Prosecution Insights
Last updated: October 02, 2026
Application No. 18/860,115

SINGLE PAD OVERLAY MEASUREMENT

Final Rejection §102
Filed
Oct 25, 2024
Priority
May 20, 2022 — CN PCT/CN2022/094136 +1 more
Examiner
BRYANT, REBECCA CAROLE
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Holding N.V.
OA Round
2 (Final)
65%
Grant Probability
Moderate
3-4
OA Rounds
1y 4m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
362 granted / 559 resolved
-3.2% vs TC avg
Strong +32% interview lift
Without
With
+32.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
34 currently pending
Career history
592
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
41.2%
+1.2% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
29.2%
-10.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 559 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 . Response to Arguments Applicant's arguments filed 07/28/26 have been fully considered but they are not persuasive. With respect to applicant’s arguments beginning on page 9, the examiner disagrees that Van der Schaar fails to disclose identifying a first and second Moire interference component. The applicant argues that the referenced sections of Van der Schaar disclose the grating pitches with p1 and p2. The examiner agrees. However, within that same disclosure in P.0064 and P.0065 discloses that with those grating pitches of p1 and p2, Moire pitches pM are defined, a first pM based on a first pitch p1 and a second pM based on second pitch p2. The pitches define the grating sizes (P.0063) but those pitches are used to calculate the Moire interference pattern signal (P.0061). The rejection is maintained as previously presented but updated to include the claim amendments. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-10 and 21-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van der Schaar U.S. Publication 2022/0035255. With respect to claim 1, Van der Schaar discloses a target for measuring parameter comprising: Obtaining an interference pattern for a measurement structure, wherein the interference pattern arises from interference of radiation from a first grating of the measurement structure at a first pitch in a first layer and a second grating at a second pitch in a second layer of the measurement structure (P.0043, P.0070, P.0063) Identifying a first Moire interference component in the interference pattern, the first Moire interference component being other than the first pitch and the second pitch (P.0064, Moire pitch component = pM based on p1, P.0070) Identifying a second Moire interference component in the interference pattern (P.0065, Moire pitch component = pM based on p2, P.0070) Determining a measurement of a parameter of interest in a manufacturing process based on the first Moire interference component and the second Moire interference component (P.0072, measurement parameter = overlay) With respect to claim 2-6, 8, VAN DER SCHAAR discloses all of the limitations as applied to claim 1 above. In addition, VAN DER SCHAAR discloses: 2, 21- illuminating the measurement structure with incident radiation; and detecting the interference pattern at a detector (P.0070) 3, 22- the determining comprises determining the parameter of interest based on a relationship between the first Moire interference component and the second Moire interference component (P.0071, pairs of orders imply a relationship between them) 4, 23- the determining comprises determining the parameter of interest based on a phase shift between the first Moire interference component and the second Moire interference component (P.0070, phase of Moire fringe) 5, 24- wherein the parameter of interest in the manufacturing process comprises at least one selected from: of an overlay offset, an overlay offset error, a measure of focus, a dose, a measure of geometrical variation, a measure of geometric dimension, a measure of symmetry, a measure of asymmetry, or a combination selected therefrom thereof (P.0072, an overlay offset error = overlay measurement) 6, 25- identifying a first Moire interference component along an additional direction in the interference pattern; identifying a second Moire interference component along the additional direction in the interference pattern; and determining a measure of a parameter of interest in the manufacturing process in the additional direction based on the first Moire interference component along the additional direction and the second Moire interference component along the additional direction (Figure 6, 7, wherein the first Moire interference component 632 is in one direction x, second Moire interference component 635 along a second direction y, P.0070) 8, 27- identifying the first Moire interference component comprises identifying the first Moire interference component in a frequency transform of the interference pattern and wherein identifying the second Moire interference component comprises identifying the second Moire interference component in a frequency transform of the interference pattern (P.0072, Fourier analysis = frequency transform, “of the combined signals” = first interference component and second interference component) With respect to claim 7 and 26, VAN DER SCHAAR discloses all of the limitations as applied to claim 1 above. In addition, VAN DER SCHAAR discloses: The first grating is a composite grating (P.0043) with grating elements at the first pitch and a third pitch (P.0009, first grating = 1st sub-target, wherein first pitch = first pitch, third pitch = second pitch) The first Moire interference component arising from the first pitch and the second pitch (P.0062, P.0063, wherein the interference is between the top gratings = 1st pitch and 2nd pitch, 2nd pitch = bottom grating, 1st pitch = top grating p1) The second Moire interference component arising from the second pitch and the third pitch (P.0063, 2nd pitch = bottom grating, 3rd pitch = top grating p2) 3. With respect to claims 9 and 10, VAN DER SCHAAR discloses all of the limitations as applied to claim 1 above. In addition, VAN DER SCHAAR discloses: • A processor (P.0082, processor) • At least one non-transitory, machine readable medium having instructions thereon, the instructions when executed by a processor system being configured to cause the processor system to perform at least the method of claim 1 (P.0082-83) With respect to claim 28 and 29, VAN DER SCHAAR discloses all of the limitations as applied to claim 9 above. In addition, VAN DER SCHAAR discloses: The first Moire interference component comprises a component of the interference pattern at a first periodicity and the second Moire interference component comprises a component at a second periodicity (inherent that the patterns have a periodicity by definition) The first and second periodicity is a multiple of at least one of the Moire pitch, the first/second pitch, or a combination thereof (P.0065, P.0066, inherent that the Moire interference pattern has a periodicity as a multiple of the Moire pitch and first/second pitch) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 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, Kara Geisel can be reached at 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. /REBECCA C BRYANT/ Primary Examiner, Art Unit 2877
Read full office action

Prosecution Timeline

Oct 25, 2024
Application Filed
Jul 21, 2026
Non-Final Rejection mailed — §102
Jul 28, 2026
Response Filed
Aug 27, 2026
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

3-4
Expected OA Rounds
65%
Grant Probability
97%
With Interview (+32.5%)
3y 3m (~1y 4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 559 resolved cases by this examiner. Grant probability derived from career allowance rate.

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