DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 5/20/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument that Ishitani does not expressly or inherently disclose “the computer system acquires 3-dimensional coordinates of an observation target position based on the association data in response to a designation of the depth information as the observation target position in the charged particle beam apparatus”; Ishtani discloses that “The image processing device 37, which is connected to a computer 43, outputs an image of the sample surface on the monitor device 38. The Z-axis of the XYZ stage 31 is moved up and down, and thereby an automatic focusing on the surface of the sample 6 is performed while viewing the monitor device 38” [0075], and that “The present invention is capable of causing a field of view and a focus in an SEM observation to track a processed cross section even if the processed cross section moves in its depth direction during the repeated performing of FIB cross-sectioning and SEM observation of the processed cross section” [0014]).
Ishtani discloses a computer system (“image processing device 37” [0075]) that acquires 3-dimensional coordinates of an observation target position (since “automatic focusing on the surface of the sample 6 is performed” [0075] and “a value in an XYZ coordinate system, which corresponds to an arbitrary position of the sample 6, is read into a computer 43 through an interface circuit 42” [0075] – where the “arbitrary position” is an observation target position which has 3-dimensional XYZ coordinate that are acquired by computer 43, which includes image processing device 37). The acquired 3-dimensional coordinates (the XYZ coordinates acquired by the laser microscope in paragraph [0075]) are based on the association data in response to a designation of the depth information as the observation target position in the charged particle beam apparatus (since the 3-dimensional, XYZ coordinates acquired by the laser microscope in paragraph [0075] are associated with the “deviation of a focus position ΔZ in electron beam coordinates” [0077] when “coordinate position information (or information on θx and θy) is sent from the laser microscope to a beam control section of the charged particle beam apparatus” [0077]).
In response to the teachings of Ishtani, Applicant asserts that the operation of using a laser microscope (as in paragraph [0075] of Ishtani) is much slower than what is described in claim 12; Applicant fails to identify specific language of the claim which demonstrates that the operation of claim 12 differs from that described in Ishtani. Rather, Applicant points to paragraphs [0007] –[0009] of the specification of the immediate application which describes “A technology capable of acquiring depth information of a multi-layered structure of a sample quickly and accurately without using an FIB” [0008]. No language in present claim 12 appears to coincide with this specific description in the specification. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Newly added claim 22 includes limitations that “neither of the top surface shape measurement apparatus and the charged particle beam apparatus is a focused ion beam apparatus.” However, as identified in the Non-Final Rejection 4/3/2026 of independent claim 12, on pages 2 and 3, the top surface shape measurement apparatus is the “laser microscope” [0076] while the charged particle beam apparatus is a scanning electron microscope (since paragraph [0026] identifies that “A point of the present invention is that an observation field of view and a focus of an SEM image are caused to track a moving cross section as the cross section moves” [0026] and paragraph [0077] identifies that the laser microscope coordinate measurement is used to correct “an amount of movement of a field of view ΔYe and an amount of deviation of a focus position ΔZe in electron beam coordinates” [0077]). Paragraph [0077] contrasts the method described in paragraphs [0075-0077] (corresponding to figure 5) with the previous method, wherein imaging is performed by a scanning ion microscope (SIM) instead of the laser microscope (“comparing with the method employing SIM images and SEM images as described above” [0077]). Therefore, it is clear that neither of the top surface shape measurement apparatus and the charged particle beam apparatus is a focused ion beam apparatus.
Paragraph [0007] of the specification of the immediate application appears to identify the intention that the present invention reduces the analysis time by identifying multiple layers simultaneously instead of one-by-one (as by removing individual layers by a FIB). However, this description relates to a general overview of the intention of the application, and it is not clear what specific embodiment described in the specification operates without the use of a FIB, as a FIB is utilized, for example, in paragraph [0056], the invention utilizes a FIB for polishing the sample.
Rather, paragraph [0050] appears to demonstrates that “in the analysis system according to the embodiment, the user can almost automatically (automatically except for a setting or an input by the user) perform detailed observation in the SEM by moving to 2- dimensional coordinates (X, Y) of a goal depth (or layer) from the sample top surface based on the coordinate conversion from the CSI to the SEM and the association data” [0050]. Ishtani describes in paragraphs [0075-0077] that the laser microscope produces 3-dimensional (XYZ) data on a location on the sample surface, so as to guide an electron beam of a scanning electron microscope to image the sample surface at a location having a Z-directional focus that has been informed by the 3-dimensional (XYZ) coordinate data acquired by the laser microscope.
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) 12, 13, 16, 17, 18, 19, 21, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishitani et al. U.S. PGPUB No. 2007/0023651.
Regarding claim 12, Ishitani discloses an analysis system comprising a computer system, wherein the computer system acquires 3-dimensional coordinate information of a top surface shape of a sample having a stacking structure, the 3-dimensional coordinate information being measured by a top surface shape measurement apparatus (“A 3D to-be-analyzed sample is placed on the XYZ stage… sequentially focusing the laser microscope on the specific part, and thereby coordinate values (Xi, Yi, Zi) at that point are obtained and registered” [0076]), acquires 2-dimensional coordinate information based on a photographic image of the sample imaged by a charged particle beam apparatus (“Setting the positional coordinates of points dj (j=1 to 4) in an SEM image as (Xe,j, Ye,j)” [0037]), performs coordinate conversion for association between the 3-dimensional coordinate information of the top surface shape measurement apparatus and the 2-dimensional coordinate information of the charged particle beam apparatus and acquires association data (“The laser microscope and the charged particle beam apparatus are connected, and coordinate position information (or information on θx and θy) is sent from the laser microscope to a beam control section of the charged particle beam apparatus” [0077]), which is a result, and acquires depth information on a coordinate system of the charged particle beam apparatus based on the association data (“Accordingly, an amount of movement of a field of view ΔYe and an amount of deviation of a focus position ΔZe in electron beam coordinates, which correspond to an amount of movement ΔXi of the cross section 20, can be calculated using Eqs. (8) to (11)” [0077]), wherein the computer system acquires 3-dimensional coordinates of an observation target position based on the association data in response to a designation of the depth information as the observation target position in the charged particle beam apparatus (“The image processing device 37, which is connected to a computer 43, outputs an image of the sample surface on the monitor device 38. The Z-axis of the XYZ stage 31 is moved up and down, and thereby an automatic focusing on the surface of the sample 6 is performed while viewing the monitor device 38” [0075]), and controls the charged particle beam apparatus and acquires an observation image at the observation target position (“The present invention is capable of causing a field of view and a focus in an SEM observation to track a processed cross section even if the processed cross section moves in its depth direction during the repeated performing of FIB cross-sectioning and SEM observation of the processed cross section” [0014]).
Regarding claim 13, Ishitani discloses that the depth information is information regarding a depth or the number of layers from a top surface of the sample (“A 3D to-be-analyzed sample is placed on the XYZ stage… sequentially focusing the laser microscope on the specific part, and thereby coordinate values (Xi, Yi, Zi) at that point are obtained and registered” [0076]).
Regarding claim 16, Ishitani discloses that the coordinate conversion (“The laser microscope and the charged particle beam apparatus are connected, and coordinate position information (or information on θx and θy) is sent from the laser microscope to a beam control section of the charged particle beam apparatus” [0077]) is performed by a projective conversion method (“Accordingly, an amount of movement of a field of view ΔYe and an amount of deviation of a focus position ΔZe in electron beam coordinates, which correspond to an amount of movement ΔXi of the cross section 20, can be calculated using Eqs. (8) to (11)” [0077]) using markers of three points or more (paragraph [0076] taches four marks “bj (j=1 to 4)” [0076]).
Regarding claim 17, Ishitani discloses that the coordinate conversion (“The laser microscope and the charged particle beam apparatus are connected, and coordinate position information (or information on θx and θy) is sent from the laser microscope to a beam control section of the charged particle beam apparatus” [0077]) is performed by a projective conversion method (“Accordingly, an amount of movement of a field of view ΔYe and an amount of deviation of a focus position ΔZe in electron beam coordinates, which correspond to an amount of movement ΔXi of the cross section 20, can be calculated using Eqs. (8) to (11)” [0077]) using markers of three points or more (paragraph [0076] taches four marks “bj (j=1 to 4)” [0076]), wherein the markers of the three points or more are formed on a top surface of the sample or a sample holder of the sample (“a mark formed on the sample surface” [Claim 2]).
Regarding claim 18, Ishitani discloses that a top surface of the sample has a slope surface (“using an angle formed by an irradiation axis of the FIB and an irradiation axis of the electron beam and the tilting information on the sample surface” [0010]) which is formed by polishing and in which the stacking structure is exposed (“processing a continuous cross section in a local area of a sample surface of a semiconductor device, a new material or the like by using a focused ion beam (hereinafter referred to as an FIB)” [0003]).
Regarding claim 19, Ishitani discloses that the computer system acquires a plurality of position coordinates at the same depth or layer which are candidates as 3-dimensional coordinates of the observation target position (“A 3D to-be-analyzed sample is placed on the XYZ stage… sequentially focusing the laser microscope on the specific part, and thereby coordinate values (Xi, Yi, Zi) at that point are obtained and registered” [0076]) based on the association data in response to a designation of the depth information as the observation target position in the charged particle beam apparatus (“The laser microscope and the charged particle beam apparatus are connected, and coordinate position information (or information on θx and θy) is sent from the laser microscope to a beam control section of the charged particle beam apparatus” [0077]), and controls the charged particle beam apparatus at an observation target position selected from the candidates and acquires an observation image at the observation target position (“The image processing device 37, which is connected to a computer 43, outputs an image of the sample surface on the monitor device 38. The Z-axis of the XYZ stage 31 is moved up and down, and thereby an automatic focusing on the surface of the sample 6 is performed while viewing the monitor device 38” [0075]).
Regarding claim 21, Ishitani discloses that the charged particle beam apparatus is a scanning electron microscope (“observing the continuous cross section by using a scanning electron microscope (hereinafter referred to as an SEM)” [0003]).
Regarding claim 22, Ishtani discloses that the top surface shape measurement apparatus is the “laser microscope” [0076] while the charged particle beam apparatus is a scanning electron microscope (since paragraph [0026] identifies that “A point of the present invention is that an observation field of view and a focus of an SEM image are caused to track a moving cross section as the cross section moves” [0026] and paragraph [0077] identifies that the laser microscope coordinate measurement is used to correct “an amount of movement of a field of view ΔYe and an amount of deviation of a focus position ΔZe in electron beam coordinates” [0077]). Paragraph [0077] contrasts the method described in paragraphs [0075-0077] (corresponding to figure 5) with the previous method, wherein imaging is performed by a scanning ion microscope (SIM) instead of the laser microscope (“comparing with the method employing SIM images and SEM images as described above” [0077]). Therefore, it is clear that neither of the top surface shape measurement apparatus and the charged particle beam apparatus is a focused ion beam apparatus.
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishitani et al. U.S. PGPUB No. 2007/0023651 in view of Kato et al. U.S. Patent No. 4,733,074.
Regarding claim 14, Ishitani discloses that the computer system acquires depth information (“A 3D to-be-analyzed sample is placed on the XYZ stage… sequentially focusing the laser microscope on the specific part, and thereby coordinate values (Xi, Yi, Zi) at that point are obtained and registered” [0076]) of 2-dimensional coordinates based on the association data in response to a designation of the 2-dimensional coordinates on a photographic image in the charged particle beam apparatus (“The laser microscope and the charged particle beam apparatus are connected, and coordinate position information (or information on θx and θy) is sent from the laser microscope to a beam control section of the charged particle beam apparatus” [0077]). However, Ishitani does not disclose displaying the depth information on a screen.
Kato discloses the computer system acquires depth information of 2-dimensional coordinates based on the association data in response to a designation of the 2-dimensional coordinates of a depth computation in the charged particle beam apparatus (“a method to collect data on the depth measured by cutting samples and the brightness distribution obtained by observing the samples from above and a method to calculate theoretically are available” [col. 3; lines 55-59]), and displays the depth information on a screen (“The computer 17 processes the signal sent from the detector 6 and, according to the instructions of the key board 18, produces information on depth and indicates it on the display 16” [col. 5; lines 63-66]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Ishitani with the display of Kato in order to provide depth information about a scanning electron microscopy image to a user, thereby providing more information about the sample to the user.
Claim(s) 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishitani et al. U.S. PGPUB No. 2007/0023651 in view of Mizuochi et al. U.S. PGPUB No. 2013/0284924.
Regarding claim 15, Ishitani discloses that the computer system performs height correction to equalize coordinate heights on the association data using reference position coordinates in the stacking structure of the sample (“The image processing device 37, which is connected to a computer 43, outputs an image of the sample surface on the monitor device 38. The Z-axis of the XYZ stage 31 is moved up and down, and thereby an automatic focusing on the surface of the sample 6 is performed while viewing the monitor device 38” [0075]), however, there is no disclosure that this occurs after the coordinate conversion.
Mizuochi discloses an analysis system comprising a computer system (“an image is generated based on the control information of the deflector and the information obtained from the detector, and is described to a monitor which is provided at a control computer 74 as an image” [0030]), wherein the computer system acquires 3-dimensional coordinate information of a top surface shape of a sample having a stacking structure (“a height of the reference position is measured by a height sensor (Z sensor), a difference from the measured value of the height of the correction value is added to the predicted focus value as an offset value, and the focus value is corrected” [0013]), the 3-dimensional coordinate information being measured by a top surface shape measurement apparatus (“a Z sensor of measuring a height of the wafer; a laser interferometer of measuring a moving amount in an in-plane direction of the stage” [Claim 11]), acquires 2-dimensional coordinate information based on a photographic image of the sample imaged by a charged particle beam apparatus (“A reflection electron, or a secondary electron which is generated by irradiating the electron beam is detected by a detector 15, and transferred to an image control unit 73 along with control information of the deflector 14. Here, an image is generated based on the control information of the deflector and the information obtained from the detector, and is described to a monitor which is provided at a control computer 74 as an image” [0030]), performs coordinate conversion for association between the 3-dimensional coordinate information of the top surface shape measurement apparatus and the 2-dimensional coordinate information of the charged particle beam apparatus and acquires association data, which is a result, and acquires depth information on a coordinate system of the charged particle beam apparatus based on the association data (“The column control unit changes an optical condition of the electron lens by using a measured value of the Z sensor 25, and processes the optical condition so as not to shift focusing even when the height of the wafer is changed” [0031]); wherein the computer system performs height correction to equalize coordinate heights on the association data using reference position coordinates in the stacking structure of the sample after the coordinate conversion (“The column control unit changes an optical condition of the electron lens by using a measured value of the Z sensor 25, and processes the optical condition so as not to shift focusing even when the height of the wafer is changed” [0031]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Ishitani with the iterative depth measurement(s) of Mizuochi in order to provide real-time correction of an electron beam for imaging a sample based on a position of the electron beam on the sample surface so as to maintain the electron beam in a desired focal condition at each point on the sample surface.
Regarding claim 20, Ishitani discloses an analysis system comprising a computer system, wherein the computer system acquires 3-dimensional coordinate information of a top surface shape of a sample having a stacking structure, the 3-dimensional coordinate information being measured by a top surface shape measurement apparatus (“A 3D to-be-analyzed sample is placed on the XYZ stage… sequentially focusing the laser microscope on the specific part, and thereby coordinate values (Xi, Yi, Zi) at that point are obtained and registered” [0076]), however, there is no explicit disclosure that the top surface shape measurement apparatus is an optical interference microscope.
Mizuochi discloses an analysis system comprising a computer system (“an image is generated based on the control information of the deflector and the information obtained from the detector, and is described to a monitor which is provided at a control computer 74 as an image” [0030]), wherein the computer system acquires 3-dimensional coordinate information of a top surface shape of a sample having a stacking structure (“a height of the reference position is measured by a height sensor (Z sensor), a difference from the measured value of the height of the correction value is added to the predicted focus value as an offset value, and the focus value is corrected” [0013]), the 3-dimensional coordinate information being measured by a top surface shape measurement apparatus, wherein the top surface shape measurement apparatus is an optical interference microscope (“a Z sensor of measuring a height of the wafer; a laser interferometer of measuring a moving amount in an in-plane direction of the stage” [Claim 11]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Ishitani with the optical interference microscope of Mizuochi in order to utilize a commercially available system for embodying the optical microscopy measurement required by Ishitani.
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 JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/Examiner, Art Unit 2881
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