DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 13, 2026 has been entered.
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 1-6 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Sakata [JP-2017-053893] in view of Ahn et al. [US 2020/0174376, cited in the previous Office Action mailed on October 16, 2025].
For claims 1 and 12, Sakata teaches a measuring device (see Figs. 9, 12, 13, and 17) and associated method for inspecting photomasks, comprising an illumination system (optical system 54, 59 for illuminating the reference mirror 52, see pages 4 and 5 and Figs. 9 and 12), a projection lens (collection optical system 55, 60 and 61, see pages 4 and 5 and Figs. 9 and 12) and an EUV image sensor (56), wherein EUV radiation emitted by an EUV radiation source (53) is guided via the illumination system to a photomask (the reference mirror 52 is the same as that of the EUV mask 10), wherein EUV radiation reflected at the photomask is guided via the projection lens to the EUV image sensor such that the photomask is imaged on the EUV image sensor (see pages 4 and 5 and Figs. 9 and 12), and wherein the measuring device comprises a frame component part (24, see Fig. 2), wherein the frame component part carries a pellicle (21) and wherein the pellicle is arranged between the photomask and the projection lens such that the EUV radiation reflected at the photomask passes through the pellicle (see pages 4 and 5 and Figs. 9 and 12).
Sakata fails to teach that the photomask has structures configured to be transferred by photolithography to a lithography object to produce a portion of a circuit pattern of an integrated circuit.
Ahn teaches an inspection apparatus (see Fig. 1) that includes a photomask (mask M and [0070]) having structures configured to be transferred by photolithography to a lithography object to produce a portion of a circuit pattern of an integrated circuit (fine pattern image of circuit device, see [0002]-[0006]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the EUV photomask as taught by Ahn as the inspection apparatus reflection surface as taught by Sakata in order to allow for inspection of an EUV production mask pattern transfer characteristics under different pellicle environments.
For claims 2 and 13, Sakata teaches the pellicle is arranged between the illumination system and the photomask such that EUV radiation coming from the illumination system passes through the pellicle (see pages 4 and 5 and Figs. 9 and 12).
For claims 3 and 14, Sakata teaches a vacuum chamber (73, see page 6 and Figs. 13 and 17), in which the projection lens, the illumination system, the EUV radiation source and/or the photomask are arranged.
For claims 4 and 15, Sakata teaches the frame component part is detachably connected to a carrying structure (set on pellicle base 74, see page 6) of the measuring device.
For claims 5 and 16, Sakata teaches the frame component part is detachably connected to a carrying component which is a constituent part of a loading mechanism (the pellicle base 74 is moved to the inspection room 73 and placed on the XY stage 78 , see page 6) of the measuring device.
For claims 6 and 17, Sakata teaches an airlock chamber (chamber 72), wherein the loading mechanism is designed to convey the pellicle into the airlock chamber.
For claim 11, Sakata teaches the pellicle consists of a silicon material (pellicle 20 for EUV uses a single crystal silicon film or a polysilicon film, see page 3).
invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7, 8, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sakata in view of Ahn as applied to claims 1 and 12 above, and further in view of Takehisa et al. [JP 5544663 B2].
For claims 7, 8, 18, and 19, Sakata fails to teach the photomask is arranged in a partial chamber of the vacuum chamber and wherein the partial chamber is separated from other regions of the vacuum chamber by a housing wall, wherein the partial chamber comprises an opening through which EUV radiation coming from the illumination system enters into the partial chamber and/or through which the EUV radiation reflected to the projection lens exits.
Takehisa teaches the photomask is arranged in a partial chamber (C-2, see Fig. 7) of the vacuum chamber and wherein the partial chamber is separated from other regions of the vacuum chamber by a housing wall (330 provided with hole, see Fig. 7), wherein the partial chamber comprises an opening through which EUV radiation coming from the illumination system enters into the partial chamber and/or through which the EUV radiation reflected to the projection lens exits (see Fig. 7).
It would have been obvious to one of ordinary skill in the art prior to the effecting filing date of the claimed invention to provide the partial chamber as taught by Takehisa in the measurement device as taught by Sakata in order to provide differential exhaust and prevent debris contaminating the mask.
Claims 9, 10, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sakata in view of Ahn and Takehisa as applied to claims 8 and 19 above, and further in view of Yan [US 6,197,454].
For claims 9, 10, and 20, Sakata fails to teach the pellicle is stretched over the opening, wherein the pellicle is sealingly flush with a housing edge surrounding the opening.
Yan teaches the pellicle is stretched over the opening (window 290 over hole 280 of chamber 240, see Fig. 2), wherein the pellicle is sealingly flush with a housing edge surrounding the opening (window covering at border 270 with cover 260, see Fig. 2 and col. 4 lines 9-54).
It would have been obvious to one of ordinary skill in the art prior to the effecting filing date of the claimed invention to provide the sealed opening as taught by Yan in the measurement device as taught by Sakata in order to provide a clean enclosure for the mask and reduce contamination.
Response to Arguments
Applicant's arguments filed April 13, 2026 have been fully considered but they are not persuasive. The Applicant argues on pages 7-11 of the Remarks, regarding claims 1 and 12, that if one of ordinary skill in the art were to modify Sakata by replacing the mirror 52 of Sakata with a photomask having structures configured to be transferred by photolithography to a lithography object to produce a portion of a circuit pattern of an integrated circuit would change the principle of operation of Sakata.
The Examiner respectfully disagrees. Ahn shows line and space patterns of a mask that are imaged with no pellicle in Figs. 17(a) and 18 and line and space pattern with various pellicles provided above the mask M in Figs. 17(b)-17(d) and 18. There is no impediment to measuring a wavefronts for direct comparison as shown in Fig. 18. Further, Ahn also teaches measuring contamination of the pellicle in Figs. 15 and 16 and in paragraphs [0090]-[0093] using the mask. There is no indication that there would be a change in principle operation of Sakata based on the introduction of a production mask to inspection apparatus. Instead, the introduction of production mask to the inspection system would allow for also testing the viability of the pellicle in a production environment relative a desired mask pattern.
Applicant’s arguments with respect to claims 1 and 12 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. Ahn is relied upon to teach the salient features of the claim amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven H Whitesell whose telephone number is (571)270-3942. The examiner can normally be reached Mon - Fri 9:00 AM - 5:30 PM (MST).
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, Curt Mayes can be reached at 571-272-1234. 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.
/Steven H Whitesell/Primary Examiner, Art Unit 1759
Prosecution Insights