Prosecution Insights
Last updated: July 17, 2026
Application No. 18/664,628

METHOD AND APPARATUS FOR WAFER MEASUREMENT

Non-Final OA §102§103§112
Filed
May 15, 2024
Priority
Apr 16, 2024 — divisional of 18/636,560
Examiner
FREDERIKSEN, DAVID B
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NANYA TECHNOLOGY Corporation
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
415 granted / 482 resolved
+18.1% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
499
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
74.8%
+34.8% vs TC avg
§102
4.7%
-35.3% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 482 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on February 19, 2025; August 28, 2025; and June 02, 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 2-4 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. Claim 2 recites the limitation “a first measurement device of the at least one measurement device” in lines 5-6. This limitation is confusing since the limitation “at least one measurement device” is interpreted to be a measurement device and the limitation “a first measurement device” is not clear if it is another measurement device different from the “at least one measurement device” or if it is the same measurement device as the “at least one measurement device”. If it is the same device, then the naming of the limitations should to be identical to each other to prevent confusion or the claims amended to correct this issue. Claim 4 also has similar issues as claim 2 with the limitation “first measurement device”. Claims 3 and 4 are rejected for inheriting the deficiencies of claim 2. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shim et al. US2019/0229023 (called Shim hereinafter and US equivalent to CN110060936A disclosed by the applicant). Regarding independent claim 1, Shim teaches a method for wafer measurement (Figs. 1-3; Abstract), comprising: generating a measurement program (Fig. 2; measurement program 210) associated with a plurality of recipes (Fig. 2; template selection module 211 and template D20; para [0025, 0029, and 0035]); and controlling at least one measurement device (Fig. 2; measurement module 215), by executing the measurement program, to automatically measure a plurality of wafers according to the plurality of recipes (Figs. 1-3; para [0025, 0029, and 0035]; using images of other wafers). Regarding claim 2, Shim teaches the method of claim 1, and further teaches wherein the step of controlling the at least one measurement device to automatically measure the plurality of wafers according to the plurality of recipes further comprises: controlling a first measurement device of the at least one measurement device (Fig. 2; measurement module 215; para [0031 and 0040]), by executing the measurement program, to automatically measure the plurality of wafers according to the plurality of recipes sequentially (Figs. 1-3; after one wafer is completed, another wafer may be measured). Regarding claim 3, Shim teaches the method of claim 2, and further teaches wherein each recipe includes a designated temperature (Figs. 1-3; the template chosen has a ambient temperature to perform the measurements at). 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. Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shim in view of Cheung US2017/0089950. Regarding claim 4, Shim teaches the method of claim 3, and further teaches wherein the step of controlling the first measurement device to automatically measure the plurality of wafers according to the plurality of recipes sequentially (Figs. 1-3; after one wafer is completed, another wafer may be measured). Shim fails to teach controlling a thermal device of the first measurement device, by executing the measurement program, to change a measurement environment temperature to the designated temperatures sequentially; and controlling the first measurement device, by executing the measurement program, to measure the plurality of wafers under the plurality of measurement environment temperatures respectively. Cheung teaches controlling a thermal device of the first measurement device (Figs. 1-3 and 5; para [0049]; temperature controller 114 of a test station 106), by executing the measurement program, to change a measurement environment temperature to the designated temperatures sequentially (para [0049 and 0109]); and controlling the first measurement device, by executing the measurement program, to measure the plurality of wafers under the plurality of measurement environment temperatures respectively (Figs. 1-3 and 5; para [0045 and 0049]). Therefore, it would have been obvious to one skilled in the art before the effective filing date to modify the method as described by Shim with the temperature control for wafers as described by Cheung for the purpose of improving the accuracy of data collected from testing of wafers in various testing conditions (para [0045]). Regarding claim 5, Shim teaches the method of claim 1, and further teaches wherein the at least one measurement device includes a measurement device (Fig. 2; measurement module 215), and the step of controlling the at least one measurement device to automatically measure the plurality of wafers according to the plurality of recipes (Figs. 1-3; after one wafer is completed, another wafer may be measured). Shim fails to teach wherein the at least one measurement device includes a plurality of measurement devices; controlling the plurality of measurement devices, by executing the measurement program, to automatically measure the plurality of wafers according to the plurality of recipes in parallel. Cheung teaches wherein the at least one measurement device includes a plurality of measurement devices (Figs. 1-3 and 5; plurality of test stations 106); controlling the plurality of measurement devices, by executing the measurement program, to automatically measure the plurality of wafers according to the plurality of recipes in parallel (Figs. 1-3 and 5; para [0047 and 0049]). Therefore, it would have been obvious to one skilled in the art before the effective filing date to modify the method as described by Shim with the temperature control for wafers and testing wafers in parallel as described by Cheung for the purpose of improving the accuracy of data collected from testing of wafers in various testing conditions and allowing testing of a large number of wafers independently (para [0045 and 0047]). Regarding claim 6, Shim and Cheung teach the method of claim 5, Shim and Cheung further teach wherein each recipe includes a designated temperature (Shin; Figs. 1-3; the template chosen has a ambient temperature to perform the measurements at) (Cheung; Figs. 1-3 and 5; para [0045 and 0049]). Regarding claim 7, Shim and Cheung teach the method of claim 6, Cheung further teaches wherein the step of controlling the plurality of measurement devices to automatically measure the plurality of wafers according to the plurality of recipes in parallel further includes: controlling a plurality of thermal devices of the plurality of measurement devices (Figs. 1-3 and 5; a temperature controller 114 is in each test station 106), by executing the measurement program, to change a plurality of measurement environment temperatures of the plurality of measurement devices to the designated temperatures respectively in parallel (Figs. 1-3 and 5; para [0045, 0047 and 0049]); and controlling the plurality of measurement devices, by executing the measurement program, to measure the plurality of wafers under the plurality of measurement environment temperatures respectively (Figs. 1-3 and 5; para [0045 and 0049]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pandev discloses “Measurement model optimization based on parameter variations across a wafer” (see US2013/0305206) Shanmugasundram et al. discloses “Dynamic metrology schemes and sampling schemes for advanced process control in semiconductor processing” (see US2008/0133163) Hasan discloses “Systems and methods for metrology recipe and model generation” (see US2002/0165636) Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID B FREDERIKSEN whose telephone number is (571)272-8152. The examiner can normally be reached M-F 8am - 5pm. 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, Huy Phan can be reached at (571)272-7924. 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. /DAVID B FREDERIKSEN/Examiner, Art Unit 2858 /HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

May 15, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+12.8%)
2y 6m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 482 resolved cases by this examiner. Grant probability derived from career allowance rate.

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