Prosecution Insights
Last updated: April 19, 2026
Application No. 18/686,742

METROLOGY SYSTEM, LITHOGRAPHIC APPARATUS, AND METHOD

Non-Final OA §102
Filed
Feb 26, 2024
Examiner
STOCK JR, GORDON J
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Netherlands B.V.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
774 granted / 950 resolved
+13.5% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
22 currently pending
Career history
972
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
42.5%
+2.5% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
29.4%
-10.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 950 resolved cases

Office Action

§102
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 . Claim Rejections - 35 USC § 102 2. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 3. Claims 16-19, 21, 23-27, and 30-35 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Goorden et al. (WO 2020/057900 A1)-cited by applicant. As for claims 16 and 31 (treating claim 16 as the apparatus for the practice of claim 31), Goorden in a metrology sensor for position metrology discloses/suggests the following: a metrology system (Fig. 1: 240 and Fig. 2: 300; paragraphs 0046-0054) comprising: an illumination system (Fig. 2: 300; paragraph 0052) configured to: generate a radiation beam (Fig. 2: 320, 330; paragraph 0052) and direct the radiation beam toward a region of a surface of a substrate (Fig. 2: 354; paragraph 0052); a detection system (Fig. 2: 365; paragraph 0052) configured to: measure an observable from the region in response to an illumination of the region by the radiation beam (paragraph 0052 with Fig. 2), and generate a measurement signal indicative of the measured observable (Fig. 4: paragraphs 0064,0065); and a controller configured to determine a correction to a measurement value based on the measurement signal (Fig. 2: 380 with paragraphs 0052 and 0094-0096). As for claims 17 and 32, Goorden discloses/suggests everything as above (see claims 16 and 31). In addition, Goorden discloses/suggests the detection system is further configured to: measure an interference between radiation diffracted from the region in response to the illumination of the region by the radiation beam, and generate the measurement signal comprising interference fringe pattern data indicative of the measured interference; and the controller is further configured to determine the correction to the measurement value based on the interference fringe pattern data (Figs. 4-5 with paragraphs 0061-0066). As for claims 18 and 33, Goorden discloses/suggests everything as above (see claims 17 and 32). In addition, Goorden discloses/suggests wherein the controller is further configured to: determine a change in a periodicity value of the interference fringe pattern data; and determine the correction to the measurement value based on the change in the periodicity value (Fig. 8 with paragraphs 0081-0082) As for claims 19 and 33, Goorden discloses/suggests everything as above (see claims 17 and 32). In addition, Goorden discloses/suggests wherein the controller is further configured to: determine a change in an orientation value of the interference fringe pattern data; and determine the correction to the measurement value based on the change in the orientation value (Fig. 8 with paragraphs 0081-0082). As for claim 21, Goorden discloses/suggests everything as above (see claim 17). In addition, Goorden discloses/suggests wherein: the region comprises an alignment mark; and the interference fringe pattern data corresponds to a portion of the alignment mark (Fig. 5 with paragraphs 0065, 0066). As for claims 23, 34, and 35, Goorden discloses/suggests everything as above (see claims 16 and 32). In addition, he discloses wherein the correction comprises: a first correction to an alignment measurement of an alignment sensor; or a second correction to an overlay error of an overlay sensor (paragraphs 0065,0066,0095, and Fig. 5). As for claim 24, Goorden discloses/suggests everything as above (see claim 23). In addition, he discloses wherein the controller is further configured to optimize a lithography step during an exposure of an alignment mark based on the observable (paragraphs 0094-0096). As for claim 25, Goorden discloses/suggests everything as above (note the limitations of claim 16). In addition, Goorden discloses a lithographic apparatus (Fig. 1: paragraphs 0035-0051, comprising: a radiation source configured to illuminate a pattern of a patterning device; a projection system configured to project an image of the pattern onto a target portion of a substrate (Fig. 1: paragraphs 0035-0051); and a metrology system comprising: an illumination system configured to: generate a radiation beam, and direct the radiation beam toward a region of a surface of a substrate; a detection system configured to measure an observable from the region in response to an illumination of the region by the radiation beam, and generate a measurement signal indicative of the measured observable; and a controller configured to determine a correction to a measurement value based on the measurement signal (refer to claim 16 above), As for claim 26, Goorden discloses/suggests everything as above (see claim 25). In addition, Goorden discloses/suggests wherein the detection system is further configured to: measure an interference between radiation diffracted from the region in response to the illumination of the region by the radiation beam, and generate the measurement signal comprising interference fringe pattern data indicative of the measured interference; and the controller is further configured to determine the correction to the measurement value based on the interference fringe pattern data (Figs. 4-5 with paragraphs 0061-0066). As for claim 27, Goorden discloses/suggests everything as above (see claim 26). In addition, Goorden discloses/suggests wherein the controller is further configured to: determine a change in a periodicity value of the interference fringe pattern data; and determine the correction to the measurement value based on the change in the periodicity value (Fig. 8 with paragraphs 0081-0082) As for claim 28, Goorden discloses/suggests everything as above (see claim 26). In addition, Goorden discloses/suggests wherein the controller is further configured to: determine a change in an orientation value of the interference fringe pattern data; and determine the correction to the measurement value based on the change in the orientation value (Fig. 8 with paragraphs 0081-0082). As for claim 30, Goorden discloses/suggests everything as above (see claim 26). In addition, Goorden discloses/suggests wherein the correction comprises: a first correction to an alignment measurement of an alignment sensor; or a second correction to an overlay error of an overlay sensor (paragraphs 0065,0066,0095, and Fig. 5). Allowable Subject Matter 4. Claims 20, 22, and 29 are objected to as being dependent upon a rejected base claim, but appear to be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: please refer to the attached PTO-892. Fax/Telephone Numbers Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gordon J. Stock, Jr. whose telephone number is (571) 272-2431. The examiner can normally be reached on Monday-Friday, 10:00 a.m. - 6:30 p.m. 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. /GORDON J STOCK JR/ Primary Examiner, Art Unit 2877
Read full office action

Prosecution Timeline

Feb 26, 2024
Application Filed
Jan 10, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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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
82%
Grant Probability
99%
With Interview (+18.0%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 950 resolved cases by this examiner. Grant probability derived from career allow rate.

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