Prosecution Insights
Last updated: August 16, 2026
Application No. 18/639,028

MEASUREMENT APPARATUS AND METHOD FOR INSPECTING PHOTOMASKS INTENDED FOR EUV MICROLITHOGRAPHY

Final Rejection §103
Filed
Apr 18, 2024
Priority
Apr 21, 2023 — DE 102023110174.9
Examiner
WANG, JING
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Carl Zeiss SMT GmbH
OA Round
2 (Final)
100%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
6 granted / 6 resolved
+32.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
61 currently pending
Career history
43
Total Applications
across all art units

Statute-Specific Performance

§101
5.7%
-34.3% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
27.1%
-12.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 6 resolved cases

Office Action

§103
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 . Response to Arguments Applicant's arguments filed on 07/10/2026 have been fully considered but they are not persuasive. The drawing objections of record are withdrawn in light of applicant’s amendments. The specification objections of record are withdrawn in light of applicant’s amendments. The indefiniteness rejections of record are withdrawn in light of applicant’s amendments. Applicant argues that Yakunin is merely a lithographic exposure apparatus that projects a mask pattern onto a substrate, rather than a measurement apparatus for inspecting photomasks, and that Wang does not cure this deficiency. This is not persuasive. Wang expressly teaches an EUV reticle inspection apparatus using an EUV imaging sensor, in which EUV radiation reflected from the reticle is collected to form an image of the reticle at the image sensor for inspection. Thus, Wang teaches the claimed measurement apparatus for inspecting a photomask. Yakunin is relied upon for the EUV source-side optical system and pellicle arrangement, while Wang supplies the image-sensor-based photomask inspection function. Applicant’s argument improperly considers the references individually rather than addressing what their combined teaching would have suggested to one of ordinary skilled in the art. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Accordingly, the 103 rejections of record are maintained. 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. 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. Claims 1-5, 7, and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2013/0088699 A1 [hereinafter Yakunin] in view of US 2012/20235049 A1[hereinafter Wang]. Regarding Claims 1 and 14: Yakunin teaches an apparatus and a method comprising: an EUV radiation source (Figs. 1/2- Source collection module SO), an illumination system (Figs 1/2- illumination system IL), a projection lens (Figs.1/2- projection system PS), wherein EUV radiation emitted by the EUV radiation source is guided via the illumination system to a photomask/ guiding EUV radiation emitted by the EUV radiation source via the illumination system to a photomask (paras. [0045, 0047:]: “the illuminator IL receives an extreme ultraviolet (EUV) radiation beam from the source collector module SO,” “The radiation beam B is incident on the patterning device (e.g. mask) MA”); wherein EUV radiation reflected at the photomask is guided via the projection lens/ guiding EUV radiation reflected at the photomask via the projection lens (para. [0047]: “After being reflected from the patterning device (e.g. mask) MA, the radiation beam B passes through the projection system PS, which focuses the beam onto a target portion C of the substrate W”), and wherein a pellicle is arranged between the EUV radiation source and the illumination system such that the EUV radiation passes through the pellicle between the EUV radiation source and the illumination system/passing the EUV radiation through a pellicle between the EUV radiation source and the illumination system (paras. [0078-0081]: “the membrane being configured to permit the passage of the radiation beam through the membrane… [and]...to prevent the passage of contamination particles through the membrane... the membrane may form a pellicle;” “The membrane may be provided after the source module SO and before optics of the illumination system IL” ... “A membrane formed from graphene may be provided at any suitable location in the lithographic apparatus. The membrane may for example be configured to stop the passage of contamination particles through the lithographic apparatus”). However, Yakunin does not specially note an EUV image sensor and the EUV radiation is guided to the EUV image sensor with the result that the photomask is imaged onto the EUV image sensor. Wang teaches a measurement apparatus and a method for the inspection of photomasks (Abstract: inspecting a photomask using an EUV retile imaging system), comprising an EUV image sensor and the EUV radiation is guided to the EUV image sensor with the result that the photomask is imaged onto the EUV image sensor (para. [0136]: The mask inspection apparatus may further include optics (e.g. mirrors) configured to collect EUV radiation reflected from the mask and form an image of the mask at the imaging sensor). Yakunin teaches an EUV optical system in which radiation reflected from a mask passes through projection optics, and images the patterned beam onto a substrate; while Wang teaches that in an EUV mask inspection apparatus the reflected EUV radiation is collected and directed to an EUV image sensor to form an image of the mask at the sensor. Therefore, it would have been obvious for an ordinary skilled person, before the effective time of filing, to modify Yakunin to use Wang’s image sensor-based detection in place of substrate imaging so that Yakunin’s reflected EUV mask image could be directedly captured and evaluated in an inspection system, thereby enabling mask inspection and defect/contamination assessment without relying on resist-based substrate exposure. Regarding Claims 2 and 15: Yakunin in view of Wang teaches the measurement apparatus and method of claims 1 and 14, respectively. Yakunin further teaches wherein the pellicle is arranged between the EUV radiation source and a first mirror of the illumination system (paras. [0057 and 0079]: the illumination system IL includes a first mirror device 22 and a second mirror device 24, “The membrane may be provided after the source module SO and before optics of the illumination system IL”, including first and second mirror device 22/24). Regarding Claims 3 and 16: Yakunin in view of Wang teaches the measurement apparatus and method of claims 1 and 14, respectively. Yakunin further teaches a vacuum chamber in which the projection lens, the illumination system and/or the EUV radiation source are arranged (see annotated Fig. 2 below and para. [0042]: “It may be desired to use a vacuum for EUV radiation since gases may absorb too much radiation. A vacuum environment may therefore be provided to the whole beam path,” which includes projection lens, the illumination system, and/or the EUV radiation source are arranged). PNG media_image1.png 616 1097 media_image1.png Greyscale Regarding Claims 4 and 17: Yakunin in view of Wang teaches the measurement apparatus and method of claims 3 and 16, respectively. Yakunin further teaches the EUV radiation source is arranged in a subchamber of the vacuum chamber (see annotated Fig. 2 above and para. [0053]: “The source collector module SO is constructed and arranged such that a vacuum environment can be maintained in an enclosing structure 220 of the source collector module SO”). Regarding Claims 5 and 18: Yakunin in view of Wang teaches the measurement apparatus and method of claims 4 and 17, respectively. Yakunin further teaches wherein the subchamber has an exit opening and wherein the exit opening is covered by the pellicle (see annotated Fig. 2 above and paras. [0055, 0079]): “the inter mediate focus IF is located at or near an opening 221,” and “the membrane and particle trapping structure may be positioned at the end of the gas conduit 32 which is closest to the intermediate focus IF”). Regarding Claims 7 and 19: Yakunin in view of Wang teaches the measurement apparatus and method of claims 1 and 14, respectively. Wang further teaches wherein the pellicle is suspended on a frame and wherein the frame is detachably connected to a carrying structure of the measurement apparatus (Figs. 2A-2B, paras. [0081, 0088]: the frame 17 holds the pellicle 19, and an engagement mechanism 22 allow the frame to be removably attachable to the underlying carrying device (e.g., MA)). Regarding Claims 10 and 20: Yakunin in view of Wang teaches the measurement apparatus and method of claims 1 and 14, respectively. Yakunin further teaches a spectral filter arranged between the EUV radiation source and the photomask (para. [0096]: “a spectral purity filter 76 which includes a graphene sheet 78… The in-band radiation B passes through the out-of-band radiation suppression structure 82 and graphene sheet 78 and may then pass to the patterning device and hence the substrate,” thus, the spectra filter is disposed in the optical path upstream of the patterning device, i.e., between the EUV radiation source of the photomask). Regarding Claim 11: Yakunin in view of Wang teaches the measurement apparatus of claims 10. Yakunin further teaches wherein the spectral filter is arranged between the pellicle and the photomask (since the pellicle/membrane is arranged upstream in the source side optical path, and radiation passes spectral filter 76 before reaching the patterning device, Yakunin teaches a spectral filter arranged downstream of the pellicle and upstream of the photomask). Regarding Claim 12: Yakunin in view of Wang teaches the measurement apparatus of claims 10. Yakunin further teaches wherein the spectral filter is arranged between a mirror of the illumination system and the photomask (since the illumination system is between the source side and the pattern device, and radiation passes spectral filter 76 before reaching the patterning device, Yakunin teaches a spectral filter located in the beam path after at least one mirror of the illumination system and before the photomask). Regarding Claim 13: Yakunin in view of Wang teaches the measurement apparatus of claims 10. Yakunin further teaches wherein the spectral filter is applied as a coating to the pellicle (paras. [0068, 0114]: since the membrane may comprises zirconium, silicon, molybdenum, and the spectra filter may also comprise suppression layers made from zirconium, silicon, molybdenum, the spectral filter material can be applied as a coating on the membrane so the pellicle also provides spectral filtering). Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yakunin in view of Wang, further in view of US 2022/0155675 A1 [hereinafter ASML]. Regarding Claim 6: Yakunin in view of Wang teaches the measurement apparatus of claims 5. Yakunin teaches an exit opening of an enclosure. However, the combined references does not teach wherein the pellicle is sealingly flush with a housing periphery. ASML teaches wherein the pellicle is sealingly flush with a housing periphery (paras. [0053 and 0145]: the pellicle may be held in a frame which to be provided “a hermetically sealed space” with its periphery device and the frame can be mounted and demounted from the device). Yakunin teaches a EUV system in which radiation exits an opening in an enclosing structure surrounding the EUV radiation source before passing a pellicle/membrane. ASML teaches a pellicle assembly in which the pellicle is carried by a frame arranged to create a hermetically sealed space when attached to another structure and to be mounted/demounted as an assembly. Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to use ASML’s framed sealing arrangement at Yakunin’s enclosure opening so that the pellicle taught in Yakunin could be securely mounted at the opening with reduced bypass of debris around the pellicle edge, thereby improving contamination control in Yakunin’s source side chamber. Regarding Claim 9: Yakunin in view of Wang teaches the measurement apparatus of claims 5. Yakunin teaches a vacuum chamber encloses the entire beam path including the pellicle. However, the combined references does not teach a loading mechanism to remove the pellicle from the vacuum chamber. ASML teaches a loading mechanism to remove the pellicle [from the vacuum chamber] (paras. [0145, 0178]: the pellicle assembly can be mounted or demounted from its periphery device via a pellicle assembly handing system including a pellicle assembly gripper 400 for positioning and handling the pellicle assembly). Yakunin teaches a source side pellicle arrangement in an enclosed EUV system. ASML teaches a handling system, including a gripper, for mounting and demounting a pellicle assembly. Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to use ASML’s pellicle handling mechanism with Yakunin’s pellicle arrangement so the pellicle could be removed and replaced more efficiently during maintenance, thereby reducing downtime and facilitating servicing of the source-side chamber. Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yakunin] in view of Wang, further in view of US 2019/0104604 A1 [hereinafter Chien] Regarding Claim 8: Yakunin in view of Wang teaches the measurement apparatus of claim 1. However, the combined references does not teach a holding device, which carries a plurality of pellicles, wherein the EUV radiation passes through a first pellicle in a first state of the holding device and wherein the EUV radiation passes through a second pellicle in a second state of the holding device. Chien teaches a holding device, which carries a plurality of pellicles, wherein the EUV radiation passes through a first pellicle in a first state of the holding device and wherein the EUV radiation passes through a second pellicle in a second state of the holding device (Fig. 5e and para. [0056]: two collector pellicles 160 and 160’ are held by frame 150, and the frame is fixed to a revolving mechanism 200, when one pellicle becomes contaminated, that pellicle is moved or rotated away and the other pellicle is moved or rotated into the position overlapping the collector mirror, hereby switching between different collector pellicles). Yakunin teaches a pellicle in a source side EUV system. Chien teaches an EUV system including a revolving holding arrangement that switches between multiple pellicles for radiation by rotation. Therefore, it would have been obvious for an ordinary skilled person in the art, before the effective time of filing, to use Chien’s multi-pellicle switching arrangement with Yakunin’s pellicle in order to replace a contaminated pellicle with another pellicle without substantial interruption of operation. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JING WANG whose telephone number is (571)272-2504. The examiner can normally be reached M-F 7:30-17:00. 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, Robert Kim can be reached at 571-272-2293. 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. /JING WANG/Examiner, Art Unit 2881 /DAVID E SMITH/Examiner, Art Unit 2881
Read full office action

Prosecution Timeline

Apr 18, 2024
Application Filed
May 01, 2026
Non-Final Rejection mailed — §103
Jul 10, 2026
Response Filed
Jul 31, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12662398
ULTRAVIOLET LIGHT FLUID TREATMENT DEVICE
2y 8m to grant Granted Jun 23, 2026
Patent 11080691
FORK-TOLERANT CONSENSUS PROTOCOL
2y 3m to grant Granted Aug 03, 2021
Study what changed to get past this examiner. Based on 2 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

3-4
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 6 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