Prosecution Insights
Last updated: July 17, 2026
Application No. 18/595,891

CONTROL DEVICE, CONTROL METHOD, STORAGE MEDIUM, AND ARTICLE MANUFACTURING METHOD

Non-Final OA §103
Filed
Mar 05, 2024
Priority
Mar 14, 2023 — JP 2023-039418
Examiner
CORTES, HOWARD
Art Unit
2118
Tech Center
2100 — Computer Architecture & Software
Assignee
Canon Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
406 granted / 518 resolved
+23.4% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
21 currently pending
Career history
536
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
80.8%
+40.8% vs TC avg
§102
7.9%
-32.1% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 518 resolved cases

Office Action

§103
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 . This action is responsive to communications filed 1/16/2026. As per the claims filed 3/05/2024: Claim(s) 1-18 is/are currently pending. Claim(s) 1, 16-18 is/are independent claims. Prior Art 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. 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. 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. Claim(s) 1, 6-7, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tosiya Asano et al (US PG Pub No. US2016/0223918; Published: 08/04/2016)(hereinafter: Asano) in view of Emil P. Schmitt-Weaver et al (US PG Pub No: 2016/0170311; Published: 06/16/2016)(hereinafter: Schmitt-Weaver). Claim 1: As per independent claim 1, Asano discloses a control device for controlling motions of a first movable part and a second movable part in which the first movable part is mounted [[0016] first movable part element 4 in figure 1 (moving along the X and Y direction) element 8, second movable part] the control device comprising at least one processor or circuit configured to function as: a first measuring unit configured to measure the motion of the first movable part [[0017] The X-axis position of the wafer stage 4 is measured by a laser interferometer 5 provided in the main body 1 and a reflecting mirror (not shown) which is provided on the wafer stage 4 and reflects a laser beam.]; a first compensation unit configured to generate a first amount of operation based on an output of the first measuring unit to control the motion of the first movable part [[0020] The function of the control system will be described together with each operation in an imprint process. The position control of the wafer stage 4 is performed by a wafer stage controller 12. The wafer stage controller 12 uses a feedback control system (not shown) which feedbacks a deviation obtained by subtracting the stage position measured by the above-described laser interferometer 5 from a stage position instruction sent from a main controller 15 of the imprint apparatus.] First compensation unit compensates movement of the wafer stage 4. a second compensation unit configured to generate a second amount of operation based on the output of the first measuring unit to control the motion of the first movable part [[0021] This displacement is obtained by detecting a relative position between a reference mark (not shown) provided on the wafer stage 4 and a mark provided on the wafer 3 by the alignment detector 10. This displacement information is sent to the wafer stage controller 12 via a stage position correction calculator 13. The wafer stage controller 12 corrects the displacement of the wafer 3 relative to the wafer chunk by correcting the stage position as needed]. Second compensation unit can correct displacement of the wafer relative to the stage. a first computing unit configured to generate an amount of operation for driving the first movable part based on an output of the first compensation unit and an output of the second compensation unit [[0023] A stage correction signal output by the stage position correction calculator 13 is sent to the wafer stage controller 12. The function of the stage position correction calculator 13 will be described in detail later. The correction movement of the wafer stage 4 is performed by the wafer stage controller 12, and the wafer 3 is positioned relative to the mold 8.]; a second measuring unit configured to measure the motion of the second movable part [[0019] A sensor (second detector) 6 configured to detect the displacement of the mold 8 in a positioning direction is provided in the vicinity of the imprint head mechanism 9…A relative position between the mold 8 and the wafer 3 in the X direction and the Y direction is measured by an alignment detector (detector) 10 provided in the main body 1.]. a third compensation unit configured to generate a third amount of operation based on an output of the second measuring unit to control the motion of the second movable part [[0020] However, the position (displacement) of the wafer 3 relative to the mold 8 can be corrected by correcting a position of the imprint head mechanism 9 instead of correcting the stage position. Further, the position (displacement) of the wafer 3 relative to the mold 8 can be corrected by correcting a position of the imprint head mechanism 9 in addition to correcting the stage position.]]; and a control unit configured to determine parameter values for generating the second amount of operation and the third amount of operation in the second compensation unit and the third compensation unit [[0027] An error may occur in the thus obtained displacement of the mold 8. For example, if the displacement sensor is used, a displacement between the mold 8 itself facing the wafer 3 and the sensor target needs to be further added to a displacement sensor value. Since linear calculation can nearly approximate this error, correction can be performed by multiplying the displacement sensor value by a correction gain. As for another method, correction may be performed similarly. Mold displacement information obtained by the mold displacement calculator 14 is sent to the stage position correction calculator 13. The main controller 15, the wafer stage controller 12, the mold displacement calculator 14, and the stage position correction calculator 13 form a controller C.] Asano discloses the system includes a feedback control system for stage position correction (0020). However, Asano failed to specifically disclose using machine learning and to start the machine learning in the second compensation unit and the machine learning in the third compensation unit at different timings. Schmitt-Weaver, in the same field of a lithography system discloses these limitations in that [[0007] a lithography system having a machine learning controller configured to be trained on the basis of a measured property and to correct lithography system drift by adjusting at least one selected from: the lithography apparatus, the track unit and/or the control unit. [0009] The machine learning controller may correct overlay system drift by adjusting the lithography apparatus, the track unit and/or the control unit on the basis of the overlay control signal. [0060] machine learning controller 12 is configured to generate a real-time control signal (24.1, 24.2 and/or 24.3) on the basis of lithography apparatus information. The real-time control signal 24.1 may be used to control the lithography apparatus 2 and the real-time control signal 24.2 may be used to control the track unit 6 (the real-time control signal 24.3 may be generated to control the unit 10).] Accordingly it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the feedback control of Asano to use machine learning and to start the machine learning in the second compensation unit and the machine learning in the third compensation unit at different timings as disclosed by Schmitt-Weaver. The motivation for doing so would have been to more accurately and reliably correct system drift (0007-0009). Claim 6: As per claim 6, which depends on claim 1, Asano and Schmitt-Weaver disclose wherein the first measuring unit includes a measuring instrument for measuring a position. Asano [[0017-0019] The X-axis position of the wafer stage 4 is measured by a laser interferometer 5 provided in the main body 1 and a reflecting mirror (not shown) which is provided on the wafer stage 4 and reflects a laser beam…. A relative position between the mold 8 and the wafer 3 in the X direction and the Y direction is measured by an alignment detector (detector) 10 provided in the main body] Claim 7: As per claim 7, which depends on claim 1, Asano and Schmitt-Weaver disclose wherein the first measuring unit includes a first measuring instrument and a third measuring instrument. Asano [[0017] The X-axis position of the wafer stage 4 is measured by a laser interferometer 5 provided in the main body 1 and a reflecting mirror (not shown) which is provided on the wafer stage 4 and reflects a laser beam. Similarly, a laser interferometer which measures the position of the wafer stage 4 in the Y direction is also provided.] two laser interferometers are provided one of the x direction and one for the y direction. the first compensation unit generates the first amount of operation based on an output of the first measuring instrument. Asano [[0020] the position control of the wafer stage 4 is performed by a wafer stage controller 12. The wafer stage controller 12 uses a feedback control system (not shown) which feedbacks a deviation obtained by subtracting the stage position measured by the above-described laser interferometer 5 from a stage position instruction sent from a main controller 15 of the imprint apparatus.] and the second compensation unit generates the second amount of operation based on an output of the third measuring instrument [[0021] Further, the position (displacement) of the wafer 3 relative to the mold 8 can be corrected by correcting a position of the imprint head mechanism 9 in addition to correcting the stage position.]. Claim 16: As per independent claim 16, it recites the method being executed by the control device of claim 1, therefore it is rejected under the same rationale as claim 1 above. Claim 17: As per independent claim 17, it recites a non-transitory computer-readable storage medium configured to store a computer program comprising instructions for executing the steps of the method of claim 16. Therefore it is rejected under the same rationale as claim 16 above. Claim 18: As per independent claim 18, it recites an article manufacturing method comprising: the steps of the method of claim 16, therefore it is rejected under the same rationale as claim 16 above. Additionally, Asano and Schmitt-Weaver disclose controlling the motion of the first movable part holding a target object Asano, [[0016] A wafer (substrate) 3 is mounted, by a wafer chuck (not shown), on a wafer stage (stage) 4 which is movable in the first direction (X direction and Y direction) parallel to the surface of the wafer 3. Se [0020-0022]]performing processing on the target object; and manufacturing an article using the target object processed in the processing Asano, [[0038] A manufacturing method of a device (a semiconductor integrated circuit device, a liquid crystal display device, an MEMS, or the like) as an article includes a step of transferring (forming) a pattern onto a substrate (a wafer, a glass plate, a film-like substrate, or the like) using the above-described imprint apparatus. The manufacturing method can also include a step of etching the substrate onto which the pattern is transferred. Note that when manufacturing another article such as a patterned media (storage medium) or an optical element, the manufacturing method can include, instead of the etching step, another processing step of processing the substrate onto which the pattern is transferred]. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asano and Schmitt-Weaver in view of Yusaku Oho et al. (US PG Pub No: 2020/0319616; Published: 10/08/2020)(hereinafter: Oho). Claim 2: As per claim 2, which depends on claim 1, Asano and Schmitt-Weaver failed to specifically disclose wherein the at least one processor or circuit is further configured to function as a sampling unit configured to sample a difference between a predetermined target value and the output of the first measuring unit in a predetermined cycle and then to supply the difference to the second compensation unit. Oho, in the same field of calculating and correcting a position deviation discloses this limitation in that [[0033] The subtractor 31 calculates a difference (position deviation) between a target position of the movable member 2 represented by a position command from the host control device and a measurement value of an actual position of the movable member 2 received from the position detector 4, at each predetermined sampling period, and outputs the calculated position deviation to the adder 32 and the learning control unit 24.]. Accordingly it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the control system of Asano to include a sampling unit configured to sample a difference between a predetermined target value and the output of the first measuring unit in a predetermined cycle and then to supply the difference to the second compensation unit as disclosed by Oho. The motivation for doing so would have been to improve precision control (0012) Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asano and Schmitt-Weaver in view of Ulrich Mueller (US PG Pub No: 2024/0045345; Priority: 12/30/2021)(hereinafter: Mueller). Claim 5: As per claim 5, which depends on claim 1, Asano and Schmitt-Weaver disclose the measuring unit including a laser. Asano and Schmitt-Weaver failed to specifically disclose wherein the second measuring unit includes an accelerometer. Mueller, in the same field of a lithography system discloses this limitation in that [[0018] The controller 122 is generally designed to facilitate the control and automation of the processing techniques and the compensation techniques described herein. The controller 122 may be coupled to or in communication with the processing apparatus 104, the stage 114, the position sensor 128, a plurality of active compensators 212 (as shown in FIGS. 2A-2C), a base accelerometer 218 (as shown in FIGS. 2A and 2B), and the encoder 118.]. Accordingly it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the sensor of Asano and Schmitt-Weaver to include an accelerometer as a measuring unit as disclosed by Schmitt-Weaver. The motivation for doing so would have been to more accurately measure disturbances in order to reduce unwanted forces such as vibrations(0002-0004). Allowable Subject Matter Claims 3-4, 8-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of record, alone or in any reasonable combination discloses the subject matter of claims 3-4, 8-15. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD CORTES whose telephone number is (571)270-1383. The examiner can normally be reached on M-F, 8:00 am - 5:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott T Baderman can be reached on (571)272-3644. 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. /HOWARD CORTES/Primary Examiner, Art Unit 2118
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Prosecution Timeline

Mar 05, 2024
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
93%
With Interview (+14.2%)
3y 1m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 518 resolved cases by this examiner. Grant probability derived from career allowance rate.

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