Prosecution Insights
Last updated: April 19, 2026
Application No. 18/651,417

SYSTEM AND METHOD OF OPTICAL MEASUREMENT OF NUMERICAL APERTURE OF OBJECTIVE LENS

Non-Final OA §103§112
Filed
Apr 30, 2024
Examiner
NGUYEN, KEMAYA DEANN HUU
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
57 granted / 76 resolved
+7.0% vs TC avg
Strong +40% interview lift
Without
With
+39.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
30 currently pending
Career history
106
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
52.7%
+12.7% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 76 resolved cases

Office Action

§103 §112
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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “stage” (claim 18) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claim 18 is objected to because of the following informalities: On line 5, “a stage in which are disposed” should be corrected to say –a stage in which--. On line 6, “mirror” should be corrected to say –mirror are disposed--. It is recommended to match Specification para. [0007] with the correct grammar. Appropriate correction is required. 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 20-21 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. As to claim 20, the limitation “a plurality of nuts penetrating through the support on at least three vertical edges of the support” is unclear. Specifically, it is unclear how the nuts penetrate through “at least three vertical edges of the support” because Fig. 10 of the current application does not support the claim limitation. Specification para. [0112] states: “The plurality of nuts 114a, 114b and 114c may penetrate through the support 112 from at least three vertical edges of the support 112”. However, nuts 114a, 114b and 114c penetrate through the support 112 vertically from at least three locations on one of the faces of the support 112, according to fig. 11. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “vertical edges” is not properly used with its English definition, “the edges of a rectangular prism are the line segments that lie at the boundaries of the prism” (neurochispas). In other words, the vertical edges of a rectangular prism are the line segments that connect the vertices of the prism. In the case of a rectangular prism, these edges are shared by two faces, as each face has four edges. If the applicant is referring to the “face” instead of the “edge”, the claim limitation should be corrected to reflect this. For examination purposes, the examiner is interpreting the limitation to match fig. 11: a plurality of nuts vertically penetrating through one face of the support. PNG media_image1.png 566 562 media_image1.png Greyscale Current application fig. 10 Further, as to claim 20, the limitation “a plurality of adjustment bolts penetrating through the support by being fastened to the plurality of nuts” is unclear. Specifically, it is unclear how the bolts both penetrate through the support and are fastened to the nuts because Fig. 10 of the current application does not support the claim limitation. Specification para. [0112] states: “the plurality of adjustment bolts 115a, 115b and 115c may be fastened to the plurality of nuts 114a, 114b and 114c to penetrate through the support 112”. However, bolts 115a, 115b and 115c are only fastened to the nuts 114a, 114b and 114c, and do not penetrate through the support 112. The nuts 114a, 114b and 114c penetrate the support 112, while the bolts 115a, 115b and 115c do not, according to fig. 11. For examination purposes, the examiner is interpreting the limitation to match fig. 11: a plurality of adjustment bolts are fastened to the plurality of nuts. Claim 21 is rejected due to its dependencies. 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 of this title, 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, 8, 10-12, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu et al. (JP2010139419A), hereinafter Komatsu, in view of Jian (US10209195B2), further in view of Holman et al. (US7520642B2), hereinafter Holman. As to claim 1, Komatsu teaches an optical measurement system (abstract; fig. 1; shape measuring apparatus 1) comprising: an optical unit (abstract; fig. 1; illumination optical system 2) including: an objective lens configured to allow light incident from a light source to be incident on a target (pg. 2 ln. 43-47; fig. 1; objective lens 17 allows light from the light source 11 to be incident on the inspection object S), and at least one beam splitter configured to transmit light reflected from the mirror and incident on the objective lens, to a first sensor (fig. 1; pg. 2 ln. 48-54; The half mirror 15 transmits and reflects light and thus, acts as a beam splitter. The half mirror 15 transmits light reflected from the inspection object S to the image sensor 21); and a controller (fig. 1; control unit 20) configured to measure a numerical aperture of the objective lens (pg. 6 ln. 7-8; The image signal acquired by the image sensor 21 can be electrically processed by the control unit 20. Pg. 2 ln. 24-26; The numerical aperture of the objective lens is measured) using a back focal image of the objective lens from the first sensor (pg. 2 ln. 48-54; Light passes through the objective lens 17 to the inspection object S, and reflected back from the inspection object S through the objective lens 17 to the inherent back focal plane) in a state in which the target is placed so that a focus of the objective lens and a center of the target are aligned with each other (fig. 1; the focus of the objective lens 17 and the center of the inspection object S are aligned with each other). However, Komatsu does not explicitly disclose the target is a hemispherical mirror including: a planar portion, a spherical portion having a hemispherical recessed shape in the planar portion, and a plurality of latitude markers formed in the spherical portion and having different reflectance from the spherical portion. Jian, in the same field of endeavor as the claimed invention, teaches the target is a hemispherical mirror (Jian fig. 4-5; hemisphere mirror 23) including: a planar portion (Jian fig. 5; focal plane F-F), a spherical portion having a hemispherical recessed shape in the planar portion (Jian claim 6; fig. 5; a spheroid center of the mirror overlapped with a focal point of the focal plane F-F, and is thus a hemispherical recessed shape in the planar portion). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include the target is a hemispherical mirror including: a planar portion, a spherical portion having a hemispherical recessed shape in the planar portion; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitation such as a plurality of latitude markers formed in the spherical portion and having different reflectance from the spherical portion. Holman, in the same field of endeavor as the claimed invention, teaches a plurality of latitude markers formed in the spherical portion and having different reflectance from the spherical portion (Holman fig. 16A-D; col. 28 ln. 28-35; The hemispherical mirror 332 has a wire-frame with a plurality of latitude lines that implicitly have a different reflectance from the center of the spherical portion, where there is no wire-frame). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian to incorporate the teachings of Holman to include a plurality of latitude markers formed in the spherical portion and having different reflectance from the spherical portion; for the advantage of diffusing heat (Holman col. 15 ln. 21-25). PNG media_image2.png 1539 1150 media_image2.png Greyscale Komatsu Fig. 1 PNG media_image3.png 871 713 media_image3.png Greyscale Jian fig. 4 PNG media_image4.png 844 539 media_image4.png Greyscale Jian Fig. 5 PNG media_image5.png 1497 1101 media_image5.png Greyscale Holman Fig. 16A-D As to claim 8, Komatsu teaches the optical measurement system of claim 1. However, Komatsu in view of Jian does not explicitly disclose wherein the spherical portion comprises a first spherical portion and a second spherical portion formed of materials having different reflectances. Holman, in the same field of endeavor as the claimed invention, teaches wherein the spherical portion comprises a first spherical portion and a second spherical portion formed of materials having different reflectances (Holman fig. 16A-D; col. 28 ln. 28-35; The hemispherical mirror 332, i.e. the first spherical portion, has a wire-frame, i.e. the second spherical portion. The hemispherical mirror 332 and the wire-frame have different materials of different reflectances). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian to incorporate the teachings of Holman to include wherein the spherical portion comprises a first spherical portion and a second spherical portion formed of materials having different reflectances; for the advantage of diffusing heat (Holman col. 15 ln. 21-25). As to claim 10, Komatsu teaches the optical measurement system of claim 1. However, Komatsu does not explicitly disclose wherein the hemispherical mirror further comprises a liquid filling a hemispherical space formed by the spherical portion. Jian, in the same field of endeavor as the claimed invention, teaches wherein the hemispherical mirror further comprises a liquid filling a hemispherical space formed by the spherical portion (Jian claim 3; The sample contained in the hemispherical glass sample stage 20 has an unknown refractive index n. The unknown refractive index n of the sample is detected according to readings of the linear micrometer (16) and a standard curve calibrated using a refractive index of a known sample, such as pure water and other pure liquids. Thus, the sample is implicitly a liquid and can therefore fill a hemisphere space such as around the hemispherical glass sample stage 20). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include wherein the hemispherical mirror further comprises a liquid filling a hemispherical space formed by the spherical portion; more efficient detection of refractive index via references of known samples (Jian claim 3). As to claim 11, Komatsu teaches the optical measurement system of claim 1. However, Komatsu in view of Jian does not explicitly disclose wherein the plurality of latitude markers include a plurality of latitude lines formed at predetermined latitude intervals. Holman, in the same field of endeavor as the claimed invention, teaches wherein the plurality of latitude markers include a plurality of latitude lines formed at predetermined latitude intervals (Holman fig. 16A-D; col. 28 ln. 28-35; the hemispherical mirror 332 has a wire-frame with a plurality of latitude lines that have intervals separating each wire-frame line). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian to incorporate the teachings of Holman to include wherein the plurality of latitude markers include a plurality of latitude lines formed at predetermined latitude intervals; for the advantage of diffusing heat (Holman col. 15 ln. 21-25). As to claim 12, Komatsu teaches the optical measurement system of claim 11. However Komatsu in view of Jian does not explicitly disclose wherein the plurality of latitude lines are formed to have a reflectance different from that of the spherical portion by being engraved or embossed on the spherical portion. Holman, in the same field of endeavor as the claimed invention, teaches wherein the plurality of latitude lines are formed to have a reflectance different from that of the spherical portion by being engraved or embossed on the spherical portion (Holman Fig. 4A-B; col. 31 ln. 21-29; One process for machining or gentle etching of surface relief patterns includes embossing). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian to incorporate the teachings of Holman to include wherein the plurality of latitude lines are formed to have a reflectance different from that of the spherical portion by being engraved or embossed on the spherical portion; for the advantage of diffusing heat (Holman col. 15 ln. 21-25). PNG media_image6.png 1341 952 media_image6.png Greyscale Holman Fig. 4A-B As to claim 15, Komatsu teaches the optical measurement system of claim 1. However, Komatsu in view of Jian does not explicitly disclose wherein the plurality of latitude markers includes a plurality of marker regions formed in each of a plurality of latitude ranges. Holman, in the same field of endeavor as the claimed invention, teaches wherein the plurality of latitude markers includes a plurality of marker regions formed in each of a plurality of latitude ranges (Holman fig. 16A-D; fig. 4A-B col. 28 ln. 28-35; The hemispherical mirror 332 has a wire-frame with a plurality of latitude lines that have intervals separating each wire-frame line into a plurality of marker regions comprising a plurality of latitude ranges, as shown in fig. 4A-B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian to incorporate the teachings of Holman to include wherein the plurality of latitude markers includes a plurality of marker regions formed in each of a plurality of latitude ranges; for the advantage of diffusing heat (Holman col. 15 ln. 21-25). As to claim 17, Komatsu teaches the optical measurement system of claim 1. However, Komatsu in view of Jian does not explicitly disclose wherein the hemispherical mirror further includes a plurality of longitude markers formed in the spherical portion to have a reflectance different from that of the spherical portion. Holman, in the same field of endeavor as the claimed invention, teaches wherein the hemispherical mirror further includes a plurality of longitude markers formed in the spherical portion to have a reflectance different from that of the spherical portion (Holman fig. 16A-D; fig. 4A-B; col. 28 ln. 28-35; The hemispherical mirror 332 has a wire-frame with a plurality of latitude lines that implicitly have a different reflectance from the center of the spherical portion, where there is no wire-frame. The wire-frame includes a plurality of longitudinal lines as well as a plurality of latitudinal lines). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian to incorporate the teachings of Holman to include wherein the hemispherical mirror further includes a plurality of longitude markers formed in the spherical portion to have a reflectance different from that of the spherical portion; for the advantage of diffusing heat (Holman col. 15 ln. 21-25). Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu, in view of Jian and Holman, further in view of Osawa (US20150092196A1). As to claim 4, Komatsu teaches the optical measurement system of claim 1, wherein the optical unit further comprises a condensing lens configured to condense light (fig. 1; condenser lens 12). However, Komatsu in view of Jian and Holman does not explicitly disclose the condenser lens configured to condense light incident on the objective lens and transmit the light to a second sensor. Osawa, in the same field of endeavor as the claimed invention, teaches the condenser lens configured to condense light incident on the objective lens and transmit the light to a second sensor (Osawa; fig. 6; [0078]; The second sensor is described by Osawa as the detector 322. One of the light beams split by the polarization beam splitter 324 is focused by a condenser lens 321 and is detected by a detector 322. The first sensor is described by Osawa as the photodetector 334). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian and Holman to incorporate the teachings of Osawa to include the condenser lens configured to condense light incident on the objective lens and transmit the light to a second sensor; for the advantage of clearer target visualization using a focus position (Osawa [0008]-[0009]). PNG media_image7.png 1770 1142 media_image7.png Greyscale Osawa Fig. 6 As to claim 5, Komatsu teaches the optical measurement system of claim 4, wherein the controller is configured to align a vertical position, perpendicular to the planar portion, using a focus image of the objective lens (fig. 1; pg. 2 ln. 40-42; pg. 2 ln. 59-pg. 3 ln. 2; A stage drive mechanism 23 that moves the optical disk 22 in the optical axis direction (i.e. vertically, perpendicular to the planar portion of the target) and a control unit 20 that takes in an image signal output from the image sensor 21 and controls the operation of the stage drive mechanism 23 to operate the stage 22, for the purpose of focusing); and the objective lens (pg. 2 ln. 43-47; fig. 1; objective lens 17 allows light from the light source 11 to be incident on the inspection object S). However, Komatsu does not explicitly disclose the second sensor, when the hemispherical mirror is positioned so that the focus of the lens is disposed on the planar portion. Jian, in the same field of endeavor as the claimed invention, teaches when the hemispherical mirror is positioned so that the focus of the lens is disposed on the planar portion (Jian fig. 4; col. 10 ln. 29-33; The hemisphere mirror 23 has a center overlapping the focus of the parabolic, and is thus positioned so that the focus of the lens is disposed on the planar portion). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include when the hemispherical mirror is positioned so that the focus of the lens is disposed on the planar portion; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitation such as the second sensor. Osawa, in the same field of endeavor as the claimed invention, teaches the second sensor (Osawa; fig. 6; [0078]; The second sensor is described by Osawa as the detector 322. One of the light beams split by the polarization beam splitter 324 is focused by a condenser lens 321 and is detected by a detector 322. The first sensor is described by Osawa as the photodetector 334). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian and Holman to incorporate the teachings of Osawa to include the second sensor; for the advantage of clearer target visualization using a focus position (Osawa [0008]-[0009]). Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu, in view of Jian, Holman and Osawa, further in view of Choi et al. (US 20230008686 A1), hereinafter Choi. As to claim 6, Komatsu teaches the optical measurement system of claim 5, wherein the controller is configured to: align a horizontal position of the hemispherical mirror so that the focus of the objective lens is disposed at the center of the spherical portion (fig. 1; the focus of the objective lens 17 and the center of the inspection object S are aligned with each other, which has to include the horizontal portion). However, Komatsu does not explicitly disclose wherein the controller is configured to: determine boundary positions of the hemispherical mirror, when the vertical position of the hemispherical mirror is aligned with the focus of the objective lens, such that the focus of the objective lens is disposed on a boundary line between the planar portion and the spherical portion using the focus image from the second sensor by varying horizontal positions along the planar portion, and determine the center of the spherical portion based on the boundary positions of the hemispherical mirror. Jian, in the same field of endeavor as the claimed invention, teaches wherein the controller is configured to: determine boundary positions of the hemispherical mirror, when the vertical position of the hemispherical mirror is aligned with the focus of the objective lens (Jian fig. 4; col. 10 ln. 29-33; The hemisphere mirror 23 has a center overlapping the focus of the parabolic, and is thus positioned so that the focus of the lens is aligned with the vertical position of the hemisphere mirror 23), such that the focus of the objective lens is disposed on a boundary line between the planar portion and the spherical portion (Jian fig. 5; the focal plane F-F defines the boundary line), and determine the center of the spherical portion based on the boundary positions of the hemispherical mirror (Jian claim 11; The center of hemisphere mirror 23 is homocentric with respect to a focal point of the parabolic mirror. Thus, the center of hemisphere mirror 23 is determined). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include wherein the controller is configured to: determine boundary positions of the hemispherical mirror, when the vertical position of the hemispherical mirror is aligned with the focus of the objective lens such that the focus of the objective lens is disposed on a boundary line between the planar portion and the spherical portion and determine the center of the spherical portion based on the boundary positions of the hemispherical mirror; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitation such as using the focus image from the second sensor by varying horizontal positions along the planar portion. Choi, in the same field of endeavor as the claimed invention, teaches using the focus image from the second sensor (Choi [0021]; The angle/focus adjuster 64 may control angles and focuses of the spectroscope 53, the polarizer 55, the compensator 57, the objective lens unit 61, the imaging device 72, and the detector 75, i.e. the second sensor. The imaging device 72 may be disposed between the objective lens unit 61 and the detector 75) by varying horizontal positions along the planar portion (Choi [0027]; The main support die 18 may function to move the target specimen 12 such that the target specimen 12 performs horizontal movement, vertical movement and rotational movement). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu, in view of Jian, Holman and Osawa to incorporate the teachings of Choi to include using the focus image from the second sensor by varying horizontal positions along the planar portion; for the advantage of increase in device flexibility (Choi [0027]). As to claim 7, Komatsu teaches the optical measurement system of claim 6. However, Komatsu does not explicitly disclose wherein the controller is configured to: detect an inclination of the hemispherical mirror based on a sharpness of the focus images obtained from the boundary positions, and control a tilt of the hemispherical mirror so as to offset the inclination of the hemispherical mirror. Jian, in the same field of endeavor as the claimed invention, teaches the target is a hemispherical mirror (Jian fig. 4-5; hemisphere mirror 23). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include the target is a hemispherical mirror; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitation such as wherein the controller is configured to: detect an inclination of the target based on a sharpness of the focus images obtained from the boundary positions, and control a tilt of the target so as to offset the inclination of the target. Choi, in the same field of endeavor as the claimed invention, teaches wherein the controller is configured to: detect an inclination of the target based on a sharpness of the focus images obtained from the boundary positions (Choi [0022]; The computer system 81 detects and controls the angle/focus adjuster 64 and is connected to the imaging device 72. [0027]; The target specimen 12 loaded on the main support die 18 can be moved in a rotational movement, thus changing an inclination of the target specimen 12. Thus, the computer system 81 detects an inclination of the target based on the focused images, i.e. the sharp images), and control a tilt of the target so as to offset the inclination of the target (Choi [0027]; The target specimen 12 loaded on the main support die 18 can be moved in a rotational movement, thus changing a tilt of the target specimen 12 and therefore offsetting the inclination). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu, in view of Jian, Holman and Osawa to incorporate the teachings of Choi to include wherein the controller is configured to: detect an inclination of the target based on a sharpness of the focus images obtained from the boundary positions, and control a tilt of the target so as to offset the inclination of the target; for the advantage of increase in device flexibility (Choi [0027]). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Komatsu, in view of Jian, Holman and Osawa, further in view of Papac et al. (US 20080175002 A1), hereinafter Papac. As to claim 9, Komatsu teaches the optical measurement system of claim 8. However, Komatsu in view of Jian and Holman does not explicitly disclose wherein the first spherical portion and the second spherical portion correspond to portions obtained by dividing the spherical portion by a plane which is perpendicular to the planar portion and passing through the center of the spherical portion, the first spherical portion has a higher reflectance than the second spherical portion in an infrared wavelength band, and the second spherical portion has a higher reflectance than the first spherical portion in an ultraviolet wavelength band. Papac, in the same field of endeavor as the claimed invention, teaches wherein the first spherical portion and the second spherical portion correspond to portions obtained by dividing the spherical portion by a plane which is perpendicular to the planar portion and passing through the center of the spherical portion (Papac [0023]-[0024]; The first spherical portion is described by Papac as the spherical mirror 230. The second spherical portion is described by Papac as the coating covering the spherical mirror 230. The spherical mirror 230 visually divided by a vertical plane through the center of the spherical mirror 230 results in a view of the spherical mirror 230 and the coating), the first spherical portion has a higher reflectance than the second spherical portion in an infrared wavelength band, and the second spherical portion has a higher reflectance than the first spherical portion in an ultraviolet wavelength band (Papac [0023]-[0024]; There can be a coating that can be varied in order to be operable to remove IR and/or UV. In one embodiment, spherical mirror 230 may comprise a glass substrate coated with a dichroic coating operable to transmit or absorb IR and/or UV wavelengths of light while reflecting visible wavelengths of light. In the case of a coating designed to absorb wavelengths in the IR wavelength band: the spherical mirror 230 has a higher reflectance than the coating while in an IR wavelength band; and the coating as a higher reflectance than the spherical mirror 230 while in a UV wavelength band). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian and Holman to incorporate the teachings of Papac to include wherein the first spherical portion and the second spherical portion correspond to portions obtained by dividing the spherical portion by a plane which is perpendicular to the planar portion and passing through the center of the spherical portion, the first spherical portion has a higher reflectance than the second spherical portion in an infrared wavelength band, and the second spherical portion has a higher reflectance than the first spherical portion in an ultraviolet wavelength band; for the advantage of more effective transmission of light (Papac [0026]). Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Komatsu, in view of Jian and Holman, further in view of Kim et al. (US 20220065618 A1), hereinafter Kim. As to claim 18, Komatsu teaches an optical measurement system (abstract; fig. 1; shape measuring apparatus 1) comprising: a stage in which an alignment system is disposed (pg. 2 ln. 39-42; fig. 1; the stage drive mechanism 23 moves the stage 22 into an alignment); an optical unit (abstract; fig. 1; illumination optical system 2) including an objective lens configured to allow light incident from a light source to be incident on a target (pg. 2 ln. 43-47; fig. 1; objective lens 17 allows light from the light source 11 to be incident on the inspection object S), and a beam splitter configured to transmit light reflected from the target and incident on the objective lens to a first sensor (fig. 1; pg. 2 ln. 48-54; The half mirror 15 transmits and reflects light and thus, acts as a beam splitter. The half mirror 15 transmits light reflected from the inspection object S to the image sensor 21); and a controller (fig. 1; control unit 20) configured to set the target of the objective lens by adjusting a position of the stage (pg. 2 ln. 39-42; fig. 1; the stage drive mechanism 23 moves the stage 22 which holds the inspection object S, thus the position is adjusted), and configured to measure a numerical aperture of the objective lens (pg. 6 ln. 7-8; The image signal acquired by the image sensor 21 can be electrically processed by the control unit 20. Pg. 2 ln. 24-26; The numerical aperture of the objective lens is measured) using a back focal image of the objective lens from the first sensor (pg. 2 ln. 48-54; Light passes through the objective lens 17 to the inspection object S, and reflected back from the inspection object S through the objective lens 17 to the inherent back focal plane). However, Komatsu does not explicitly disclose the target is a hemispherical mirror including a planar portion, a spherical portion having a hemispherical recessed shape in the planar portion, and a plurality of latitude markers formed in the spherical portion having a reflectance different from that of the spherical portion; the stage in which [[are disposed]] a substrate chuck for loading a semiconductor substrate and the alignment system equipped with the hemispherical mirror are disposed. Jian, in the same field of endeavor as the claimed invention, teaches the target is a hemispherical mirror (Jian fig. 4-5; hemisphere mirror 23) including: a planar portion (Jian fig. 5; focal plane F-F), a spherical portion having a hemispherical recessed shape in the planar portion (Jian claim 6; fig. 5; a spheroid center of the mirror overlapped with a focal point of the focal plane F-F, and is thus a hemispherical recessed shape in the planar portion); and the stage in which the alignment system equipped with the hemispherical mirror is disposed (Jian fig. 5; When the target is hemisphere mirror 23, the hemisphere mirror of Jian is on the stage 22 of Komatsu which comprises the alignment system of Komatsu). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include the target is a hemispherical mirror including: a planar portion, a spherical portion having a hemispherical recessed shape in the planar portion; and the stage in which an alignment system equipped with the hemispherical mirror is disposed; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitations such as a plurality of latitude markers formed in the spherical portion having a reflectance different from that of the spherical portion; the stage in which [[are disposed]] a substrate chuck for loading a semiconductor substrate is disposed. Holman, in the same field of endeavor as the claimed invention, teaches a plurality of latitude markers formed in the spherical portion and having different reflectance from the spherical portion (Holman fig. 16A-D; col. 28 ln. 28-35; the hemispherical mirror 332 has a wire-frame with a plurality of latitude lines that implicitly have a different reflectance from the center, where there is no wire-frame). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian to incorporate the teachings of Holman to include a plurality of latitude markers formed in the spherical portion and having different reflectance from the spherical portion; for the advantage of diffusing heat (Holman col. 15 ln. 21-25). Still lacking the limitations such as the stage in which [[are disposed]] a substrate chuck for loading a semiconductor substrate is disposed. Kim, in the same field of endeavor as the claimed invention, teaches the stage in which [[are disposed]] a substrate chuck for loading a semiconductor substrate is disposed (Kim [0035]; fig. 1; a transfer robot 50 comprises a linear stage for moving a semiconductor substrate W and a chuck for fixing the semiconductor substrate W). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian and Holman to incorporate the teachings of Kim to include the stage in which [[are disposed]] a substrate chuck for loading a semiconductor substrate is disposed; for the advantage of increased productivity of the device (Kim [0003]). PNG media_image8.png 456 646 media_image8.png Greyscale Kim Fig. 1 Claims 19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu, in view of Jian, Holman and Kim further in view of Choi. As to claim 19, Komatsu teaches the optical measurement system of claim 18, wherein the controller is configured to align the planar portion of the target to be parallel to a back focal plane of the objective lens (fig. 1; pg. 2 ln. 48-54; Light passes through the objective lens 17 to the inspection object S, and reflected back from the inspection object S through the objective lens 17 to the inherent back focal plane. The focus of the objective lens 17 and the center of the inspection object S are aligned with each other. Thus, the planar portion of the target is aligned to be parallel with the back focal plane of the objective lens 17). However, Komatsu does not explicitly disclose the target is a hemispherical mirror; and performing tip-tilt control of the hemispherical mirror using the alignment system. Jian, in the same field of endeavor as the claimed invention, teaches the target is a hemispherical mirror (Jian fig. 4-5; hemisphere mirror 23). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include the target is a hemispherical mirror; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitation such as performing tip-tilt control of the hemispherical mirror using the alignment system. Choi, in the same field of endeavor as the claimed invention, teaches performing tip-tilt control of the target using the alignment system (Choi [0027]; The main support die 18 may function to move the target specimen 12 such that the target specimen 12 performs horizontal movement, vertical movement and rotational movement. Thus, the computer system 81 can perform the tilt (horizontal movement) control and the tip (vertical movement) control). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu, in view of Jian, Holman and Kim to incorporate the teachings of Choi to include performing tip-tilt control of the target using the alignment system; for the advantage of increase in device flexibility (Choi [0027]). As to claim 22, Komatsu teaches the optical measurement system of claim 18. However, Komatsu does not explicitly disclose wherein the controller is configured to control a position of the hemispherical mirror by controlling a movement of the stage in directions parallel to an upper surface of the stage, and in a direction perpendicular to the upper surface of the stage. Jian, in the same field of endeavor as the claimed invention, teaches the target is a hemispherical mirror (Jian fig. 4-5; hemisphere mirror 23). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include the target is a hemispherical mirror; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitations such as wherein the controller is configured to control a position of the target by controlling a movement of the stage in directions parallel to an upper surface of the stage, and in a direction perpendicular to the upper surface of the stage. Choi, in the same field of endeavor as the claimed invention, teaches wherein the controller is configured to control a position of the target by controlling a movement of the stage in directions parallel to an upper surface of the stage, and in a direction perpendicular to the upper surface of the stage (Choi [0027]; The main support die 18 may function to move the target specimen 12 such that the target specimen 12 performs horizontal movement, vertical movement and rotational movement. Thus, the position of the target specimen 12 can be changed by moving the main support die 18 in a direction parallel and perpendicular to the upper surface of the main support die 18, i.e. in horizontal and vertical directions). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu, in view of Jian, Holman and Kim to incorporate the teachings of Choi to include wherein the controller is configured to control a position of the target by controlling a movement of the stage in directions parallel to an upper surface of the stage, and in a direction perpendicular to the upper surface of the stage; for the advantage of increase in device flexibility (Choi [0027]). Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu in view of Jian, Holman and Kim, further in view of Roy et al. (US 20120033340 A1), hereinafter Roy. As to claim 20, Komatsu teaches the optical measurement system of claim 18. However, Komatsu does not explicitly disclose wherein the alignment system comprises: a fixing portion on which the hemispherical mirror is mounted; a support mounted on the substrate chuck and configured to support the fixing portion; a plurality of nuts penetrating through the support on at least three vertical edges of the support; a plurality of adjustment bolts penetrating through the support by being fastened to the plurality of nuts and configured to support the fixing portion above the support, and a plurality of springs configured to connect the support and the fixing portion. Jia, in the same field of endeavor as the claimed invention, teaches wherein the alignment system comprises: a fixing portion on which the hemispherical mirror is mounted (Jia col. 9 ln. 23-30; claim 11; a hemispherical glass sample stage 20 where the hemisphere mirror 23 is mounted). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include wherein the alignment system comprises: a fixing portion on which the hemispherical mirror is mounted; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitations such as a support mounted on the substrate chuck and configured to support the fixing portion; a plurality of nuts penetrating through the support on at least three vertical edges of the support; a plurality of adjustment bolts penetrating through the support by being fastened to the plurality of nuts and configured to support the fixing portion above the support, and a plurality of springs configured to connect the support and the fixing portion. Roy, in the same field of endeavor as the claimed invention, teaches a support mounted on the substrate chuck and configured to support the fixing portion (Roy fig. 2; [0036]; the disk 202 is mounted on the electrostatic chuck 150, and works to support the mounted substrate S); a plurality of nuts penetrating through the support on at least three vertical edges of the support (Roy fig. 2 and 6; [0041]; A plurality of through holes 230 may be provided in the disk 202 to interface with fasteners (bolts, springs, or the like). [0070]; Any number of screw and nut configurations 608 may be utilized to couple the disk 202 to the thermal control plate 204. Thus, three nuts could penetrate the support vertically through one face of the support, i.e. the disk 202); a plurality of adjustment bolts penetrating through the support by being fastened to the plurality of nuts and configured to support the fixing portion above the support (Roy fig. 2 and 6; [0041]; A plurality of through holes 230 may be provided in the disk 202 to interface with fasteners (bolts, springs, or the like). [0070]; Any number of screw and nut configurations 608 may be utilized to couple the disk 202 to the thermal control plate 204. Thus, bolts can be fastened to the nuts, which can penetrate through the support, i.e. the disk 202); and a plurality of springs configured to connect the support and the fixing portion Roy fig. 2 and 6; [0041]; A plurality of through holes 230 may be provided in the disk 202 to interface with fasteners (bolts, springs, or the like). Fig. 7; [0071]; In the connection between the disk 202 and the thermal control plate 204, the terminal 702 may be electrically coupled to a conductor 706 via a spring element 708 to maintain sufficient electrical connection during any vertical movement of the terminal 702). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian, Holman and Kim to incorporate the teachings of Roy to include a support mounted on the substrate chuck and configured to support the fixing portion; a plurality of nuts penetrating through the support on at least three vertical edges of the support; a plurality of adjustment bolts penetrating through the support by being fastened to the plurality of nuts and configured to support the fixing portion above the support, and a plurality of springs configured to connect the support and the fixing portion; for the advantage of more efficient substrate support (Roy [0003]). PNG media_image9.png 664 1020 media_image9.png Greyscale Fig. 2 PNG media_image10.png 164 537 media_image10.png Greyscale Fig. 6 PNG media_image10.png 164 537 media_image10.png Greyscale Fig. 7 As to claim 21, Komatsu teaches the optical measurement system of claim 20. However, Komatsu does not explicitly disclose wherein the controller is configured to perform tip-tilt control of the hemispherical mirror mounted to the fixing portion by controlling a height at which each of the plurality of adjustment bolts of the alignment system protrudes to an upper surface of the support. Jian, in the same field of endeavor as the claimed invention, teaches the target is a hemispherical mirror (Jian fig. 4-5; hemisphere mirror 23). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include the target is a hemispherical mirror; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitations such as wherein the controller is configured to perform tip-tilt control of the target mounted to the fixing portion by controlling a height at which each of the plurality of adjustment bolts of the alignment system protrudes to an upper surface of the support. Choi, in the same field of endeavor as the claimed invention, teaches wherein the controller is configured to perform tip-tilt control of the target mounted to the fixing portion (Choi [0027]; The main support die 18 may function to move the target specimen 12 such that the target specimen 12 performs horizontal movement, vertical movement and rotational movement. Thus, the computer system 81 can perform the tilt (horizontal movement) control and the tip (vertical movement) control). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu, in view of Jian, Holman and Kim to incorporate the teachings of Choi to include wherein the controller is configured to perform tip-tilt control of the target mounted to the fixing portion; for the advantage of increase in device flexibility (Choi [0027]). Still lacking the limitation such as controlling a height at which each of the plurality of adjustment bolts of the alignment system protrudes to an upper surface of the support. Roy, in the same field of endeavor as the claimed invention, teaches controlling a height at which each of the plurality of adjustment bolts of the alignment system protrudes to an upper surface of the support (Roy [0071]; fig. 7; The terminal 702 may be electrically coupled to a conductor 706 via a spring element 708 to maintain sufficient electrical connection during any vertical movement of the terminal 702. Thus, a height is controlled at which the system of nuts and bolts protrudes to an upper surface of the control plate 204, into disk 202). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu in view of Jian, Holman and Kim to incorporate the teachings of Roy to include controlling a height at which each of the plurality of adjustment bolts of the alignment system protrudes to an upper surface of the support; for the advantage of more efficient substrate support (Roy [0003]). Allowable Subject Matter Claims 2-3 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. As to claim 2, none of the prior art alone or in combination disclose or teach of wherein the controller is configured to: detect a plurality of circular patterns formed by an image of each of the plurality of latitude markers in the back focal image, and determine the numerical aperture of the objective lens based on a sine function value for each of the plurality of latitudes indicated by the plurality of latitude markers, a radius of each of the plurality of circular patterns, and a radius of a pupil image in the back focal image. Claim 3 is indicated as allowable due to its dependencies only. Claim 26 is allowed. The following is a statement of reasons for the indication of allowable subject matter: As to claim 26, the prior art alone or in combination fail to disclose the controller configured to detect circular patterns formed by the plurality of latitude markers in the back focal image of the objective lens; calculate a partial numerical aperture of the objective lens according to a radius of each of the circular patterns based on the radius of each of the circular patterns and a latitude indicated by the plurality of latitude markers; and determine the numerical aperture of the objective lens according to a radius of a pupil image in the back focal image, based on the partial numerical aperture according to the radius of each of the circular patterns. Komatsu teaches an optical measurement system (abstract; fig. 1; shape measuring apparatus 1) comprising: a light source (fig. 1; light source 11); an objective lens (fig. 1; objective lens 17); and a controller (fig. 1; control unit 20) configured to: match a center of the target with a focus of the objective lens (pg. 2 ln. 39-42; fig. 1; the stage drive mechanism 23 moves the stage 22 into an alignment so that the focus of the objective lens 17 and the center of the inspection object S are aligned with each other); allow light output from the light source to be incident on the target through the objective lens (pg. 2 ln. 43-47; fig. 1; objective lens 17 allows light from the light source 11 to be incident on the inspection object S); However, Komatsu does not explicitly disclose the target is a hemispherical mirror including a plurality of latitude markers formed in a spherical portion to have different reflectance from the spherical portion; detect circular patterns formed by the plurality of latitude markers in a back focal image of the objective lens; calculate a partial numerical aperture of the objective lens according to a radius of each of the circular patterns based on the radius of each of the circular patterns and a latitude indicated by the plurality of latitude markers; and determine the numerical aperture of the objective lens according to a radius of a pupil image in the back focal image, based on the partial numerical aperture according to the radius of each of the circular patterns. Jian, in the same field of endeavor as the claimed invention, teaches the target is a hemispherical mirror (Jian fig. 5; hemisphere mirror 23); and a back focal image of the objective lens (Jian fig. 4; Light passes through the light sources 21, 22 through the objective lens 4-2 to the hemisphere mirror 23, and reflected back from the hemisphere mirror 23 through the objective lens 4-2 to the inherent back focal plane to transmit an image to the photo-detector 19); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Komatsu to incorporate the teachings of Jian to include the target is a hemispherical mirror; and a back focal image of the objective lens; for the advantage of increased efficiency via recycling light, thus preventing waste of light (Holman col. 27 ln. 31-33 and 57-60). Still lacking the limitations such as hemispherical mirror including a plurality of latitude markers formed in a spherical portion to have different reflectance from the spherical portion; detect circular patterns formed by the plurality of latitude markers in the back focal image of the objective lens; calculate a partial numerical aperture of the objective lens according to a radius of each of the circular patterns based on the radius of each of the circular patterns and a latitude indicated by the plurality of latitude markers; and determine the numerical aperture of the objective lens according to a radius of a pupil image in the back focal image, based on the partial numerical aperture according to the radius of each of the circular patterns. Holman, in the same field of endeavor as the claimed invention, teaches the hemispherical mirror including a plurality of latitude markers formed in a spherical portion to have different reflectance from the spherical portion (Holman fig. 16A-D; col. 28 ln. 28-35; the hemispherical mirror 332 has a wire-frame with a plurality of latitude lines that implicitly have a different reflectance from the center, i.e. the spherical portion, where there is no wire-frame). Still lacking the limitations such as the controller configured to detect circular patterns formed by the plurality of latitude markers in the back focal image of the objective lens; calculate a partial numerical aperture of the objective lens according to a radius of each of the circular patterns based on the radius of each of the circular patterns and a latitude indicated by the plurality of latitude markers; and determine the numerical aperture of the objective lens according to a radius of a pupil image in the back focal image, based on the partial numerical aperture according to the radius of each of the circular patterns. Thus, the combinations of features recited in Claim 26 are allowable. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kemaya Nguyen whose telephone number is (571)272-9078. The examiner can normally be reached Mon - Fri 11 am – 8 pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211. 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. /KEMAYA NGUYEN/Examiner, Art Unit 2877 /TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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Prosecution Timeline

Apr 30, 2024
Application Filed
Jan 27, 2026
Non-Final Rejection — §103, §112
Apr 13, 2026
Examiner Interview Summary
Apr 13, 2026
Applicant Interview (Telephonic)

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