Prosecution Insights
Last updated: April 19, 2026
Application No. 18/843,936

METHOD FOR DETERMINING A SPATIAL DISTRIBUTION OF A PARAMETER OF INTEREST OVER AT LEAST ONE SUBSTRATE OR PORTION THEREOF

Non-Final OA §101§102
Filed
Sep 04, 2024
Examiner
ASFAW, MESFIN T
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Netherlands B.V.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
794 granted / 961 resolved
+14.6% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
33 currently pending
Career history
994
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
38.4%
-1.6% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 961 resolved cases

Office Action

§101 §102
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 . The amendment filed on September 04, 2024 has been entered. Claims 1-11 and 13-21 are pending in this application. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-11 and 13-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more Regarding claims 1, 13 and 20, the claimed invention is directed to a process steps of a method/ a non-transient computer program carrier for obtaining a statistical description describing an expected fingerprint component of the spatial distribution and a noise component describing an expected level of measurement noise associated with the parameter of interest; obtaining metrology data related to the parameter of interest; and inferring, by a hardware computer via Bayesian inference, the spatial distribution of the parameter of interest over the at least one substrate or portion thereof, using the statistical description as a prior and the metrology data as an observation. This judicial exception is not integrated into a practical application because the generically recited computer element do not add a meaningful limitation to abstract idea as they amount to simply implementing abstract idea on a generic computer. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because it appears that the claimed steps are implemented by a generic computer processor for implementing of mental process on a computer. Regarding dependent claims 2-11, 14-19 and 21 fail to cure the deficiency (as set forth above) and are rejected accordingly. Claims 2-11, 14-19 and 21 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to particular technological environment. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-11 and 13-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ypma et al. [US 20180253015 A1, hereafter Ypma]. As per Claims 1, 13 and 20, Ypma teaches a method for determining a spatial distribution of a parameter of interest over at least one substrate or portion thereof, the at least one substrate having been subject to a semiconductor manufacturing process (Para 106), the method comprising: obtaining a statistical description describing an expected fingerprint component of the spatial distribution and a noise component describing an expected level of measurement noise associated with the parameter of interest (Para 119-120, the apparatus applies automated statistical techniques, and/or facilitates use of manual observation and selection); obtaining metrology data related to the parameter of interest (Para 120-121); and inferring, by a hardware computer via Bayesian inference, the spatial distribution of the parameter of interest over the at least one substrate or portion thereof, using the statistical description as a prior and the metrology data as an observation (Para 150, a probabilistic analysis, for example using a Bayesian network). As per Claim 2, Ypma teaches the method as claimed in claim 1, wherein the parameter of interest is a parameter associated with the semiconductor manufacturing process (Para 9). As per Claim 3, Ypma teaches the method as claimed in claim 1, wherein the expected fingerprint component comprises a plurality of shape components of the spatial distribution of the parameter of interest (Para 97-98). As per Claim 4, Ypma teaches the method as claimed in claim 3, wherein the inferring comprises simultaneously fitting each shape component out of the plurality of shape components to the metrology data (Para 162). As per Claim 5, Ypma teaches the method as claimed in claim 1, wherein the metrology data comprises a plurality of metrology datasets, each metrology dataset relating to a respective substrate of a plurality of substrates, and the inferring comprises fitting the expected fingerprint component to each metrology dataset simultaneously (Para 112, wherein component vectors may be expected to have a fairly direct relationship with physical effects in the manufacturing process). As per Claims 6 and 16, Ypma teaches the method as claimed in claim 3, wherein some or each shape component out of the plurality of shape components are expected to be smooth according to the statistical description (Para 198, wherein spatial and/or temporal smoothing may be applied to reduce noise in the measurements). As per Claims 7 and 17, Ypma teaches the method as claimed in claim 3, wherein some or each shape component out of the plurality of shape component is expected to have a low bending energy, divergence or curl (Para 116, wherein the drawing indicates a Gaussian distribution curve that has been fitted to the data). As per Claims 8 and 18, Ypma teaches the method as claimed in claim 3, wherein the inferring comprises fitting one or more shape components out of the plurality of shape components to the metrology data so as to minimize bending energy, divergence or curl for each shape component expected to be smooth (Para 116, wherein the drawing indicates a Gaussian distribution curve that has been fitted to the data). As per Claims 9 and 19, Ypma teaches the method according to claim 3, wherein the inferring comprises fitting one or more shape components out of the plurality of shape components to the metrology data such that the expected level of measurement noise is minimized (Para 116). As per Claim 10, Ypma teaches the method as claimed in claim 3, wherein the semiconductor manufacturing process is a lithographic process and the plurality of shape components comprise one or more selected from: an interfield shape, an intrafield shape, a slit fingerprint, a scan-up scan-down shape, a step-left step-right shape, an edge roll-off shape that depends only on radius and/or a shape per exposure field (Para 113). As per Claim 11, Ypma teaches the method as claimed in claim 1, wherein the metrology data comprises a set of measurements of a parameter other than the parameter of interest and/or relating to a domain other than that of the parameter of interest (Para 83). As per Claims 14 and 15, Ypma teaches a processing arrangement comprising: the computer program carrier of claim 13; and a processor operable to run the computer program. As per Claim 21, Ypma teaches a non-transient computer program carrier comprising a computer program therein, the computer program, when executed by a computer system, configured to cause the computer system to at least perform the method of claim 20 (Para 210). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MESFIN ASFAW whose telephone number is (571)270-5247. The examiner can normally be reached Monday - Friday 8 am - 4 pm. 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 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. /MESFIN T ASFAW/ Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Sep 04, 2024
Application Filed
Mar 15, 2026
Non-Final Rejection — §101, §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
83%
Grant Probability
97%
With Interview (+14.2%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 961 resolved cases by this examiner. Grant probability derived from career allow rate.

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