Prosecution Insights
Last updated: April 19, 2026
Application No. 18/832,213

DEVICE AND METHOD FOR MEASURING THICKNESS

Non-Final OA §102
Filed
Jul 23, 2024
Examiner
GUNBERG, EDWIN C
Art Unit
2884
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Actro Co. Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
84%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
481 granted / 618 resolved
+9.8% vs TC avg
Moderate +7% lift
Without
With
+6.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
22 currently pending
Career history
640
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
30.0%
-10.0% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 618 resolved cases

Office Action

§102
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 Objections Claims 2, 3, 4, 5, 7, 8, 10, and 11 are objected to because of the following informalities: a claim must be a single sentence fragment ending in a single period. See MPEP 608.01(m) Each of these claims has an improper period before their respective equations. Appropriate correction is required. 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) 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (2021/0180946). Regarding claim 1, Kim discloses a thickness measurement device for measuring a thickness of a second layer in a specimen including a first layer and the second layer stacked on the first layer so as to expose an edge of the first layer upwardly (Kim, Figs. 5, 7), the thickness measurement device comprising :a terahertz wave emitter emitting terahertz waves toward an edge of the second layer such that the first layer and the second layer are directly irradiated with the terahertz waves at the same time by single irradiation (Kim, emission unit 130, [0059], [0064], [0086]); a terahertz wave detector detecting, with reference to a reflected location of the terahertz waves, a first terahertz wave (Ri) reflected from a surface of the second layer, a second terahertz wave (R2) reflected from an exposed surface of the first layer, and a third terahertz wave (R3) reflected from an interface between the first layer and the second layer (Kim, [0086], [0087]); and a calculator calculating an index of refraction of the second layer based on a detection time difference (Ati) between a detection time of the first terahertz wave (Ri) and a detection time of the second terahertz wave (R2) and a detection time difference (At2) between the detection time of the first terahertz wave (Ri) and a detection time of the third terahertz wave (R3), and calculating the thickness of the second layer based on the calculated index of refraction of the second layer (Kim, [0098]). Regarding claim 2, Kim further discloses the thickness measurement apparatus according to claim 1, wherein the calculator calculates the index of refraction (ns) of the second layer through Equation 6.[Equation 6] where nair is an index of refraction of air. (Kim, equation 3 following [0147]; based on the physical processes occurring and because both equations represent the same physical variables and phenomenon they must be substantially equivalent) Regarding claim 3, Kim further discloses the detection time difference (Ati) between the detection time of the first terahertz wave (R1) and the detection time of the second terahertz wave (R2) is defined by Equation 1, and the detection 38 time difference (At2) between the detection time of the first terahertz wave (Ri) and the detection time of the third terahertz wave (R3) is defined by Equation 3; wherein EquationI is transformed into Equation 2, Equation 3 is transformed into Equation 4, Equation 2 and Equation 3 are transformed into Equation 5, and Equation 5 is transformed into Equation 6; and wherein the calculator calculates the thickness of the second layer through Equation 2or Equation 4. [Equation1][Equation 2][Equation 3][Equation 4][Equation 5]where C is the speed of light, and di and d2 are the thicknesses of the second layer, respectively. (Kim, numerous equations containing the same variables and physical processes, therefore algebraic identity must be assumed) Regarding claim 4, Kim further discloses the terahertz wave detector detects the terahertz waves reflected from each of M (positive integer greater than or equal to 1)x N (positive integer greater than or equal to 1) points set on the surface of 39 the second layer and the calculator calculates the thickness of the second layer at each point through Equation 7. [Equation 7] (Kim, [0099], the measurements may be taken repeatedly, and therefore at different positions, the mathematics necessarily following from the physical situation) Regarding claim 5, Kim further discloses when the terahertz wave emitter emits the terahertz waves at an incidence angle (0) of greater than 0 degrees and less than 90 degrees toward the edge of the second layer, the calculator calculates the thickness of the second layer through Equation 8 converted from Equation1, Equation 9 converted from Equation 2, Equation 10 converted from Equation 3, Equation 11 from Equation 4, and Equation 12 converted from Equation 5.[Equation 8][Equation 9] dc0.[Equation10][Equation l]su[Equation 12][Claim 6] A thickness measurement device for measuring a thickness of a second layer in a specimen including a first layer and the second layer stacked on the first layer,a terahertz wave emitter emitting two terahertz waves (Ii,I2) towards the second layer at different incidence angles on the second layer; a terahertz wave detector detecting, with reference to reflected locations of the two terahertz waves (It,12), two first terahertz waves (Ris, R2s) reflected from a surface of the second layer and two second terahertz waves (RIT, R2T) reflected from an interface between the first layer and the second layer; and a calculator calculating an index of refraction of the second layer based on a detection time difference (Ati) between a detection time of any one first terahertz wave (Ris) of the two first terahertz waves (Ris, R2s) reflected from the surface of the second layer and a detection time of any one second terahertz wave (RIT) of the two second terahertz waves (RIT,R2T) reflected from the interface between the first layer and the second layer, a detection time difference (At2) between a detection time of the other first terahertz wave (R2s) of the two first terahertz waves (Ris, R2s) reflected from the surface of the second layer and a detection time of the other second terahertz wave (R2T) of the two second terahertz waves (RrT, R2T) reflected from the interface between the first layer and the second layer, and the incidence angles (O1,02) of the two terahertz waves (I1,I2), and calculating the thickness of the second layer based on the calculated index of refraction of the second layer. (Kim, Fig. 10 showing intermediate angle excitation, [0113] indicating that the emission unit may be diagonal from the tray; the claimed mathematics appear to be similar to those above with trigonometric terms introduced to account for the angle, and are therefore necessarily part of the calculation when performing measurement with light at an angle) Regarding claim 7, Kim further discloses the calculator calculates the index of refraction (ns) of the second layer through Equation 17.[Equation 17]where nair is an index of refraction of air, C is the speed of light, Ot is an incidence angle of one terahertz wave (It) of the two terahertz waves (I I2)on the second layer, 62 is an incidence angle of the other terahertz wave (12) of the two terahertz waves (It,I2) on the second layer, and di and d2 are the thicknesses of the second layer, respectively. (Kim, equations 2-6 with trigonometric terms implied by angle of incidence, which would be understood to one of ordinary skill in the art) Regarding claim 8, Kim further discloses Equation 17 is derived through Equation 13 to Equation 16.[Equation 13][Equation 14] 722[Equation 15][Equation 16]where lI is a distance by which one terahertz wave (Ii) of the two terahertz waves (Ii,12) propagates into the second layer, la is a distance by which the other terahertz wave (12) of the two terahertz waves (Ii,12) propagates into the second layer, and ni and n2 are the indexes of refraction of the second layer, respectively. (Kim, equations containing equivalent variables and functionality, algebraic equivalence assumed) Regarding claim 9, Kim discloses thickness measurement device for measuring a thickness of a second layer in a specimen including a first layer and the second layer stacked on the first layer, the thickness measurement device comprising: a terahertz wave emitter emitting terahertz waves toward the second layer; a terahertz wave detector detecting, with reference to a reflected location of the 42 terahertz waves, a first terahertz wave (Ri) reflected from a surface of the second layer, a second terahertz wave (R2) reflected from an interface between the first layer and the second layer, and a third terahertz wave (R3) reflected from the interface through internal reflection within the second layer; and a calculator calculating an index of refraction of the second layer based on a detection time difference (Ati) between a detection time of the first terahertz wave (Ri) and a detection time of the second terahertz wave (R2), and signal intensities (Ii, I2,I3) of the first terahertz wave (Ri), the second terahertz wave (R2), and the third terahertz wave (R3), and calculating the thickness of the second layer based on the calculated index of refraction of the second layer. (Kim, figs. 5, 7, [0086]-[0090]) Regarding claim 10, Kim further discloses calculator calculates the index of refraction (ns) of the second layer through Equation 32 and the thickness (d) of the second layer through Equation 33.[Equation 32]1+ n-s=Xnair =-d [Equation 33] (Kim, equation 3; equations containing equivalent variables and functionality, algebraic equivalence assumed) Regarding claim 11, Kim further discloses when the terahertz wave emitter emits the terahertz wave at an incidence angle (0) of greater than 0 and less than 90 toward the second layer, the calculator calculates the thickness (d) of the second layer through Equation 37 converted from Equation 33.[Equation 37] (Kim, Fig. 11 showing intermediate angle excitation, [0113] indicating that the emission unit may be diagonal from the tray; the claimed mathematics appear to be similar to those above with trigonometric terms introduced to account for the angle, and are therefore necessarily part of the calculation when performing measurement with light at an angle) Regarding claims 12 through 14, claims 12-14 are rejected on the same grounds as their above corresponding apparatus claims as they have the same substantive limitations. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN C GUNBERG whose telephone number is (571)270-3107. The examiner can normally be reached Monday-Friday, 8:30AM-5:00PM. 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, Uzma Alam can be reached at 571-272-2995. 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. /EDWIN C GUNBERG/ Primary Examiner, Art Unit 2884
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Prosecution Timeline

Jul 23, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
84%
With Interview (+6.7%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 618 resolved cases by this examiner. Grant probability derived from career allow rate.

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