Prosecution Insights
Last updated: April 19, 2026
Application No. 18/882,312

MEASUREMENT OPTICAL SYSTEM FOR METROLOGY INSPECTION AND METHOD OF MEASURING OVERLAY USING THE SAME

Non-Final OA §102§103
Filed
Sep 11, 2024
Examiner
AKANBI, ISIAKA O
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
814 granted / 1071 resolved
+8.0% vs TC avg
Strong +23% interview lift
Without
With
+23.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
34 currently pending
Career history
1105
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
39.7%
-0.3% vs TC avg
§102
43.9%
+3.9% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1071 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Information Disclosure Statement The information disclosure statement filed on 11/06/2025 has been entered and considered by the examiner. Drawings The drawings filed on 09/11/2024, has been accepted for examination. 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 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) 1-8 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujishima et al. (2020/0319447 A1 A1). Regarding claim 1, Fujishima discloses a measurement optical system is included in the arrangement of a position detection system (position detection apparatus) (fig. 3,) comprising: a light source (20) configured to emit infrared light [pars. 0030 and 0032]; a light splitter (27) configured to reflect, from the light source (20) and to a subject substrate 3, a first portion of the infrared light incident to the light splitter (27) [pars. 0030-34]; a photodetector a photoelectric converter 37/CCD image sensor on a same optical axis as the light splitter (27) and configured to receive a second portion of the infrared light reflected from the subject substrate 3 [pars. 0021, 0031, 0035 and 0047]; a first lens optical system a first detection optical element 33 between the light splitter (27) and the photodetector photoelectric converter 37/CCD image sensor; and a second lens optical system a second detection optical element 35 between the first lens optical system first detection optical element 33 and the photodetector photoelectric converter 37/CCD image sensor, wherein the subject substrate 3 comprises an alignment key a mark (an alignment mark 19 or the reference mark 112 on the stage reference plate 11 in this case) on which a meta key is provided (a meta key is considered as any form of pattern(s) or pattern(s) structure(s) on the surface of the alignment mark(s) or the arrangement of the alignment marks (i.e. box in box arrangement)), as can be seen in depicted drawing (fig. 2). For the purposes of clarity, the alignment mark is/are configured to respond to a S-polarized light perpendicular is a vertical polarization; and configured to respond to a P-polarized light parallel to the drawing surface is a horizontal polarization. Also, a meta key is considered as mark(s) that is configured to respond to vertical polarization of the infrared light; and a mark(s) that is configured to respond to horizontal polarization of (i.e. infrared light) (see applicant’s disclosure [par. 0018]). As to claims 2-4, Fujishima also discloses wherein the light source (20) comprises a wavelength variable light source is light source 20 … generate over a wide spectral range, for example, visible light (for example, in a wavelength region of 550 nm to 700 nm), blue light (for example, in a wavelength region of 450 nm to 550 nm), and infrared light (for example, in a wavelength region of 700 nm to 1,500 nm) [pars. 0030 and 0035] (claim 2); wherein the light source light source 20 comprises: infrared light that generate a wide spectral range (for example, in a wavelength region of 700 nm to 1,500 nm) include a first light source configured to emit first infrared light; and a second light source configured to emit a second infrared light having a wavelength that is different from a wavelength of the first infrared light within the wavelength region of 700 nm to 1,500 nm [pars. 0030 and 0035] (claims 3 and 4). For the purposes of clarity, Fujishima discloses the infrared light source structure that generate a wide spectral range (for example, in a wavelength region of 700 nm to 1,500 nm) and the wavelengths is/are separated by the prism 29, as depicted in drawing fig. 3. As such, the structure anticipates the light source comprises a first light source configured to emit first infrared light; and a second light source configured to emit a second infrared light having a wavelength that is different from a wavelength of the first infrared light by the separation of the wavelengths using the prism. As to claim 5, Fujishima further discloses a wavelength filter a wavelength filter plate 22 between the light source (20) and the light splitter (27) [par. 0031]. As to claim 6, Fujishima further discloses further comprising a third lens optical system a relay lens 32 between the light splitter (27) and the first lens optical system first detection optical element 33. As to claim 7, Fujishima further discloses further comprising a fourth lens optical system a prism 29, or an objective lens 31 disposed between the light splitter (27) and the subject substrate 3. As to claim 8, Fujishima further discloses the splitter is a polarizing beam splitter 27 comprising a polarization filter is between the light source (20) and the light splitter the combination of polarization filter and beam splitter [par. 0033]. As to claim 10, Fujishima further discloses wherein the light source (20) is further configured to emit the infrared light to the light splitter [par. 0030] such that the first portion of the infrared light reflected from the light splitter is further obliquely (neither parallel nor perpendicular to the long axis of the substrate)/slanting incident on the subject substrate 3/alignment mark 19, as can be seen in depicted drawing (fig. 3) incident beam/light. As to claim 11, Fujishima further discloses wherein the meta key comprises: a first meta key configured to respond to vertical polarization of the infrared light; and a second meta key configured included in the plurality of alignment marks 19 provided on the substrate 3 to respond to horizontal polarization of the infrared light of S-polarized light perpendicular to the drawing surface or /P-polarized light parallel to the drawing surface [par. 0033-34], as can be seen in depicted drawing (fig. 2). For the purposes of clarity, Fujishima discloses plurality of (alignment marks 19 or the reference marks 112 on the stage reference plate 11), as can be seen in depicted drawing (fig. 2) comprises first and second alignment mark, and thus functionally equivalent to comprises the first and second meta keys. Claim(s) 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (2023/0186460 A1). As to claim 15, Lee discloses an overlay measurement method is included in a method of operating a semiconductor measurement apparatus (figs. 1-18B) comprising: a semiconductor measurement apparatus (figs. 1 and 2: 1 and 1A) [pars. 0022-40] for measuring a first overlay by irradiating an alignment key with a first infrared light included in an ultraviolet wavelength band to an infrared wavelength band, [par. 0024] and by detecting a first reflected light reflected from the alignment key, the alignment key/overlay key comprising a meta key and a first non-meta key [pars. 0038-40]; and measuring a second overlay by irradiating the alignment key with a second infrared light and by detecting a second reflected light reflected from the alignment key, the second infrared light having a wavelength that is different from a wavelength of the first infrared light [pars. 0043-45] overlay keys 200, 200A, and 200B each include first to fourth regions 210 to 240. wherein a first one of the first overlay and the second overlay is measured based on the meta key upper patterns 222, 232, and 242 [pars. 0052, 0053], and wherein a second one of the first overlay and the second overlay is measured based on the first non-meta key lower patterns 221, 231, and 241; determining an overlay from patterns providing an actual circuit [pars. 0045, 0052, 0053, 0055-56] (figs. 7-9). For the purposes of clarity, a meta key is considered as any form of pattern(s) or pattern(s) structure(s) on the surface of the alignment mark(s) or the arrangement of the alignment marks (i.e. box in box arrangement)), as can be seen in depicted drawing (fig. 16A-B), while the non-meta key(s) are considered as any form of non-pattern(s) portion(s)/section(s) or non-pattern(s) structure(s) on the surface of the alignment mark(s) surrounding and/or between the pattern(s) or between pattern(s) structure(s) on the surface of the alignment mark(s), as can be seen in depicted drawing (fig. 16A-B) As to claim 16, Lee also discloses wherein one of the measuring the first overlay and the measuring the second overlay comprises measuring an overlay of 300 nm or more, and wherein the other one of the measuring the first overlay and the measuring the second overlay comprises measuring an overlay of 100 nm or less is wherein the plurality of image(s) includes first and second image(s) corresponding to light having a wavelength of 300 nm, the intensity difference of the polarization element of the light may be largest in first coordinates, and in the first image corresponding to the light having a wavelength of the 450 nm or less [pars. 0066, 0125] (fig. 21). As to claim 17, Lee also discloses that patterns for providing a plurality of semiconductor devices 710 and 720 may be formed in each of the plurality of semiconductor chip regions and/or the first patterns 611 and the second patterns 621 are based on different structures stacked vertically to determine an overlay of the region in which the light is reflected from the sample, and the structure misaligned by a desired and/or alternatively predetermined offset Δd in a first direction (space apart) [pars. 0108-119] is wherein the alignment key comprises: a first alignment key comprising the first non-meta key; and a second alignment key comprising the meta key, and wherein the second alignment key is spaced apart from the first alignment key (claim 17); and wherein the second alignment key comprises the meta key and a second non-meta key (claim 18). For the purposes of clarity, a meta key is considered as any form of pattern(s) or pattern(s) structure(s) on the surface of the alignment mark(s) or the arrangement of the alignment marks (i.e. box in box arrangement)), as can be seen in depicted drawing (fig. 16A-B), while the non-meta key(s) are considered as any form of non-pattern(s) portion(s)/section(s) or non-pattern(s) structure(s) on the surface of the alignment mark(s) surrounding and/or between the pattern(s) or between pattern(s) structure(s) on the surface of the alignment mark(s), as can be seen in depicted drawing (fig. 16A-B) As to claim 19, Lee discloses a method of measuring an overlay is included in a method of operating a semiconductor measurement apparatus (figs. 1-18B), the method comprising: a semiconductor measurement apparatus (figs. 1 and 2: 1 and 1A) [pars. 0022-40] for measuring a first overlay in a first direction by irradiating an alignment key with a first polarized infrared light included in an ultraviolet wavelength band to an infrared wavelength band [pars. 0024, 0122], and an illumination apparatus having a polarizer on a propagation path of light output from a light source (see abstract) [pars. 0005-7] and by detecting a first reflection light reflected from the alignment key, the alignment key [pars. 0025-27] comprising a meta key [pars. 0038-40]; and measuring a second overlay in a second direction perpendicular to the first direction by irradiating the alignment key with a second polarized infrared light and by detecting a second reflected light reflected from the alignment key, the second polarized infrared light having a polarization state that is perpendicular to a polarization state of the first polarized infrared light [pars. 0043-45] overlay keys 200, 200A, and 200B each include first to fourth regions 210 to 240. As to claim 20, Lee discloses wherein the meta key upper patterns 222, 232, and 242 or lower patterns 221, 231, and 241 [pars. 0045-56] (figs. 7-9) comprises: a first meta key configured to respond to a vertical polarization; and a second meta key configured to respond to a horizontal polarization of S-polarized light perpendicular to the drawing surface or /P-polarized light parallel to the drawing surface [par. 0031-34]. For the purposes of clarity, the alignment mark is/are configured to respond to a S-polarized light perpendicular is a vertical polarization; and configured to respond to a P-polarized light parallel to the drawing surface is a horizontal polarization. Also, a meta key is considered as mark(s) that is configured to respond to vertical polarization of the infrared light; and a mark(s) that is configured to respond to horizontal polarization of (i.e. infrared light) (see applicant’s disclosure [par. 0018]). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 9 and 12-14, is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujishima et al. (2020/0319447 A1 A1). As to claim 9, Fujishima teaches of the features of claim 9, as applied to claim 1, comprising beam splitter (27) is further configured to about a single axis, as can be seen in depicted drawing (fig. 3). Fujishima further teaches that the light source 20, with an illumination optical system 110. The light source 20 can generate, for example, visible light (for example, in a wavelength region of 550 nm to 700 nm), blue light (for example, in a wavelength region of 450 nm to 550 nm), and infrared light (for example, in a wavelength region of 700 nm to 1,500 nm), that would result in arranging various type light source(s)/individual light in various position(s) to direct light beam toward splitter at different position in order to generate measurement from the substrate [pars. 0030-34]. Fujishima fails to explicitly specify the constructional/structural change in the system of claim 1, as that claimed by Applicants claim 9, such as, wherein the light splitter is further configured to rotate about a single axis. However, the constructional/structural change difference(s) is/are considered obvious design variation of adjustment of part in order to allow for accommodation of arranging various type light source(s)/individual light in various position(s) to direct light beam toward splitter at different position in order to generate measurement from the substrate from the various type light source(s) position in different position(s). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Fujishima splitter such as in the manner set forth in applicant's claim 9, in order to allow for multiple measurement from various type of light source(s)/individual light in various position(s) around splitter to direct light beam toward splitter at different position in order to generate measurement from the substrate from the various type light source(s) position, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954). As to claims 12-14, Fujishima teaches of the features of claims 12-14, as applied to claim 1, comprising wherein the subject substrate 3 comprises an alignment key alignment mark 19 on which a meta key is provided. Plurality of alignment mark 19 (fig. 3) includes a first meta key configured to respond to vertical polarization of the infrared light; and a second meta key configured included in the alignment mark 19 provided on the substrate 3 to respond to horizontal polarization of the infrared light of S-polarized light perpendicular to the drawing surface or /P-polarized light parallel to the drawing surface [par. 0033-34]. For the purposes of clarity, a meta key is considered as any form of pattern(s) or pattern(s) structure(s) on the surface of the alignment mark(s) or the arrangement of the alignment marks (i.e. box in box arrangement)), as can be seen in depicted drawing (fig. 16A-B), while the non-meta key(s) are considered as any form of non-pattern(s) portion(s)/section(s) or non-pattern(s) structure(s) on the surface of the alignment mark(s) surrounding and/or between the pattern(s) or between pattern(s) structure(s) on the surface of the alignment mark(s), as can be seen in depicted drawing (fig. 16A-B). Fujishima fails to explicitly specify the constructional/structural change in the system of claim 1, as that claimed by Applicants claims 12-14, such as, wherein the alignment key comprises: a first alignment key; and a second alignment key spaced apart from the first alignment key, wherein a first one of the first alignment key and the second alignment key is a non-meta key, and wherein a second one of the first alignment key and the second alignment key includes the meta key (claim 12); wherein an entirety of the second one of the first alignment key and the second alignment key is the meta key (claim 13); and wherein the second one of the first alignment key and the second alignment key further includes the non-meta key (claim 14). However, even though, Fujishima fails to teaches the constructional/structural change differences as that claimed by Applicants claims 12-14, the constructional changes differences are considered obvious design variation of rearrangements of alignment key/ non-meta key/plurality of alignment mark 19/non- alignment mark. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Fujishima plurality alignment mark 19 provided on the substrate 3 that respond to horizontal polarization of the infrared light of S-polarized light perpendicular to the drawing surface or /P-polarized light parallel to the drawing surface [par. 0033-34] as desired appropriate, such as in the manner set forth in applicant's claims 12-14, since the propose modification of the prior art would not change the principle of operation of the prior art invention being modified. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Fujishima desired appropriate, such as in the manner set forth in applicant's claims 12-14, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954). For the purposes of clarity, a meta key is considered as any form of pattern(s) or pattern(s) structure(s) on the surface of the alignment mark(s) or the arrangement of the alignment marks (i.e. box in box arrangement)), as can be seen in depicted drawing (fig. 16A-B), while the non-meta key(s) are considered as any form of non-pattern(s) portion(s)/section(s) or non-pattern(s) structure(s) on the surface of the alignment mark(s) surrounding and/or between the pattern(s) or between pattern(s) structure(s) on the surface of the alignment mark(s), as can be seen in depicted drawing (fig. 16A-B) Additional Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed in the attached form PTO-892 teach of other prior art overlay measurement method/system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /ISIAKA O AKANBI/Primary Examiner, Art Unit 2877
Read full office action

Prosecution Timeline

Sep 11, 2024
Application Filed
Feb 27, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12590840
PASSIVE BIOINSPIRED SENSOR
2y 5m to grant Granted Mar 31, 2026
Patent 12591184
ENHANCED ALIGNMENT FOR A PHOTOLITHOGRAPHIC APPARATUS
2y 5m to grant Granted Mar 31, 2026
Patent 12571628
OPTICAL TEST DEVICE
2y 5m to grant Granted Mar 10, 2026
Patent 12567569
OPTICAL CABLE FOR INTERFEROMETRIC ENDPOINT DETECTION
2y 5m to grant Granted Mar 03, 2026
Patent 12566061
SYSTEMS AND METHODS FOR INSPECTING PHOTOMASKS
2y 5m to grant Granted Mar 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+23.4%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1071 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month