Prosecution Insights
Last updated: May 29, 2026
Application No. 18/848,085

A METHOD FOR DETERMINING A VERTICAL POSITION OF A STRUCTURE ON A SUBSTRATE AND ASSOCIATED APPARATUSES

Non-Final OA §102
Filed
Sep 17, 2024
Priority
Mar 18, 2022 — EU 22163109.6 +1 more
Examiner
AHMED, JAMIL
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Netherlands B.V.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
566 granted / 691 resolved
+13.9% vs TC avg
Strong +15% interview lift
Without
With
+15.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
24 currently pending
Career history
717
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
82.3%
+42.3% vs TC avg
§102
6.7%
-33.3% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 691 resolved cases

Office Action

§102
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 . Claim Rejections - 35 USC § 102 2. 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. 3. 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 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 the determining the vertical position 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 (inherently teaches central wavelength). 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) comprising a metrology (Par. [0004]) apparatus of claim 29 (See Claim 29 rejection). 1.-15. (Cancelled) Allowable Subject Matter 4. 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. Conclusion 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. 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, Kara Geisel can be reached on 571-272-2416. 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. /JAMIL AHMED/Primary Examiner, Art Unit 2877
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Prosecution Timeline

Sep 17, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection mailed — §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
82%
Grant Probability
97%
With Interview (+15.2%)
2y 1m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 691 resolved cases by this examiner. Grant probability derived from career allowance rate.

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