DETAILED ACTION
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 24 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 24, it is unclear if “an optical apparatus” in the first line of the claim is same as “wherein the control method of an optical apparatus” later in the claim. In order to expedite prosecution, it is assumed that they are the same and that “an” is assumed to be “the”.
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 (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.
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, 2, 13, 14, 17, and 31 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Hsu et al. (Hsu) (2009/0033916).
Regarding claim 1, Hsu discloses an optical apparatus (Fig. 6B) that illuminates an object (90) with illumination light (12, para 0054, 0061), the optical apparatus comprising: a first mirror unit (42) configured to reflect a first portion of generated light including the illumination light generated from a light-emitting point (12, the ninth path, para 0063, “the second source 12, reflected by the first dichroic beam splitter 56, transmitted via the fourth beam splitter 54, reflected by the first beam splitter 42, and transmitted to the first reflective mirror 44 via the second beam splitter 48”); a second mirror unit (54) configured to reflect a second portion of the generated light (the twelfth path, para 66, “the second source 12, and reflected to the fourth detect device 26 by the first dichroic beam splitter 56, the fourth beam splitter 54, the third beam splitter 52 and the third dichroic beam splitter 60”); an optical element (56) configured to reflect the generated light (both the first portion in ninth path, the second portion in the twelfth path are reflected by 56, para 0063, 0066, the main portion in the seventh path, not explicitly stated to have been reflected by 56 in para 0061, but as shown in Fig. 6B, inherently is reflected by beamsplitter 56 before being “transmitted via the fourth beam splitter 54” in para 0061); a first detection unit (24) configured to detect the first portion reflected by the first mirror unit (the tenth path, para 0064, “reflected by the first reflective mirror 44, transmitted via the second beam splitter 48 and the first beam splitter 42, reflected to the third detect device 24 by the second dichroic beam splitter 58”); and a second detection unit (26) configured to detect the second portion reflected by the second mirror unit (the twelfth path, para 0066, “the second source 12, and reflected to the fourth detect device 26 by the first dichroic beam splitter 56, the fourth beam splitter 54, the third beam splitter 52 and the third dichroic beam splitter 60”), wherein the generated light includes the first portion, the second portion, and a main portion (both the first portion in ninth path, the second portion in the twelfth path are reflected by 56, para 0063, 0066, the main portion in the seventh path, not explicitly stated to have been reflected by 56 in para 0061, but as shown in Fig. 6B, inherently is reflected by beamsplitter 56 before being “transmitted via the fourth beam splitter 54” in para 0061), and at least a part of the main portion reflected by the optical element is the illumination light that illuminates the object (the seventh path, para 0061, “the second source 12, transmitted via the fourth beam splitter 54 and the first beam splitter 42, and focused on the sample 90 by the lens 46”, Fig. 6B, inherently is reflected by beamsplitter 56).
Regarding claim 2, Hsu discloses wherein the first mirror unit (42) is configured to separate the first portion from an optical path of the main portion (para 0061, 0063, the main portion in the seventh path is transmitted via beamsplitter 42 and the first portion in the ninth path is reflected by beamsplitter 42, separating from the optical path of the main portion), and the second mirror unit (54) is configured to separate the second portion from the optical path of the main portion (para 0061, 0066, the main portion in the seventh path is transmitted via beamsplitter 54 and the second portion in the twelfth path is reflected by beamsplitter 54, separating from the optical path of the main portion).
Regarding claim 13, Hsu discloses wherein the illumination light illuminates the object with critical illumination (para 0061, “the second source 12, transmitted via the fourth beam splitter 54 and the first beam splitter 42, and focused on the sample 90 by the lens 46”).
Regarding claims 14 and 31, Hsu discloses a mirror (56) configured to reflect the generated light occurring at the light-emitting point, and the first portion, the second portion, and the main portion are contained in the generated light reflected by the mirror (Fig. 6B, para 0061, 0063, 0066).
Regarding claim 17, Hsu discloses wherein the first mirror unit (42) and the second mirror unit (54) are arranged at approximately same optical path positions on an optical axis of the main portion (main portion on the seventh path, para 0061).
Claim(s) 1-3, 13, 15, 16, 19 and 21-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Juschkin et al. (Juschkin) (2020/0378901).
Regarding claim 1, Juschkin discloses an optical apparatus (Fig. 4, para 0063) that illuminates an object (120, para 0039) with illumination light (100), the optical apparatus comprising: a first mirror unit (102) configured to reflect a first portion of generated light including the illumination light generated from a light-emitting point (100, para 0027); a second mirror unit (400) configured to reflect a second portion of the generated light (para 0063); an optical element (112) configured to reflect the generated light (para 0039, a part of the generated light is reflected by 112); a first detection unit (106) configured to detect the first portion reflected by the first mirror unit (para 0027); and a second detection unit (402) configured to detect the second portion reflected by the second mirror unit (para 0063), wherein the generated light includes the first portion (light reflected by mirror 102), the second portion (light reflected by mirror 400), and a main portion (light reflected by mirror 112), and at least a part of the main portion reflected by the optical element is the illumination light that illuminates the object (para 0039).
Regarding claim 2, Juschkin discloses wherein the first mirror unit (102) is configured to separate the first portion from an optical path of the main portion, and the second mirror unit (400) is configured to separate the second portion from the optical path of the main portion (since the light reflected off of mirror 102, mirror 400 and mirror 112 are generated from 100 and the mirror 102 and 400 separate the first portion and the second portion).
Regarding claims 3 and 25, Juschkin discloses an acquiring unit (computer subsystem 126, para 0029) configured to acquire first output information of the first detection unit at a plurality of sampling time points and second output information of the second detection unit at the plurality of sampling time points (para 0029, 0053, “may generate output at different points in time (whether that is intermittently or continuously)”); and a determining unit (computer subsystem 126) configured to determine a state of the light-emitting point based on a change in the first output information and a change in the second output information (para 0053, “ determine the spatial and temporal characteristic(s) of the light source from the first output”).
Regarding claim 13, Juschkin discloses wherein the illumination light illuminates the object with critical illumination (para 0039, “Optical element 112 is configured to collect light from light source 100 at the second angle(s) and to direct the light through optional homogenizer 114 positioned at intermediate field plane 116 to optical element 118. Optical element 118 is configured for directing the light collected by optical element 112 and possibly exiting optional homogenizer 114 to specimen 120”).
Regarding claim 15, Juschkin discloses wherein the illumination light includes a wavelength of EUV (para 0023, 0024, 0057).
Regarding claim 16, Juschkin discloses wherein the first detection unit and the second detection unit are configured to detect light of wavelengths that differ from a wavelength of the illumination light (para 0028 discloses CCD cameras for 2D detectors, and CCD cameras are configured to detect light of different wavelengths, and would be able to detect wavelength different from the wavelength of illumination light).
Regarding claim 19, Juschkin discloses a fourth detection unit (124, Fig. 4) configured to detect the illumination light including the main portion reflected by the object (para 0039); and a processing unit (126) configured to process an image of the object based on fourth output information of the fourth detection unit (para 0056, 0069).
Regarding claim 21, Juschkin discloses a fourth detection unit (124) configured to detect light from an observation object arranged on an optical path of the main portion (para 0039); and a processing unit (126) configured to process an image of the observation object based on fourth output information of the fourth detection unit (para 0056, 0069), wherein the object includes the fourth detection unit (Fig. 4).
Regarding claim 22, Juschkin discloses wherein the illumination light includes exposure light to expose a wafer, and the object includes a wafer having a region that is activated based on light from a photomask arranged on an optical path of the exposure light (para 0068, “the specimen is a wafer”, para 0068 further discloses EUV lithography process in which a wafer having a region that is activated based on light from a photomask arranged on an optical path of the exposure light).
Regarding claim 23, Juschkin discloses wherein the illumination light includes exposure light to expose a wafer, and the object includes a photomask configured to form a pattern on the wafer (para 0068, “the specimen is a reticle”, para 0068 further discloses EUV lithography process in which illumination light exposed a wafer and includes a photomask configured to form a pattern on the wafer).
Regarding claim 24, Juschkin discloses a control method of an optical apparatus (Fig. 4, para 0063) that illuminates an object (120, para 0039) with illumination light (100), the optical apparatus including: a first mirror unit (102) that reflects a first portion of generated light including the illumination light from a light-emitting point of the generated light (100, para 0027); a second mirror unit (400) that reflects a second portion of the generated light (para 0063); an optical element (112) that reflects the generated light (para 0039, a part of the generated light is reflected by 112); a first detection unit (106) that detects the first portion reflected by the first mirror unit (para 0027); a second detection unit (402) that detects the second portion reflected by the second mirror unit (para 0063); an acquiring unit (computer subsystem 126, para 0029); and a determining unit (computer subsystem 126), the generated light including the first portion (light reflected by mirror 102), the second portion (light reflected by mirror 400), and a main portion (light reflected by mirror 112), wherein the control method of an optical apparatus comprises the steps of: illuminating the object with the illumination light including at least a part of the main portion reflected by the optical element (para 0039); causing the acquiring unit to acquire first output information of the first detection unit and second output information of the second detection unit at a plurality of sampling time points (para 0029, 0053, “may generate output at different points in time (whether that is intermittently or continuously)”); and causing the determining unit to determine a state of the light-emitting point based on a change in the first output information and a change in the second output information (para 0053, “ determine the spatial and temporal characteristic(s) of the light source from the first output”).
Claim Rejections - 35 USC § 103
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.
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) 10, 16, 18 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu et al. (Hsu).
Regarding claims 10 and 30, Hsu discloses wherein the first detection unit (24) is arranged at optically conjugate positions with respect to the object (para 0062, 0064, “the second laser is reflected by the sample 90, transmitted via the lens 46, reflected to the third detect device 24 by the first beam splitter 42”, “reflected by the first reflective mirror 44, transmitted via the second beam splitter 48 and the first beam splitter 42, reflected to the third detect device 24”). Although Hsu does not disclose that the second detection unit is arranged at optically conjugate positions with respect to the object, Hsu discloses that the second portion of generated light is “reflected to the fourth detect device 26 by the first dichroic beam splitter 56, the fourth beam splitter 54, the third beam splitter 52 and the third dichroic beam splitter 60” (para 0066). Therefore, it would have been obvious to one of ordinary skill in the art to provide the second detection unit arranged at optically conjugate positions with respect to the object to ensure the precise image formation and eliminate focus errors since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 16, although Hsu does not disclose wherein the first detection unit and the second detection unit are configured to detect light of wavelengths that differ from a wavelength of the illumination light, Hsu discloses another light source (10) with different wavelength (para 0034, 0054), it would have been obvious to one of ordinary skill in the art to provide the first detection unit and the second detection unit that are configured to detect light of wavelengths that differ from a wavelength of the illumination light in order to improve measurement range and provide flexibility.
Regarding claim 18, although Hsu does not disclose wherein the first mirror unit and the second mirror unit are arranged at opposite positions across an optical axis of the main portion, it would have been obvious to one of ordinary skill in the art to rearrange the position of the mirrors 42 and 54 so that the first mirror unit and the second mirror unit are arranged at opposite positions across an optical axis of the main portion in order to detect and acquire information from different portion of the generated light far apart from each other since it has been held that rearranging parts of an invention involves only routine skill in the art.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu et al. (Hsu) in view of Chen et al. (Chen) (2022/0357660).
Regarding claim 15, Hsu does not disclose wherein the illumination light includes a wavelength of EUV. Chen discloses in Fig. 1 and para 0017, EUV light that illuminates an object and measuring interference pattern. Therefore, it would have been obvious to one of ordinary skill in the art to provide illumination light of different wavelength based on the intended use since using EUV light to measure interference is commonly known in the art as Chen discloses in para 0017.
Claim(s) 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu et al. (Hsu) in view of Demarest (2013/0278914).
Regarding claim 22, Hsu does not disclose wherein the illumination light includes exposure light to expose a wafer, and the object includes a wafer having a region that is activated based on light from a photomask arranged on an optical path of the exposure light. Demarest discloses interferometric encoder system used in a lithography system (Fig. 25, para 0039) including an exposure light (1810) to expose a wafer (para 0218, not shown in Fig. 25) having a region that is activated based on light from a photomask (para 0218, not shown) in the optical path of the exposure light. Therefore, it would have been obvious to one of ordinary skill in the art to apply the invention of Hsu to the invention of Demarest for exposure with precise positioning.
Regarding claim 23, Hsu does not disclose wherein the illumination light includes exposure light to expose a wafer, and the object includes a photomask configured to form a pattern on the wafer. Demarest discloses interferometric encoder system used in a lithography system (Fig. 25, para 0039) including an exposure light (1810) to expose a wafer (para 0218, not shown in Fig. 25) and a photomask (para 0218, not shown) configured to form a pattern on the wafer. Therefore, it would have been obvious to one of ordinary skill in the art to apply the invention of Hsu to the invention of Demarest for exposure with precise positioning.
Claim(s) 5, 10-12, 14, 17, 18, 20, 27, 30 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Juschkin et al. (Juschkin).
Regarding claims 5 and 27, although Juschkin does not disclose wherein the determining unit is configured to determine, based on a change in the first output information of the first detection unit and a change in the second output information of the second detection unit between a predetermined sampling time point and a sampling time point after the predetermined sampling time point, a change in emission intensity at the light-emitting point, Juschkin discloses measuring intensity distribution at the object (“specimen”, para 0053, “may generate output at different points in time (whether that is intermittently or continuously)”, para 0059, “calibrated with respect to a separately measured intensity distribution at the specimen”) and using “separately obtained source images for monitoring and calibration of illumination profile” (para 0059). Therefore, it would have been obvious to one of ordinary skill in the art to also monitor a change in emission intensity at the light-emitting point since the measuring of intensity profile at the object obtaining the source image as taught by Juschkin in para 0059.
Regarding claims 10 and 30, although Juschkin does not disclose wherein the first detection unit and the second detection unit are arranged at optically conjugate positions with respect to the object, it would have been obvious to one of the ordinary skill in the art to rearrange the detectors at optically conjugate positions with respect to the object to ensure the precise image formation and eliminate focus errors since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claims 11 and 12, although Juschkin does not disclose wherein the generated light further includes a third portion, the optical apparatus further comprises: a third mirror unit configured to reflect the third portion; and a third detection unit configured to detect the third portion reflected by the third mirror unit, and the acquiring unit is configured to acquire third output information of the third detection unit and acquire an intensity distribution of the generated light based on the acquired third output information and wherein the third portion is closer to an optical axis of the main portion than the first portion and the second portion, Juschkin discloses in para 0027 that the first mirror 102 may include any suitable number of reflective optical elements and the first detector 106 may include any suitable number of detectors to acquire output information and intensity distribution (para 0027, para 0059). Therefore, it would have been obvious to one of ordinary skill in the art to provide a third mirror to reflect the third portion and a third detection unit to detect the third portion to acquire output information including an intensity distribution in order to obtain more information from different portions of the light since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Further, it would have been obvious to one of ordinary skill in the art to place the third mirror so that the third portion is closer to an optical axis of the main portion than the first portion and the second portion in order to acquire information closer to the portion illuminating the object since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claims 14 and 31, although Juschkin does not disclose a mirror configured to reflect the generated light occurring at the light-emitting point, and the first portion, the second portion, and the main portion are contained in the generated light reflected by the mirror, Juschkin discloses in para 0027 that the first optical element 102 may include any number of reflective optical elements and in para 0040 that the optical element 112 may include any suitable number of optical elements. Therefore, it would have been obvious to one of ordinary skill in the art to provide another mirror to reflect the generated light including the first portion, the second portion, and the main portion and directing them to mirrors 102, 400, and 112, respectively, since providing another mirror to direct the light requires only routine skill in the art.
Regarding claims 17 and 18, although Juschkin does not disclose wherein the first mirror unit and the second mirror unit are arranged at approximately same optical path positions on an optical axis of the main portion, and wherein the first mirror unit and the second mirror unit are arranged at opposite positions across an optical axis of the main portion, it would have been obvious to one of ordinary skill in the art to arrange the first mirror unit (102) and the second mirror unit (400) at approximately same optical path positions on an optical axis of the main portion since it has been held that rearranging parts of an invention involves only routine skill in the art and it would have been obvious to one of ordinary skill in the art to rearrange the first mirror unit and the second mirror unit at opposite positions across an optical axis of the main portion in order to detect and acquire information from different portion of the generated light far apart from each other since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 20, Juschkin discloses wherein the object includes a photomask (para 0068, “the specimen is a reticle”).
Allowable Subject Matter
Claims 4, 6-9, 26, 28 and 29 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.
Regarding claims 4 and 26, Hsu discloses detectors that detect interference signals and phase shift (para 0024). Hsu does not disclose determining a movement of the light-emitting point in an optical axis direction of the generated light and a movement of the light-emitting point in an orthogonal direction that is orthogonal to the optical axis direction. Juschkin discloses positioning of the light on 2D detectors (para 0028) which suggests movement of the light in an orthogonal direction that is orthogonal to the optical axis direction, but Juschkin does not disclose a movement of the light-emitting point in an optical axis direction of the generated light.
Regarding claim 6 and 28, Hsu discloses detectors that detect interference signals and phase shift (para 0024). Hsu does not disclose determine that the emission intensity at the light-emitting point has changed based on when at least one of the first output information and the second output information and, at the same time, a movement of the light-emitting point based on the first output information and a movement of the light-emitting point based on the second output information are not detected. Juschkin discloses positioning of the light on 2D detectors and detecting the intensity of the light (para 0028, 0029). However, Juschkin does not disclose determining that the emission intensity at the light-emitting point has changed when at least one of a change in intensity of the light-emitting point based on the first output information and a change in intensity of the light-emitting point based on the second output information is detected and, at the same time, a movement of the light-emitting point based on the first output information and a movement of the light-emitting point based on the second output information are not detected.
The remaining dependent claims are dependent on claims 4, 6, 26 and 28.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shiratsuchi et al. (Shiratsuchi) (2010/0247085) discloses an optical apparatus (Fig. 1) comprising a first mirror (66) to direct a first portion of light to a first detector (28A). Shiratsuchi discloses a second portion of the light directed to a second detector (28B, para 0038). However, Shiratsuchi does not disclose a second mirror to direct a second portion of the light, and in Shiratsuchi the light detected by the first detector and the second detector are from an observing light source (14) separate from the light source (32) for picking up the image of the object (10) by the image receiving unit (22, para 0044)
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/PETER B KIM/Primary Examiner, Art Unit 2882 July 24, 2026
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