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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-15 (Invention I) in the reply filed on June 2, 2026 is acknowledged.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: emission apparatus in claims 1, 4, 6, 10, and 13; positioning apparatus in claims 6, 7, and 12; and ion implantation system in claim 11.
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.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 15 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Perel et al. (7,078,712).
As for claim 1, Perel in an in-situ monitoring of an ion implanter discloses/suggests the following: a workpiece characterization system (FIG. 3: 300) comprising: a workpiece support having a support surface configured to selectively support a semiconductor workpiece thereon (FIG. 3: 352 with 308), wherein the semiconductor workpiece comprises a workpiece surface having one or more attributes (FIG. 3: 308 with col. 2: lines 30-45: noting the attributes as having particles, scratches, features, feature damage); an emission apparatus configured to emit a coherent light beam onto the workpiece surface and to scatter the coherent light beam from the workpiece surface to define a scattered light beam distribution based, at least in part, on the one or more attributes (FIG. 3: 322); a receiver apparatus configured to sense the scattered light beam distribution (FIG. 3: 328 with 360 treating a scattering pattern as a scattered light beam distribution: col. 4, lines 45-65 and col. 8, lines 5-20); and a controller configured to determine one or more characteristics of the semiconductor workpiece based, at least in part, on the scattered light beam distribution (FIG. 3: 329 with 330: treating characteristics and attributes as related: with col. 2: lines 30-45: noting the attributes as having particles, scratches, features, feature damage)
As for claims 2-3, Perel discloses/suggests everything as above (see claim 1). In addition, Perel discloses/suggests the following: wherein the one or more characteristics of the semiconductor workpiece comprise one or more of an orientation of the semiconductor workpiece with respect to the workpiece support and a physical condition of the semiconductor workpiece (claim 2) (physical condition: col. 2: lines 30-45: noting the attributes as having particles, scratches, features, feature damage) and wherein the one or more characteristics of the semiconductor workpiece comprise one or more of a plurality of features defined on the workpiece surface, a location of the plurality of features on the workpiece surface, a condition of the plurality of features, and a contaminant on the workpiece surface (claim 3)(condition of the plurality of features and a contaminant on the workpiece surface: col. 2: lines 30-45: noting the attributes as having particles, scratches, features, feature damage).
As for claim 15, Perel discloses/suggests everything as above (see claim 1). In addition, Perel discloses/suggests the following wherein the receiver apparatus comprises one or more of a laser sensor or an image sensor (col. 8, lines 5-20).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Perel et al. (7,078,712).
As for claim 14, Perel discloses/suggests everything as above (see claim 1). Perel is silent concerning wherein the emission apparatus comprises a laser having a predetermined wavelength selected from a range between approximately 400nm and approximately 700nm. Nevertheless, the examiner takes official notice that it is well known in the art of defect detection to use a laser with the visible wavelength range in order to view the scattering of defects.
Allowable Subject Matter
Claims 4-13 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: please refer to the attached PTO-892.
Fax/Telephone Numbers
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gordon J. Stock, Jr. whose telephone number is (571) 272-2431.
The examiner can normally be reached on Monday-Friday, 10:00 a.m. - 6:30 p.m.
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supervisor, Kara Geisel, can be reached at 571-272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GORDON J STOCK JR/
Primary Examiner, Art Unit 2877
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