Prosecution Insights
Last updated: October 02, 2026
Application No. 18/720,941

SUBSTRATE COMPRISING A TARGET ARRANGEMENT, ASSOCIATED PATTERNING DEVICE AND METROLOGY METHOD

Non-Final OA §102
Filed
Jun 17, 2024
Priority
Dec 22, 2021 — EU 21216952.8 +1 more
Examiner
HANSEN, JONATHAN M
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Holding N.V.
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
610 granted / 768 resolved
+11.4% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
36 currently pending
Career history
804
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
11.8%
-28.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 768 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/04/2026 has been entered. Response to Arguments Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new grounds of rejection presented below. 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. (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. Claim(s)12-23 are rejected under 35 U.S.C. 102(a2) as being anticipated by US Publication 2022/0214625 to Gronheid et al. Regarding claims 12-23, Gronheid discloses and shows in Figures 1-4, a substrate for measuring a focus parameter (par. 2-4, 22-24), the substrate comprising: at least one focus target (100) comprising at least one pair of sub-targets (102a-b, 104a-b, 106a-b, 108a-b, 110a-b, 112a-b), wherein the pair of sub-targets comprising at least a first sub-target and a second sub- target (par. 32, 37, 40, 43, 46; wherein first and second sets of first, second and third target structures are provided on substrate), wherein the first sub-target and the second sub-target each comprise: at least a periodic main feature (102a-b) having a main feature pitch, wherein a center-of-mass of the main feature pitch is focus dependent (par. 25-26, 29-30, 32-33; wherein each target structure may be a periodic element, having any various shape or pitch); and a periodic reference feature (104a-b) having a reference feature pitch different from the main feature pitch (par. 25-26, 29-30, 32-33; wherein each target structure may be a periodic element, having any various shape or pitch), wherein the main feature and reference feature are arranged such that scattered radiation from the main feature and the reference feature interfere to form a beat signal or Moire signal (par. 51; wherein a plurality of diffraction orders from each periodic target interfere to form Moire patterns); [claim 13] wherein the main feature pitch and reference feature pitch differ by less than 20% (par. 51; wherein each periodic structure may have a pitch within a range of 300 nm to 700 nm); [claim 14] wherein the reference feature is comprised in a layer below a layer of interest comprising the main feature of each sub-target (par. 26, 32-33, 36-37, 40); [claim 15] wherein the reference feature and the main feature are both comprised within a same layer (par. 26, 32-33, 36-37, 40); [claim 16] the center-of-mass of each sub-target is related to a peak position of a first harmonic of a pattern defined focus target when printed (par. 22, 51, 53-68) (Figures 1a-d); [claim 17] wherein: each of the main feature is formed with a focus dependent pitch, and the main feature is substantially symmetrical around an axis of symmetry parallel to a direction of periodicity of the main feature (par. 46-49; wherein each periodic target structure is symmetrical) (Figures 1a-d); [claim 18] wherein the main feature comprises a periodic array of main feature elements (par. 46-49; wherein each periodic target structure is symmetrical) (Figures 1a-d); [claim 19] wherein the focus target is paired on the substrate with a mirrored or 180 degree rotated version of the focus target (Figures 1b) (par. 46-49); [claim 20] wherein the focus parameter describes a focus setting of a lithographic exposure process in which the focus target was exposed, wherein the focus target comprises a plurality of sub-targets configured to exhibit different focus-dependent responses, such that a difference between measurement signals obtained from the plurality of sub-targets varies as a function of focus and is indicative of the focus parameter (par. 22, 58-63; wherein a plurality of overlay signals and focus offset values are determined and compared in a calibration function); [claim 21] a patterning device comprising: target patterning features for forming the focus target on the substrate to obtain the substrate (par. 22; wherein a focus-dependent semiconductor device may be fabricated by any known method of lithography, etching or printing); [claim 22] a method of determining a focus parameter from a focus target on a substrate, the method comprising: imaging Moire fringes or beat signals resulting from interference between at least one diffraction order from a main feature of at least one a focus target first sub-target of the focus target (par. 51), the main feature having a main feature pitch, and at least one corresponding diffraction order a reference feature having a reference feature pitch different from the main feature pitch, the reference feature being of at least one focus target or second sub-target of the focus target (par. 25-26, 29-30, 32-33); obtaining a first measurement signal corresponding to the first sub-target and a second measurement signal corresponding to the second sub-target based on the imaging (par. 58-63; wherein a plurality of overlay signals and focus offset values may be determined from each periodic target structure); determining a difference signal between the first measurement signal and the second measurement signal (par. 58-63; wherein a plurality of overlay signals and focus offset values are determined and compared in a calibration function); and determining the focus parameter from the measurement difference signal (par. 58-63; wherein a plurality of overlay signals and focus offset values are determined and compared in a calibration function); [claim 23] wherein a center of mass of the main feature is dependent on the focus setting of the lithographic exposure process used to print the main feature (par. 22; 58-63) (Figures 1a-d). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm. 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, Michelle Iacoletti can be reached at 571-270-5789. 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. JONATHAN M. HANSEN Primary Examiner Art Unit 2877 /JONATHAN M HANSEN/Primary Examiner, Art Unit 2877
Read full office action

Prosecution Timeline

Jun 17, 2024
Application Filed
Dec 31, 2025
Non-Final Rejection mailed — §102
Mar 31, 2026
Response Filed
Jun 04, 2026
Final Rejection mailed — §102
Aug 04, 2026
Response after Non-Final Action
Aug 31, 2026
Request for Continued Examination
Sep 01, 2026
Response after Non-Final Action
Sep 16, 2026
Non-Final Rejection mailed — §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

3-4
Expected OA Rounds
79%
Grant Probability
91%
With Interview (+11.4%)
2y 5m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 768 resolved cases by this examiner. Grant probability derived from career allowance rate.

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