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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/19/2025 has been entered.
Response to Arguments
Prior Art Rejections
Applicant’s argument is that Huang does not teach the newly claimed limitation that the first and second detection lights have different wavelength ranges that totally do not overlap with each other, however, this argument is moot. Huang is not relied on in this action to teach that limitation.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He (US 20220244169).
Regarding claim 1, He teaches a film thickness measurement device, comprising:
a spectroscopic ellipsometer (the ellipsometer of FIG. 9B when using the detector system of FIG. 2, as disclosed in paragraph 374, first sentence), comprising:
a projection module, configured to project a multi-wavelength polarized light onto a thin film (FIG. 9B, sample SAM), wherein the projection module comprises a light source (FIG. 9B, light source S) and a polarization state generator (FIG. 9B, polarization state generator PSG);
and a light receiving module, comprising a polarization analyzer (FIG. 9B, polarization state analyzer PSA) and an optical detector (FIG. 9B, detector DET), wherein the polarization analyzer is configured to screen out a multi-wavelength polarized reflection light according to reflection of the multi-wavelength polarized light by the thin film, and the optical detector is configured to receive the multi-wavelength polarized reflection light (FIG. 9B, note the reflected light BO from the sample SAM passing through polarization state analyzer PSA to detector DET);
wherein, the optical detector comprises at least one optical splitting unit (FIG. 2, dichroic beam splitter DBS), at least two optical filtering units (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P2 and G/P3. See FIG. 3a’ for details.) and at least two optical detection units (FIG. 2, detectors DET2 and DET3), the at least one optical splitting unit is configured to split the multi-wavelength polarized reflection light into a first detection light (FIG. 2, reflected beam RB/OR) and a second detection light (FIG. 2, reflected beam’ RB’/OR’) with different wavelength ranges that totally do not overlap with each other (FIG. 2, one wavelength range is greater than λ0 (RB’/OR’) while the other range is less than λ0 (RB/OR), two ranges which totally do not overlap), the at least two optical filtering units respectively allow transmission of at least part of the first detection light (FIG. 2, the part with wavelengths in the Δλ3 range) and transmission of at least part of the second detection light (FIG. 2, the parts in the Δλ2 range), and the at least two optical detection units are configured to respectively receive the first detection light (FIG. 2, detector DET3) and the second detection light (FIG. 2, detector DET2).
Regarding claim 2, He teaches the film thickness measurement device according to claim 1 (as described above), wherein the light source is a continuous-wave and broadband light source (paragraph 92 lists blackbody radiation as an option of a light source, which would be continuous-wave and broadband).
Regarding claim 3, He teaches the film thickness measurement device according to claim 1 (as described above), wherein the light source comprises a plurality of light emitting units which are independently disposed for light emission with different wavelengths, and the plurality of light emitting units emit light simultaneously to generate the multi-wavelength polarized light (after paragraph 146 is disclosed the use of a second source with a different wavelength range in the same location on the sample).
Regarding claim 4, He teaches the film thickness measurement device according to claim 1 (as described above), wherein the at least one optical splitting unit comprises a first optical splitting unit (FIG. 2, dichroic beam splitter DBS) and a second optical splitting unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P2, which splits light RB’/OR’ in the Δλ2 range from light RB”/OR”.), the at least two optical filtering units comprise a first optical filtering unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P3, which filters light in the Δλ3 range from light outside that range, as shown in FIG. 3a’.), a second optical filtering unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P2, which filters light in the Δλ2 range from light outside that range (RB”/OR”), as shown in FIG. 3a’.) and a third optical filtering unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P4, which filters light in the Δλ4 range from light outside that range, as shown in FIG. 3a’.), and the at least two optical detection units comprise a first optical detection unit (FIG. 2, detector DET3), a second optical detection unit (FIG. 2, detector DET2) and a third optical detection unit (FIG. 2, detector DET4),
the first optical splitting unit splits the multi-wavelength polarized reflection light into the first detection light and the second detection light with different wavelengths (FIG. 2, based on whether the light has wavelength greater than or less than λ0),
the second optical splitting unit is optically coupled to the first optical splitting unit and splits the second detection light into a third detection light (FIG. 2, comprising wavelength range Δλ2) and a fourth detection light with different wavelengths (FIG. 2, comprising wavelength range Δλ4),
the first optical filtering unit allows transmission of at least part of the first detection light (FIG. 2, Δλ3),
the second optical filtering unit allows transmission of at least part of the third detection light (FIG. 2, Δλ2),
the third optical filtering unit allows transmission of at least part of the fourth detection light (FIG. 2, Δλ4),
the first optical detection unit receives the first detection light (FIG. 2, detector DET3),
the second optical detection unit receives the third detection light (FIG. 2, detector DET2), and
the third optical detection unit receives the fourth detection light (FIG. 2, detector DET4).
Regarding claim 8, He teaches the film thickness measurement device according to claim 1 (as described above), wherein the at least one optical splitting unit comprises at least one beam splitter mirror (FIG. 3a’, coating C of dichroic beam splitter DBS).
Regarding claim 9, He teaches the film thickness measurement device according to claim 1 (as described above), wherein the at least two optical filtering units comprise at least two band-pass filters (FIG. 3a’, note that the light passing through the prism is dispersed by wavelength. The wavelength range that falls on the detector is labeled Δλ. Wavelengths above that range would fall outside of the detector in one direction and wavelengths below would miss in the other direction (assuming the light makes it through the dichroic beam splitter). A device that directs light of a particular wavelength band to a detector and light outside of that band away from the detector is a bandpass filter).
Claim Rejections - 35 USC § 103
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 nonobviousness.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over He (US 20220244169).
Regarding claim 5, He teaches the film thickness measurement device according to claim 1 (as described above), wherein the at least one optical splitting unit comprises a first optical splitting unit (FIG. 2, dichroic beam splitter DBS), a second optical splitting unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P3, which splits light in the Δλ3 range from light RB/OR.) and a third optical splitting unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P2, which splits light RB’/OR’ in the Δλ2 range from light RB”/OR”.), the at least two optical filtering units comprise a first optical filtering unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P1, which filters light in the Δλ1 range from light outside that range, as shown in FIG. 3a’.), a second optical filtering unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P3, which filters light in the Δλ3 range from light outside that range, as shown in FIG. 3a’.), a third optical filtering unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P2, which filters light in the Δλ2 range from light outside that range, as shown in FIG. 3a’.) and a fourth optical filtering unit (FIG. 2, diffraction Grating or dichroic beam splitter and Prism G/P4, which filters light in the Δλ4 range from light outside that range, as shown in FIG. 3a’.), and the at least two optical detection units comprise a first optical detection unit (FIG. 2, detector DET1), a second optical detection unit (FIG. 2, detector DET2), a third optical detection unit (FIG. 2, detector DET3) and a fourth optical detection unit (FIG. 2, detector DET4),
the first optical splitting unit splits the multi-wavelength polarized reflection light into the first detection light and the second detection light with different wavelengths (FIG. 2, based on whether the light has wavelength greater than or less than λ0),
the second optical splitting unit is optically coupled to the first optical splitting unit and splits the first detection light into a third detection light and a fourth detection light with different wavelengths (FIG. 2, light in the Δλ3 is split from other light. See FIG. 3a’),
the third optical splitting unit is optically coupled to the first optical splitting unit and splits the second detection light into a fifth detection light and a sixth detection light with different wavelengths (FIG. 2, light in the Δλ2 is split from other light, including light in the Δλ4 band. See FIG. 3a’),
the first optical filtering unit allows transmission of at least part of a detection light (FIG. 2, Δλ1),
the second optical filtering unit allows transmission of at least part of the fourth detection light (FIG. 2, Δλ3),
the third optical filtering unit allows transmission of at least part of the fifth detection light (FIG. 2, Δλ2),
the fourth optical filtering unit allows transmission of at least part of the sixth detection light (FIG. 2, Δλ4),
the first optical detection unit receives a detection light (FIG. 2, Δλ1),
the second optical detection unit receives the fourth detection light (FIG. 2, Δλ3),
the third optical detection unit receives the fifth detection light (FIG. 2, Δλ2), and
the fourth optical detection unit receives the sixth detection light (FIG. 2, Δλ4).
He uses a slightly different geometrical arrangement than is described in this claim. He splits off the Δλ1 light upstream of the dichroic beam splitter DBS rather than using light reflected by G/P3 (not shown in FIG. 2) for one of the detectors (in other words, instead of the claimed beam path geometry that splits the light a first time, then splits each of the two split lights again, He splits off Δλ1, then divides the remaining light (Δλ3 vs Δλ2/Δλ4), then further divides one of those beams (Δλ2 vs Δλ4)), so it is not, strictly speaking, the third detection light as claimed that is incident on detector DET1, however, the device of He would fit the claimed geometry by merely rearranging where Δλ1 is split from the other light, using the light reflected from G/P3 instead of at an upstream position.
Mere rearrangement of parts does not generally distinguish a claimed invention patentably over the prior art. See MPEP 2144.04 VI C, so it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the spectrometric ellipsometer of He by merely rearranging parts to use a slightly different beam path geometry, with predictable results and a reasonable expectation of success.
Regarding claim 6, He teaches the film thickness measurement device according to claim 1 (as described above),
While He does not explicitly teach that a number of the at least one optical splitting unit, a number of the at least two optical filtering units and a number of the at least two optical detection units are determined according to a number of unknown values among film refractive index, film extinction coefficient and film thickness in ellipsometric parameters, He does teach measuring at least some of those properties (paragraph 3 mentions absorption constant (related to extinction coefficient), ellipsometric Psi and Delta (related to refractive indices, including the dependence of refractive index on polarization state), and performing mathematical regression on models of the sample (which typically use thicknesses of the various layers as parameters to find by fitting the predictions of the model to the measurements of the ellipsometer)) and does not limit the invention to the number of wavelength ranges shown in FIG. 1 (see paragraph 350). Further, it is well-known to those in the art that the number of separate measurements needed is determined by the number of independent values one wants to calculate from them.
Finally, mere duplication of parts does not generally patentably distinguish over the prior art. See MPEP 2144.04 VI B. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the spectroscopic ellipsometer of Huang to have a number of splitters, filters and detectors in accordance with the number of unknown ellipsometric parameters the user wants to calculate.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over He (US 20220244169) in view of Mehendale (Foreign Patent Publication WO 2008008223).
Regarding claim 7, He teaches the film thickness measurement device according to claim 1 (as described above), wherein the polarization state generator is optically coupled to the light source (FIG. 9B, polarization state generator PSG, coupled to light source S via input beam BI)
He does not explicitly teach that the polarization state generator is a photoelastic modulator nor that the spectroscopic ellipsometer further comprises a lock-in amplifier coupled to the photoelastic modulator and the optical detector.
In the same field of endeavor of ellipsometry, Mehendale does teach that the polarization state generator is a photoelastic modulator (paragraph 27) and the spectroscopic ellipsometer further comprises a lock-in amplifier coupled to the photoelastic modulator and the optical detector (paragraph 38). By using the photoelastic modulator, Mehendale is able to electronically control the incoming polarization state as desired, and the lock-in amplifier allows advantageous data extraction and analysis.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ellipsometer of He with the photoelastic modulator and lock-in amplifier of Mehendale in order to better control the inputs and outputs of the device.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over He (US 20220244169) in view of Huang (US Patent 7061613).
Regarding claim 10, He teaches the film thickness measurement device according to claim 1 (as described above).
While He does mention several types of detectors, including solid-state detectors (paragraph 374), which could refer to photodiodes, He does not explicitly state that the at least two optical detection units comprise at least two photodiodes or photomultiplier tubes.
In the same field of endeavor of ellipsometry, Huang does teach that the at least two optical detection units comprise at least two photodiodes or photomultiplier tubes (COL. 5, lines 31-33). By using photodiodes, Huang is able to measure light in a convenient and conventional way.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the spectrometric ellipsometer of He with the photodiodes of Huang as the solid-state detectors in order to measure the light coming from the sample using detection means well known in the art for detecting light of appropriate wavelengths.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL D SCHNASE whose telephone number is (703)756-1691. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM ET.
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/PAUL SCHNASE/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877