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 .
Election/Restrictions
Applicant's election with traverse of Claims 30-32 and 45 (generic) and claims 34, 38-41 (Species) in the reply filed on 02/12/2026 is acknowledged.
As an initial matter, the examiner clarifies that applicant’s election of species XXI include claims 38-39 (as opposed to just claim 39). Therefore, applicant’s election of species XXI has been construed as an election of claims 38-39.
The traversal is on the grounds that by electing a grouping including generic claim 30, substantive examination should be provided for claim 1 since the limitations of claim 1 are required in claim 30. This argument is persuasive.
Therefore, the examiner hereby rejoins claims 1 and 28 with applicant’s election for substantive examination. Additionally, since applicant elected species XXI (claims 38-39) and XXII (claims 40-41), the examiner notes that such an election is analogous to an election of species IV (claims 5-6) and species V (claims 7-8), respectively. Therefore, the examiner hereby rejoins claims 5-8 with applicant’s election for substantive examination.
As a result, claims 1, 5-8, 28, 30-32, 34, 38-41, and 45 are hereby considered for substantive examination. Claims 2-4, 9-27, 29, 33, 35-37, and 42-44 are withdrawn from further consideration as being drawn to a non-elected invention. Since applicant did not traverse the restriction requirement with respect to claims 2-4, 9-27, 29, 33, 35-37, and 42-44, applicant’s election as modified herein by the examiner is being considered an election without traverse.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1, 28, 30 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Hill et al. (US 2019/0041329 A1), hereafter Hill, in view of Han et al. (US 2017/0287151 A1, included in IDS on 08/20/2024), hereafter Han.
Regarding claims 1, 30 and 45, Hill teaches a metrology system, a device and method (Fig. 1A element 100, [0030]), comprising:
an illumination source (Fig. 1B element 112) configured to generate illumination, [0035];
one or more optical sub-systems (Fig. 1B element 102), wherein a respective one of the one or more optical sub-systems includes one or more optical elements (Fig. 1B elements 116, 122, 120, 136, 124, 134,, [0037, 0038, 0040]) configured to direct the illumination to a sample (Fig. 1B element 104), (elements 116, 122, 120, 136, 124 direct illumination beam 114 to the sample 104, [0040]) and collect sample light from the sample in response to the illumination, (elements 124, 136, 134 collect sample light 130, [0039]), wherein the one or more optical elements (Fig. 1B element 124 and/or 134) provide optical power for at least one of focusing the illumination on the sample (104), [0038] or collecting the sample light from the sample (104), [0039];
a one or more detectors (Fig. 1B element 128) configured to generate detection signals based on the sample light (130) collected by the one or more optical sub-systems (102), [0039, 0067]; and
a controller (Fig. 1B element 106, [0033-0034]) communicatively coupled to the one or more detectors (Fig. 1B element 128), [0074, 0084], wherein the controller (106) includes one or more processors (Fig. 1B element 108) configured to execute program instructions stored in a memory device (Fig. 1B element 110), [0034], wherein the program instructions are configured to cause the one or more processors (Fig. 1B element 108, [0042-0043]) to execute a metrology recipe by generating a plurality metrology of measurements of the sample based on the detection signals (130) from the one or more detectors (Fig. 1B element 128), (“acquiring two or more overlay signals from an overlay metrology tool (e.g., overlay metrology tool 102) using two or more different recipes”, [0086, 0091].
Hill fail to teach wherein at least one of the one or more optical elements includes one or more metasurfaces configured to manipulate at least one of the illumination or the sample light using sub-wavelength features, wherein the sub-wavelength features are smaller than at least some wavelengths in at least one of the illumination or the sample light.
However, Han related to optical measurements devices of spatial and geometric properties of a sample and thus from the same field of endeavor teaches wherein at least one of the one or more optical elements includes one or more metasurfaces, (Fig. 10 element 101 comprises optical elements including first and second meta surfaces MS1 and MS2, [0081-0082]) configured to manipulate at least one of the illumination, [0083] or the sample light using sub-wavelength features, (“The first metasurface MS1 and the second metasurface MS2 each include a plurality of nanostructures having sub wavelength dimensions”, [0084]) wherein the sub-wavelength features are smaller than at least some wavelengths in at least one of the illumination or the sample light, (“a structured light generator including: a light source configured to emit light; and a first meta optical device including a first metasurface including nanostructures having sub-wavelength dimensions that are less than a wavelength of the light emitted from the light source”, [0026, 0059]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hill by including wherein at least one of the one or more optical elements includes one or more metasurfaces configured to manipulate at least one of the illumination or the sample light using sub-wavelength features, wherein the sub-wavelength features are smaller than at least some wavelengths in at least one of the illumination or the sample light. (as taught by Han) for several advantages such as: the incorporation of optical elements comprising metasurfaces permit to form a distribution of light rays thereby radiating structured light, thus allow to generate structured light having a high contrast ratio and determine a precise motion and 3D shape of an object, thus increase the device accuracy and versatility, ([0008, 0117-0118], Han).
Regarding claim 28, Hill in the combination outlined above teaches the device of claim 1.
Han further teaches wherein the one or more metasurfaces include two or more metasurfaces, wherein at least two of the two or more metasurfaces are formed as a stacked structure, (Fig. 10 element 101 comprises optical elements including first and second meta surfaces MS1 and MS2 form as a stacked structure, [0081-0082], also as shown in Fig. 11, [0086])
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hill by including wherein the one or more metasurfaces include two or more metasurfaces, wherein at least two of the two or more metasurfaces are formed as a stacked structure (as taught by Han) for several advantages such as: the incorporation of optical elements comprising metasurfaces permit to form a distribution of light rays thereby radiating structured light, thus allow to generate structured light having a high contrast ratio and determine a precise motion and 3D shape of an object, thus increase the device accuracy and versatility, ([0008, 0117-0118], Han).
Claims 31-32 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Hill in view of Han and further in view of Chuang et al. (US 2019/0285407 A1), hereafter Chuang.
Regarding claim 31-32 and 34, Hill in the combination outlined above teaches the metrology system.
The modified device of Hill fail to teach:
(claim 31) wherein the one or more optical sub-systems comprise two or more optical sub-systems.
(claim 32) wherein a distribution of the two or more optical sub-systems is arranged to provide parallel measurements of features in one or more fields on the sample.
(claim 34) wherein the distribution of the two or more optical sub-systems is arranged to provide at least two of the two or more optical sub-systems for at least one of the one or more fields on the sample.
However, Chuang related to optical measurements devices of spatial and geometric properties of a sample and thus from the same field of endeavor teaches:
(claim 31) wherein the one or more optical sub-systems (Fig. 6 element 600, [0028]) comprise two or more optical sub-systems, (as shown in Fig. 6 the device comprises the collection subsystem that further comprises a plurality of optical sub-system as a Beam Profile Ellipsometer (BPE) 610, a Beam Profile Reflectometer (BPR) 612, a Broadband Reflective Spectrometer (BRS) 614, a Deep Ultra Violet Reflective Spectrometer (DUV) 616, a Broadband Spectroscopic Ellipsometer (BSE) 618, and a reference ellipsometer 602, [0115]).
(claim 32) wherein a distribution of the two or more optical sub-systems (Fig. 6 element 600, [0028]) is arranged to provide parallel measurements of features in one or more fields on the sample, (the combination of the measuring instruments may be used to measure optical signals for a plurality of periodic targets that each have a first structure formed on a first layer and a second structure formed on a second layer of a sample, allow the device to perform parallel data acquisition, [0095, 0137]).
(claim 34) wherein the distribution of the two or more optical sub-systems (Fig. 6 element 600, [0028]) is arranged to provide at least two of the two or more optical sub-systems for at least one of the one or more fields on the sample, (as shown in Fig. 6 the device comprises the collection subsystem that further comprises a plurality of optical sub-system that are arrange to measure optical signals for a plurality of periodic targets that each have a first structure formed on a first layer and a second structure formed on a second layer of a sample, [0137, 0115]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Hill by including wherein the one or more optical sub-systems comprise two or more optical sub-systems, wherein a distribution of the two or more optical sub-systems is arranged to provide parallel measurements of features in one or more fields on the sample, wherein the distribution of the two or more optical sub-systems is arranged to provide at least two of the two or more optical sub-systems for at least one of the one or more fields on the sample (as taught by Chuang) for several advantages such as: the device is capable of serial and parallel data acquisition without moving the wafer stage or moving any optical elements or the ellipsometer stage, thus increase the efficiency of the device, ([0095], Chuang).
Claims 5-8 and 38-41 are rejected under 35 U.S.C. 103 as being unpatentable over Hill in view of Han and further in view of Chen et al. (US 2021/0103141 A1), hereafter Chen.
Regarding claims 5-8 and 38-41, Hill in the combination outlined above teaches the metrology system and device.
The modified device of Hill further teaches wherein at least one of the one or more optical elements comprises: an objective lens, (Fig. 1B element 124 is an objective lens. [0038], Hill), the one or more optical elements includes one or more metasurfaces, (Fig. 10 element 101 comprises optical elements including first and second meta surfaces MS1 and MS2, [0081-0082], Han)
The modified device of Hill fail to teach:
(claims 5 and 38) wherein at least one of the one or more metasurfaces comprises: an objective lens.
(claim 6) wherein the objective lens is a multi- surface element formed from at least two metasurfaces of the one or more metasurfaces.
(claim 39) wherein the objective lens is formed from at least two metasurfaces of the one or more metasurfaces.
(claims 7 and 40) wherein the one or more optical elements include one or more bulk optical elements, wherein at least one of the one or more metasurfaces is formed on a surface of at least one of the one or more bulk optical elements.
(claims 8 and 41) wherein the one or more metasurfaces include two or more metasurfaces, wherein at least one of the one or more bulk optical elements includes at least two of the two or more metasurfaces.
However Chen related to optical elements in a irradiation device and thus from the same field of endeavor teaches:
(claims 5 and 38) wherein at least one of the one or more metasurfaces comprises: an objective lens, (as shown Figs. 1(b) and 3a the device is an objective lens comprising metasurface attached to the lens, [0046, 0058]).
(claim 6) wherein the objective lens is a multi- surface element formed from at least two metasurfaces of the one or more metasurfaces, (as shown in Fig. 1(b) the metasurface 130 is form with multiples nano-pillars 135 as multi-surfaces elements, also fig. 1(b) is avmetasurface doublet lens [0046]). Additionally, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). MPEP 2144.04.
(claim 39) wherein the objective lens is formed from at least two metasurfaces of the one or more metasurfaces, (as shown in Fig. 1(b) the metasurface 130 is form with multiples nano-pillars 135, also fig. 1(b) is metasurface doublet lens [0046]). Additionally, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). MPEP 2144.04.
(claims 7 and 40) wherein the one or more optical elements include one or more bulk optical elements, (as shown in Figs. 1B and 3(a) the optical include bulk optical elements as optical lens and objective lens, [0046, 0058]), wherein at least one of the one or more metasurfaces is formed on a surface of at least one of the one or more bulk optical elements, (FIG. 3a illustrates a ray-tracing diagram for a Zeiss oil immersion Fluor objective coupled with a metasurface, also shown in Figs, 1b, [0046, 0058]),
(claims 8 and 41) wherein the one or more metasurfaces include two or more metasurfaces, wherein at least one of the one or more bulk optical elements includes at least two of the two or more metasurfaces, (as shown in Fig. 1(b) the metasurface 130 is form with multiples nano-pillars 135, also fig. 1(b) is metasurface doublet lens [0046]). Additionally, even in the arguendo that the one or more bulk optical elements includes at least two of the two or more metasurfaces. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the metasurfaces as result of routine optimization in order to boost transmission efficiency, since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). MPEP 2144.04.
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Hill by including wherein at least one of the one or more metasurfaces comprises: an objective lens, wherein the objective lens is formed from at least two metasurfaces of the one or more metasurfaces, wherein the one or more optical elements include one or more bulk optical elements, wherein at least one of the one or more metasurfaces is formed on a surface of at least one of the one or more bulk optical elements, wherein the one or more metasurfaces include two or more metasurfaces, wherein at least one of the one or more bulk optical elements includes at least two of the two or more metasurfaces, wherein the objective lens is a multi- surface element formed from at least two metasurfaces of the one or more metasurfaces, (as taught by Chen) for several advantages such as: the incorporation of metasurfaces in the objective permit to reduce monochromatic aberrations and chromatic aberration allowing to reduce the chromatic focal length shifts, rendering the focal spots diffraction-limited over a large bandwidth and also can significantly improve spatial resolution of the imaging system thus increase the device accuracy, ([0004, 0007, 0039], Chen).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han et al. (US 2020/0067278 A1), discloses a light source array device including a meta-surface layer , wherein the meta-surface include meta lens, meta-prism and/or meta-diffractive element. The meta-surface layer may have sub-wavelength dimensions and may include a nanostructure with a refractive index that is greater than a reflective index of a material provided around the nanostructure.
Swillan et al. (US 2024/0241453 A1), discloses a metrology system comprising a coherence scrambler device comprises a metasurface and a controller. The metasurface is configured to receive coherent radiation and to produce a non-uniform change in a phase of the coherent radiation. The controller is configured to tune an optical property of the metasurface so as to change an amount of incoherence of the coherent radiation to generate coherence-scrambled radiation. The processor is configured to analyze the measurement signal to determine a characteristic of the target.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS G PEREZ-GUZMAN whose telephone number is (571)272-3904. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at (571) 272-2287. The fax phone 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.
/CARLOS PEREZ-GUZMAN/ Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877