Prosecution Insights
Last updated: October 23, 2026
Application No. 18/986,429

MEASUREMENT SYSTEM, MEASUREMENT METHOD, AND PLASMA PROCESSING DEVICE

Final Rejection §103
Filed
Dec 18, 2024
Priority
Feb 12, 2020 — JP 2020-021614 +2 more
Examiner
FABIAN JR, ROBERTO
Art Unit
Tech Center
Assignee
Tokyo Electron Limited
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
98 granted / 138 resolved
+11.0% vs TC avg
Strong +28% interview lift
Without
With
+28.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
183
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
69.1%
+29.1% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 138 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US6943879B2 (hereinafter Ukon), in view of US10510519B2 (hereinafter Asakura), in view of US 20190273850 A1 (hereinafter Fahringer), and further in view of US 4896965 A (Goff). Regarding claim 1, Ukon teaches a measurement system including an imaging device (fig. 1 element 7, col 4 lines 45-54) and a plasma processing device (this is fig. 1 except element 7) configured to generate plasma (col 4 lines 36-44) from into a processing chamber (fig. 1 element 1 is the chamber wherein the plasma is generated) and a controller (fig. 1 element 9, col 2 lines 40-46), “the controller is configured to estimate a plasma emission intensity with reference to a storage that stores correlation information between the optical information of the plasma and measurement results of the plasma emission intensity” (col 6 claim 2, the optical information of the plasma is the plasma optimal condition data set and measurement results of the plasma emission intensity is the measured data; element 9 stored the data, col 2 lines 44-46;). Ukon does not teach having a plasma generator, a gas supplied, wherein the imaging device has a microlens array and multiple imaging elements, and is configured to generate optical information of the plasma for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of imaged plasma in the processing chamber, and the controller is configured to estimate a plasma emission intensity of the three-dimensional space by converting the generated optical information of the plasma for each space into a plasma emission intensity. Asakura, from the same field of endeavor as Ukon, teaches having a plasma generator (fig. 2 element 118, col 5 lines 33-38) and a gas supplied (fig. 2 element 117, col 5 lines 30-32). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Asakura to Ukon to have having a plasma generator and a gas supplied in order to generate a plasma inside the chamber (col 5 lines 33-38). Ukon, when modified by Asakura, does not teach wherein the imaging device has a microlens array and multiple imaging elements, and is configured to generate optical information of the plasma for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of imaged plasma in the processing chamber, and the controller is configured to estimate a plasma emission intensity of the three-dimensional space by converting the generated optical information of the plasma for each space into a plasma emission intensity. Fahringer, from the same field of endeavor as Ukon, teaches wherein the imaging device has a microlens array and multiple imaging elements (this is shown in fig. 1, microlens array is element 140, fig. 1 is described in para [0024]), and is configured to generate optical information of the plasma (the image material can be a plasma, para [0006] lines 1-6) for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of imaged plasma in the processing chamber (para [0024] lines 7-10 means the microlens array divides the plasma image into each space and obtained by dividing a three-dimensional space where the plasma is generated (para [0030] lines 8-13)) and the controller is configured to estimate a plasma emission intensity of the three-dimensional space by converting the generated optical information of the plasma for each space into a plasma emission intensity (para [0030] lines 8-13 implies Fahringer teaches “the controller is configured to estimate a plasma emission intensity of the three-dimensional space by converting the generated optical information of the plasma for each space into a plasma emission intensity”; fig. 2 element 230 corresponds to the plasma emission intensity). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Fahringer to Ukon, when modified by Asakura, to have wherein the imaging device has a microlens array and multiple imaging elements, and is configured to generate optical information of the plasma for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of imaged plasma in the processing chamber, and the controller is configured to estimate a plasma emission intensity of the three-dimensional space by converting the generated optical information of the plasma for each space into a plasma emission intensity in order to receive and transmit the filtered wavelengths to an image sensor based on an intensity and location of the wavelengths (para [0005] col 2 lines 9-12). Ukon, when modified by Asakura and Fahringer, does not teach wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space. Goff, from the same field of endeavor as Ukon, teaches wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space (col 9 para 1, fig. 3; fig. 4 col 9 para 4; note that the “space” corresponds to the spectrum of the sodium and potassium over the range of concentrations between 0 and 25,000 ppb). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Goff to Ukon, when modified by Asakura and Fahringer, to have wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space in order to increase the accuracy of the measurements. Claim(s) 2, 3, 4, 5, 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukon, Asakura, Fahringer and Goff as applied to claim(s) 1 above, and further in view of US 20130133832 A1 (hereinafter Kuboi). Regarding claim 2, the modified device of Ukon does not teach the measurement system of claim 1, wherein the imaging device is configured to generate the optical information of the plasma under predetermined process conditions from the image data of the plasma generated under the predetermined process conditions, and the controller is configured to convert the generated optical information of the plasma under the predetermined process conditions with reference to the storage that stores the correlation information between the optical information of the plasma for each process condition and the measurement results of the plasma parameter for each process condition. Regarding claim 3, the modified device of Ukon does not teach the measurement system of claim 2, wherein the process conditions include type of the gas supplied into the processing chamber, and further include at least one of a power applied to the processing chamber, a pressure in the processing chamber, a temperature in the processing chamber, or a method for generating plasma in the processing chamber. Regarding claim 4, the modified device of Ukon does not teach the measurement system of claim 3, wherein the process conditions, the optical information of the plasma generated under the process conditions, and the measurement results of the plasma parameter are inputted, as a data set, to a learning machine, and the correlation information outputted from the learning machine is stored in the storage. Regarding claim 5, the modified device of Ukon does not teach the measurement system of claim 4, wherein position information on a three-dimensional space in the processing chamber where the measurement results of the plasma parameter and/or simulation results of the plasma parameter are obtained is combined with the plasma parameter and inputted, as the data set, to the learning machine. Regarding claim 6, the modified device of Ukon does not teach the measurement system of claim 1, wherein the measurement results of the plasma parameter include the plasma parameter obtained by measuring the generated plasma. Regarding claim 7, the modified device of Ukon does not teach the measurement system of claim 1, wherein the measurement results of the plasma parameter include the plasma parameter obtained by simulation. Kuboi, from the same field of endeavor as Samukawa, teaches “the measurement system of claim 1, wherein the imaging device is configured to generate the optical information of the plasma under predetermined process conditions from the image data of the plasma generated under the predetermined process conditions” (Kuboi: Fig. 16 shows element 103 is obtained based on the predetermined process conditions stored in element 101; para [0335] and para [0336]), and “the controller is configured to convert the generated optical information of the plasma under the predetermined process conditions with reference to the storage that stores the correlation information between the optical information of the plasma for each process condition” (Kuboi: Element 15 correlates the data from the OES and the data stored in 101 collected beforehand a shown in Fig. 16; para [0345]) and the measurement results of the plasma parameter for each process condition (Kuboi: the plasma parameters in para [0131] are all considered in the measurement of the OES), the measurement system of claim 2, wherein the process conditions include type of the gas supplied into the processing chamber, and further include at least one of a power applied to the processing chamber, a pressure in the processing chamber, a temperature in the processing chamber, or a method for generating plasma in the processing chamber (para [0370] lines 5-7), “the measurement system of claim 3, wherein the process conditions, the optical information of the plasma generated under the process conditions, and the measurement results of the plasma parameter are inputted, as a data set, to a learning machine, and the correlation information outputted from the learning machine is stored in the storage” (para [0358], this entire limitation is shown in fig. 17; para [0365] line 2; regression analysis is a machine learning), the measurement system of claim 4, wherein position information on a three-dimensional space (para [0128-0129]) in the processing chamber where the measurement results of the plasma parameter (fig. 3, para [0122]) and/or simulation results of the plasma parameter are obtained is combined with the plasma parameter and inputted, as the data set, to the learning machine (fig. 17, para [0365] line 2; regression analysis is a machine learning), the measurement system of claim 1, wherein the measurement results of the plasma parameter include the plasma parameter obtained by measuring the generated plasma (fig. 7 “S34”, para [0393], the cross-checks indicate the correlation between plasma parameters from step 31 and simulator 4 parameters), and the measurement system of claim 1, wherein the measurement results of the plasma parameter include the plasma parameter obtained by simulation (fig. 7 “S34”, para [0393], the cross-checks indicate the correlation between plasma parameters from step 31 and simulator 4 parameters). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Kuboi to the modified device of Ukon to have the measurement system of claim 1, wherein the imaging device is configured to generate the optical information of the plasma under predetermined process conditions from the image data of the plasma generated under the predetermined process conditions, and the controller is configured to convert the generated optical information of the plasma under the predetermined process conditions with reference to the storage that stores the correlation information between the optical information of the plasma for each process condition and the measurement results of the plasma parameter for each process condition and the measurement system of claim 2, wherein the process conditions include type of the gas supplied into the processing chamber, and further include at least one of a power applied to the processing chamber, a pressure in the processing chamber, a temperature in the processing chamber, or a method for generating plasma in the processing chamber, the measurement system of claim 3, wherein the process conditions, the optical information of the plasma generated under the process conditions, and the measurement results of the plasma parameter are inputted, as a data set, to a learning machine, and the correlation information outputted from the learning machine is stored in the storage, the measurement system of claim 4, wherein position information on a three-dimensional space in the processing chamber where the measurement results of the plasma parameter and/or simulation results of the plasma parameter are obtained is combined with the plasma parameter and inputted, as the data set, to the learning machine, the measurement system of claim 1, wherein the measurement results of the plasma parameter include the plasma parameter obtained by measuring the generated plasma, and the measurement system of claim 1, wherein the measurement results of the plasma parameter include the plasma parameter obtained by simulation in order to predict the amount of damage due to ultraviolet rays in manufacturing a semiconductor device (Kuboi: see para [0001] lines 1-4). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukon, Fahringer, and Goff. Regarding claim 8, Ukon teaches a measurement method for measuring plasma generated from a gas supplied into a processing chamber of a plasma processing device, comprising: generating optical information of the plasma (this is claim 2); and estimating a plasma emission intensity (claim 2) into “a plasma emission intensity with reference to a storage that stores correlation information between the optical information of the plasma and measurement results of the plasma emission intensity” (claim 2 lines 12-13 “comparing the measured data with a plasma optimal condition data set”). Ukon does not teach “for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of the plasma in the processing chamber that is imaged by an imaging device, the imaging device having a microlens array and multiple imaging elements” and “three-dimensional space by converting the generated optical information of the plasma for each space”. Fahringer, from the same field of endeavor as Ukon, teaches “for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of the plasma in the processing chamber that is imaged by an imaging device, the imaging device having a microlens array and multiple imaging elements” (this is shown in fig. 1, microlens array is element 140, fig. 1 is described in para [0024]; para [0024] lines 7-10 means the microlens array divides the plasma image into each space and obtained by dividing a three-dimensional space where the plasma is generated (para [0030] lines 8-13); para [0030] lines 8-13 implies Fahringer teaches “the controller is configured to estimate a plasma emission intensity of the three-dimensional space by converting the generated optical information of the plasma for each space into a plasma emission intensity”; fig. 2 element 230 corresponds to the plasma emission intensity). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Fahringer to Ukon to have “for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of the plasma in the processing chamber that is imaged by an imaging device, the imaging device having a microlens array and multiple imaging elements” and “three-dimensional space by converting the generated optical information of the plasma for each space” in order to determining light intensities of the plurality of different spectra for respective super-pixel groups in the image data and derive one or more additional quantitative measurements of an imaged material from a comparison of the determined intensities of light of two or more of the plurality of different characteristics (para [0007] lines 14-20). Ukon, when modified by Fahringer, does not teach wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space. Goff, from the same field of endeavor as Ukon, teaches wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space (col 9 para 1, fig. 3; fig. 4 col 9 para 4; note that the “space” corresponds to the spectrum of the sodium and potassium over the range of concentrations between 0 and 25,000 ppb). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Goff to Ukon, when modified by Fahringer, to have wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space in order to increase the accuracy of the measurements. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukon, Asakura, Fahringer, and Goff. Regarding claim 9, Ukon teaches a plasma processing device (this is fig. 1 except element 7) with a processing chamber (fig. 1 element 1 is the chamber wherein the plasma is generated) and a controller (fig. 1 element 9, col 2 lines 40-46),“wherein the controller is configured to estimate a plasma emission intensity with reference to a storage that stores correlation information between the optical information of the plasma for each space and measurement results of the plasma emission intensity” (col 6 claim 2, the optical information of the plasma is the plasma optimal condition data set and measurement results of the plasma emission intensity is the measured data; element 9 stored the data, col 2 lines 44-46). Ukon does not teach having a plasma generator configured to generate plasma from a gas supplied, “obtain the optical information of the plasma for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of the plasma in the processing chamber that is imaged by an imaging device, the imaging device having a microlens array and multiple imaging elements, and “the three-dimensional space by converting the optical information of the plasma for each space into a plasma emission intensity”. Asakura, from the same field of endeavor as Ukon, teaches having a plasma generator (fig. 2 element 118, col 5 lines 33-38) configured to generate plasma from a gas supplied (fig. 2 element 117, col 5 lines 30-32). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Asakura to Ukon to have having a plasma generator and a gas supplied in order to generate a plasma inside the chamber (col 5 lines 33-38). having a plasma generator configured to generate plasma from a gas supplied Ukon, when modified by Asakura, does not teach “obtain the optical information of the plasma for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of the plasma in the processing chamber that is imaged by an imaging device, the imaging device having a microlens array and multiple imaging elements”, and “the three-dimensional space by converting the optical information of the plasma for each space into a plasma emission intensity”. Fahringer, from the same field of endeavor as Ukon, teaches obtain the optical information of the plasma (the image material can be a plasma, para [0006] lines 1-6) for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of the plasma in the processing chamber that is imaged by an imaging device (para [0024] lines 7-10 means the microlens array divides the plasma image into each space and obtained by dividing a three-dimensional space where the plasma is generated (para [0030] lines 8-13)), the imaging device having a microlens array and multiple imaging elements (para [0024] lines 7-10 means the microlens array divides the plasma image into each space and obtained by dividing a three-dimensional space where the plasma is generated (para [0030] lines 8-13)) and “the three-dimensional space by converting the optical information of the plasma for each space into a plasma emission intensity” (para [0030] lines 8-13 implies Fahringer teaches “the three-dimensional space by converting the optical information of the plasma for each space into a plasma emission intensity”; fig. 2 element 230 corresponds to the plasma emission intensity). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Fahringer to Ukon, when modified by Asakura, to have “obtain the optical information of the plasma for each space obtained by dividing a three-dimensional space where the plasma is generated in the processing chamber from image data of the plasma in the processing chamber that is imaged by an imaging device, the imaging device having a microlens array and multiple imaging elements”, and “the three-dimensional space by converting the optical information of the plasma for each space into a plasma emission intensity” in order to determining light intensities of the plurality of different spectra for respective super-pixel groups in the image data and derive one or more additional quantitative measurements of an imaged material from a comparison of the determined intensities of light of two or more of the plurality of different characteristics (para [0007] lines 14-20). Ukon, when modified by Asakura and Fahringer, does not teach wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space. Goff, from the same field of endeavor as Ukon, teaches wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space (col 9 para 1, fig. 3; fig. 4 col 9 para 4; note that the “space” corresponds to the spectrum of the sodium and potassium over the range of concentrations between 0 and 25,000 ppb). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Goff to Ukon, when modified by Asakura and Fahringer, to have wherein the correlation information includes a calibration curve indicating a correlation between the optical information of the plasma for each space and the measurement results of the plasma emission intensity for the corresponding space in order to increase the accuracy of the measurements. 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 ROBERTO FABIAN JR whose telephone number is (571)272-3632. The examiner can normally be reached M-F (8-12, 1-5). 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, 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. 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. /ROBERTO FABIAN JR/Examiner, Art Unit 2877 /Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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Prosecution Timeline

Dec 18, 2024
Application Filed
May 27, 2026
Non-Final Rejection mailed — §103
Aug 07, 2026
Response Filed
Oct 08, 2026
Final Rejection mailed — §103 (current)

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