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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 17, 2026 has been entered.
Claim Rejections - 35 USC § 112
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.
Claims 16 and 19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 16, it is not clear if “a pattern forming method” is different from “A pattern forming method” of claim 15. Since claim 16 is dependent on claim 15, it is assumed that the pattern forming method of claim 16 is the same as claim 15.
Regarding claim 19, it is not clear if “a lithography apparatus” is different from “A lithography apparatus” of claim 18. Since claim 19 is dependent on claim 18, it is assumed that the lithography apparatus of claim 19 is the same as claim 18.
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.
Claim(s) 1, 2 and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bijnen et al. (Bijnen) (2009/0195768).
Regarding claim 1, Bijnen discloses a measuring method of measuring a position of a measurement mark (AM, Fig. 2, 6) on a substrate (W, Fig. 1, para 0072), the measurement mark including a plurality of marks formed in the same layer (first mark lines ML in area I, second mark line ML in second area II, third periodic structure in third area III, Fig. 2, para 0077-0080, 0082, or Fig. 6, para 0112, “two grids printed into each other”, para 0116), and the method comprising: capturing images of the plurality of marks (para 0065, 0071) of the measurement mark simultaneously (Fig. 2, para 0076, 0087, “an alignment scan”); and processing a plurality of evaluation values indicating positions of the plurality of marks, while giving weights to the plurality of evaluation values respectively obtained from the images of the plurality of marks captured in the capturing (para 0023-0025, “determining a position of the alignment mark in a direction substantially perpendicular to the scribe lane direction by computing a difference between the first and second fine alignment positions. Averaging in determining positions of the alignment marks may be done by weighted averaging”), thereby acquiring position information indicating the position of the measurement mark (para 0025).
Regarding claim 2, Bijnen discloses wherein in the processing, weights different from each other are given to evaluation values respectively obtained from images of the plurality of the measurement marks (para 0023-0025).
Regarding claim 15, Bijnen discloses a pattern forming method of forming a pattern (Fig. 1) on a substrate (W), comprising: measuring the substrate by a measuring method defined in claim 1; and transferring a pattern to the substrate based on a result obtained in the measuring (para 0044, 0059, 0071).
Regarding claim 16, Bijnen discloses an article manufacturing method including: forming a pattern on a substrate (W) in accordance with a pattern forming method defined in claim 15; and processing the substrate with the pattern formed thereon in the forming, thereby obtaining an article (para 0044).
Regarding claim 17, Bijnen discloses a measurement apparatus (TIS, para 0065 or TTL, para 0086) for measuring a position of a measurement mark (AM, Fig. 2, 6) on a substrate (W, Fig. 1, para 0072), the measurement mark including a plurality of marks formed in the same layer (first mark lines ML in area I, second mark line ML in second area II, third periodic structure in third area III, Fig. 2, para 0077-0080, 0082, or Fig. 6, para 0112, “two grids printed into each other”, para 0116), and the apparatus comprising: an image capturing device (TIS, para 0065, 0071) configured to capture images of the plurality of marks of the measurement mark simultaneously (Fig. 2, para 0076, 0087, “an alignment scan”) and a processor (para 0260) configured to process a plurality of evaluation values indicating positions of the plurality of marks while giving weights to the plurality of evaluation values respectively obtained from the images of the plurality of marks captured by the image capturing device (para 0023-0025, “determining a position of the alignment mark in a direction substantially perpendicular to the scribe lane direction by computing a difference between the first and second fine alignment positions. Averaging in determining positions of the alignment marks may be done by weighted averaging”), thereby acquiring position information indicating the position of the measurement mark (para 0025).
Regarding claim 18, Bijnen discloses a lithography apparatus (Fig. 1) comprising: a measurement apparatus defined in claim 17; and a system configured to align a substrate (W) and an original (MA) based on a result obtained by the measurement apparatus, and transfer a pattern of the original to the substrate (para 0044, 0059, 0071).
Regarding claim 19, Bijnen discloses an article manufacturing method comprising: forming a pattern on a substrate (W) by using a lithography apparatus (Fig. 1) defined in claim 18; and processing the substrate with the pattern formed thereon in the forming, thereby obtaining an article (para 0044).
Regarding claim 20, Bijnen discloses a non-transitory computer readable medium storing a program for causing a computer to execute a process (para 0260) of measuring a position of a measurement mark (AM, Fig. 2, 6) on a substrate (W, Fig. 1, para 0072), the measurement mark including a plurality of marks formed in the same layer (first mark lines ML in area I, second mark line ML in second area II, third periodic structure in third area III, Fig. 2, para 0077-0080, 0082, or Fig. 6, para 0112, “two grids printed into each other”, para 0116) wherein the process includes acquiring images (para 0065, 0071) of the plurality of marks of the measurement mark captured simultaneously (Fig. 10, para 0067, the first mark and a second mark “simultaneously fall within the image capturing region of the image sensor 75 shown in FIG. 10, the measurement apparatus 100 can determine the position of each of the first mark 72 and the second mark 92 based on the above method”); and acquiring position information indicating the position of the measurement mark on the substrate by processing a plurality of evaluation values indicating positions of the plurality of marks while giving weights to the plurality of evaluation values respectively obtained from images of the plurality of marks (para 0023-0025, “determining a position of the alignment mark in a direction substantially perpendicular to the scribe lane direction by computing a difference between the first and second fine alignment positions. Averaging in determining positions of the alignment marks may be done by weighted averaging”).
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.
Claim(s) 3-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bijnen et al. (Bijnen) in view of Makino et al. (Makino) (2023/0236520).
Regarding claim 3, Bijnen discloses wherein the substrate includes a first shot region and a second shot region (para 0072, inherent since a scribe lane is between two shot regions). However, Bijnen does not disclose the plurality of marks of the measurement mark are arranged in the first shot region and a plurality of marks of a second measurement mark are arranged in the second shot region. Makino discloses the plurality of marks of the measurement mark are arranged in the first shot region and a plurality of marks of a second measurement mark are arranged in the second shot region (Fig. 2A, 2B, para 0035-0037). Therefore, it would have been obvious to one of ordinary skill in the art to provide the plurality of marks inside the shot region as taught by Makino instead of in a scribe lane in order to improve accuracy by measuring in the active shot area.
Regarding claim 4, the modified Bijnen discloses wherein the plurality of marks of the measurement mark arranged in the first shot region are simultaneously captured in the capturing, and the at least two marks arranged in the second shot region are simultaneously captured in the capturing (see Makino Fig. 3A, 3B, 10, para 0035, 0036, 0067). As stated above, it would have been obvious to one of ordinary skill in the art to provide the plurality of marks inside the shot region as taught by Makino instead of in a scribe lane in order to improve accuracy by measuring in the active shot area.
Regarding claim 5, the modified Bijnen discloses wherein in the processing, weights different from each other are given to evaluation values respectively obtained from images of the plurality of marks of the measurement mark arranged in the first shot region, and weights different from each other are given to evaluation values respectively obtained from images of the plurality of marks of the second measurement mark arranged in the second shot region (see Makinopara 0035-0037, 0058). As stated above, it would have been obvious to one of ordinary skill in the art to provide the plurality of marks inside the shot region as taught by Makino instead of in a scribe lane in order to improve accuracy by measuring in the active shot area.
Regarding claim 6, the modified Bijnen discloses wherein the plurality of marks of the measurement mark arranged in the first shot region are brought into a field of view of one image capturing device (50) in the capturing, and the plurality of marks of the second measurement mark arranged in the second shot region are brought into the field of view in the capturing (see Makino Fig. 3A, 3B, 10). As stated above, it would have been obvious to one of ordinary skill in the art to provide the plurality of marks inside the shot region as taught by Makino instead of in a scribe lane in order to improve accuracy by measuring in the active shot area.
Regarding claim 7, the modified Bijnen discloses wherein in the processing, weights different from each other are given to evaluation values respectively obtained from images of the plurality of marks of the measurement mark arranged in the first shot region, and weights different from each other are given to evaluation values respectively obtained from images of the plurality of marks of the second measurement mark arranged in the second shot region (see Makino para 0058). As stated above, it would have been obvious to one of ordinary skill in the art to provide the plurality of marks inside the shot region as taught by Makino instead of in a scribe lane in order to improve accuracy by measuring in the active shot area.
Regarding claim 8, the modified Bijnen discloses wherein the substrate includes a plurality of shot regions, and in each of the plurality of shot regions, a plurality marks are arranged (see Makino Fig. 3A, 3B, para 0035-0037, 0067). As stated above, it would have been obvious to one of ordinary skill in the art to provide the plurality of marks inside the shot region as taught by Makino instead of in a scribe lane in order to improve accuracy by measuring in the active shot area.
Regarding claim 9, the modified Bijnen discloses wherein in the processing, weights different from each other are given to evaluation values respectively obtained from images of the plurality of marks in each shot region (see Makino para 0058). As stated above, it would have been obvious to one of ordinary skill in the art to further modify Bijnen by providing the plurality of marks inside the shot region as taught by Makino instead of in a scribe lane in order to improve accuracy by measuring in the active shot area
Regarding claim 10, although the modified Bijnen does not disclose deciding a weight based on an overlay error of each of a plurality of shot regions on a second substrate for weight decision, the measuring method would be applied to a second substrate as well as other subsequent substrates for exposure. Therefore, it would have been obvious to one of ordinary skill in the art to further modify Bijnen by deciding a weight based on an overlay error of each of a plurality of shot regions on a second substrate for weight decision based on the method taught by Makino in para 0035, 0036, 0050-0058) to acquire positioning information of subsequent substrates.
Regarding claim 11, although the modified Bijnen does not disclose a second substrate, it would have been obvious to one of ordinary skill in the art to further modify Bijnen by deciding that the weight is decided such that the overlay error of each of the plurality of shot regions, which is obtained based on evaluation values respectively obtained from images obtained by capturing a plurality of marks in the second substrate for weight decision, meets a target value as taught by Makino in para 0035, 0036, 0050-0058 for the reasons stated above.
Regarding claim 12, although the modified Bijnen does not disclose a second substrate, it would have been obvious to one of ordinary skill in the art to further modify Bijnen by deciding that the weight is decided such that the overlay error of each of the plurality of shot regions, which is obtained based on evaluation values respectively obtained from images obtained by capturing a plurality of marks in the second substrate for weight decision, becomes minimum based on teaching of Makino in para 0052-0058 for the reasons stated above.
Regarding claim 13, although the modified Bijnen does not disclose a second substrate, it would have been obvious to one of ordinary skill in the art to further modify Bijnen by deciding that the weight is decided based on a difference between target position information and position information serving as an evaluation value obtained from each of images obtained by capturing a plurality of marks in the second substrate for weight decision based on teaching of Makino in para 0050-0058 for the reasons stated above.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER B KIM whose telephone number is (571)272-2120. The examiner can normally be reached M-F 8:00 AM - 4:00 PM.
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/PETER B KIM/Primary Examiner, Art Unit 2882 September 19, 2026
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