figs. 1-4) wherein wafer measurement data calculated using Zernike polynomials are used for calibration purposes, adjusting and correcting errors, in manufacturing processes (Abstract, ¶ 7-17, 60-66, 71-77, 80 for ex.). Therefore, it would have been obvious to one with ordinary skills in the art before the effective filing date of the instant application to use the method of Grimbergen and Matsumoto , according to Yla’s suggestions so that wherein obtaining the first data comprises: obtaining raw data representing the first positional coordinate in the vertical direction of the bottom surface of the photoresist layer from the first reflected light; and removing noise data from the raw data to obtain the first data ; ( claim 14) wherein obtaining the second data comprises: obtaining raw data representing the second positional coordinate in the vertical direction of the upper surface of the photoresist layer from the second reflected light; and removing noise data from the raw data to obtain the second data , taught by Yla, of effectively monitoring, calibrating and adjusting the semiconductor manufacturing process (¶ 80) . Conclusion The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MOHAMED K AMARA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-7847 . The examiner can normally be reached on FILLIN "Work schedule?" \* MERGEFORMAT Monday-Friday: 9:00-17:00 If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached on ( FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-2287 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Mohamed K AMARA/ Primary Examiner, Art Unit 2877