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 Objections
Claims 1-20 are objected to because of the following informalities:
Regarding claim 1, the limitation “measuring an absorbance spectrum of the substrate having the embedding material embedded therein” should be changed to “measuring an absorbance spectrum of the substrate having the embedding material” in order to remove repeated subject matter defined by the previous sentence. Claims 3-8, are objected to by virtue of their dependency.
Regarding claim 2, the term “becomes” should be changed to “become” in order to correct a grammatical informality.
Regarding claim 9, the limitation “wherein in the spectroscopic measurement, light that tends to transmit through the substrate is irradiated, and light that has transmitted through the substrate or reflected light is detected” should be changed to “wherein the spectroscopic measurement includes irradiating light to the substrate, and detecting the light that is transmitted through or reflected by the substrate” in order to remove narrative claim language and clarify an active method step.
Regarding claim 10, the limitation “in the spectroscopic measurement, infrared light is irradiated to the substrate, and infrared light that has transmitted through the substrate or reflected infrared light is detected” should be changed to “the spectroscopic measurement includes irradiating infrared light to the substrate and detecting the infrared light that has been transmitted through or reflected by the substrate” in order to clarify an active method step.
Regarding claim 11, the limitation “the embedded state of the recess is determined” should be changed to “determining the embedded state of the recess” in order to clarify an active method step. Claims 12-13 are objected to by virtue of their dependency.
Regarding claim 14, the limitation “the embedded state of the recess is determined” should be changed to “determining the embedded state of the recess” in order clarify an active method step.
Regarding claim 15, the limitation “the spectroscopic measurement is performed” should be changed to “performing the spectroscopic measurement” in order to clarify an active method step”.
Regarding claim 15, the limitation “in the determination step, a first difference… and a second difference…is obtained” should be changed to “in the determination step, obtaining a first difference… and a second difference…” in order to clarify an active method step. Claims 16-17 are objected to by virtue of their dependency.
Regarding claim 18, the limitation “a controller, wherein the controller executes: measuring…determining” should be changed to “a controller configured to: measure…determine” in order to remove narrative claim language. The limitation “a integrity value” should be changed to “an integrity value” in order to correct a grammatical informality. Claims 19-20 are objected to by virtue of their dependency.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 8, the limitation “wherein in the determination step, whether or not a void exists in the recess in which the embedding material is embedded is determined based on whether or not the integrated value is within a predetermined range or is greater than or equal to a predetermined threshold” renders the claim indefinite because the boundaries of what is considered a void is not defined. The specification discloses that the void is present when the integrated value is less than the tolerance range/threshold in [0090] and discloses that the void is not present when the integrated value is within the tolerance range/threshold in [0090]. The claim fails particularly point how the presence of the void is determined. The Examiner has interpreted the claim as “the determination step includes determining whether or not a void has occurred in the recess, wherein the void is present in the recess when the integrated value is less or greater than a predetermined range or a predetermined threshold, and wherein the void is not present when the integrated value is equal to a predetermined range or a predetermined threshold”.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the objection(s) set forth in this Office action.
The closest prior art is Chen (U.S. 2021/0116390).
Regarding claim 1:
Chen discloses a determination method comprising:
a post-embedding measurement step for performing spectroscopic measurement (Fig. 12, 1210) on a substrate in which a pattern including a recess (Fig. 1, gap between 102) is formed (Fig. 12, irradiating a wafer), the recess having an embedding material embedded therein (Fig. 7, material absorbance measures different materials), and measuring an absorbance spectrum of the substrate having the embedding material embedded therein (Fig. 7, material absorbance); and
a determination step for determining an embedded state of the recess (Fig. 12, 1240).
However, Chen fails to disclose a determination step for determining an embedded state of the recess based on an integrated value of an intensity of the measured absorbance spectrum of the substrate at a plurality of wavenumbers.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten to overcome the objections above. Claims 2-17 are allowable by virtue of their dependency. Regarding claim 18:
Chen discloses A substrate processing apparatus comprising:
a light source (Fig. 11, 1120) configured to emit light (Fig. 11, 1121, 1122, and 1124) to a substrate in which a pattern including a recess (Fig. 11 and Fig. 1) is formed and an embedding material is embedded in the recess recesses;
a light receiving mechanism (Fig. 11, 1160) configured to receive transmitted light emitted from the light source and transmitted through the substrate or reflected light emitted from the light source and reflected by the substrate (Fig. 11, light is transmitted through the substrate); and
a controller (Fig. 11, 1110),
wherein the controller executes:
measuring an absorbance spectrum (Fig. 7, material absorbance) of the substrate in which the embedding material is embedded from the reflected light or the transmitted light received by the light receiving mechanism (Fig. 7, material absorbance); and
determining an embedded state of the recess (Fig. 12, 1240).
However, Chen fails to disclose measuring an absorbance spectrum based on a integrated value of an intensity at a plurality of wavenumbers of the measured absorbance spectrum of the substrate.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten to overcome the objections above. Claims 19-20 are allowable by virtue of their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm.
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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
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