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 .
Notice of Amendments
2. The Examiner acknowledges the amended claims filed on 06/10/2026.
- Claims 1, 6 and 8 has been amended.
- Claim 3 has been cancelled.
Response to Arguments
3. Applicant's arguments filed on 06/10/2026 with respect to claim 8 have been considered (see pages 2 and 4 of the Remarks), but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment.
Amended claim 8 includes a different scope of the claimed invention and it does not include all of the limitations of the previously objected claim 3, base claim and intervening claims, thus it required further search and consideration. Accordingly, a new rejection is provided for claim 8 to address the newly amended subject matter.
Claim Objections
4. Claim 8 is objected to because of the following informalities: The terms "PBS" and “QWP” are acronyms, which can mean different things and/or change in meaning over time; hence, it would be desirable to write out the actual words to which the acronyms refer. Appropriate correction is required.
Claim Rejections - 35 USC § 103
5. 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 (i.e., changing from AIA to pre-AIA ) 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.
6. 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.
7. Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi (US-PGPUB 2002/0001403) in view of Takeda et al. (US-PGPUB 2024/0307997).
Regarding claim 8, Kikuchi discloses a method in a real-time autofocus, comprising:
measuring, by a laser distance sensor (Laser 11 and sensor 8; see figs. 1, 3), a distance (The distance between the lens 17 and wafer 100 is determined based on an output from the distance sensor 8 to automatically focus the ultraviolet objective lens 17; see paragraphs 0064, 0069-0073) between an object (Wafer 100; see fig. 13) and a variable focus imaging system (Optical unit 13, see figs. 1, 3);
moving the object or the variable focus imaging system using a Z-axis motor according to the measured distance to increase an autofocus range of a variable focus lens (The moving means operates under the control of the controlling means to move either or both of the objective lens and object under inspection relatively in a direction towards or away from each other over the target moving distance. Thus, the distance between the objective lens and object under inspection is controlled to focus the objective lens; see paragraph 0023. The Z stage 6 is movable vertically to move the semiconductor wafer 100 in the height direction. The Z stage 6 moves the semiconductor wafer 100 in the height direction under the control of the control computer 20 to adjust the height of the inspection post very finely; see paragraph 0060);
measuring, by the laser distance sensor, a distance between the object and the variable focus imaging system after the movement (The output of the distance sensor is supplied to the controlling means. Then the controlling means will compensate for the output from the distance sensor with the calculated correction value to determine a target moving distance, and control the operation of the moving means according to the target moving distance; see paragraphs 0021-0022, 0035, 0095);
varying an optical focus state of the variable focus lens according to the measured distance (The moving means operates under the control of the controlling means to move either or both of the objective lens and object under inspection relatively in a direction towards or away from each other over the target moving distance. Thus, the distance between the objective lens and object under inspection is controlled to focus the objective lens; see paragraphs 0023, 0036);
illuminating the object with illumination light (An illumination light source 11 which emits an illumination light to the semiconductor wafer 100 placed on the inspection stage 2; see paragraph 0063 and figs. 1, 3);
causing return light reflected from the object to pass (The reflected light from the inspecting point on the semiconductor wafer 100, illuminated with the ultraviolet illumination light, will be incident upon the ultraviolet CCD camera 18 through the ultraviolet objective lens 17, half mirror 16 and an imaging lens 19; see paragraph 0067); and
capturing, by a camera, a focused image of the object (With the objective lens having thus been focused, the image of the object, picked up by the imaging means, is supplied to the inspecting means. The inspecting means will process the image picked up by the imaging means to inspect the object under inspection; see paragraphs 0037, 0098).
However, Kikuchi does not expressly disclose illuminating with illumination light through a PBS and a QWP; causing return light reflected from the object to pass through the QWP again such that the return light is polarization-converted and separated from an optical path of the illumination light by the PBS.
On the other hand, Takeda discloses illuminating with illumination light (Irradiating a target 100 with a laser beam L1; see fig. 1 and paragraphs 0037-0038) through a PBS (Polarization beam splitter 6; see fig. 1 and paragraphs 0037, 0042) and a QWP (Quarter-wave plate 7; see fig. 1 and paragraphs 0037, 0042-0043); causing return light reflected from the object to pass through the QWP again such that the return light is polarization-converted and separated from an optical path of the illumination light by the PBS (After being reflected by the processed surface 100a, the return beam L2 reaches the light detection unit 8A via the fθ lens 4, the quarter-wave plate 7, and the polarization beam splitter 6 in this order. By using the polarization beam splitter 6 and the quarter-wave plate 7, it is possible to detect the return beam L2 in the light detection unit 8A; see fig. 1 and paragraphs 0044, 0046).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kikuchi and Takeda to provide illuminating with illumination light through a PBS and a QWP; causing return light reflected from the object to pass through the QWP again such that the return light is polarization-converted and separated from an optical path of the illumination light by the PBS for the purpose of improving the detection efficiency of the return light from the object surface (see paragraph 0007 of Takeda).
Allowable Subject Matter
8. Claims 1-2 and 4-7 are allowed.
9. The following is an examiner’s statement of reasons for allowance:
10. Regarding claim 1, the prior art does not teach or fairly suggest “…system, comprising: a laser distance sensor configured to measure a distance to an object; and a variable focus imaging system configured to change the focus according to the distance information measured from the laser distance sensor and capture a focused image, wherein the variable focus imaging system comprising: an objective lens; a variable focus lens configured to change shape to focus on the object; a camera; a band pass filter configured to prevent the light from the laser distance sensor from entering the camera while allowing the light from an illuminator light to pass through to the camera; a coaxial illuminator configured to provide illumination light toward the object; a polarized beam splitter (PBS) configured to direct the illumination light toward the object and direct return light from the object toward the camera based on a polarization state of the return light; and a quarter wave plate (QWP) disposed between the PBS and the object and configured to change a polarization state of light passing therethrough, wherein the illumination light passes through the PBS and the QWP, is reflected by the object, passes through the QWP again, and is polarization-converted such that the return light is directed toward the camera by the PBS...” and used in combination with all of the other limitations of claim 1.
11. Claims 2 and 4-7 depend on allowable claim 1. Therefore, the dependent claims are also held allowable.
Citation of Pertinent Art
12. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Yuan et al. (US-PGPUB 2021/0018736) discloses a light beam emitted from the illumination light source is focused and irradiated onto a sample to excite fluorescent substance in the sample to emit fluorescence; wherein the illumination light path comprises a first optical filter, a second optical filter, a polarization beam splitter, a first quarter-wave plate, a first dichroic element, an optical path delay unit, a phase plate, a second dichroic element and a second quarter-wave plate, which are arranged in sequence in a transmission direction of the light path; after the light beam emitted from the illumination light source is optically filtered by the first optical filter and the second optical filter, a first light beam and a second light beam each having a certain wavelength are obtained; the first light beam and the second light beam are respectively split by the polarization beam splitter to form linearly polarized lights which, after being reflected, are incident onto the first quarter-wave plate and the first dichroic element in sequence; the first light beam forms circularly polarized light after passing through the first quarter-wave plate, and after being reflected by the first dichroic element, it passes through the first quarter-wave plate again to form linearly polarized light, which is then transmitted through the polarization beam splitter, reflected by the second dichroic element, and converted by the second quarter-wave plate into circularly polarized light to be incident onto a microscopic objective lens of a microscopic imaging system and converged.
Kim et al. (US-PGPUB 2012/0305801) discloses a system comprising a light delivery unit that comprises: a first beam splitter, disposed between the objective lens and the fluorescence detector, configured to transmit at least a portion of incident light and reflect a remaining portion of incident light; a second beam splitter, disposed between the first beam splitter and the light source unit, configured to transmit light with the first polarization component and reflect light with the second polarization component; a first quarter-wave plate disposed between the second beam splitter and the first beam splitter; a third beam splitter, disposed between the first beam splitter and the fluorescence detector, configured to transmit light with the first polarization component and reflect light with the second polarization component; and a second quarter-wave plate disposed between the third beam splitter and the first beam splitter; wherein the system further comprises an automatic focusing unit that detects excitation light having the second polarization component reflected by the second beam splitter or the third beam splitter, calculates a focus error of the objective lens, and adjusts a focus position of the objective lens.
Conclusion
13. 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.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA CALDERON whose telephone number is (571)270-3580. 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, TWYLER HASKINS can be reached at (571)272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA CALDERON/Primary Examiner, Art Unit 2639 06/26/2026
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