Prosecution Insights
Last updated: August 16, 2026
Application No. 18/565,494

ETCHING SYSTEMS, MODELS, AND MANUFACTURING PROCESSES

Non-Final OA §102§103
Filed
Nov 29, 2023
Priority
Jun 23, 2021 — CN PCT/CN2021/101783 +1 more
Examiner
DINH, PAUL
Art Unit
Tech Center
Assignee
ASML Holding N.V.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
949 granted / 1061 resolved
+29.4% vs TC avg
Minimal +4% lift
Without
With
+4.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
1069
Total Applications
across all art units

Statute-Specific Performance

§101
18.6%
-21.4% vs TC avg
§103
9.0%
-31.0% vs TC avg
§102
37.9%
-2.1% vs TC avg
§112
24.9%
-15.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1061 resolved cases

Office Action

§102 §103
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 . OFFICE ACTION 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 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. Claims 1-3, 11-20 are rejected under 35 U.S.C. 102(a) (1) being anticipated by the prior art of record Weisbuch (US 2018/0284597) Regarding claim 1, the prior art discloses: A method comprising: receive a representation of a contour of a substrate pattern (one or more of fig 1-4); determine a curvature of the contour (par 9-10 and/or fig 3-4); and use a computer simulation model (computer in fig 7, simulation in par 4-5, 27, 37-38, 50) to determine an etch effect (see one or more of par 28, 39, 41, 43) for the substrate pattern based on the curvature, wherein the simulation model comprises a correlation between etch biases (see one or more of etch model/features/kernels/OPC correction, desired etch profile, pre/post etch shapes/contours/bias in one or more of abstract, summary, and/or one or more of fig 2-4, 6) and curvatures of contours. (Claim 2) wherein the etch effect is an etch bias (see one or more of par 7-10, 14 , 35-37, 48-49) (Claims 3, 20) wherein the curvature is determined based on (1) a slope of the contour; and (2) a maximum or a minimum in the contour (fig 1-4, 6). (Claim 11) wherein the contour is obtained from a representation of the substrate pattern from an after development inspection for the substrate pattern (fig 1-4, 6) (Claim 12) wherein the contour is obtained from a resist model or an optical model (summary). (Claim 13) wherein the etch effect comprises etch bias between an after etch contour and an after development contour (see one or more of par 7-10, 14 , 35-37, 48-49), and the etch bias is configured to be provided to a cost function to facilitate determination of costs associated with individual patterning process variables (see one or more of par 2, 7-10, 14 , 35-37, 48-49) (Claims 14-15) instructions, when executed by a computer/processor (fig 7), perform the method (Claim 16) recite similar subject matter and rejected for the same reason. (Claim 17) wherein the simulation model is an etch model (see one or more of etch model/features/kernels/OPC correction, desired etch profile, pre/post etch shapes/contours/bias in one or more of abstract, summary, and/or one or more of fig 2-4, 6) (Claim 18) wherein the representation of the pattern comprises (1) an inspection result from an after development inspection for the pattern; or (2) a model of the contour in the pattern (fig 1-4, 6) (Claims 19) wherein the representation of the pattern comprises an inspection result from an after development inspection for the pattern, and wherein the inspection result from the after development inspection for the pattern is obtained from a scanning electron microscope or an optical metrology tool (fig 1-4, 6). Claims 1-3, 11-20 are rejected under 35 U.S.C. 102(a) (2) being anticipated by the prior art of record Lo (US 2020/0278604) Regarding claim 1, the prior art discloses: A method comprising: receive a representation of a contour (abstract, fig 4-5) of a substrate pattern; determine a curvature of the contour (par 35); and use a computer simulation model (par 15, 22, 32, 38, 49) to determine an etch effect for the substrate pattern based on the curvature, wherein the simulation model comprises a correlation between etch biases and curvatures of contours (par 20, 25). Claim 16 recite similar subject matter and rejected for the same reason. For cost function, see par 38 (Claim 2) wherein the etch effect is an etch bias (par 20, 25) (Claims 3, 20) wherein the curvature is determined based on (1) a slope of the contour; and (2) a maximum or a minimum in the contour (fig 4-5). (Claim 11) wherein the contour is obtained from a representation of the substrate pattern from an after development inspection for the substrate pattern (fig 1-6). (Claim 12) wherein the contour is obtained from a resist model or an optical model (fig 1-5). (Claim 13) wherein the etch effect comprises etch bias between an after etch contour and an after development contour, and the etch bias is configured to be provided to a cost function to facilitate determination of costs associated with individual patterning process variables (fig 1-5). (Claims 14-15) instructions, when executed by a computer/processor, perform the method (fig 1-2, 6) (Claim 17) wherein the simulation model is an etch model (par 20, 25) (Claim 18) wherein the representation of the pattern comprises (1) an inspection result from an after development inspection for the pattern; or (2) a model of the contour in the pattern (fig 1-6). (Claims 19) wherein the representation of the pattern comprises an inspection result from an after development inspection for the pattern, and wherein the inspection result from the after development inspection for the pattern is obtained from a scanning electron microscope or an optical metrology tool (fig 1-6) Claims 1-3, 11-20 are rejected under 35 U.S.C. 102(a) (1) being anticipated by the prior art of record Kotani (US 2010/0190342) Regarding claim 1, the prior art discloses: A method comprising: receive a representation of a contour (abstract, summary) of a substrate pattern; determine a curvature of the contour (abstract, summary and/or fig 1, 3-9 and related text); and use a computer simulation model (fig 1-2, 7) to determine an etch effect (see one or more of par 28, 34-35, 47-49, 55, 59-60, 66, 69, 82) for the substrate pattern based on the curvature, wherein the simulation model comprises a correlation between etch biases (see one or more of par 28, 34-35, 47-49, 55, 59-60, 66, 69, 82) and curvatures of contours. (Claim 2) wherein the etch effect is an etch bias (see one or more of par 28, 34-35, 47-49, 55, 59-60, 66, 69, 82). (Claims 3, 20) wherein the curvature is determined based on (1) a slope of the contour; and (2) a maximum or a minimum in the contour (par 5, 30, 78) (Claim 11) wherein the contour is obtained from a representation of the substrate pattern from an after development inspection for the substrate pattern (fig 1, 3-9). (Claim 12) wherein the contour is obtained from a resist model or an optical model (fig 7-8). (Claim 13) wherein the etch effect comprises etch bias between an after etch contour and an after development contour, and the etch bias is configured to be provided to a cost function to facilitate determination of costs associated with individual patterning process variables (fig 1, 3-9). (Claims 14-15) instructions, when executed by a computer/processor, perform the method (fig 1-2) (Claim 17) wherein the simulation model is an etch model bias (see one or more of par 28, 34-35, 47-49, 55, 59-60, 66, 69, 82). (Claim 18) wherein the representation of the pattern comprises (1) an inspection result from an after development inspection for the pattern; or (2) a model of the contour in the pattern (fig 1, 3-9) (Claims 19) wherein the representation of the pattern comprises an inspection result from an after development inspection for the pattern, and wherein the inspection result from the after development inspection for the pattern is obtained from a scanning electron microscope or an optical metrology tool (fig 1, 3-9) Claim Rejections - 35 USC § 103 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 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. Claims 4-6 are rejected under 35 U.S.C. 103(a) as being unpatentable over one or more of above mentioned main references in the 35 USC 102 rejections in view of one or more of: secondary references Gonzalez (US 2018/0211438) or Harding (US 2007/0112543) The main references disclose substantially all the elements in the claims except derivatives in claims 4-6; however, derivatives are disclosed by the secondary references: It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (in the instant application) to apply derivative simply because one or more of the following reasons: Gonzalez par 61: any point in the contour, a local function may be used to generate a first derivative or second derivative value. Harding par 32: Using straightforward mathematical derivative concepts, radius/minimum/maximum of curve positions/values and/or slope ( first derivative) and slope difference (second derivative) of a curve can be calculated. Claims 7-10 are rejected under 35 U.S.C. 103(a) as being unpatentable over one or more of above mentioned main references in the 35 USC 102 rejections in view of one or more of: secondary references Dai (US 2016/0198942) or Alessi (US 2011/0299143). the main references disclose substantially all the elements in the claims except features multi-dimensional algorithm comprises one or more non-linear, linear, or quadratic functions in claims 7-10; however, these features are disclosed by the secondary references: It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (in the instant application) to utilize multi-dimensional algorithm comprises one or more non-linear, linear, or quadratic functions simply because one or more of the following reasons: Dai, Par 196: Three-dimensional are choices for optimization algorithm. The optimizer / optimization can employ a standard or derived algorithm for function optimization (minimization or maximization). It can be a multi-dimensional, non-linear, and iterative algorithm. Alessi, par 87: Multi-dimensional interpolation methods, such as tri-linear interpolation can be used to interpolate between the values stored as will be familiar to those skilled in the art. Correspondence Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL DINH whose telephone number is 571-272-1890. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s Supervisor, Jack Chiang can be reached on 571-272-7483. The fax 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. /PAUL DINH/ Primary Examiner, Art Unit 2851
Read full office action

Prosecution Timeline

Nov 29, 2023
Application Filed
Jul 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12705410
RETIMING SEQUENTIAL ELEMENTS HAVING INITITAL STATES
3y 6m to grant Granted Aug 11, 2026
Patent 12693591
ENHANCED MASK PATTERN-AWARE HEURISTICS FOR OPTICAL PROXIMITY CORRECTIONS FOR INTEGRATED CIRCUITS
3y 9m to grant Granted Jul 28, 2026
Patent 12687787
OPTICAL PROXIMITY CORRECTION METHOD, MASK MANUFACTURING METHOD, SEMICONDUCTOR CHIP MANUFACTURING METHOD USING THE SAME AND COMPUTING DEVICE
3y 9m to grant Granted Jul 21, 2026
Patent 12682270
QUANTUM INFORMATION PROCESSING SYSTEM AND QUANTUM INFORMATION PROCESSING METHOD OF QUANTUM INFORMATION PROCESSING SYSTEM
3y 4m to grant Granted Jul 14, 2026
Patent 12670309
DATABASE DRIVEN PLACE AND ROUTE FOR COARSE-GRAIN RECONFIGURABLE ARCHITECTURES
3y 6m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
94%
With Interview (+4.2%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1061 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month