Prosecution Insights
Last updated: April 19, 2026
Application No. 18/775,420

DIGITAL LITHOGRAPHY APPARATUS WITH IMAGING DEVICE POSITIONED TO MITIGATE MOIRE EFFECT

Non-Final OA §102§103§112
Filed
Jul 17, 2024
Examiner
NGUYEN, HUNG
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Applied Materials, Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
1313 granted / 1449 resolved
+22.6% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
31 currently pending
Career history
1480
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
40.6%
+0.6% vs TC avg
§102
32.0%
-8.0% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1449 resolved cases

Office Action

§102 §103 §112
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 § 112 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. Claims 1-20 are 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. With respect to claims 1, 11 and 16, the claims recite “a first optical path length corresponding to the DMD” and “a second optical path length corresponding to the imaging device”. However, the claims fail to specify: the starting point and ending point of each optical path length; whether the optical path length is a geometric distance or an optical distance (e.g., refractive-index-weighted length); whether the optical path includes reflections from mirrors or prisms and whether the optical path length corresponds to an illumination path, an imaging path or both. Because the claims do not define how the optical path length is determined, the scope of the claims cannot be reasonably ascertained by one of ordinary skill in the art. Further the term “unequal” is a relative term that lacks an objective standard or threshold for determining when the optical path lengths are considered unequal. The claims fail to specify: a minimum or maximum difference; a functional threshold or any measurement criterion for determining inequality. As to claims 6, 14, 16 and 18, the phrase “mitigates a Moire effect” recites a result without reciting the structure or steps necessary to achieve that result, rendering the scope of the claims unclear. It is unclear how the Moire effect is detected; How mitigation is measured. Please explain. For the purposes of examination, the claims are given their broadest reasonable interpretation consistent with the specification and as understood by one having ordinary skill in the art. The phrase “optical path length corresponding to the DMD” is interpreted as the distance travelled by light along the illumination path that includes the DMD, and the phrase “optical path length corresponding to the imaging device” is interpreted as the distance travelled by light along the imaging path between the substrate and the imaging device”. The term “unequal” is interpreted broadly to mean that the two optical path lengths are not identical. The term “mitigate a Moire effect” is interpreted broadly to encompass any reduction, suppression, or avoidance of visible Moire artifacts in the captured image, without requiring a particular degrees of reduction or a specific method for achieving such mitigation. The Applicant is remined that this interpretation is made for the purpose of examination and is not intended to import limitations from the specification into the claims. 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. Claims 1, 11 and 16 are rejected under 35 U.S.C. 102(a)(2) as being unpatentable over Lian et al (US 2024/0184215). PNG media_image1.png 460 379 media_image1.png Greyscale With respect to claims 1, 11 and 16, Lian discloses a digital lithography system comprising all feature of the instant claims such as: a first light source (11 or SO) configured to emit light beam along an optical path toward a substrate (W) via one or more optical element (see figures 5 or 6); a digital micro-micro device (DMD or SM) configured to receive the light beam and formed an output light beam wherein the output light beam is emitted along the optical path toward the substrate (W) and an imaging device (DET or 23) configured to capture an image of the substrate illumination at least in part by the light beam, wherein a first optical path length corresponding to the DMD (SM ) and a second optical path length corresponding to the imaging device (DET or 23) are unequal. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (U.S.Pat. 11,965,835) in view of Manassen et al (U.S.Pat. 9,182,219 B1). With respect to claims 1, 11 and 16, Liu discloses a lithography system comprising: a first light source (101) configured to emit a light beam along an optical path (104) toward a substrate (114) via one or more optical elements (105-118); PNG media_image2.png 378 474 media_image2.png Greyscale a structured mask (107) configured to receive the light beam and form an output light beam, wherein the output light beam is emitted along the optical path toward the substrate; and an imaging device (102) configured to capture an image of the substrate (114) illuminated at least in part by the light beam, wherein a first optical path length corresponding to the structured mask and a second optical path length corresponding to the imaging device are unequal. As to claim 2, wherein the one or more optical elements has at least one movable lens (109; 118) configured to focus the light beam onto the substrate and further configured to focus the image of the substrate. As to claims 3 and 10, 12-13, 15, 17-18, an actuator (see col.5, lines 5-6) configured to move the at least one movable lens between the first position and a second position, wherein when the lens is in the first position the light beam is focused on the substrate (114) and wherein when the lens is in the second position the image of the substrate is focused (see col.5, lines 5-19). As to claim 4, a controller (103) configured to receive the capture image of the substrate; determine whether the captured image of the substrate is in focus and cause the at least one movable lens (109; 118) to move responsive to determining the captured image of the substrate is not in focus. As to claim 5, wherein the at least one movable lens (109, 118) has at least one of an optical lens, a spherical lens or an aspherical lens (see figure 1, reproduced above). As to claims 8 and 19, a second light source (an inherent element of the imaging device 102) disposed proximate the substrate, wherein the second light source is configured to further illuminate the substrate (see figure 1). As to claims 9 and 20, the substrate (114) has at least one of glass, a reflective material, a metal, a chrome, a polymer, a crystal or an oxide (see col.5, lines 15-24). Thus, Liu discloses substantially all limitations of the instant claims. Liu does not expressly disclose the structured mask (107) being a digital-micro-micro device (DMD). However, this feature is well known in the art. For example, Manassen discloses a digital lithography system for overlay measurement based on Moire effect between structured illumination (light source) and overlay target (substrate) and having a digital micro-mirror device (DMD) (see col.4, lines 38-45). In view of such teachings, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Liu and Manassen to obtain the claimed invention as specified in the mentioned claims. It would have been obvious to a skilled artisan to employ the digital micro-mirror device (DMD) as suggested by Manassen into the lithography system of Liu for the purpose of generating any desired patterns and improving the quality of the lithography system. As to claims 6 and 14, Manassen teaches adjusting illumination grid relative to target grid, the Moire pattern changes which implies mitigation or manipulation of Moire effects (see abstract). In view of teachings, it would have been obvious to adjust the first optical path and the second optical path of the lithography system of Liu, as suggested by Manassen to mitigates a Moire effect and thereby improving the quality of the printed images on the substrate. As to claim 7, Liu as modified by Manassen, lacks to show a first prism configured to direct the light beam along the optical path toward the DMD and a second prism configured to pass the output light along the optical path toward the substrate, as recited in the claim. However, Liu clearly suggests that “the system 110 may include a number of other refractive and/or reflective optical elements...thus, the system 110 may include any other suitable optical elements” (see col.5, lines 33-40). In view of such teachings, it would have been obvious to a skilled artisan to utilize a first prism and a second prism for the purpose of directing the light beam along the optical path toward to the substrate and respectively directing the output light beam along the optical path toward the substrate and directing light reflected from the substrate toward the imaging device and thereby improving the quality of the lithography system, as intended. Prior Art Made of Record The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Swillam et al (U.S.Pat. 12,306,541); Van Der Zouw et al (U.S.Pat. 2018/0088347 A1) have been cited for teaching digital lithography systems and each of which comprises substantially all limitations of the instant claims of the present application. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG HENRY NGUYEN whose telephone number is (571)272-2124. The examiner can normally be reached Monday-Friday 7:00AM-4:30PM. 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, Toan Minh 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. HUNG HENRY NGUYEN Primary Examiner Art Unit 2882 HVN 2/1/26 /HUNG V NGUYEN/Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Jul 17, 2024
Application Filed
Feb 01, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601980
STAGE APPARATUS, EXPOSURE APPARATUS, METHOD OF MANUFACTURING FLAT PANEL DISPLAY, AND DEVICE MANUFACTURING METHOD
2y 5m to grant Granted Apr 14, 2026
Patent 12601979
MULTI-COLUMN LARGE FIELD OF VIEW IMAGING PLATFORM
2y 5m to grant Granted Apr 14, 2026
Patent 12601984
METROLOGY METHOD AND APPARATUS
2y 5m to grant Granted Apr 14, 2026
Patent 12591180
SUBSTRATE PROCESSING APPARATUS AND SUBSTRATE PROCESSING METHOD
2y 5m to grant Granted Mar 31, 2026
Patent 12585182
OVERLAY CORRECTION FOR ADVANCED INTEGRATED-CIRCUIT DEVICES
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+9.0%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1449 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month