Prosecution Insights
Last updated: July 17, 2026
Application No. 18/955,224

METHOD OF USING LITHOGRAPHY APPARATUS

Non-Final OA §102§103
Filed
Nov 21, 2024
Priority
Dec 27, 2023 — RE 10-2023-0193579 +1 more
Examiner
ASFAW, MESFIN T
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
808 granted / 976 resolved
+14.8% vs TC avg
Moderate +14% lift
Without
With
+14.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
24 currently pending
Career history
1006
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
78.0%
+38.0% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
0.2%
-39.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 976 resolved cases

Office Action

§102 §103
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 § 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) 1-8 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. [US 20170045826 A1, hereafter Lee]. As per Claim 1, Lee teaches a method of using a lithography apparatus 101 (See fig. 1A, Para 73), comprising: placing a patterning device 108 and a substrate 112 in the lithography apparatus; irradiating, by the lithography apparatus, a first region of the substrate with a diffraction light (Para 73); and increasing an optical path difference (OPD) of the diffraction light on the first region (Para 93, wherein diffracted beam 308 such that the optical paths of the diffracted beams 306,308 are asymmetrically incident on the sample 112), wherein the diffraction light includes a first diffraction light and a second diffraction light (See fig. 3A), wherein the OPD is a difference in an optical path of the first diffraction light and an optical path of the second diffraction light (Para 93), wherein the lithography apparatus includes: an illumination source 102 configured to emit a light beam that is used as the diffraction light 104 (Para 90); a substrate table 114 (shown in fig. 1A) supporting the substrate 112; a supporting structure (mask support device 106) that supports the patterning device 108 and is optically connected to the illumination source (Para 79-80); and a projection part (projection optics 110) that is optically connected to the supporting structure and is configured to irradiate the substrate with the first diffraction light and the second diffraction light (Para 90-91), and wherein the illumination source includes a monopole source (MPS) (Para 74, wherein the illumination source 102 may include, but is not limited to, a single-pole illumination source). As per Claim 2, Lee teaches the method of claim 1, wherein the increasing the OPD of the diffraction light on the first region comprises increasing a pattern shift on the first region (Para 101, wherein the pitch of one or more pattern elements on pattern mask 108 may be adjusted to control the asymmetry of illumination on the sample 112 and thus the sensitivity of the corresponding printed pattern elements to deviations of the focal position of the sample 112). As per Claim 3, Lee teaches the method of claim 1, further comprising a controller configured to control movement of the substrate table and gather data (Para 106). As per Claim 4, Lee teaches the method of claim 3, further comprising obtaining, by the controller, a first graph showing a pattern shift amount on the first region of the substrate caused by a defocusing of the diffraction light (See fig. 6). As per Claim 5, Lee teaches the method of claim 4, wherein the obtaining the first graph comprises changing the optical path of the first diffraction light (Para 102). As per Claim 6, Lee teaches the method of claim 4, further comprising: comparing, by the controller, data on the substrate without any pattern shift with data on the substrate with the pattern shift; and obtaining, by the controller, a second graph showing a change in the pattern shift caused by a change in a focal length of the diffraction light, wherein a slope of the second graph is greater than a slope of the first graph (Para 102). As per Claim 7, Lee teaches the method of claim 1, wherein the lithography apparatus is configured to execute an exposure operation through one from among reflection-type and transmission-type exposure methods (Para 76). As per Claim 8, Lee teaches the method of claim 4, wherein the patterning device includes a plurality of patterns, and wherein the obtaining of the first graph comprises changing a pitch of the plurality of patterns such that a slope of the first graph is increased (Para 104). As per Claim 16, Lee teaches a method of using a lithography apparatus 101 (See fig. 1A, Para 73), the method comprising: placing a patterning device (a pattern mask 108) and a substrate 112 in the lithography apparatus; irradiating, by the lithography apparatus, the substrate with a light beam (See fig. 1A, Para 75); causing a pattern shift on the substrate (See fig. 3B); and increasing an amount of the pattern shift (See fig. 3E), wherein the lithography apparatus includes: an illumination source 102 configured to emit the light beam (Para 74); an illuminator optically connected to the illumination source and configured to control the light beam (See fig. 1A); a substrate table 114 supporting the substrate 112 (Para 75); a supporting structure 106 supporting the patterning device 108; and a projection part 110 optically connected to the supporting structure and configured to irradiate the substrate with diffraction light (Para 75), and wherein the illumination source includes a monopole source (MPS) (Para 74, wherein the illumination source 102 may include, but is not limited to, a single-pole illumination source). As per Claim 17, Lee teaches the method of claim 16, wherein the light beam passes through the patterning device such as to form the diffraction light, wherein the diffraction light includes a first diffraction light and a second diffraction light, and wherein the increasing the amount of the pattern shift comprises increasing a difference in an optical path of the first diffraction light and an optical path of the second diffraction light (See fig. 3A). As per Claim 18, Lee teaches the method of claim 16, wherein the increasing the amount of the pattern shift comprises increasing the amount of the pattern shift based on comparing a pattern with a pattern shift with a pattern without a pattern shift (See fig. 3B). As per Claim 19, Lee teaches the method of claim 16, wherein the lithography apparatus is configured to execute an exposure process through one from among reflection-type and transmission-type exposure methods (Para 76). As per Claim 20, Lee teaches the method of claim 16, wherein the lithography apparatus further includes an aperture configured to control a profile of the light beam, and wherein the increasing the pattern shift comprises controlling at least one from among the aperture and the patterning device such that the pattern shift is increased (See fig. 3E). 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) 9-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Nakao et al. [US 20030031943 A1, hereafter Nakao]. As per Claims 9, 11 and 12, Lee teaches a method of using a lithography apparatus 101 (See fig. 1A, Para 73), the method comprising: placing a patterning device 108 and a substrate 112 in the lithography apparatus; irradiating, by the lithography apparatus, the substrate with a diffraction light (Para 73); and increasing a pattern shift amount on the substrate (Para 93, wherein diffracted beam 308 such that the optical paths of the diffracted beams 306,308 are asymmetrically incident on the sample 112), wherein the diffraction light includes a first diffraction light and a second diffraction light (See fig. 3A), wherein the lithography apparatus comprises: an illumination source 102 configured to emit a light beam to be used as the diffraction light 104 (Para 90); a substrate table 114 (shown in fig. 1A) supporting the substrate 112; a supporting structure (mask support device 106) supporting the patterning device and optically connected to the illumination source (Para 79-80); and a projection part (projection optics 110) optically connected to the supporting structure and configured to irradiate the substrate with the diffraction light (Para 90-91), wherein the illumination source includes a monopole source (MPS) (Para 74, wherein the illumination source 102 may include, but is not limited to, a single-pole illumination source), and wherein the increasing the pattern shift amount on the substrate comprises changing an optical path of the first diffraction light (Para 101, wherein the pitch of one or more pattern elements on pattern mask 108 may be adjusted to control the asymmetry of illumination on the sample 112 and thus the sensitivity of the corresponding printed pattern elements to deviations of the focal position of the sample 112). Lee does not explicitly teach wherein the projection part includes an aperture that is configured to control a profile of the diffraction light, Nakao teaches a group of rays (of the blank arrows) is diffracted in the direction to the outside of pupil plane aperture 25, and the other group of rays (of the painted arrows) is diffracted toward the inside of pupil plane aperture 25. In an image formed by the group of rays diffracted toward the outside of pupil plane aperture 25, due to decrease in the amount of diffracted light contributing to formation of an image, the amplitude of the image (energy density) decreases. On the other hand, an image formed by the group of rays diffracted toward the inside of pupil plane aperture 25 has a large amplitude due to increase in the amount of diffracted light contributing the formation of an image (See fig. 4, Para 63). Therefore, it would have been obvious to one of ordinary skill in the art at time the invention was made to incorporate an aperture element as claimed in the projection system of Lee in order to focus a patterning beam in a desired direction. As per Claim 10, Lee in view of Nakao teaches the method of claim 9. Lee further disclosed wherein the substrate further includes a second region that is not overlapped with the first region, and wherein the method further comprises: measuring a pattern shift amount on the second region, and measuring a defocusing amount on the second region (See claim 8). As per Claim 13, Lee in view of Nakao teaches the method of claim 11. Lee further disclosed wherein the increasing the pattern shift amount on the substrate further comprises changing an optical path of the second diffraction light (Para 129). As per Claim 14, Lee in view of Nakao teaches the method of claim 13. Lee further disclosed wherein the patterning device includes a plurality of patterns, and the changing the optical path of the second diffraction light comprises passing the light beam through a different pattern from among the plurality of patterns (See fig. 3A). As per Claim 15, Lee in view of Nakao teaches the method of claim 11. Lee further disclosed wherein the lithography apparatus further includes an illuminator configured to control an intensity distribution of the light beam, wherein the illuminator includes a pupil unit configured to control uniformity and intensity of the light beam, wherein the pupil unit includes a pupil plane, and wherein the second diffraction light passes through a center of the pupil plane (Para 140). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MESFIN ASFAW whose telephone number is (571)270-5247. The examiner can normally be reached Monday - Friday 8 am - 4 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, Toan Ton can be reached at 571-272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MESFIN T ASFAW/ Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Nov 21, 2024
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12681392
CYCLIC EXPOSURE SCANNING SYSTEM HAVING DISTRIBUTED MULTI-LENS AND METHOD THEREOF
2y 3m to grant Granted Jul 14, 2026
Patent 12675050
Apparatus and method for laser interference structuring of substrates with periodic dot structures for anti-reflection properties
2y 6m to grant Granted Jul 07, 2026
Patent 12675053
STRUCTURE, EXPOSURE APPARATUS, AND ARTICLE MANUFACTURING METHOD
2y 1m to grant Granted Jul 07, 2026
Patent 12675054
COATING AND DEVELOPING DEVICE
2y 4m to grant Granted Jul 07, 2026
Patent 12669755
IMAGING OPTICAL UNIT
2y 7m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
97%
With Interview (+14.1%)
2y 8m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 976 resolved cases by this examiner. Grant probability derived from career allowance 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