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 .
The amendment filed on April 20, 2026 has been entered. Claims 1-22 are pending in this application.
Claim Rejections - 35 USC § 102
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 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) 1-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Slachter et al. [US 20210018850 A1, hereafter Slachter].
As per Claim 1, Slachter teaches a method for determining a location of an object surface in relation to a target location in a measuring device for semiconductor technology (Para 133 and 176), the location being determined on the basis of at least two measured values which represent the location (wherein measurements of a parameter 1602 (e.g., a CD, overlay, etc.) and a process variable 1604 (e.g., dose, focus, etc.) of the patterning process are obtained),
characterized in that
the determination of the location comprises a probability analysis, wherein the probability analysis defines a probability function for each of the measured values to account for measurement inaccuracies (Para 6-9, wherein determining a parameter limit of the parameter based on the probability density function of the parameter and the measurements of the failure rate of the feature).
As per Claim 2, Slachter teaches the method of Claim 1, characterized in that the target location is the location of a focal plane of the measuring device (Para 176).
As per Claim 3, Slachter teaches the method of Claim 1, characterized in that for sub-combinations of at least three measured values, a mean value of the respective sub-combination is determined in each case as a combination result (Para 178 and 231).
As per Claim 4, Slachter teaches the method of Claim 3, characterized in that a probability (WGEx) is determined in each case for possible combination results of the three measured values (Para 133 and 231).
As per Claim 5, Slachter teaches the method of Claim 4, characterized in that to determine the probability (WGEx), the values of the probability functions for the respective combination result are added (Para 247-248).
As per Claim 6, Slachter teaches the method of Claim 4, characterized in that the probability analysis further includes a probability function for metrological expectations for the measuring device (Para 128).
As per Claim 7, Slachter teaches the method of Claim 6, characterized in that the value of the probability function for the metrological expectations is used for the combination result determined in each case (Para 128).
As per Claim 8, Slachter teaches the method of Claim 7, characterized in that to determine the probability, the value of the probability function for the metrological expectations is added to the combination result determined in each case (Para 308).
As per Claim 9, Slachter teaches the method of Claim 3, characterized in that the combination result with the highest probability is selected as a measure for the location to be determined (Para 143).
As per Claim 10, Slachter teaches the method of Claim 4, characterized in that when defining at least one of the probability functions, a standard deviation for the probability function is specified by way of a sensitivity analysis (Para 181-182).
As per Claim 11, Slachter teaches the method of Claim 10, characterized in that the standard deviation is chosen such that the value of the most probable location ascertained during the sensitivity analysis on the basis of the probability analysis is continuous within a predetermined range (Para 334).
As per Claim 12, Slachter teaches the method of Claim 2, characterized in that for sub-combinations of at least three measured values, a mean value of the respective sub-combination is determined in each case as a combination result (Para 301).
As per Claim 13, Slachter teaches the method of Claim 12, characterized in that the probability functions are defined for the at least three measured values, and a probability (WGEx) is determined in each case for possible combination results of the three measured values (Para 301).
As per Claim 14, Slachter teaches the method of Claim 13, characterized in that to determine the probability (WGEx), the values of the probability functions for the respective combination result are added (Para 308).
As per Claim 15, Slachter teaches the method of Claim 14, characterized in that to determine the probability, the value of a probability function for metrological expectations of the measuring device is added to the combination result determined in each case (Para 128).
As per Claims 16-20, Slachter teaches the method of claim 1, wherein the object surface is a surface of a photolithography mask (Para 227-228).
As per Claim 21, Slachter teaches the method of claim 1, wherein the target location corresponds to a Z-location of a focal plane of a mask inspection microscope and each measured values correspond to a location of maximum image sharpness on a camera of a tilted measurement structure projected onto the camera by the measuring device (Para 143).
As per Claim 22, Slachter teaches the method of claim 21, wherein each measurement structure is a grating having a different period (Para 148).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/MESFIN T ASFAW/ Primary Examiner, Art Unit 2882
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