DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Amendment
2. The amendment filed on 05/21/2026 has been entered into this application.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 16-20 and 24-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Pub. No. 20200174425 A1 by Georges, III (hereinafter Georges).
Regarding Claim 16, Georges teaches a method for determining a vertical position offset of a structure on a substrate with respect to a nominal vertical position (Fig. 1, 5-6, 10-12, Par. [0004, 0027-0032, 0044-0057, 0062-0072]), comprising:
obtaining complex field data relating to scattered radiation from the structure, for a plurality of different wavelengths (Par. [0031, 0062]);
determining variation in a phase parameter with wavelength from the complex field data (Par. [0027]); and
determining the vertical position with respect to a nominal vertical position from the determined variation in phase with wavelength (Par. [0027, 0069]).
Regarding Claim 17, Georges teaches the complex field data relates to interference of object radiation scattered by the structure and reference radiation at a detection plane, for each of the plurality of wavelengths (Fig. 5, Abstract, Par. [0006, 0008, 0049]).
Regarding Claim 18, Georges teaches the phase parameter comprises a phase difference between the object radiation and reference radiation at the detection plane (Fig. 5, Abstract, Par. [0006, 0008, 0027, 0046, 0049]).
Regarding Claim 19, Georges teaches the nominal vertical position comprises a vertical position for a zero optical path length difference at the detection plane (Fig. 5 @ 550, illustrates zero optical path length difference at the detection plane) between the object radiation (Fig. 5 @ 545) and the reference radiation (Fig. 5 @ 525).
Regarding Claim 20, Georges teaches determining the vertical position offset comprises determining the vertical position from the variation in phase parameter with wavelength (See Claim 16 rejection), the angle of incidence of measurement radiation on the target to obtain the object radiation (Fig. 1 @ 132, Fig. 5 @ 532, Par. [0033, 0036, 0048, 0069]), or the structure pitch and an average or central wavelength of the plurality of wavelengths used to measure the structure (Fig. 6 @ 634, Par. [0055]).
Regarding Claim 24, Georges teaches performing a measurement of the structure using a plurality of wavelengths to obtain the complex field data (Par. [0031, 0062]. Also see claim 16 rejection).
Regarding Claim 25, Georges teaches the measurement is a holographic measurement (Abstract, Par. [0004-0005]).
Regarding Claim 26, Georges teaches performing a phase-retrieval method or shear interferometry to obtain the complex field data (Fig. 4, Par. [0027-0029, 0044]).
Regarding Claim 27, Georges teaches a computer program comprising instructions for a processor that cause the processor and an apparatus associated with the processor to perform the method of claim 16 (Fig. 6 @ 654, 656, 658, Par. [0057, 0080]).
Regarding Claim 28, Georges teaches a processing device and associated program storage, the program storage comprising instructions for the processing device that cause the processing device and an apparatus associated with the processing device to perform the method of claim 16 (Fig. 6 @ 654, 656, 658, Par. [0057, 0080]).
Regarding Claim 29, Georges teaches a metrology (Par. [0004]) apparatus that determines a characteristic of interest of a target, the metrology apparatus comprising a processing device and associated program storage, the program storage comprising instructions for the processing device that cause the processing device and the metrology apparatus to perform the method of claim 16 (Fig. 6 @ 654, 656, 658, Par. [0057, 0080]).
Regarding Claim 30, Georges teaches a lithographic apparatus (inherently teaches because Metrology is the science of measurement. It ensures that the patterns created by lithography (and other steps) are the correct size, shape, and alignment) comprising a metrology (Par. [0004]) apparatus of claim 29 (See Claim 29 rejection).
1.-15. (Cancelled)
Allowable Subject Matter
5. Claims 21-23 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.
Response to Arguments
6. Applicant’s arguments filed on 05/21/2026 with respect to claims 16-20 and 24-30 have been fully considered but they are not persuasive.
6.1 A. Applicant’s argument regarding Georges fails to disclose a Nominal Vertical Position, specially, claim 19 is not persuasive (Argument, Page 8-9).
Georges teaches the reference beam Fig. 5 @ 525 and the imaging beam Fig. 5 @ 545 are in the same image plane (Image Recording) Fig. 5 @ 550, therefore, teaches a zero optical path length difference at the detection plane (Also see Claim 19 rejection, Final OA).
6.2 B. Applicant’s argument regarding Georges Fails to Disclose Using Phase Variation With Wavelength to Determine the Vertical Position Offset, specially, claim 16 is not persuasive (Argument, Page 10-11).
Georges teaches in Par. [0027]: the phase difference between an imaging beam and a reference beam may be measured accurately, the actual depth z (i.e. the vertical position) of a point of measurement is defined by z=λ(ϕ/2π)+nλ, where λ is the wavelength, ϕ is the measured phase difference, and n is an unknown integer thus teaches the argues limitation (Also see Claim 16 rejection, Final OA).
6.2.1 Applicant’s argument regarding Claim 20 is not persuasive (See Claim 20 rejection, Final OA).
6.2.2 Applicant’s argument regarding Claim 30 is not persuasive (See Claim 30 rejection, Final OA).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIL AHMED whose telephone number is (571) 272-1950. The examiner can normally be reached M-F: 9:00 AM - 5:00 PM.
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/JAMIL AHMED/Primary Examiner, Art Unit 2877
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