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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1, 13-16, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feijen et al. (Feijen) (2016/0291479) in view of Whitney (EP 0312341).
Regarding claim 1, Feijen discloses a measurement apparatus (Fig. 13, para 0054, 0106) for measuring a position of a target (W, T, para 0057), comprising: an illumination system (11, 12) configured to illuminate the target with light including light of a first wavelength and light of a second wavelength different from the first wavelength (para 0109, color filter enables selection of light with different colors, wavelengths); a wavefront changing unit (1324) configured to change a wavefront aberration in light from the target (para 0106, 0109, reduce effects of chromatic aberration); and a control unit (1362) configured to control the wavefront changing unit (para 0109), wherein the wavefront changing unit includes a region where the light of the first wavelength enters, and a region where the light of the second wavelength enters, and the control unit controls the wavefront changing unit such that a first correction wavefront for correcting a first wavefront aberration in the light of the first wavelength is generated in the first region, and a second correction wavefront for correcting a second wavefront aberration in the light of the second wavelength is generated in the second region (para 0111). However, Feijen does not disclose wherein the wavefront changing unit includes a first region where the light of the first wavelength enters, and a second region, different from the first region, where the light of the second wavelength enters. Whitney discloses an optical element for wavefront compensation having a first region for a first wavelength and a second region for a second wavelength (claim 81). Therefore, it would have been obvious to one of ordinary skill in the art to provide a wavefront compensating or changing unit including a first region for the first wavelength and a second region for the second wavelength, as taught by Whitney, to the invention of Feijen. The examiner takes an official notice that given a wavefront compensation unit with two different regions for two different wavelength, as taught by Whitney, it would be obvious to one of ordinary skill in the art to utilize such compensation unit to simultaneously correct wavefront of two different wavelength and improve throughput.
Regarding claim 13, Feijen discloses a detection unit (19, 23) configured to detect the light from the target via the wavefront changing unit, wherein the control unit obtains the position of the target based on the light from the target detected by the detection unit (Fig. 13).
Regarding claim 14, Feijen discloses an objective optical system (16) arranged between the detection unit and the target, wherein the wavefront changing unit is arranged on a pupil plane of the objective optical system (Fig. 13).
Regarding claim 15, Feijen discloses wherein each of the first wavefront aberration and the second wavefront aberration includes a wavefront aberration in the detection unit (19, 23, Fig. 13).
Regarding claim 16, Feijen discloses wherein the target includes a first pattern and a second pattern, and the control unit obtains a relative position between the first pattern and the second pattern (Fig. 3, 4).
Regarding claim 18, Feijen discloses a lithography apparatus (204, Fig. 1) for forming a pattern on a substrate, the apparatus comprising: a measurement apparatus defined in claim 1, configured to measure a position of a target while using, as the target, a mark provided on the substrate; and a stage configured to position the substrate based on the position of the target measured by the measurement apparatus (para 0044, 0123).
Regarding claim 19, Feijen discloses a projection optical system configured to project a pattern of a reticle onto the substrate (para 0044, 0123).
Claim(s) 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feijen et al. (Feijen) in view of Sapiens et al. (Sapiens) (2016/0334326).
Regarding claim 17, Feijen discloses a measurement method of measuring a position of a target (W, T, para 0057) using a measurement apparatus (Fig. 13, para 0054, 0106) that comprises an illumination system (11, 12) configured to illuminate the target with light including light of a first wavelength and light of a second wavelength different from the first wavelength (para 0109), and a wavefront changing unit (1324) configured to change a wavefront aberration in light from the target (para 0106, 0109), wherein the wavefront changing unit includes a first region where the light of the first wavelength enters, and a second region where the light of the second wavelength enters (interpreting the first region and the second region as the same unit), and the method comprises: controlling the wavefront changing unit such that a first correction wavefront for correcting the first wavefront aberration is generated in the first region, and a second correction wavefront for correcting the second wavefront aberration is generated in the second region (para 0111). However, Feijen does not disclose acquiring a first wavefront aberration in the light of the first wavelength and a second wavefront aberration in the light of the second wavelength. Sapiens discloses a measurement apparatus (Fig. 4) comprising a wavefront detection unit (160, para 0086) configured to detect wavefront aberration and a control unit (130, para 0088) to control the wavefront changing unit (150, para 0086-0088). Therefore, it would have been obvious to one of ordinary skill in the art to provide the wavefront detection unit as disclosed by Sapiens to the invention of Feijen to acquire a first wavefront aberration in the light of the first wavelength and a second wavefront aberration in the light of the second wavelength and to correct the wavefront aberration based on the result of the detection unit in order to adjust for specific wavefront that result in the specific measurement apparatus of Feijen.
Regarding claim 20, Feijen discloses an article manufacturing method comprising: measuring, using a measurement method defined in claim 17, a position of a target while using, as the target, a mark provided on a substrate; positioning the substrate based on the position of the target measured in the measuring; forming a pattern on the substrate positioned in the positioning; and manufacturing an article from the substrate with the pattern formed thereon in the forming (para 044, 0123).
Claim(s) 2, 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feijen et al. (Feijen) in view of Whitney as applied to claim 1 above, and further in view of Sapiens et al. (Sapiens).
Regarding claim 2, the further difference between the claimed invention and the modified Feijen is a wavefront detection unit configured to detect the first wavefront aberration in the light of the first wavelength and the second wavefront aberration in the light of the second wavelength, wherein the control unit controls the wavefront changing unit such that the first correction wavefront is generated in the first region based on the first wavefront aberration detected by the wavefront detection unit, and the second correction wavefront is generated in the second region based on the second wavefront aberration detected by the wavefront detection unit. Sapiens discloses a measurement apparatus (Fig. 4) comprising a wavefront detection unit (160, para 0086) configured to detect wavefront aberration and a control unit (130, para 0088) to control the wavefront changing unit (150, para 0086-0088). Therefore, it would have been obvious to one of ordinary skill in the art to provide the wavefront detection unit as disclosed by Sapiens to the invention of Feijen to correct the wavefront aberration based on the result of the detection unit in order to adjust for specific wavefront that result in the specific measurement apparatus of Feijen.
Regarding claim 3, Feijen does not disclose wherein the wavefront detection unit detects the first wavefront aberration and the second wavefront aberration based on the light including the light of the first wavelength and the light of the second wavelength entering via the wavefront changing unit. Sapiens discloses the wavefront detection unit (160) detecting the light entering via the wavefront changing unit (150, Fig. 4). Therefore, it would have been obvious to provide the wavefront detection unit of Sapiens to the invention of Feijen for the reasons stated above.
Regarding claim 8, Feijen does not disclose wherein the wavefront changing unit includes a shape deformable mirror including a reflective film forming a reflective surface which reflects the light from the target, and an actuator configured to deform a shape of the reflective film. Sapiens discloses the wavefront changing unit (150) which is a programmable SLM (para 0085). Therefore it would have been obvious to provide the wavefront changing unit of Sapiens to the invention of Feijen since both liquid lens of Feijen and SLM of Sapiens is well known in the art and it has been held to be within the general skill of a worker in the art to select a known part on the basis of its suitability for the intended use as a matter of obvious design choice.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,072,175. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, claim 1 of the patent is also directed to a measurement apparatus for measuring a position of a target comprising: an illumination system, a wavefront changing unit and a control unit wherein the wavefront changing unit includes a first region and a second region and the control unit controls the wavefront changing unit. Although the claim of the patent does not specify that the second region is different from the first region, it would have been obvious to one of ordinary skill in the art to provide different regions for different wavelength in order to simultaneously correct wavefront of different wavelength thereby improving throughput.
Claims 2-8 correspond to claims 2-8, respectively, of the patent.
Regarding claim 9, claim 1 of the patent is directed to obtaining, based on the first wavefront aberration and the second wavefront aberration a correction wavefront for correcting a wavefront aberration asymmetric with respect to an optical axis.
Regarding claim 10, claim 21 of the patent is directed to a measurement apparatus for measuring a position of a target comprising: an illumination system, a wavefront changing unit and a control unit wherein the wavefront changing unit includes a first region and a second region and the control unit controls the wavefront changing unit and sets the first correction wavefront and the second correction wavefront at predetermined focal positions. Although the claim of the patent does not specify that the second region is different from the first region, it would have been obvious to one of ordinary skill in the art to provide different regions for different wavelength in order to simultaneously correct wavefront of different wavelength thereby improving throughput.
Claim 11 corresponds to claim 9 of the patent.
Claim 12 corresponds to claim 10 of the patent.
Claim 13 corresponds to claim 11 of the patent.
Claim 14 corresponds to claim 12 of the patent.
Claim 15 corresponds to claim 13 of the patent.
Claim 16 corresponds to claim 14 of the patent.
Regarding claim 17, claim 17 of the patent is directed to a measurement method of measuring a position of a target using an illumination system configured to illuminate the target with light including light of a first wavelength and light of a second wavelength different from the first wavelength, and a wavefront changing unit configured to change a wavefront aberration in light from the target, wherein the wavefront changing unit includes a first region where the light of the first wavelength enters, and a second region, acquiring a first wavefront aberration, and controlling the wavefront changing unit. Although the claim of the patent does not specify that the second region is different from the first region, it would have been obvious to one of ordinary skill in the art to provide different regions for different wavelength in order to simultaneously correct wavefront of different wavelength thereby improving throughput.
Claim 18 corresponds to claim 15 of the patent.
Claim 19 corresponds to claim 16 of the patent.
Claim 20 corresponds to claim 18 of the patent.
Allowable Subject Matter
Claims 4-7 and 9-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and if the double patenting rejections above are overcome.
Regarding claim 4, none of the prior art teaches or discloses wherein the control unit obtains a correction wavefront for correcting the first wavefront aberration and the second wavefront aberration from a third wavefront aberration obtained by connecting the first wavefront aberration and the second wavefront aberration so as to correspond to the first region and the second region, and controls the wavefront changing unit based on the correction wavefront such that the first correction wavefront is generated in the first region and the second correction wavefront is generated in the second region in combination with the limitations of claim 1.
Regarding claim 6, none of the prior art teaches or discloses wherein the control unit obtains a correction wavefront for correcting the first wavefront aberration and the second wavefront aberration by connecting the first correction wavefront and the second correction wavefront so as to correspond to the first region and the second region, and controls the wavefront changing unit based on the correction wavefront such that the first correction wavefront is generated in the first region and the second correction wavefront is generated in the second region in combination with the limitations of claim 1.
Regarding claim 9, none of the prior art teaches or discloses wherein the control unit obtains, based on the first wavefront aberration and the second wavefront aberration, a correction wavefront for correcting a wavefront aberration asymmetric with respect to an optical axis, and controls the wavefront changing unit based on the correction wavefront in combination with the limitations of claim 1.
Regarding claim 10, none of the prior art teaches or discloses wherein the control unit obtains, based the first wavefront aberration and the second wavefront aberration, a correction wavefront that sets the first correction wavefront and the second correction wavefront at predetermined focal positions, respectively, and controls the wavefront changing unit based on the correction wavefront in combination with the limitations of claim 1.
Regarding claim 11, none of the prior art teaches or discloses wherein the control unit obtains, based the first wavefront aberration, the second wavefront aberration, and information indicating a relationship between a wavefront aberration in the light from the target and a measurement error of a position of the target, a correction wavefront for correcting the first wavefront aberration and the second wavefront aberration, and controls the wavefront changing unit based on the correction wavefront in combination with the limitations of claim 1.
Regarding claim 12, none of the prior art teaches or discloses wherein the control unit obtains, based on the first wavefront aberration and information indicating a relationship between a wavefront aberration in the light from the target and a measurement value of a position of the target, a correction wavefront that makes the measurement value of the position of the target reach a target value, and controls, based on the correction wavefront, the wavefront changing unit such that the first correction wavefront is generated in the first region and the second correction wavefront is generated in the second region in combination with the limitations of claim 1.
Conclusion
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/PETER B KIM/Primary Examiner, Art Unit 2882 December 24, 2025