Prosecution Insights
Last updated: April 19, 2026
Application No. 18/704,337

INSPECTION APPARATUS, POLARIZATION-MAINTAINING ROTATABLE BEAM DISPLACER, AND METHOD

Non-Final OA §102
Filed
Apr 24, 2024
Examiner
PERSAUD, DEORAM
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Netherlands B.V.
OA Round
2 (Non-Final)
76%
Grant Probability
Favorable
2-3
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
572 granted / 748 resolved
+8.5% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
36 currently pending
Career history
784
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
34.5%
-5.5% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 748 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 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. Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huisman et al. [WO 2019/206586 A1]. Regarding claims 1, 9 and 12, Huisman et al. discloses an inspection apparatus (Figs. 4 and 5) / an optical element (Figs. 4 and 5)/ a method (Fig. 6) comprising: a radiation source (412) configured to generate a beam of radiation (413, paragraph [0089]); an optical system (as shown in Figs. 4 and 5) configured to direct the beam along an optical axis (421) and toward a target (418) so as to produce scattered radiation from the target (418, paragraph [0090]), the optical system comprising: a beam displacer (414) comprising four reflective surfaces having a spatial arrangement (paragraph [0092]-[0093]), wherein the beam displacer is configured to: receive the beam along the optical axis (as shown in Figs. 4 and 5); perform reflections of the beam so as to displace the optical axis of the beam (as shown in Figs. 4, 5 and 8 and 9); rotate to shift the displaced optical axis (see also paragraphs [0154]-[0156] teaches wherein sub-beams to be displaced symmetrically); and preserve polarization of the beam such that a polarization state of the beam along the deflected optical axis is invariant to the rotating based on the spatial arrangement of the four reflective surfaces (paragraph [0096], [0100]-[0101] teaches polarization preserving single mode, multimode, or imaging); and a detector (428) configured to receive the scattered radiation and to generate a measurement signal based on the scattered radiation (paragraph [0094]). Regarding claims 2 and 10, Huisman et al. discloses wherein: the beam displacer comprises a prism (414); and the four reflective surfaces are facets of the prism (as shown in Figs. 4 and 5). Regarding claims 3, 11 and 13, Huisman et al. discloses wherein: phases of polarization components of the beam become offset due to each of the reflections (paragraph [0097]); and a sum of phase offsets due to the reflections cancel such that the polarization state of the beam along the deflected optical axis is invariant to the rotating (paragraphs [0119]-[0122]). Regarding claims 4-7 and 15-18, Huisman et al. discloses wherein the optical system further comprises a beam splitter (as shown in Figs. 4 and 5) configured to split the beam to generate a second beam of radiation (paragraph [0092]-[0093]), further comprising a second detector, wherein: the optical system is configured to direct the second beam toward a second target so as to produce second scattered radiation from the second target; and the second detector is configured to receive the second scattered radiation and to generate a second measurement signal based on the second scattered radiation (paragraph [0016]); wherein the inspection apparatus is configured to perform parallel measurements of the target and second target using the detector and second detector, respectively (paragraph [0111]), wherein the beam displacer is configured to adjust a separation between the beam and the second beam so as to correspond to a separation between the target and the second target (paragraph [0116]). Regarding claims 8 and 19, Huisman et al. discloses wherein: the optical system comprises an objective having an optical center and configured to collect and direct the scattered radiation toward the detector (428); and wherein the objective and the beam displacer (414) are physically coupled such that one unit of motion of the objective for one unit of motion of the beam displacer allows the scattered radiation to be aligned to the optical center (as shown in Figs. 4 and 5). Regarding claim 14, Huisman et al. discloses further comprising: receiving the scattered radiation at a detector (428) of an inspection apparatus; and generating a measurement signal based on the scattered radiation using the detector (paragraph [0094]). Response to Arguments Applicant’s arguments, filed 12/08/2025, with respect to the rejection(s) of claims 1-19 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Huisman et al. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEORAM PERSAUD whose telephone number is (571)270-5476. 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, Minh-Toan Ton can be reached at 571-272-2303. 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. /DEORAM PERSAUD/Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Apr 24, 2024
Application Filed
Sep 24, 2025
Non-Final Rejection — §102
Dec 08, 2025
Response Filed
Apr 03, 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

2-3
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+12.0%)
2y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 748 resolved cases by this examiner. Grant probability derived from career allow rate.

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