Prosecution Insights
Last updated: April 19, 2026
Application No. 18/884,050

NONLINEAR OPTICAL STOKES ELLIPSOMETERS

Non-Final OA §103
Filed
Sep 12, 2024
Examiner
AKANBI, ISIAKA O
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Femtometrix Inc.
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

§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 Preliminary Amendment The preliminary amendment filed on 03/25/2025 has been entered into this application. Claims 4, 6, 9, 22, 23 and 26 are cancelled. Drawings The drawings filed on 09/12/2024, has been accepted for examination. 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) 1-3, 5, 7-8, 10-21, 24 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freudenthal et al. (2016/0116397 A1) in view of Zhang (2022/0034791 A1). Regarding claim 1, Freudenthal teaches of a sample characterization system for interrogating a sample is included in a system for imaging polarization properties of optical-material samples (figs. 1, 4, 6, 7 and 8), said system comprising: a light source a light source 17/40/50 configured to output a beam to be directed to said sample 30/430 such that light emanates from said sample 30/430; a polarization state generator a photoelastic modulator(s) (“PEM”) 20/54 positioned to receive the beam output by the light source light source 17/40/50 to provide a plurality of different polarization states to said laser light beam that is incident on said sample 30/430 [pars. 0019, 0036-39]; and a detector array CCD(s) 29/48 comprising a plurality of detectors CCD pixels 48/multi-pixel imaging device 48 having differently oriented linear polarizers is having different polarization effect 27/427/627 in front of different detectors the multi-pixel imaging device 48 and a plurality of retarders 23/627/623/625 disposed in front of said differently oriented linear polarizers such that said light emanated from said sample passes through said plurality of retarders, said differently oriented linear polarizers having different polarization effect, and to said plurality of detectors [pars 0112-0114]. Freudenthal fails to explicitly specify that the light source(s) is a laser type light source configured to output a laser beam to be directed to said sample such that light emanates from said sample and fails to specify that the plurality of retarders is/are disposed in front of said differently oriented linear polarizers such that said light emanated from said sample passes through said plurality of retarders is/are in the detection/receiving/image arm/path. Zhang from the same field of from the same field of endeavor teaches of using laser source light source 3 as a light source configured to output a laser beam to be directed to said sample such that light emanates from said sample and specify that the plurality of retarders rotating retarder 17 and/or two variable retarders is/are disposed in front of said differently oriented linear polarizers (15) such that said light emanated from said sample passes through said plurality of retarders is/are in the detection/receiving path is known in the art, Zang (Zang, (figs. 1, 3-13) [pars. 0035, 0045, 0052-53]), 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 Freudenthal light source with laser light source and incorporate plurality of retarders that is/are disposed in the detection/receiving/image arm/path such as in in the manner set forth in applicant’s claim, in view of the teaching of Zang (Zang, [pars. 0035, 0041, 0045, 0052-53]) for enhanced and increased imaging speed that is especially important for imaging of a dynamically evolving sample. 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 Freudenthal in view of in view of the teaching of Zang to incorporate the constructional/structural change(s) such as in in the manner set forth in applicant’s claim, since the propose modification of the prior art would not change the principle of operation of the prior art invention being modified in order to in order to enhanced and increased imaging speed that is especially important for imaging of a dynamically evolving sample, as per teaching of Zang (Zang, [pars. 0035, 0041, 0045, 0052-53]). In addition, 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 Freudenthal light source with laser light source and incorporate plurality of retarders that is disposed is/are in the detection/receiving/image arm/path such as in in the manner set forth in applicant’s claim, in view of the teaching of Zang (Zang, [pars. 0035, 0041, 0045, 0052-53]) for enhanced and increased imaging speed that is especially important for imaging of a dynamically evolving sample, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, and 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 claim 2, Freudenthal when modified by Zang, Freudenthal also discloses wherein said laser light source is configured such that said light emanated from said sample comprises nonlinearly generated light functionally the output rays “b1-b7” that emanate from the sample 30 [par. 0104] is/are not directly proportional to the input light beam due to sample detection. As to claim 3, Freudenthal when modified by Zang, Freudenthal wherein said laser light source is configured to produce second harmonic generation (SHG) light from said sample 30 Freudenthal (Freudenthal, figs. 11; [pars. 0032, 0139, 0142 and 0149]). As to claims 5, 7 and 8, Freudenthal when modified by Zang, Freudenthal further teaches of limitations such as wherein said polarization state generator photoelastic modulator (“PEM”) 20 comprises a retarder configured to be varied to vary phase differences introduced in orthogonal polarizations passing through the retarder [pars. 0036, 0089] (claim 5); wherein said polarization state generator comprises a photoelastic modulator (“PEM”) (claim 7); and wherein said polarization state generator is configured to provide variation in polarization states without relying on moving parts, as can be seen in depicted drawing (Freudenthal, figs. 1, 4, 6, 7 and 8) (claim 8). As to claim 10, Freudenthal when modified by Zang, Freudenthal further teaches of wherein said differently oriented linear polarizers include linear polarizers orientated at 0o, 90o, 45o, and 135o with respect to rows of detectors in said detector array as can be seen in depicted drawing (Freudenthal, figs. 1, 4, 6, 7 and 8) [pars. 0035, 0037, 0039, 0094]. As to claim 11, Freudenthal when modified by Zang, Freudenthal further teaches of wherein said differently oriented linear polarizers include linear polarizers orientated horizontally, vertically, along a first diagonal, and along a second diagonal opposite to the first diagonal with respect to rows of detectors in said detector array (Freudenthal, [pars. 0003, 0005, 0042-43]). As to claim 12, Freudenthal when modified by Zang, Freudenthal further teaches of wherein said detector array CCD 48 is included in a polarization sensing camera (PSC) detecting optical components 46 detecting different polarization effect, as can be seen in depicted drawing ((fig. 8), Freudenthal, [pars. 0110-114]). As to claims 13 and 14, Freudenthal when modified by Zang, Freudenthal further teaches of wherein at least one retarder of the plurality of retarders comprises a plurality of half-wave retarders and quarter-wave retarders (claim 13) [pars. 0061, 0089, 0092]; and wherein a half-wave retarder is paired with each of a plurality of four differently oriented linear polarizers (claim 14) (Freudenthal, figs. 1, 4, 6, 7 and 8) [pars. 0035, 0037, 0039, 0094]. Further, Freudenthal when modified by Zang, Zang also teaches of wherein at least one retarder of the plurality of retarders comprises a plurality of half-wave retarders and quarter-wave retarders; and wherein a half-wave retarder is paired with each of a plurality of four differently oriented linear polarizers Zang (Zang, [pars. 0041, 0045 and 0084]). As to claim 15, Freudenthal when modified by Zang, Freudenthal further teaches of wherein a quarter-wave retarder is paired with each of a plurality of four differently oriented linear polarizers (Freudenthal, figs. 1, 4, 6, 7 and 8) [pars. 0035, 0037, 0039, 0094]. Further, Freudenthal when modified by Zang, Zang also teaches of wherein a quarter-wave retarder is paired with each of a plurality of four differently oriented linear polarizers Zang (Zang, [pars. 0041, 0045 and 0084]). As to claim 16, Freudenthal when modified by Zang, Freudenthal further teaches of wherein said plurality of retarders comprises a liquid crystal 2D phase array comprising a plurality of retarders (Freudenthal, [pars. 0010, 0036]). Further, Freudenthal when modified by Zang, Zang also teaches of wherein said plurality of retarders comprises a liquid crystal 2D phase array comprising a plurality of retarders Zang (Zang, [pars. 0040-41, 0045]) As to claim 17, Freudenthal when modified by Zang, Freudenthal further teaches of wherein said liquid crystal 2D phase array comprises pixels CCD pixels configured to be set to half-wave and quarter-wave retardance (Freudenthal, [pars. 0010, 0036]) (Freudenthal, figs. 1, 4, 6, 7 and 8) [pars. 0035, 0037, 0039, 0094]. As to claim 18, Freudenthal when modified by Zang, Freudenthal further teaches of wherein a half-wave retardance pixel is paired with each of a plurality of four differently oriented (i.e. at 0o, 90o, 45o, and 135o) linear polarizers as can be seen in depicted drawing (Freudenthal, figs. 1, 4, 6, 7 and 8) [pars. 0035, 0037, 0039, 0094]. Further, Freudenthal when modified by Zang, Zang also teaches of wherein a half-wave retardance pixel is paired with each of a plurality of four differently oriented linear polarizers Zang (Zang, [pars. 0041, 0045 and 0084]). As to claim 19, Freudenthal when modified by Zang, Freudenthal further teaches of wherein a quarter-wave retardance pixel is paired with each of a plurality of four differently oriented (i.e. at 0o, 90o, 45o, and 135o) linear polarizers, as can be seen in depicted drawing (Freudenthal, figs. 1, 4, 6, 7 and 8) [pars. 0035, 0037, 0039, 0094]. Freudenthal when modified by Zang, Zang also teaches of wherein a quarter-wave retardance pixel is paired with each of a plurality of four differently oriented linear polarizers Zang (Zang, [pars. 0041, 0045 and 0084]). As to claims 20 and 21, Freudenthal when modified by Zang, Freudenthal further teaches of wherein signals from said plurality of detectors provide information for determining a Stokes vector is/are imaging Stokes parameters of the sample (Freudenthal, [pars. 0061, 0080, 0082]) (claim 20); and wherein signals from said plurality of detectors provide information for determining four Stokes parameters, So, Si, S2, S3 (claim 21) (Freudenthal, [pars. 0061, 0080, 0082]). As to claim 24, Freudenthal when modified by Zang, Freudenthal further teaches of wherein a nonlinear susceptibility tensor can be derived from said Stokes vector and a Mueller Matrix can be derived from said nonlinear susceptibility tensor (Freudenthal, [pars. 0041, 0043, 0089, 0090, 0092]). As to claim 25, Freudenthal when modified by Zang, Freudenthal further teaches of the system of a sample characterization system for interrogating a sample is included in a system for imaging polarization properties of optical-material samples (figs. 1, 4, 6, 7 and 8), as applied to claim 1, that such a system provides simultaneous imaging of both the in-plane and out-of-plane birefringence properties of a sample over a wide range of incidence angles and the system is use in determining property/ies of many optical materials during production [pars. 0002-4] and are used in high-precision instruments employed in semiconductor and other industries included in-line of a semiconductor fabrication line [par. 0007]. 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 a sample characterization system for interrogating a sample. 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 12, 2024
Application Filed
Mar 19, 2026
Non-Final Rejection — §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