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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-22 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more (See 2019 Update: Eligibility Guidance).
Independent Claim(s) 1, 12, 22 recites
receive an initial sample map of a sample,
wherein
the initial sample map includes an initial path including a set of site points,
wherein
the initial path includes a first duration and a first distance;
generate one or more adjusted sample maps including one or more adjusted paths of the set of site points of the initial sample map,
wherein
each adjusted path is generated by adjusting an order of arrival of the set of site points based on a cost function;
generate a final sample map of the sample based on the one or more adjusted paths,
wherein
the final sample map includes a final path generated based on the one or more adjusted order of arrivals of the set of site points;
and
wherein
the final path has a second duration and a second distance,
wherein
at least one of the first duration or the first distance of the initial path are greater than at least one of the second duration or the second distance of the final path
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
In combination with Independent Claim(s) 1, 12, Claim(s) 2-11, 13-21 recite(s)
wherein
the set of site points include
a set of inspection points on the sample.
wherein
the set of site points include
a set of metrology measurement points on the sample.
wherein
the set of site points include
a set of lithography points on the sample.
wherein
the order of arrival of the set of site points of the initial path is adjusted
by
generating a zigzag initial path based on a motion characteristic of the optical sub-system.
wherein
the order of arrival of the set of site points of the initial path is adjusted
by
adjusting a location in time of a site point.
wherein
the order of arrival of the set of site points of the initial path is adjusted
by
adjusting two or more locations in time of two or more site points,
wherein
the two or more site points are arranged consecutively in the initial path of the initial sample map.
wherein
the initial path includes
a crossing area formed by two or more site points.
wherein
the order of arrival of the set of site points of the initial path is adjusted
by:
removing the crossing area from the initial path
by
adjusting a location in time of the two or more site points forming the crossing area.
generate an initial rough path by adjusting one of an x-axis or a y-axis of the initial sample map.
wherein
the cost function is based duration
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP § 2106.05(f)) (i.e. a controller including one or more processors configured to execute program instructions causing the one or more processors to: direct an optical sub-system to perform one or more operations on the sample based on the final sample map, wherein the optical sub-system performs the one or more operations by following the final path of the set of site points on the sample; an optical sub-system; and a controller communicatively coupled to the optical sub-system, the controller including one or more processors configured to execute program instructions causing the one or more processors to:);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e. generic data acquisition/output); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. direct an optical sub-system to perform one or more operations on the sample based on the final sample map, wherein the optical sub-system performs the one or more operations by following the final path of the set of site points on the sample; an optical sub-system; and a controller communicatively coupled to the optical sub-system, the controller including one or more processors configured to execute program instructions causing the one or more processors to: wherein the optical sub-system comprises an inspection sub-system; wherein the optical sub-system comprises a metrology sub-system; wherein the optical sub-system comprises a lithography sub-system).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)) (i.e. See Alice Corp. and cited references for evidence of additional elements (i.e., generic computer structure; an optical sub-system comprising an inspection sub-system, a metrology sub-system, or a lithography sub-system).
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TAKAGI ET AL. (US 20160019682 A1) (hereinafter “TAKAGI”).
With respect to Claim(s) 1, 22, TAKAGI teaches an inspection method/device to reduce the amount of time it takes to collect images of defects and the BRI of:
a controller including one or more processors (See, e.g., Fig(s). 1, 2)
configured to execute program instructions causing the one or more processors to:
receive an initial sample map of a sample, wherein the initial sample map includes an initial path including a set of site points, wherein the initial path includes a first duration and a first distance (See, e.g., Fig(s). 4, 6-9, 11-17);
generate one or more adjusted sample maps including one or more adjusted paths of the set of site points of the initial sample map, wherein each adjusted path is generated by adjusting an order of arrival of the set of site points based on a cost function (See, e.g., Fig(s). 4, 6-9, 11-17);
generate a final sample map of the sample based on the one or more adjusted paths, wherein the final sample map includes a final path generated based on the one or more adjusted order of arrivals of the set of site points (See, e.g., Fig(s). 4, 6-9, 11-17);
and
direct an optical sub-system to perform one or more operations on the sample based on the final sample map, wherein the optical sub-system performs the one or more operations by following the final path of the set of site points on the sample, wherein the final path has a second duration and a second distance, wherein at least one of the first duration or the first distance of the initial path are greater than at least one of the second duration or the second distance of the final path (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 12, TAKAGI teaches an inspection method/device to reduce the amount of time it takes to collect images of defects and the BRI of:
an optical sub-system (See, e.g., Fig(s). 1, 2);
and
a controller communicatively coupled to the optical sub-system, the controller including one or more processors (See, e.g., Fig(s). 1, 2)
configured to execute program instructions causing the one or more processors to:
receive an initial sample map of a sample, wherein the initial sample map includes an initial path including a set of site points, wherein the initial path of the initial sample map has a first duration and a first distance (See, e.g., Fig(s). 4, 6-9, 11-17);
generate one or more adjusted sample maps including one or more adjusted paths of the set of site points of the initial sample map, wherein each adjusted path is generated by adjusting an order of arrival of the set of site points based on a cost function; generate a final sample map of the sample based on the one or more adjusted paths, wherein the final sample map includes a final path generated based on the one or more adjusted order of arrivals of the set of site points (See, e.g., Fig(s). 4, 6-9, 11-17);
and
direct the optical sub-system to perform one or more operations on the sample based on the final sample map, wherein the optical sub-system performs the one or more operations by following the final path of the set of site points on the sample, wherein the final path has a second duration and a second distance, wherein at least one of the first duration or the first distance of the initial path are greater than at least one of the second duration or the second distance of the final path (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 2, 13, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the optical sub-system comprises
an inspection sub-system (See, e.g., Fig(s). 1, 2),
wherein
the set of site points include
a set of inspection points on the sample (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 3, 14, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the optical sub-system comprises
a metrology sub-system (See, e.g., Fig(s). 1, 2),
wherein
the set of site points include
a set of metrology measurement points on the sample (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 4, 15, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the optical sub-system comprises
a lithography sub-system (See, e.g., Fig(s). 1, 2),
wherein
the set of site points include a set of lithography points on the sample (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 5, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the order of arrival of the set of site points of the initial path is adjusted by generating a zigzag initial path based on a motion characteristic of the optical sub-system (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 6, 16, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the order of arrival of the set of site points of the initial path is adjusted by adjusting a location in time of a site point (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 7, 17, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the order of arrival of the set of site points of the initial path is adjusted by adjusting two or more locations in time of two or more site points, (See, e.g., Fig(s). 4, 6-9, 11-17)
wherein
the two or more site points are arranged consecutively in the initial path of the initial sample map (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 8, 18, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the initial path includes a crossing area formed by two or more site points (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 9, 19, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the order of arrival of the set of site points of the initial path is adjusted by: removing the crossing area from the initial path by adjusting a location in time of the two or more site points forming the crossing area (See, e.g., Fig(s). 4, 6-9, 11-17).
With respect to Claim(s) 10, 20, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the program instructions are further configured to cause the one or more processors to:
generate an initial rough path by adjusting one of an x-axis or a y-axis of the initial sample map (See, e.g., Fig(s). 3).
With respect to Claim(s) 11, 21, TAKAGI teaches the BRI of the parent claim(s).
TAKAGI further teaches the BRI of:
wherein
the cost function is based duration (See, e.g., Fig(s). 7, 13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
MANASSEN ET AL. (US 20210335638 A1) teaches a measurement path optimization module configured to derive optimized wafer measurement paths for metrology measurements of the wafers that correspond to respective derived and updated dynamic sampling plan (See, e.g., ¶ 0023).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANDREW SCHECHTER can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit