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 .
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.
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Claims 1-3, 5-17 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12399067. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim scope of the pending application include subject matter are found anticipated by claims 1-20 of the US Patent No. 12399067 as presented below.
Instant Application 18784735
US Patent No. 12399067
1. A method of evaluating a temperature of a substrate, comprising: producing light signals, using a light emitting source, the light signals having transverse magnetic waves (TM) and transverse electric waves (TE); polarizing the light signals having the transverse waves and transverse electric waves, using a polarizer; propagating polarized light signals from the light emitting source toward the substrate; reflecting the polarized light signals at the substrate; receiving the reflected polarized light signals at a detector; receiving, at the detector, emission signals associated with at least one of a temperature or energy density of a surface of the substrate; and evaluating the temperature of the surface of the substrate using the reflected polarized light signals and the emission signals
1. A temperature evaluating system for a substrate, comprising: a light emitting source, which, in operation, produces light signals, the light signals having transverse magnetic waves and transverse electric waves; a polarizer, which, in operation, receives transverse magnetic waves and transverse electric waves from the light emitting source and transmits polarized light signals toward a surface of the substrate at a selected incident angle, wherein the polarized light signals include the transverse electric waves of the light signals, the selected incident angle with respect to the surface of the substrate being between about 10° to 80°; a detector, which, in operation: receives reflectivity signals that includes the transverse electric waves of the light signals reflected from the surface of the substrate; and receives emission signals emitted from the surface of the substrate, wherein the emission signals vary with at least one of a temperature or energy density of the surface of the substrate.
2. The method of claim 1, wherein evaluating the temperature of the surface of the substrate includes: calculating the temperature of the surface of the substrate based on the following equation:
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wherein T is the temperature of the substrate, A and B are a constant parameter, Ɛ is emissivity which equals 1-R%, R is an intensity of the reflected polarized light signals, and TRE is an intensity of the emission signals
4. The temperature evaluating system of claim 1, further comprising a processor, which, in operation, determines the temperature of the surface of the substrate based on the following equation:
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wherein T is the temperature of the substrate, A and B are a constant parameter, ϵ is emissivity which equals 1−R %, R is the reflectivity signals, and TRE is the emission signals.
3. The method of claim 1, wherein propagating polarized light signals toward the substrate includes: propagating the polarized light signals at an incident angle between about 10° to 80° with respect to the surface of the substrate.
1. A temperature evaluating system for a substrate, comprising: a light emitting source, which, in operation, produces light signals, the light signals having transverse magnetic waves and transverse electric waves; a polarizer, which, in operation, receives transverse magnetic waves and transverse electric waves from the light emitting source and transmits polarized light signals toward a surface of the substrate at a selected incident angle, wherein the polarized light signals include the transverse electric waves of the light signals, the selected incident angle with respect to the surface of the substrate being between about 10° to 80°; a detector, which, in operation: receives reflectivity signals that includes the transverse electric waves of the light signals reflected from the surface of the substrate; and receives emission signals emitted from the surface of the substrate, wherein the emission signals vary with at least one of a temperature or energy density of the surface of the substrate.
5. The method of claim 4, wherein the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm.
5. The temperature evaluating system of claim 4, wherein the detector is configured to receive a range of wavelengths of the emission signals that is between about 1500 nm (nanometer) to 1600 nm, and receive a range of wavelengths of the reflectivity signals that is between about 620 nm to 650 nm.
6. The method of claim 1, further comprising: moving the light emitting source and the detector with respect to the substrate using a first movable stage.
6. The temperature evaluating system of claim 1, further comprising: a first movable stage to which the light emitting source and the detector are mounted, the first movable stage being configured to move the light emitting source and the detector with at least two degrees of freedom.
7. The method of claim 6, wherein the light emitting source and the detector are connected to the first movable stage and the first movable stage has at least two degrees of freedom of movement.
6. The temperature evaluating system of claim 1, further comprising: a first movable stage to which the light emitting source and the detector are mounted, the first movable stage being configured to move the light emitting source and the detector with at least two degrees of freedom.
8. The method of claim 1, further comprising: supporting the substrate on a second movable stage; and moving the substrate with respect to the light emitting source and the detector.
7. The temperature evaluating system of claim 1, further comprising: a second movable stage for supporting the substrate, the second movable stage configured to move the substrate with at least two degrees of freedom.
9. The method of claim 8, wherein the second movable stage has at least two degrees of freedom of movement.
7. The temperature evaluating system of claim 1, further comprising: a second movable stage for supporting the substrate, the second movable stage configured to move the substrate with at least two degrees of freedom.
10. A method comprising: producing light signals, using a light emitting source, the light signals having transverse magnetic waves and transverse electric waves; receiving the light signals at a polarizer; polarizing the received light signals, using the polarizer; transmitting polarized light signals toward a substrate, the polarized light signals including the transverse electric waves of the light signals; receiving, using a detector, reflectivity signals that includes the transverse electric waves of the light signals reflected from a surface of the substrate; and receiving, using the detector, emission signals emitted from the surface of the substrate, the emission signals being representative of at least one of a temperature or energy density of the surface of the substrate.
8. A temperature measuring apparatus for a substrate, comprising: a light emitting source, which, in operation, produces light signals, the light signals having transverse magnetic waves and transverse electric waves; a polarizer configured to receive the light signals including the transverse magnetic waves and the transverse electric waves from the light emitting source, polarize the received light signals and transmit polarized light signals toward a substrate, wherein the polarized light signals include the transverse electric waves of the light signals; a detector, which, in operation: receives reflectivity signals that includes the transverse electric waves of the light signals reflected from a surface of the substrate, and receives emission signals emitted from the surface of the substrate, wherein the emission signals are representative of at least one of a temperature or energy density of the surface of the substrate; a first movable stage having thereon mounted the light emitting source and the detector, the first movable stage configured to move the light emitting source and the detector; and a processor configured to process the emission signals and the reflectivity signals, wherein the processor evaluates the temperature of the surface of the substrate based on the following equation:
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wherein T is the temperature of the substrate, A and B are a constant parameter, ϵ is emissivity which equals 1−R %, R is the reflectivity signals, and TRE is the emission signals.
11. The method of claim 10, further comprising: moving, using a first movable stage, the light emitting source and the detector mounted on the first movable stage.
10. The temperature measuring apparatus of claim 8, wherein the first movable stage is configured to move the light emitting source and the detector with either two degrees of freedom or three degrees of freedom.
12. The method of claim 11, further comprising: processing, using a processor, the emission signals and the reflectivity signals to evaluate the temperature of the surface of the substrate.
8. A temperature measuring apparatus for a substrate, comprising: a light emitting source, which, in operation, produces light signals, the light signals having transverse magnetic waves and transverse electric waves; a polarizer configured to receive the light signals including the transverse magnetic waves and the transverse electric waves from the light emitting source, polarize the received light signals and transmit polarized light signals toward a substrate, wherein the polarized light signals include the transverse electric waves of the light signals; a detector, which, in operation: receives reflectivity signals that includes the transverse electric waves of the light signals reflected from a surface of the substrate, and receives emission signals emitted from the surface of the substrate, wherein the emission signals are representative of at least one of a temperature or energy density of the surface of the substrate; a first movable stage having thereon mounted the light emitting source and the detector, the first movable stage configured to move the light emitting source and the detector; and a processor configured to process the emission signals and the reflectivity signals, wherein the processor evaluates the temperature of the surface of the substrate based on the following equation:
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96
226
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wherein T is the temperature of the substrate, A and B are a constant parameter, ϵ is emissivity which equals 1−R %, R is the reflectivity signals, and TRE is the emission signals.
9. The temperature measuring apparatus of claim
8, wherein the processor is further configured to evaluate the temperature of the surface of the substrate.
13. The method of claim 12, further comprising: processing, using the processor, the emission signals and the reflectivity signals to evaluate the temperature of the surface of the substrate.
8. A temperature measuring apparatus for a substrate, comprising: a light emitting source, which, in operation, produces light signals, the light signals having transverse magnetic waves and transverse electric waves; a polarizer configured to receive the light signals including the transverse magnetic waves and the transverse electric waves from the light emitting source, polarize the received light signals and transmit polarized light signals toward a substrate, wherein the polarized light signals include the transverse electric waves of the light signals; a detector, which, in operation: receives reflectivity signals that includes the transverse electric waves of the light signals reflected from a surface of the substrate, and receives emission signals emitted from the surface of the substrate, wherein the emission signals are representative of at least one of a temperature or energy density of the surface of the substrate; a first movable stage having thereon mounted the light emitting source and the detector, the first movable stage configured to move the light emitting source and the detector; and a processor configured to process the emission signals and the reflectivity signals, wherein the processor evaluates the temperature of the surface of the substrate based on the following equation:
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96
226
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wherein T is the temperature of the substrate, A and B are a constant parameter, ϵ is emissivity which equals 1−R %, R is the reflectivity signals, and TRE is the emission signals.
9. The temperature measuring apparatus of claim
8, wherein the processor is further configured to evaluate the temperature of the surface of the substrate.
14. The method of claim 13, further comprising: evaluating, using the processor, the temperature of the surface of the substrate based on the following equation:
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wherein T is the temperature of the substrate, A and B are a constant parameter, Ɛ is emissivity which equals 1-R%, R is an intensity of the reflected polarized light signals, and TRE is an intensity of the emission signals
8. A temperature measuring apparatus for a substrate, comprising: a light emitting source, which, in operation, produces light signals, the light signals having transverse magnetic waves and transverse electric waves; a polarizer configured to receive the light signals including the transverse magnetic waves and the transverse electric waves from the light emitting source, polarize the received light signals and transmit polarized light signals toward a substrate, wherein the polarized light signals include the transverse electric waves of the light signals; a detector, which, in operation: receives reflectivity signals that includes the transverse electric waves of the light signals reflected from a surface of the substrate, and receives emission signals emitted from the surface of the substrate, wherein the emission signals are representative of at least one of a temperature or energy density of the surface of the substrate; a first movable stage having thereon mounted the light emitting source and the detector, the first movable stage configured to move the light emitting source and the detector; and a processor configured to process the emission signals and the reflectivity signals, wherein the processor evaluates the temperature of the surface of the substrate based on the following equation:
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126
298
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wherein T is the temperature of the substrate, A and B are a constant parameter, ϵ is emissivity which equals 1−R %, R is the reflectivity signals, and TRE is the emission signals.
15. The method of claim 11, wherein moving, using a first movable stage, the light emitting source and the detector mounted on the first movable stage includes: moving the light emitting source and the detector with either two degrees of freedom or three degrees of freedom.
10. The temperature measuring apparatus of claim 8, wherein the first movable stage is configured to move the light emitting source and the detector with either two degrees of freedom or three degrees of freedom.
16. The method of claim 14, further comprising: moving, using a second movable stage for supporting the substrate, the substrate in a first direction and in a second direction that is transverse to the first direction.
11. The temperature measuring apparatus of claim 8, further comprising a second movable stage for supporting the substrate, the second movable stage configured to move the substrate and wherein the second movable stage is configured to move the substrate in a first direction and in a second direction that is transverse to the first direction.
17. A method comprising: producing, using a light emitting source, light signals, the light signals having transverse magnetic waves (TM) and transverse electric waves (TE); polarizing, using a polarizer, the light signals having the transverse waves and transverse electric waves; receiving, using a detector, the polarized light signals reflected from a substrate, the reflected polarized light signals being reflected at a surface of the substrate; receiving, using the detector, emission signals associated with at least one of a temperature or energy density of the surface of the substrate; and evaluating, using one or more processors, the temperature of the surface of the substrate using the reflected polarized light signals and the emission signals, wherein receiving emission signals associated with at least one of a temperature or energy density of the surface of the substrate includes: receiving a range of wavelengths of the emission signals that is broader than a range of wavelengths of the reflected polarized light signals.
12. A temperature evaluating system, comprising: a light emitting source configured to produce light signals, the light signals having transverse magnetic waves (TM) and transverse electric waves (TE); a polarizer configured to polarize the light signals having the transverse waves and transverse electric waves; a detector configured to: receive the polarized light signals reflected from a substrate, the reflected polarized light signals being reflected at a surface of the substrate; receive emission signals associated with at least one of a temperature or energy density of the surface of the substrate; and one or more processors operatively coupled to the detector, the one or more processors configured to evaluate the temperature of the surface of the substrate using the reflected polarized light signals and the emission signals, wherein the light emitting source is positioned such that the light signals after being polarized by the polarizer is at an incident angle between about 10° to 80° with respect to the surface of the substrate.
14. The temperature evaluating system of claim 12, wherein receiving emission signals associated with at least one of a temperature or energy density of the substrate includes, receiving a range of wavelengths of the emission signals that is broader than a range of wavelengths of the reflected polarized light signals.
19. The method of claim 17, wherein the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm.
15. The temperature evaluating system of claim 14, wherein the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm.
20. The method of claim 17, further comprising: moving, using a first movable stage, the light emitting source and the detector with respect to the substrate; and moving, using a second movable stage configured to support the substrate thereon, the substrate with respect to the light emitting source and the detector, wherein the light emitting source and the detector are connected to the first movable stage and the first movable stage has at least two degrees of freedom of movement, and wherein the second movable stage has at least two degrees of freedom of movement.
16. The temperature evaluating system of claim 12, further comprising: a first movable stage configured to move the light emitting source and the detector with respect to the substrate, wherein the light emitting source and the detector are connected to the first movable stage and the first movable stage has at least two degrees of freedom of movement.
17. The temperature evaluating system of claim 12, further comprising: a second movable stage configured to support the substrate thereon, the second movable stage further configured to move the substrate with respect to the light emitting source and the detector, wherein the second movable stage has at least two degrees of freedom of movement.
Claims 4 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 12 and 14 of U.S. Patent No. 12399067 in view of Melman (US 2006/0215165) (hereinafter Melman).
Instant Application 18784735
US Patent No. 12399067
Claim 4. The method of claim 1, wherein receiving emission signals associated with at least one of a temperature or energy density of the surface of the substrate includes, receiving a range of wavelengths of the emission signals that is broader than a range of wavelengths of the reflected polarized light signals.
Claim 1 of US Patent No. 12399067 teaches all the limitations of claim 1 of Instant Application 18784735.
However, US Patent No. 12399067 does not explicitly teach wherein receiving emission signals associated with at least one of a temperature or energy density of the surface of the substrate includes, receiving a range of wavelengths of the emission signals that is broader than a range of wavelengths of the reflected polarized light signals.
Melman teaches receiving emission signals associated with at least one of a temperature or energy density of the surface of the substrate includes, receiving a range of wavelengths of the emission signals that is broader than a range of wavelengths of the reflected polarized light signals (see paragraph 0035).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught US Patent No. 12399067 with receiving emission signals associated with at least one of a temperature or energy density of the surface of the substrate includes, receiving a range of wavelengths of the emission signals that is broader than a range of wavelengths of the reflected polarized light signals as taught by Melman. One would have been motivated to make this combination in order to optimize the range of wavelengths of emission and reflected signals in order to provide sensitive measurement matching a selected substrate (see Melman; paragraph 0003).
18. The method of claim 17, wherein the light emitting source is positioned such that the light signals after being polarized by the polarizer is at an incident angle between about 10° to 80° with respect to the surface of the substrate
Claims 12 and 14 of US Patent No. 12399067 teaches all the limitations of claim 17 of Instant Application 18784735.
However, US Patent No. 12399067 does not explicitly teach the light emitting source is positioned such that the light signals after being polarized by the polarizer is at an incident angle between about 10° to 80° with respect to the surface of the substrate,
Melman teaches propagating polarized light signals toward the substrate includes: propagating the polarized light signals at an incident angle between about 10° to 80° (20 °) with respect to the surface of the substrate (see paragraph 0031).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the system as taught US Patent No. 12399067 with propagating the polarized light signals at an incident angle between about 10° to 80° (20 °) with respect to the surface of the substrate as taught by Melman. One would have been motivated to make this combination in order to separates the two polarization states into two beams TM, TE propagating at an angle with respect to each other (see Melman; paragraph 0003).
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.
Claims 1, 3-4, 10 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Melman (US 2006/0215165) (hereinafter Melman).
Regarding claim 1, Melman teaches a method of evaluating a temperature of a substrate, comprising: producing light signals, using a light emitting source (laser diode 315 with beam 220) (see paragraph 0026), the light signals having transverse magnetic waves (TM) and transverse electric waves (TE) (see paragraph 0022); polarizing the light signals having the transverse waves and transverse electric waves, using a polarizer (“ the laser diode 315 and the half wave late operate together to form a source of both TE and TM polarized light”; see paragraph 0030) (see paragraphs 0028 and 0030); propagating polarized light signals from the light emitting source toward the substrate (see paragraphs 0009, 0027-0028 and 0031); reflecting the polarized light signals at the substrate; receiving the reflected polarized light signals at a detector (detector) (380); receiving, at the detector (detector) (380), emission signals associated with at least one of a temperature or energy density of a surface of the substrate; and evaluating the temperature of the surface of the substrate using the reflected polarized light signals and the emission signals (see paragraphs 0033, 0038 and 0041) .
Regarding claim 3, Melman further teaches propagating polarized light signals toward the substrate includes: propagating the polarized light signals at an incident angle between about 10° to 80° (20 °) with respect to the surface of the substrate (see paragraph 0031).
Regarding claim 4, Melman further teaches receiving emission signals associated with at least one of a temperature or energy density of the surface of the substrate includes, receiving a range of wavelengths of the emission signals that is broader than a range of wavelengths of the reflected polarized light signals (see paragraph 0035).
Regarding claim 10, Melman teaches a method comprising: producing light signals, using a light emitting source (laser diode 315 with beam 220) (see paragraph 0026), the light signals having transverse magnetic waves and transverse electric waves (see paragraph 0022); receiving the light signals at a polarizer; polarizing the received light signals, using the polarizer (“the laser diode 315 and the half wave late operate together to form a source of both TE and TM polarized light”; see paragraph 0030) (see paragraphs 0028 and 0030); transmitting polarized light signals toward a substrate, the polarized light signals including the transverse electric waves of the light signals (see paragraphs 0009, 0027-0028 and 0031 and Figure 3); receiving, using a detector (detector) (380), reflectivity signals that includes the transverse electric waves of the light signals reflected from a surface of the substrate; and receiving, using the detector (detector) (380), emission signals emitted from the surface of the substrate, the emission signals being representative of at least one of a temperature or energy density of the surface of the substrate (see paragraphs 0033, 0038 and 0041).
Regarding claim 17, Melman teaches a method comprising: producing, using a light emitting source (laser diode 315 with beam 220), light signals (see paragraph 0026), the light signals having transverse magnetic waves (TM) and transverse electric waves (TE) (see paragraph 0022); polarizing, using a polarizer, the light signals having the transverse waves and transverse electric waves (“the laser diode 315 and the half wave late operate together to form a source of both TE and TM polarized light”; see paragraph 0030) (see paragraphs 0028 and 0030); receiving, using a detector (detector) (380), the polarized light signals reflected from a substrate, the reflected polarized light signals being reflected at a surface of the substrate; receiving, using the detector, emission signals associated with a temperature of the surface of the substrate see paragraphs 0033, 0038 and 0041); and evaluating, using one or more processors (controller) (395), the temperature of the surface of the substrate using the reflected polarized light signals and the emission signals (see paragraph 0032), wherein receiving emission signals associated with at least one of a temperature of the surface of the substrate includes: receiving a range of wavelengths of the emission signals that is broader than a range of wavelengths of the reflected polarized light signals (see paragraph 0035).
Regarding claim 18, Melman further teaches the light emitting source is positioned such that the light signals after being polarized by the polarizer is at an incident angle between about 10° to 80° (20 °) with respect to the surface of the substrate (see paragraph 0031).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Melman.
Regarding claim 5, Melman teaches all the limitations of claim 4, and further teaches changing the radiation wavelength to achieve the desires energy transfer (see paragraph 0003).
However, Melman does not explicitly teach the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm.
Although, Melman does not explicitly teach the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235. One would have been motivated to optimize the range of wavelengths of emission and reflected signals in order to provide sensitive measurement matching a selected substrate (see Melman; paragraph 0003).
Regarding claim 19, Melman teaches all the limitations of claim 17, and further teaches changing the radiation wavelength to achieve the desires energy transfer (see paragraph 0003).
However, Melman does not explicitly teach the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm.
Although, Melman does not explicitly teach the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the range of wavelengths of the emission signals is between about 1500 nm to 1600 nm and the range of wavelengths of the reflected polarized light signals is between about 620 nm to 650 nm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235. One would have been motivated to optimize the range of wavelengths of emission and reflected signals in order to provide sensitive measurement matching a selected substrate (see Melman; paragraph 0003).
Claims 6-9, 11-13, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Melman in view of Nikoonahad et al. (US 2002/0093648) (hereinafter Nikoonahad).
Regarding claim 6, Melman teaches all the limitations of claim 1.
However, Melman does not explicitly teach moving the light emitting source and the detector with respect to the substrate using a first movable stage.
Nikoonahad teaches moving the light emitting source and the detector (measurement device) with respect to the substrate (specimen/substrate) using a first movable stage (“the measurement device may be configured to move with respect to the stage”; see paragraph 0162) (see paragraphs 0011, 0088, 0123 and 0162).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the method as taught by Melman with moving the light emitting source and the detector with respect to the substrate using a first movable stage as taught by Nikoonahad. One would be motivated to make this combination in order to precisely control and alter the measurement or inspection location of the substrate/specimen; to alter the distance between the substrate/specimen and a measurement device to focus a beam of energy from an energy source of the measurement device on the surface of the substrate/specimen. Additionally, it allows to detect energy propagating along multiple paths from the front and back sides of the substrate/specimen.
Regarding claim 7, Melman in view of Nikoonahad teaches all the limitations of claim 6 and further teaches the light emitting source and the detector (measurement device) are connected to the first movable stage and the first movable stage has at least two degrees of freedom of movement (see Nikoonahad ; paragraphs 0162, 0165, 0189).
Regarding claim 8, Melman teaches all the limitations of claim 1.
However, Melman does not explicitly teach supporting the substrate on a second movable stage; and moving the substrate with respect to the light emitting source and the detector.
Nikoonahad teaches supporting the substrate on a second movable stage (stage); and moving the substrate with respect to the light emitting source and the detector (measurement device) (26) (see paragraphs 0160, 0162-0163 and 0165).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the method as taught by Melman with supporting the substrate on a second movable stage; and moving the substrate with respect to the light emitting source and the detector as taught by Nikoonahad. One would be motivated to make this combination in order to precisely control and alter the measurement or inspection location of the substrate/specimen; to alter the distance between the substrate/specimen and a measurement device to focus a beam of energy from an energy source of the measurement device on the surface of the substrate/specimen. Additionally, it allows to detect energy propagating along multiple paths from the front and back sides of the substrate/specimen.
Regarding claim 9, Melman in view of Nikoonahad teaches all the limitations of claim 8 and further teaches the second movable stage (stage) has at least two degrees of freedom of movement (see Nikoonahad ; paragraphs 0162 and 0165).
Regarding claim 11, Melman teaches all the limitations of claim 10.
However, Melman does not explicitly teach moving, using a first movable stage, the light emitting source and the detector mounted on the first movable stage.
Nikoonahad teaches moving, using a first movable stage, the light emitting source and the detector (measurement device) mounted on the first movable stage (“the measurement device may be configured to move with respect to the stage”; see paragraph 0162) (see paragraphs 0011, 0088, 0123 and 0162).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the method as taught by Melman with moving, using a first movable stage, the light emitting source and the detector mounted on the first movable stage as taught by Nikoonahad. One would be motivated to make this combination in order to precisely control and alter the measurement or inspection location of the substrate/specimen; to alter the distance between the substrate/specimen and a measurement device to focus a beam of energy from an energy source of the measurement device on the surface of the substrate/specimen. Additionally, it allows to detect energy propagating along multiple paths from the front and back sides of the substrate/specimen.
Regarding claim 12, the prior combination teaches all the limitations of claim 11, Melman further teaches processing, using a processor (controller) (395), the emission signals and the reflectivity signals to evaluate the temperature of the surface of the substrate (see paragraph 0032).
Regarding claim 13, the prior combination teaches all the limitations of claim 12, Melman further teaches processing, using the processor (controller) (395), the emission signals and the reflectivity signals to evaluate the temperature of the surface of the substrate (see paragraph 0032).
Regarding claim 15, Melman in view of Nikoonahad teaches all the limitations of claim 11 and further teaches moving, using a first movable stage, the light emitting source and the detector mounted on the first movable stage includes: moving the light emitting source and the detector (measurement device) with two degrees of freedom (see Nikoonahad ; paragraphs 0162, 0165, 0189).
Regarding claim 20, Melman teaches all the limitations of claim 17.
However, Melman does not explicitly teach moving, using a first movable stage, the light emitting source and the detector with respect to the substrate; and moving, using a second movable stage configured to support the substrate thereon, the substrate with respect to the light emitting source and the detector, wherein the light emitting source and the detector are connected to the first movable stage and the first movable stage has at least two degrees of freedom of movement, and wherein the second movable stage has at least two degrees of freedom of movement.
Nikoonahad teaches moving, using a first movable stage, the light emitting source and the detector (measurement device) with respect to the substrate (specimen/substrate) (“the measurement device may be configured to move with respect to the stage”; see paragraph 0162) (see paragraphs 0011, 0088, 0123 and 0162); and moving, using a second movable stage (stage) configured to support the substrate (specimen/substrate) thereon, the substrate (specimen/substrate) with respect to the light emitting source and the detector (measurement device), wherein the light emitting source and the detector (measurement device) are connected to the first movable stage and the first movable stage has at least two degrees of freedom of movement, and wherein the second movable stage has at least two degrees of freedom of movement (see paragraphs 0162, 0165, 0189).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the method as taught by Melman with moving, using a first movable stage, the light emitting source and the detector with respect to the substrate; and moving, using a second movable stage configured to support the substrate thereon, the substrate with respect to the light emitting source and the detector, wherein the light emitting source and the detector are connected to the first movable stage and the first movable stage has at least two degrees of freedom of movement, and wherein the second movable stage has at least two degrees of freedom of movement as taught by Nikoonahad . One would be motivated to make this combination in order to precisely control and alter the measurement or inspection location of the substrate/specimen; to alter the distance between the substrate/specimen and a measurement device to focus a beam of energy from an energy source of the measurement device on the surface of the substrate/specimen. Additionally, it allows to detect energy propagating along multiple paths from the front and back sides of the substrate/specimen.
Allowable Subject Matter
Claims 2 and 14-16 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.
Regarding claim 2, the closest prior art Melman and Nikoonahad alone or in combination fails to teach or render obvious the specific limitation of wherein evaluating the temperature of the surface of the substrate includes: calculating the temperature of the surface based on the following equation:
PNG
media_image1.png
126
298
media_image1.png
Greyscale
wherein T is the temperature of the substrate, A and B are a constant parameter, Ɛ is emissivity which equals 1-R%, R is an intensity of the reflected polarized light signals, and TRE is an intensity of the emission signals.
Regarding claim 14, the closest prior art Melman and Nikoonahad alone or in combination fails to teach or render obvious the specific limitation of wherein evaluating the temperature of the surface of the substrate includes: calculating the temperature of the surface based on the following equation:
PNG
media_image1.png
126
298
media_image1.png
Greyscale
wherein T is the temperature of the substrate, A and B are a constant parameter, Ɛ is emissivity which equals 1-R%, R is an intensity of the reflected polarized light signals, and TRE is an intensity of the emission signals.
Claim 15 depends on claim 14, therefore the claim would be allowable at least for the same reasons as to claim 14.
Conclusion
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/JANICE M SOTO/ Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855
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