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
Amendment
The amendment filed on 07/22/2026 has been entered into this application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a light source unit” within the claim(s).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For the purpose of clarity, as long as the light source is capable or has/have the ability of providing two incident light beams, it can be considered as structurally/functionally equivalent that provide similar/identical output, and the claim limitation is met.
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 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeang et al. (2021/0305106 A1, previously cited reference).
Regarding claim 1, Jeang discloses a defect inspection system is included in a substrate inspection apparatus (figs. 6-9), comprising:
a stage a substrate support unit 190 supporting the substrate 191 to be inspected [pars. 0021, 0031, 0041] configured to receive a measurement target thereon, wherein the measurement target a plurality of semiconductors in multiple layers [par. 0086] includes a first layer and a second layer disposed under the first layer; and
a defect inspection apparatus a substrate inspection apparatus (figs. 6-9), including:
a light source unit a light source unit 110 configured to output first incident light first beam W1 and second incident light second beam W2 [pars. 0025, 0063-64 and 0070];
a beam splitter (122/144/164) configured to reflect the first incident light and the second incident light (W1 and W2) from the light source unit (110) to the measurement target (191), and transmit first reflected light and second reflected light therethrough [pars. 0030, 0044 and 0059], wherein the first reflected light corresponds to the first incident light reflected from plurality of semiconductors in multiple layers that includes the first layer, and the second reflected light corresponds to the second incident light reflected from the second layer that is included in the plurality of semiconductors in multiple layers [pars. 0055, 0057];
an objective lens an objective lens (162A/162) between the beam splitter and the measurement target [pars. 0039, 0044 0051],
wherein the objective lens an objective lens (162A/162) is configured to focus the first incident light first beam W1 on a surface of the first layer of plurality of semiconductors in multiple layers and focus the second incident light second beam W2 on a surface of the second layer of plurality of semiconductors in multiple layers; and
a detector light detector (135/145/169) configured to:
detect the first reflected light and generate a first image of the first layer based on the detected first reflected light [pars. 0044, 0055, 0059]; and
the light detector (135/145/169) detect the second reflected light and generate a second image of the second layer based on the detected second reflected light [pars. 0044, 0052, 0055, 0058-59],
wherein the first incident light (i.e. W1) is included in a visible light band (i.e. or typically spans from approximately 380 to 750 or 780 nanometers (nm)), and wherein the second incident light is included in an infrared light band (i.e. or Infrared (IR) radiation covers a wavelength range from approximately 700-780 nanometers (nm) to 1 millimeter (mm)) [pars. 0026, 0048].
For the purposes of clarity, first or second is/are considered arbitrary. Additionally, CMOS/CCD sensors function as image sensors.
As to claims 2-4, Jeang also discloses a structure that is use in a defect inspection system that is implementing limitations such as,
wherein the light source unit light source unit 110 is configured to simultaneously concurrently, at the same time, together, synchronously output the first incident light (W1) and the second incident light (W2), as depicted in drawing (figs. 6-8) (claim 2); wherein the light source unit light source unit 110 includes: a light source light source 111 configured to output the first incident light (W1); and an optical element an optical parametric amplifier 115 (OPA) configured to non-linearly convert the first incident light into the second incident light [pars. 0025, 0070, 0072], as can be seen in depicted drawing (fig. 6) (claim 3); and wherein the light source unit light source unit 110 includes: a first light source light source 111 configured to output the first incident light; and a second light source light source 112 configured to output the second incident light, as can be seen in depicted drawing (fig. 7) [pars. 0063, 0065] (claim 4).
As to claims 5-6, Jeang also discloses a structure that is use in a defect inspection system that is implementing limitations such as,
wherein the beam splitter is plurality beam splitter(s) (122/144/164) includes a first beam splitter, further comprising: a second beam splitter (i.e. 122) between the first light source (i.e. W1) and the first beam splitter (i.e. 144); and a third beam splitter (i.e. 164) configured to reflect the second incident light (i.e. W2) of the second light source to the second beam splitter (i.e. 122), as can be seen in depicted drawing (figs. 6-8) [pars. 0030, 0064-45, 0060] (claim 5); and
wherein the beam splitter is plurality beam splitter(s) (122/144/164) includes a first beam splitter, further comprising a second beam splitter (i.e. 122) between the first beam splitter and the detector light detector (135/145/169), and the second beam splitter (i.e. 122) is configured to reflect the second incident light (i.e. W2) from the second light source (i.e. 111/112) to the first beam splitter as can be seen in depicted drawing (figs. 6-8), [pars. 0044, 0055, 0059-60] (claim 6)
As to claims 7-8, Jeang also discloses a structure that is use in a defect inspection system that is implementing limitations such as, further comprising a controller a logical controller such as a processor or a separate controller or control unit or detecting unit 160 configured to determine/detect whether a defect of the first image is a surface defect originating from the first layer or a buried defect originating from a portion under the first layer (fig. 9) [pars. 0021-22, 0032, 0042, 0044-46], based on the light detectors (135/145/169) which includes first image and the second image (claim 7); and wherein the controller the logical controller such as a processor or the separate controller or control unit is configured to: Align/adjust a first design image of the first layer and the first image with each other; align/adjust a second design image of the second layer and the second image with each other, based on the first design image aligned with the first image; and determine whether the defect of the first image is the surface defect or the buried defect, based on the first design image, the first image, the second design image, and the second image aligned with each other [pars. 0021-22, 0032, 0042, 0044-46, 0084] (claim 8).
As to claims 7-8, Jeang also discloses a structure that is use in a defect inspection system is included in a substrate inspection apparatus (figs. 6-9) comprising:
a stage a substrate support unit 190 supporting the substrate 191 to be inspected [pars. 0021, 0031, 0041] configured to receive a measurement target thereon, wherein the measurement target a plurality of semiconductors in multiple layers [par. 0086] includes a first layer and a second layer disposed under the first layer;
a defect inspection apparatus a substrate inspection apparatus (figs. 6-9) configured to scan a surface of the first layer using first incident light and generate a first image based on the scanning result [par. 0041], and to scan a surface of the second layer that is included in plurality of semiconductors in multiple layers [par. 0086] using second incident light (i.e. W1/W2) and light detector (135/145/169) generate a second image based on the scanning result; and
a controller a logical controller such as a processor or a separate controller or control unit or detecting unit 160 configured to determine/detect whether a defect of the measurement target is a first defect having occurred in the first layer or a second defect having occurred in a portion under the first layer (fig. 9) [pars. 0021-22, 0032, 0042, 0044-46], based on a first design image for the first layer, the first image, a second design image of the second layer, and the second image, wherein the first incident light and the second incident light have different wavelengths [pars. 0026, 0048] [pars. 0030, 0064-45, 0060].
As to claims 12-14, Jeang also discloses a structure that is use in a defect inspection system that is implementing limitations such as,
wherein the defect inspection apparatus is configured to simultaneously concurrently, at the same time, together, synchronously scan the surface of the first layer and the surface of the second layer that is included in the plurality of semiconductors in multiple layers (claim 12);
wherein the defect inspection apparatus includes a first light source (110) configured to output the first incident light (W1) and the defect inspection apparatus is configured to non-linearly convert the first incident light to generate the second incident light by an optical parametric amplifier 115 (OPA) [pars. 0025, 0070, 0072], as can be seen in depicted drawing (fig. 6) (claim 13); and
wherein the defect inspection apparatus includes a first light source light source 111 configured to output the first incident light, and a second light source light source 112 configured to output the second incident light, as can be seen in depicted drawing (fig. 7) [pars. 0063, 0065] (claim 14).
As to claim 15, Jeang also discloses a structure that is use in a defect inspection system that is implementing limitations such as, wherein the defect inspection apparatus is a first defect inspection apparatus, further comprising a second defect inspection apparatus configured to scan the measurement target using an input electron beam as electromagnetic incident beam and light detector (135/145/169) generate a third image based on the scanning result, wherein the controller the logical controller such as a processor or a separate controller or control unit or detecting unit 160 is configured to determine/detect whether the defect of the measurement target is the first defect or the second defect, based on the third image from light detector (135/145/169) (fig. 9) [pars. 0021-22, 0032, 0042, 0044-46].
As to claim 16, Jeang discloses a method of manufacturing a semiconductor device is included in a substrate inspection apparatus (figs. 6-9), comprising:
a substrate inspection apparatus (figs. 6-9) fabricating a portion of a semiconductor device to generate a measurement target a plurality of semiconductors in multiple layers [par. 0086];
light detector (135/145/169) acquiring a design image of the measurement target the plurality of semiconductors in multiple layers that including a first layer and a second layer under the first layer, wherein the design image the plurality of semiconductors in multiple layers that includes a first design image of the first layer and a second design image of the second layer is acquired by light detector (135/145/169) [pars. 0044, 0055, 0059];
light source unit 110 scanning the first layer using first incident light (W1) and light detector (135/145/169) generating a first image based on the scanning result, and scanning the second layer using second incident light (W2) and light detector (135/145/169) generating a second image based on the scanning result;
a logical controller such as a processor or a separate controller or control unit or detecting unit 160 performing an inspection to determine/detect whether a defect of the measurement target is a first defect having occurred in the first layer or a second defect having occurred in the second layer, based on the first design image, the first image, the second design image, and the second image from light detector (135/145/169) (fig. 9) [pars. 0021-22, 0032, 0042, 0044-46]; and
the logical controller such as a processor or a separate controller or control unit or detecting unit 160 verifying the defects of the semiconductor device based on results of the inspection by the substrate inspection apparatus (figs. 6-9) [pars. 0021-22, 0032, 0042, 0044-46, 0084].
As to claim 17, Jeang also discloses wherein the logical controller such as a processor or a separate controller or control unit or detecting unit 160 performing of the inspection includes: aligning/adjusting the first design image and the first image with each other; aligning/adjusting the second design image and the second image with each other using the first design image and the first image; and determining whether a defect of the measurement target is a first defect or a second defect, based on the first design image, the first image, the second design image, and the second image aligned with each other [pars. 0021-22, 0032, 0042, 0044-46, 0084].
As to claims 18-19, Jeang also discloses wherein a wavelength of the first incident light (i.e. W1) is shorter than a wavelength of the second incident light (i.e. W2) [pars. 0026, 0048] Claim 18); and wherein the first incident light (i.e. W1) is included in a visible light band (i.e. or typically spans from approximately 380 to 750 or 780 nanometers (nm)), and wherein the second incident light is included in an infrared light band (i.e. or Infrared (IR) radiation covers a wavelength range from approximately 700-780 nanometers (nm) to 1 millimeter (mm)) [pars. 0026, 0048] (claim 19).
As to claim 20, Jeang also discloses wherein the inspection by the substrate inspection apparatus (figs. 6-9) is a first inspection, the method further comprising:
scanning the measurement target
using light source unit 110 that generate and emits a first laser beam W1 and a second laser beam W2 as an input electron beam electromagnetic light and light detector (135/145/169) generating a third image based on the scanning result;
logical controller such as a processor or a separate controller or control unit or detecting unit 160 performing second inspection to determine/defect whether the defect of the measurement target is the first defect or the second defect, based on the third image from the light detector (135/145/169); and logical controller such as a processor or a separate controller or control unit or detecting unit 160 performing third inspection to determine/detect whether the defect of the measurement target is the first defect or the second defect, based on a result of performing the first inspection, and a result of performing the second inspection (fig. 9) [pars. 0021-22, 0032, 0042, 0044-46].
Response to Arguments
Applicant’s arguments/remarks, (see pages 10-16), filed on 07/22/2026, with respect to the rejection(s) of claim(s) 1-8 and 11-20 have been fully considered but are not persuasive.
Applicant’s arguments:
a) Applicant argues in particular that Claim 1, as amended, recites, inter alia: "an objective lens between the beam splitter and the measurement target, wherein the objective lens is configured to focus the first incident light on a surface of the first layer and focus the second incident light on a surface of the second layer," "detect the first reflected light and generate a first image of the first layer based on the detected first reflected light," and "detect the second reflected light and generate a second image of the second layer based on the detected second reflected light." (Emphasis added). Applicant submits that Jeang fails to disclose at least the elements emphasized in the claim text quoted above.
Examiner's response:
With respect to argument (a), it is respectfully pointed out to applicant that this argument is not persuasive because it well settled that during examination, claim terms are given their broadest reasonable construction consistent with the Specification. In re ICON Health & Fitness, Inc., 496 F.3d 1374, 1379 (Fed. Cir. 2007). In this case, the structure of element the objective lens configured to focus the first and second incident light on a surface of the first layer and focus the second incident light on a surface of the second layer, is the same as the device/element described in the prior art Jeang for carrying out the same, then the claimed limitations is considered to be anticipated by the prior art device since the prior art target/substrate a plurality of semiconductors in multiple layers [par. 0086] includes first and second layer with each of the separate layers implicitly having separate surface that will include first, second or more surface, as can be seen in depicted drawing (figs. 6-7). As such, it is respectfully pointed out to applicant that this/these argument(s) is/are not persuasive. In addition, by applicant's own account the structure/method described in Jeang is configured for …. both laser beams to be focus on the same layer to generate………, but in the “layer” is plurality as one that include(s) first and second layer with first and second surface that the objective lens focus incident light on for measurement(s) of the plurality of the surface(s). Finally, the objective lens in the claimed limitation and as specify in the instant specification is the same as the prior art objective lens for carrying out the claimed method and configuration. As such, the rejections are proper, and it is respectfully pointed out to applicant that this/these argument(s) is/are not persuasive.
b) Applicant also argues that Claim 11 recites, inter alia: "a defect inspection apparatus configured to scan a surface of the first layer using first incident light and generate a first image based on the scanning result, and to scan a surface of the second layer using second incident light and generate a second image based on the scanning result." (Emphasis added.)
Applicant submits that Jeang fails to disclose scanning the surface of the second layer and generating a second image based on the scanning result. As argued with respect to claim 1, the two laser lights of Jeang are always focused on the same layer to generate the evanescent wave……………………………..
c) Applicant further argues that Claim 16, as amended, recites, inter alia: "scanning the first layer using first incident light focused on the surface of the first layer and generating a first image based on the scanning result, and scanning the second layer using second incident light focused on the surface of the second layer and generating a second image based on the scanning result."
Applicant submits that Jeang fails to disclose scanning the second layer using second incident light focused on the surface of the second layer and generating a second image based on the scanning result. As argued previously, Jeang does not disclose focusing the laser light W1, W2 on two different layers. Instead, Jeang requires both lasers to be focused on the same layer in order to generate the evanescent wave and would not function properly if the lasers were focused on different layers.
Examiner's response:
With respect to arguments (b)-(c), it is respectfully pointed out to applicant that for the same reasons as discussed above in relation to argument(s) (a), applicant arguments regarding arguments (b)-(c) are not persuasive.
In addition, it is respectfully pointed out to applicant that these arguments are not persuasive because the objective lens as described by instant specification and the prior art Jeang do/does not discriminate incident light that is to be focuses on the target/substrate or plurality of layers as substrate/target. Further, with respect to the method claim, it is respectfully pointed out to applicant that these arguments are not persuasive because the prior art device is the same as a device described in the instant specification for carrying out the claimed method, and the Applicant have not provided any proof and/or any factual evidence that the prior art objective lens in its normal and usual operation, would necessarily perform the method claimed, then the method claimed are considered to be anticipated by the prior art device.
In conclusion, it is respectfully pointed out to applicant that this/these argument (s) is/are not persuasive because applicant has not provided any proof and/or any factual evidence that suggest or obviate the examiner's position would not have been anticipated.
Finally, Applicant has argued the patentability of rejected dependent claims, based solely upon the patentability of independent claim(s), and has presented no additional arguments exclusively pertaining to the claims, since the applicant has not argued the examiner’s position about the rejection(s) regarding the dependent claims, in the previous Official action. The applicant has acquiesced.
Allowable Subject Matter
Claims 9-10 is/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.
As to claim 9, the prior art of record, taken alone or in combination, fails to disclose or render obvious a second defect inspection apparatus, wherein the second defect inspection apparatus includes: an electron gun configured to output an input electron beam; a second objective lens between the electron gun and the stage, and a second detector, wherein the stage is configured to be movable to a first position and a second position, wherein when the stage is at the first position, the measurement target receives the first incident light and the second incident light from the first defect inspection apparatus, and wherein when the stage is at the second position, the measurement target receives the input electron beam from the second defect inspection apparatus, and the second detector is configured to receive emission electrons emitted from the measurement target in response to the input electron beam and to detect and generate a third image based on the received emission electrons, in combination with the rest of the limitations of the claim. Claim(s) 10 is/are allowable by virtue of their /its dependency.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 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.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877
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