Office Action Predictor
Last updated: April 16, 2026
Application No. 18/682,678

INTENSITY MEASUREMENTS USING OFF-AXIS ILLUMINATION

Final Rejection §103
Filed
Feb 09, 2024
Examiner
XING, CHRISTINA ILONA
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Asml Netherlands B.V.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
21 granted / 24 resolved
+19.5% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
31 currently pending
Career history
55
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
31.9%
-8.1% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 24 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 Amendment The Amendment filed 11/24/2025 has been entered. Claims 1, 4 and 17 have been amended. Claim 19 is newly added. Claims 1-19 are still pending in the application. Applicant's amendments to the Claim 4 has overcome 112(b) rejection previously set forth in the Non-Final Office Action mailed 07/28/2025. Response to Arguments Applicant's arguments filed 11/24/2025, with respect to the rejection of amended claim 1 under 35 USC 102 have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made of previously cited reference Goodwin (US Pub 2014/0183345 A1) in view of Quintanilha et al. (US Pub 2017/0184981 A1), the details of which can be found below. Specification The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 1 recites, “ a third detection system” is not explicitly disclosed in the specification. The specification merely discloses “ a detection subsystem”. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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 1-8, 16-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Goodwin (US Pub 2014/0183345 A1) in view of Quintanilha et al. (US Pub 2017/0184981 A1)(hereinafter, “Quintanilha”). Regarding claim 1, Goodwin teaches a metrology system (an encoder assembly 32, figure 1), comprising: a first illumination system (the Z encoder head 238, including the first light source 250, the beam divider 254, and the directing optics that generate and transmit the first measurement beam 240 at wavelength λ1 and incident angle θ1 onto the grating 234, figures 2A and 2B, [0045] and [0062-0063]) configured to: generate a first radiation beam at a first wavelength (discloses the generation of the first measurement beam 240 at a first wavelength λ1, [0045] and [0047] ), and transmit the first radiation beam toward a region of a surface of a substrate at a first incident angle(discloses the first measurement beam 240 is directed towards a grating 234 at a first incident angle θ1, figure 2A, [0045] ); a second illumination system (the Z encoder head 238, including the second light source 252, the beam divider 254, and the directing optics that generate and transmit the second measurement beam 242 at a second wavelength λ2 and at a second incident angle α1 onto the grating 234 , figures 2A and 2B, [0045], [0062-0063]) configured to: generate a second radiation beam at a second wavelength(discloses the generation of the second measurement beam 242 at a second wavelength λ2, [0045] and [0047] ), and transmit the second radiation beam toward the region at a second incident angle(discloses the second measurement beam 242 incident at a second angle α1 relative to the normal of the grating, figure 2A, [0045] ); a first detection system (first detector 264, figure 2C, [0065] ) configured to: measure a first diffracted radiation beam at the first wavelength (λ1) and diffracted from the region at a first diffraction angle (discloses the first measurement beam 240 is directed onto the grating 234, which generates a diffracted radiation beam 240A at a diffraction angle, figures 2A and 2C, [0050] ) in response to a first illumination of the region by the first radiation beam (discloses the first radiation beam 250A is generated by a first light source at a wavelength λ1, [0062]), and generate a first measurement signal based on the first diffracted radiation beam(discloses the first measurement signal M2 is generated by combining the final first measurement beam 240C with a reference beam 260,[0065]); a second detection system (second detector 268, figure 2C, [0065] )configured to: measure a second diffracted radiation beam at the second wavelength (λ2) and diffracted from the region at a second diffraction angle (discloses the second measurement beam 242 is directed onto the grating 234, which generates a diffracted radiation beam 242A at a diffraction angle, figures 2A and 2C, [0050] ) in response to a second illumination of the region by the second radiation beam(discloses the second radiation beam 252A is generated by a second light source at a wavelength λ2, [0062]), and generate a second measurement signal based on the second diffracted radiation beam(discloses the first measurement signal M2 is generated by combining the final first measurement beam 240C with a reference beam 260,[0065]); and a controller (control system 24, [0042-0043]) configured to: generate an electronic signal based on the first measurement signal and the second measurement signal (discloses the control system utilizes the first and second measurement beams to generate two measurement signals M1 and M2 from interfering beams, [0066]). However, Goodwin does not explicitly disclose a third detection system configured to: measure a third diffracted radiation beam at one or more of the first wavelength and the second wavelength and diffracted from the region at a third diffraction angle that is normal to the surface of the substrate, and generate a third measurement signal based on the third diffracted radiation beam. Quintanilha teaches a third detection system (750) configured to: measure a third diffracted radiation beam (discloses radiation diffracted at first order, [0105]) at one or more of the first wavelength and the second wavelength(discloses measuring spectra containing different wavelengths inherently includes measuring at one or more wavelengths , [0100] and [0105]) and diffracted from the region (discloses the target T is located on the substrate region under measurement, “radiation diffracted at first order by the periodic structure of the target T”, [0105]) at a third diffraction angle (angle β, [0105]) that is normal to the surface of the substrate (defines diffraction angles relative to normal direction N, [0107]), and generate a third measurement signal based on the third diffracted radiation beam (discloses the detector 750 captures diffracted radiation, generates signal SF, [0105]). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a third detection system of Quintanilha to Goodwin to increase the amount of diffraction information collected, improve sensitivity to overlay, and enhance metrology accuracy ([0105-0106]). Regarding claim 2, Goodwin teaches wherein the second wavelength is equal to about the first wavelength (teaches both beams originate from the same light source and share a nominal wavelength of 632.8 nm, [0062]). Regarding claim 3, Goodwin teaches wherein the second wavelength is different from the first wavelength (discloses the second wavelength is different from the first, [0047] and [0062]). Regarding claim 4, Goodwin teaches wherein the second incident angle is about equal to the first incident angle(discloses that the second pass measurement beams overlap and impinge at the same location on the grating, which supports that their incident angles must be approximately equal [0054]). Regarding claim 5, Goodwin wherein the second incident angle is different from the first incident angle (uses different incident angles for the first and second measurement beams, θ1(2.5 degrees), α1 (3.0 degrees), [0045]). Regarding claim 6, Goodwin teaches wherein: a first two-dimensional plane comprises the first radiation beam and the second radiation beam (discloses first measurement beam 240 and second measurement beam 242 impinging on the grating at different angles, [0045] ); a second two-dimensional plane comprises the first diffracted radiation beam and the second diffracted radiation beam(discloses the first measurement beam 240 produces a +1 order diffracted beam 240A and the second measurement beam 242 produce a -1 order diffracted beam 242A, [0050]); and a dihedral angle between the first two-dimensional plane and the second two-dimensional plane is non-zero (discloses that the measurement beam interacts with the grating multiple times at different angles [0069], with each pass involving diffraction at distinct incidence angles (θ1-θ4). Between these interactions, the beams are redirected by optical components such as fold mirrors and roof prisms [0086], altering their spatial orientation. Therefore, the incident and diffracted beams at each interaction lie in different two-dimensional planes relative to the grating normal. This implies a non-zero dihedral angle between the incident and diffracted planes). Regarding claim 7, Goodwin teaches wherein an area of the region is about 1.0 square millimeter(discloses the footprint as a circular region where all beams strike the same location, forming a single region of interest. The size of this region is determined entirely by the beam diameter. While it provides an example of a 2.0 mm diameter, “the total footprint for the beams on the grating 234 can be approximately 2.0 millimeters” [0069] , inherently enables a measurement region with an area of about 1 square millimeter, corresponding to a beam diameter of approximately 1.13 mm, A = π r 2 [0055]). Regarding claim 8, Goodwin teaches wherein: the first diffracted radiation beam is indicative of zero-order diffraction in response to the first illumination of the region by the first radiation beam(discloses the beam 240 illuminates the grating and produces zero-order diffracted light, inherently produces a first diffracted radiation beam , which is the zero-order diffraction resulting from the first illumination, [0045-0048] and [0050], “the Z encoder head 238 directs a first measurement beam 240 (illustrated as a solid line with a circle) at the grating 234” [0045], “all overlap and impinge at exactly the same location on the grating 234” [0055], discloses two separate beams (240 and 242) both illuminate the same grating region, “During use, the grating 234 generates some 0-order diffracted light” [0046], “This keeps the zero order from being parallel to 1st order beams…cause cyclic non-linear error ("CNLE")” [0054], teaches zero-order diffraction occurring from grating due to both beams, both the first and second beams produce zero-order diffraction when incident on the grating) ; and the second diffracted radiation beam is indicative of zero-order diffraction in response to the second illumination of the region by the second radiation beam(discloses the beam 242 directly illuminates the grating and produces zero-order diffracted light, inherently produces a second diffracted radiation beam , which is the zero-order diffraction resulting from the second illumination, [0045-0048] and [0050]). Regarding claim 16, Goodwin teaches wherein: the first illumination system (generates first measurement beam 240) comprises the second detection system (discloses the first measurement beam interferes with reference beam 260 at beam splitter 425, goes to detector 268, which measures M2, [0097]); and the second illumination system(generates second measurement beam 242) comprises the first detection system (discloses the second measurement beam interferes with reference beam 258 at beam splitter 429 goes to detector 264, which measures M1, [0097] ). Regarding claim 17, Goodwin teaches an integrated optical device(Z encoder head 238, part of encoder assembly 32, figure 1, [0097] and [0100-0102]), comprising: a first illumination system (the Z encoder head 238, including the first light source 250, the beam divider 254, and the directing optics that generate and transmit the first measurement beam 240 at wavelength λ1 and incident angle θ1 onto the grating 234, figures 2A and 2B, [0045] and [0062-0063]) configured to: generate a first radiation beam at a first wavelength (discloses the generation of the first measurement beam 240 at a first wavelength λ1, [0045] and [0047] ), and transmit the first radiation beam toward a region of a surface of a substrate at a first incident angle (discloses the first measurement beam 240 is directed towards a grating 234 at a first incident angle θ1, figure 2A, [0045] ); a second illumination system (the Z encoder head 238, including the second light source 252, the beam divider 254, and the directing optics that generate and transmit the second measurement beam 242 at a second wavelength λ2 and at a second incident angle α1 onto the grating 234 , figures 2A and 2B, [0045], [0062-0063]) configured to: generate a second radiation beam at a second wavelength(discloses the generation of the second measurement beam 242 at a second wavelength λ2, [0045] and [0047] ), and transmit the second radiation beam toward the region at a second incident angle (discloses the second measurement beam 242 incident at a second angle α1 relative to the normal of the grating, figure 2A, [0045] ); a first detection system (first detector 264, figure 2C, [0065] ) configured to: measure a first diffracted radiation beam at the first wavelength (λ1) and diffracted from the region at a first diffraction angle (discloses the first measurement beam 240 is directed onto the grating 234, which generates a diffracted radiation beam 240A at a diffraction angle, figures 2A and 2C, [0050] ) in response to a first illumination of the region by the first radiation beam (discloses the first radiation beam 250A is generated by a first light source at a wavelength λ1, [0062]), and generate a first measurement signal based on the first diffracted radiation beam(discloses the first measurement signal M2 is generated by combining the final first measurement beam 240C with a reference beam 260,[0065]); a second detection system (second detector 268, figure 2C, [0065] ) configured to: measure a second diffracted radiation beam at the second wavelength (λ2) and diffracted from the region at a second diffraction angle (discloses the second measurement beam 242 is directed onto the grating 234, which generates a diffracted radiation beam 242A at a diffraction angle, figures 2A and 2C, [0050]) in response to a second illumination of the region by the second radiation beam(discloses the second radiation beam 252A is generated by a second light source at a wavelength λ2, [0062]), and generate a second measurement signal based on the second diffracted radiation beam(discloses the first measurement signal M2 is generated by combining the final first measurement beam 240C with a reference beam 260,[0065]); and a controller (control system 24, [0042-0043]) configured to: generate an electronic signal based on the first measurement signal and the second measurement signal (discloses the control system utilizes the first and second measurement beams to generate two measurement signals M1 and M2 from interfering beams, [0066]). However, Goodwin does not explicitly discloses a third detection system configured to: measure a third diffracted radiation beam at one or more of the first wavelength and the second wavelength and diffracted from the region at a third diffraction angle that is normal to the surface of the substrate, and generate a third measurement signal based on the third diffracted radiation beam. Quintanilha teaches a third detection system (750) configured to: measure a third diffracted radiation beam (discloses radiation diffracted at first order, [0105]) at one or more of the first wavelength and the second wavelength(discloses measuring spectra containing different wavelengths inherently includes measuring at one or more wavelengths , [0100] and [0105]) and diffracted from the region (discloses the target T is located on the substrate region under measurement, “radiation diffracted at first order by the periodic structure of the target T”, [0105]) at a third diffraction angle (angle β, [0105]) that is normal to the surface of the substrate (defines diffraction angles relative to normal direction N, [0107]), and generate a third measurement signal based on the third diffracted radiation beam (discloses the detector 750 captures diffracted radiation, generates signal SF, [0105]). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a third detection system of Quintanilha to Goodwin to increase the amount of diffraction information collected, improve sensitivity to overlay, and enhance metrology accuracy ([0105-0106]). Regarding claim 19, Goodwin teaches the third diffracted radiation beam (combined M1 + M2 signal representing Z, [0072]) is indicative of one or more of first-order diffraction (discloses first-order diffraction (+1 and -1) for the two measurement beams, [0072]) in response to the first illumination of the region by the first radiation beam (discloses λ2, first measurement beam 240, [0081] and [0084]) and first-order diffraction in response to the second illumination of the region by the second radiation beam (discloses λ1, second measurement beam 242, [0090]). Claims 9-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Goodwin (US Pub 2014/0183345 A1 ) in view of Swillan et al. (US Pub 2021/0095957 A1)(hereinafter “Swillan”). Regarding claim 9, Goodwin teaches all the limitations of claim 1 but fails to teach wherein the region comprises a set of alignment marks; and the controller is further configured to generate alignment mark deformation data for the set of alignment marks based on the electronic signal. Swillan in the field of optical metrology for semiconductor manufacturing teaches wherein: the region comprises a set of alignment marks (teaches that alignment marks used in the substrate (region of interest), “patterning device (for example, mask) MA and substrate W may be aligned using mask alignment marks M1, M2 and substrate alignment marks P1, P2”, [0055], and “Inspection apparatus 400 may be further configured to detect positions of alignment marks on the substrate”, [0078]); and the controller (processor 432, [0095]) is further configured to generate alignment mark deformation data for the set of alignment marks based on the electronic signal (discloses the processor 432 receives electronic signal data from detectors, measures alignment mark positions and characteristics, computes overlay and offset error, and generates correction table based on alignment mark deviation, “Processor 432 may utilize a clustering algorithm to group the marks into sets of similar constant offset error, and create an alignment error offset correction table based on the information”, [0095-0096]). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate a controller configured to generate alignment mark deformation data for the set of alignment marks based on the electronic signal of Swillan to Goodwin to enhance substrate to mask alignment accuracy, reduce optical and spectral distortion in overlay measurements, and enable more consistent and reliable pattern placement across the wafer ([0078] and [0095-0096]). Regarding claim 10, Goodwin fails to teach wherein the controller is further configured to generate the alignment mark deformation data based on an intensity difference between the first diffracted radiation beam and the second diffracted radiation beam. Swillan in the field of optical metrology for semiconductor manufacturing teaches wherein the controller(processor 432, [0095]) is further configured to generate the alignment mark deformation data based on an intensity difference between the first diffracted radiation beam ([0058]) and the second diffracted radiation beam (discloses the processor receives and processes signals from detectors and beam analyzers that capture diffracted beams. The processor then uses this data(which inherently includes intensity differences between diffracted beams) to calculate and correct positional and alignment errors, “processor 432 may create a basic correction algorithm based on the information received from detector 428 and beam analyzer 430, including but not limited to the optical state of the illumination beam, the alignment signals, associated position estimates, and the optical state in the pupil, image, and additional planes”, [0095] and “the information includes but is not limited to the product stack profile, measurements of overlay, critical dimension, and focus of each alignment marks. The overlay is calculated for a number of different marks, for example, overlay targets having a positive and a negative bias around a programmed overlay offset. The target that measures the smallest overlay is taken as reference (as it is measured with the best accuracy). From this measured small overlay, and the known programmed overlay of its corresponding target, the overlay error may be deduced” , [0096]). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate a controller configured to generate the alignment mark deformation data based on an intensity difference between the first diffracted radiation beam and the second diffracted radiation beam of Swillan to Goodwin to enhance substrate to mask alignment accuracy, reduce optical and spectral distortion in overlay measurements, and enable more consistent and reliable pattern placement across the wafer ([0078] and [0095-0096]). Regarding claim 11, Goodwin fails to teach wherein: the region comprises a portion of an alignment grating structure; the portion of the alignment grating structure comprises the set of alignment marks; and the controller is further configured to determine an alignment position of the alignment grating structure based on the alignment mark deformation data. Swillan in the field of optical metrology for semiconductor manufacturing teaches wherein: the region comprises a portion of an alignment grating structure (teaches the alignment marks (M1,M2 on the mask; P1, P2 on the substrate), [0055] and [0060]); the portion of the alignment grating structure comprises the set of alignment marks(teaches the alignment marks (M1,M2 on the mask; P1, P2 on the substrate), [0055] and [0060]) ; and the controller is further configured to determine an alignment position of the alignment grating structure based on the alignment mark deformation data(discloses the processor 432 receives electronic signal data from detectors, measures alignment mark positions, “processor 432 may be further configured to determine printed pattern position offset error with respect to the sensor estimate for each mark based on the information received from detector 428 and beam analyzer 430”, [0095-0096]). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate a controller configured to determine an alignment position of the alignment grating structure based on the alignment mark deformation data of Swillan to Goodwin to enhance substrate to mask alignment accuracy, reduce optical and spectral distortion in overlay measurements, and enable more consistent and reliable pattern placement across the wafer ([0078] and [0095-0096]). Regarding claim 12, Goodwin fails to teach wherein the controller is further configured to correct the alignment position based on the alignment mark deformation data. Swillan in the field of optical metrology for semiconductor manufacturing teaches wherein the controller is further configured to correct the alignment position based on the alignment mark deformation data (discloses the processor 432 receives electronic signal data from detectors, measures alignment mark positions and characteristics, computes overlay and offset error, and generates correction table based on alignment mark deviation, which is then used to adjust or correct the alignment position during exposure to improve lithographic accuracy “processor 432 may utilize a clustering algorithm to group the marks into sets of similar constant offset error, and create an alignment error offset correction table based on the information. The overlay is calculated for a number of different marks, for example, overlay targets having a positive and a negative bias around a programmed overlay offset. The target that measures the smallest overlay is taken as reference (as it is measured with the best accuracy). From this measured small overlay, and the known programmed overlay of its corresponding target, the overlay error may be deduced”, [0095-0096]). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate a controller configured to correct the alignment position based on the alignment mark deformation data of Swillan to Goodwin to enhance substrate to mask alignment accuracy, reduce optical and spectral distortion in overlay measurements, and enable more consistent and reliable pattern placement across the wafer ([0078] and [0095-0096]). Regarding claim 13, Goodwin teaches all the limitations of claim 1 but fails to teach wherein: the metrology system comprises a coupler; the coupler is configured to: receive an incoherent radiation beam from an illumination source via an optical fiber; transmit a first portion of the incoherent radiation beam to the first illumination system; and transmit a second portion of the incoherent radiation beam to the second illumination system; the first illumination system is configured to: receive the first portion of the incoherent radiation beam; and generate the first radiation beam based on the first portion of the incoherent radiation beam, wherein the first radiation beam is a first coherent radiation beam at the first wavelength; and the second illumination system is configured to: receive the second portion of the incoherent radiation beam; and generate the second radiation beam based on the second portion of the incoherent radiation beam, wherein the second radiation beam is a second coherent radiation beam at the second wavelength. Swillan in the field of optical metrology for semiconductor manufacturing teaches wherein: the metrology system comprises a coupler (2274a/2274b, “first coupler 2274a can couple light from first input port 2272a and second input port 2272b. Second coupler 2274b can couple light from second input port 2272b, [0222]); the coupler (2274a/2274b, [0222]) is configured to: receive an incoherent radiation beam from an illumination source via an optical fiber (“illumination system 2200 comprises phase modulators 2202, waveguides 2204, and optical elements 2206. Illumination system 2200 further comprises a radiation source 2208 and/or a controller 2210”, [0218] and “light is coupled to phased arrays 2222a and 2222b using two or more input ports 2272. For example, light may be coupled to phased arrays 2222a and 2222b using a first port 2272a, a second port 2272b, and a third port 2272c”, [0221], describes illumination system 2200 comprising a radiation source 2208 and multiple input ports 2272a-c used to couple light into phased arrays (2222a, 2222b). These input ports function as optical coupling interfaces and correspond to fiber optic connectors used in photonic systems. The use of waveguides, phase modulators, and phase arrays in the system implies the use of incoherent light as an industry standard approach for minimizing interference effects in metrology and imaging systems); transmit a first portion of the incoherent radiation beam to the first illumination system(teaches light is split and directed to a first branch (phased array 2222a), [0223-0225]); and transmit a second portion of the incoherent radiation beam to the second illumination system(teaches split light is routed to a second branch (phased array 2222b), [0223-0225]); the first illumination system (first phased array 2222a, part of illumination system 2200, figure 22,[0220]) is configured to: receive the first portion of the incoherent radiation beam(discloses the first coupler 2274a splits the input light and routes it via splitter tree 2276a to phased array 2222a, [0220] and [0225]); and generate the first radiation beam based on the first portion of the incoherent radiation beam (discloses the first coupler 2274a splits the input light and routes it via splitter tree 2276a to phased array 2222a, [0220] and [0225]), wherein the first radiation beam is a first coherent radiation beam at the first wavelength(uses of phase modulators and waveguides in phased array 2222a creates coherent beam, system 2200 supports operation at different wavelengths per branch, [0218-0220]); and the second illumination system(second phased array 2222b, part of illumination system 2200, figure 22,[0220]) is configured to: receive the second portion of the incoherent radiation beam(discloses the second coupler 2274b splits the input light and routes it via splitter tree 2276b to phased array 2222b, [0222-0223]); and generate the second radiation beam based on the second portion of the incoherent radiation beam(discloses the second coupler 2274b splits the input light and routes it via splitter tree 2276b to phased array 2222b, [0222-0223]), wherein the second radiation beam is a second coherent radiation beam at the second wavelength(discloses uses of phase modulators and waveguides in phased array 2222b creates coherent beam, system 2200 supports operation at different wavelengths per branch, suggest second wavelength, [0218-0220]). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a coupler of Swillan to Goodwin to enhance flexibility by splitting an input beam into multiple paths, each directed to a different phased array ([0220]). These phased arrays generate and steer shaped radiation beams, allowing precise control of beam direction and intensity, thereby improving measurement accuracy by illuminating only the intended target area and avoiding exposure of surrounding structures, ([0148]). Regarding claim 14, Goodwin teaches all the limitations of claim 1 but fails to teach wherein: the first illumination system comprises a first phase array; the second illumination system comprises a second phase array; the first phase array is configured to steer the first radiation beam toward the region at the first incident angle; and the second phase array is configured to steer the second radiation beam toward the region at the second incident angle. Swillan in the field of optical metrology for semiconductor manufacturing teaches wherein: the first illumination system comprises a first phase array (2022a, first phased array 2022a, part of illumination system 2000, 0203-0204]); the second illumination system comprises a second phase array(2022b, second phased array 2022b, part of illumination system 2000, [0203-0204]); the first phase array is configured to steer the first radiation beam toward the region at the first incident angle(teaches 2022a steers beam 2016a to target 2036 at variable angle,[0204]); and the second phase array is configured to steer the second radiation beam toward the region at the second incident angle(teaches 2022b steers beam 2016b to same target, at variable angle, [0204] ). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate phase arrays of Swillan to Goodwin to enhance flexibility by splitting an input beam into multiple paths, each directed to a different phased array ([0204]). These phased arrays generate and steer shaped radiation beams, allowing precise control of beam direction and intensity, thereby improving measurement accuracy by illuminating only the intended target area and avoiding exposure of surrounding structures, ([0148]). Regarding claim 15, Goodwin fails to teach wherein: the first phase array comprises a first plurality of phase shifters; and the second phase array comprises a second plurality of phase shifters. Swillan in the field of optical metrology for semiconductor manufacturing teaches wherein: the first phase array comprises a first plurality of phase shifters (teaches 2222a and 222b as two separate phased arrays, each phased array includes multiple phase modulators 2022, arranged along waveguides 2204 and connected to optical elements 2206, [0218-0223]); and the second phase array comprises a second plurality of phase shifters (teaches 2222a and 222b as two separate phased arrays, each phased array includes multiple phase modulators 2022, arranged along waveguides 2204 and connected to optical elements 2206, [0218-0223] ). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate phase shifters/phase modulators within the phase arrays of Swillan to Goodwin to enhance flexibility by splitting an input beam into multiple paths, each directed to a different phased array ([0204]). These phased arrays generate and steer shaped radiation beams, allowing precise control of beam direction and intensity, thereby improving measurement accuracy by illuminating only the intended target area and avoiding exposure of surrounding structures, ([0148]). Regarding claim 18, Goodwin fails to teach wherein: the region comprises a set of alignment marks; and the controller is further configured to generate alignment mark deformation data for the set of alignment marks based on the electronic signal. Swillan in the field of optical metrology for semiconductor manufacturing teaches wherein: the region comprises a set of alignment marks (teaches that alignment marks used in the substrate (region of interest), “patterning device (for example, mask) MA and substrate W may be aligned using mask alignment marks M1, M2 and substrate alignment marks P1, P2”, [0055], and “Inspection apparatus 400 may be further configured to detect positions of alignment marks on the substrate”, [0078); and the controller (processor 432, [0095]) is further configured to generate alignment mark deformation data for the set of alignment marks based on the electronic signal (discloses the processor 432 receives electronic signal data from detectors, measures alignment mark positions and characteristics, computes overlay and offset error, and generates correction table based on alignment mark deviation, “Processor 432 may utilize a clustering algorithm to group the marks into sets of similar constant offset error, and create an alignment error offset correction table based on the information”,, [0095-0096]). It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate a controller configured to generate alignment mark deformation data for the set of alignment marks based on the electronic signal of Swillan to Goodwin to enhance substrate to mask alignment accuracy, reduce optical and spectral distortion in overlay measurements, and enable more consistent and reliable pattern placement across the wafer ([0078] and [0095-0096]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTINA XING whose telephone number is (571)270-7743. The examiner can normally be reached Monday - Friday 9AM - 5 PM. 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, Kara Geisel can be reached at 571-272-2416. 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. /CHRISTINA I XING/Examiner, Art Unit 2877 /Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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Prosecution Timeline

Feb 09, 2024
Application Filed
Jul 23, 2025
Non-Final Rejection — §103
Nov 24, 2025
Response Filed
Mar 13, 2026
Final Rejection — §103
Apr 14, 2026
Response after Non-Final Action

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

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+8.3%)
2y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 24 resolved cases by this examiner. Grant probability derived from career allow rate.

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