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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-12 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.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: Mirror(s) or Beam splitter(s) disclosed in paragraph 0018 and shown in Figure 6: The claim limitation is unclear because it fails to discloses the elements needed to make the second light or third light vertically coaxial with the first film and rear surface of the substrate. The claim discloses a first beam splitter for creating a second and third light beam wherein the second and third beams are vertically coaxially incident to a film surface and rear surface of the substrate, but fails to disclose any elements (mirror(s), beamsplitter(s) or optical fiber) to direct a second or third beam vertically incident to a surface. It is impossible for a single beam splitter to be able to direct two beams of light to illuminate a film surface and rear surface of the substrate from opposite directions making them coaxial. Applicant’s specification paragraph 0018 and Figure 6 show the use of multiple mirror(s) and beams splitter(s) so as that the beam paths of the second and third beam are coaxial. Therefore, the claim limitation fails to provide the essential elements to replicate applicant invention and correction is required. Dependent claims 2-12 are rejected because they depend on rejected claim 1.
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.
Claim(s) 1, 4, 7, 10-13, 17, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (8,879,055).
Claim 1
Suzuki et al. (8,879,055) discloses a measurement device (See Fig. 1), comprising: a first light source (Fig. 1, Ref. 1) configured to generate first light (Col. 9, lines 62-64); a first beam splitter (Fig. 1, Ref. 3) configured to split the first light into second light (a reflected illumination beam) and third light (a transmitted illumination beam)(Col. 9-10, lines 65-2); and a detector (Fig. 1, Ref. 17, 18) configured to receive signal light generated from a subject (Fig. 1, Ref. 10)(photomask) through irradiating the subject (Fig. 1, Ref. 10)(photomask) with the second light (a reflected illumination beam) and the third light (a transmitted illumination beam), wherein the first light (laser light source) has a wavelength transmittable through a substrate (Col. 10, lines 29-31; light transmitted through photomask; photomask includes a substrate with a film formed on the substrate Col. 1-2, lines 66-1), the second light (a reflected illumination beam) is vertically incident on a surface of a first film formed on the subject (Fig. 1, Ref. 10)(photomask “subject” includes a substrate with a film formed on the substrate Col. 1-2, lines 66-1), the third light (a transmitted illumination beam) is vertically incident on a rear surface of the substrate (Fig. 1, Ref. 10) to be coaxial with the second light (See Fig. 1, beams are on the same axis “coaxial”), a phase of transmitted light (a transmitted illumination beam) transmitted through the substrate (Fig. 1, Ref. 10) among the third light is opposite to a phase (Fig. 1, Ref. 5; ¼ wave plate changes the phase of light) of reflected light (a reflected illumination beam) generated by a part of the second light (a reflected illumination beam) being transmitted through the first film (photomask includes a substrate with a film formed on the substrate Col. 1-2, lines 66-1) and being reflected on a front surface of the substrate (Fig. 1, Ref. 10)(Col. 9-10, lines 60-21), and an intensity of the transmitted light is substantially equal to an intensity of the reflected light (Fig. 1, Ref. 6, ND filter can be adjust the intensity of a beam, therefore its capable of adjusting to match the transmitted illumination beam and a reflected illumination beam).
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Claim 4
Suzuki et al. (8,879,055) discloses a variable neutral density filter, wherein the variable neutral density filter (Fig. 1, Ref. 6; ND filter) is disposed in an optical path of either one of the second light (a reflected illumination beam) or the third light (a transmitted illumination beam).
Claim 7
Suzuki et al. (8,879,055) discloses a second beam splitter (Fig. 1, Ref. 13) provided on an optical path of the second light (a reflected illumination beam) between the first beam splitter (Fig. 1, Ref. 3) and the surface of the first film (Fig. 1, Ref. 10), wherein a first one of light split by the second beam splitter (Fig. 1, Ref. 13) is vertically incident on the surface of the first film (Fig. 1, Ref. 10; photomask includes a substrate with a film formed on the substrate Col. 1-2, lines 66-1).
Claim 10
Suzuki et al. (8,879,055) discloses a holder (Fig. 1, Ref. 9) configured to hold the subject (Fig. 1, Ref. 10) in a posture in which the second light (a reflected illumination beam) and the third light (a transmitted illumination beam) are coaxially and vertically incident on the subject (See Fig. 1; Fig. 1, Ref. 10); and a driver configured to move the holder (XY Stage) such that an irradiation region of the subject (Fig. 1, Ref. 10) with the second light (a reflected illumination beam) and the third light (a transmitted illumination beam) is moved while maintaining the posture (Col. 10, lines 26-30).
Claim 11
Suzuki et al. (8,879,055) discloses a controller (Fig. 1, Ref. 21) configured to calculate a front surface state of the subject (Fig. 1, Ref. 10) based on the signal light generated in a different irradiation region (Fig. 2B, Ref. Reflected Illumination beam) of the subject (Fig. 1, Ref. 10) by the driver moving the holder (The stage 9 is composed of an XY stage, and moves in a zigzag manner in a main scanning direction and a sub-scanning direction perpendicular to the main scanning direction; Col. 10, lines 22-43).
Claim 12
Suzuki et al. (8,879,055) discloses wherein a first number of times of light reflections is counted on an optical path after the first light (Fig. 1, Ref. 1; light from source) is generated from the first light source (Fig. 1, Ref. 1) until the reflected light (a reflected illumination beam) is generated and a second number of times of light reflections (a reflected illumination beam) is counted on an optical path after the first light is generated from the first light source (Fig. 1, Ref. 1) until the transmitted light (a transmitted illumination beam) is transmitted through the substrate (Fig. 1, Ref. 10), and wherein one of the first and second numbers is an even number, with the other of the first and second numbers being an odd number (The even number being reflection from Ref. 2, 3, 7, 13, 19 and the odd number from Ref. 13, 14, 16).
Claim 13
Suzuki et al. (8,879,055) discloses a measurement method, comprising: generating first light (Fig. 1, Ref. 1) having a wavelength transmittable through a substrate (Fig. 1, Ref. 10) (Col. 10, lines 29-31; light transmitted through photomask; photomask includes a substrate with a film formed on the substrate Col. 1-2, lines 66-1); splitting (Fig. 1, Ref. 3) the first light into second light (a reflected illumination beam) and third light (a transmitted illumination beam); causing the second light (a reflected illumination beam) to be vertically incident on a surface of a first film formed on the substrate (photomask includes a substrate with a film formed on the substrate Col. 1-2, lines 66-1); causing the third light (a transmitted illumination beam) to be vertically incident on a rear surface of the substrate (Fig. 1, Ref. 10) to be coaxial with the second light (a reflected illumination beam)(See Fig. 1); adjusting (Fig. 1, Ref. 5; ¼ wave plate changes the phase of light; Fig. 1, Ref. 6; ND filter) respective intensities and respective delay times of the second light (a reflected illumination beam) and the third light (a transmitted illumination beam), such that transmitted light transmitted through the substrate (Fig. 1, Ref. 10) among the third light (a transmitted illumination beam) and reflected light (a reflected illumination beam) generated by a part of the second light being transmitted through the first film and being reflected on a front surface of the substrate (photomask includes a substrate with a film formed on the substrate Col. 1-2, lines 66-1) have opposite phases to each other and a complementary intensity relationship (Fig. 1, Ref. 5; ¼ wave plate changes the phase of light); detecting signal (Fig.1, Ref. 17, 18) light generated from a subject (Fig.1, Ref. 10) including the first film through irradiating the subject (Fig. 1, Ref. 10) with the second light (a reflected illumination beam) and the third light (a transmitted illumination beam); and monitoring (Fig. 1, Ref. 21) the surface of the first film based on the signal light (Col. 10-11, lines 58-3).
Claim 17
Suzuki et al. (8,879,055) discloses wherein a first number of times of light reflections is counted on an optical path after the first light (Fig. 1, Ref. 1; light from source) is generated from the first light source (Fig. 1, Ref. 1) until the reflected light (a reflected illumination beam) is generated and a second number of times of light reflections (a reflected illumination beam) is counted on an optical path after the first light is generated from the first light source (Fig. 1, Ref. 1) until the transmitted light (a transmitted illumination beam) is transmitted through the substrate (Fig. 1, Ref. 10), and wherein one of the first and second numbers is an even number, with the other of the first and second numbers being an odd number (The even number being reflection from Ref. 2, 3, 7, 13, 19 and the odd number from Ref. 13, 14, 16).
Claim 19
Suzuki et al. (8,879,055) discloses an irradiation region of the subject (Fig. 1, Ref. 10) with the second light (a reflected illumination beam) and the third (a transmitted illumination beam) light is moved (Fig. 1, Ref. 9), and the signal light generated from the subject (Fig. 1, Ref. 10) is detected in each of irradiation regions (Fig. 2A, Ref. First illumination Area).
Claim 20
Suzuki et al. (8,879,055) discloses the signal light generated from the subject (Fig. 1, Ref. 10) is detected at each of a plurality of time points (the photomask is moved in an XY directions with each movement a time point) in a predetermined process with respect to the substrate (Fig. 1, Ref. 10).
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.
Claim(s) 2, 5, 6, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (8,879,055) in view of WO 2023/163018.
Claim 2, 14
Suzuki et al. (8,879,055) substantially teaches the claimed invention except that it does not show the first light is an optical frequency comb having a predetermined offset frequency with respect to zero on a frequency axis and a plurality of first frequency components arranged at intervals of an integer multiple of a first repetition frequency with respect to the offset frequency. WO 2023/163018 shows that it is known to provide the first light is an optical frequency comb having a predetermined offset frequency with respect to zero on a frequency axis and a plurality of first frequency components arranged at intervals of an integer multiple of a first repetition frequency with respect to the offset frequency (Page 3, Para. 7) for an optical measurement device. It would have been obvious to combine the device of Suzuki et al. (8,879,055) with the frequency comb of WO 2023/163018 before the effective filing date of the claimed invention for the purpose of providing measurements that can be taken instantly across a broad spectrum, therefore enabling rapid inspections and monitoring.
Claim 5
Suzuki et al. (8,879,055) substantially teaches the claimed invention except that it does not show a delay line configured to delay transmission of light, wherein the delay line is disposed in an optical path of either one of the second light or the third light. WO 2023/163018 shows that it is known to provide a delay line configured to delay transmission of light, wherein the delay line is disposed in an optical path of either one of the second light or the third light (Fig. 2, Ref. 230, Delay) for an optical measurement device. It would have been obvious to combine the device of Suzuki et al. (8,879,055) with the delay line of WO 2023/163018 before the effective filing date of the claimed invention for the purpose of providing to precisely match or scan the optical path length, therefore enabling high-speed axial scanning for real-time imaging.
Claim 6
Suzuki et al. (8,879,055) discloses the claimed invention except for the delay line includes a pair of total reflection prisms, with their reflection surfaces facing each other. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Suzuki et al. (8,879,055) and WO 2023/163018 with a pair of total reflection prisms since it was well known in the art that a pair of prisms allows for a longer path length, therefore magnifying the resolution of the measurement and allowing resolution in the sub-nanometer time resolution. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (8,879,055).
Claim 18
Suzuki et al. (8,879,055) discloses the claimed invention except for a refractive index of the substrate is greater than a refractive index of the first film. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Suzuki et al. (8,879,055) with a refractive index of the substrate is greater than a refractive index of the first film since it was well known in the art that it is to facilitate specific light interactions required for precise measurement, therefore improving the sensitivity and signal contrast. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Allowable Subject Matter
Claims 15-16 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the prior art fails to disclose or make obvious a second light source configured to generate fourth light, wherein the fourth light is an optical frequency comb having the offset frequency and a plurality of second frequency components arranged at intervals of an integer multiple of a second repetition frequency with respect to the offset frequency, the second repetition frequency is obtained by adding a beat frequency to the first repetition frequency, and the beat frequency is a radio frequency, and in combination with the other recited limitations of claim 1, 2.
Regarding claim 8, the prior art fails to disclose or make obvious a reference mirror, wherein a second one of the light split by the second beam splitter is vertically incident on the reference mirror, and in combination with the other recited limitations of claims 1, 7. Claim 9 would be allowed by the virtue of dependency on the allowable subject matter of claims 1, 7, 8.
Regarding claim 15, the prior art fails to disclose or make obvious a fourth light, which is an optical frequency comb having the offset frequency and a plurality of second frequency components arranged at intervals of an integer multiple of a second repetition frequency with respect to the offset frequency, to interfere with the transmitted light based on the first light, and in combination with the other recited limitations of claims 13, 14.
Regarding claim 16, the prior art fails to disclose or make obvious splitting the second light before the second light is incident on the surface of the first film, wherein one of split light is incident on the surface of the first film and the other of the split light is vertically incident on a reference mirror, and in combination with the other recited limitations of claim 13.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 March 13, 2026