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 .
DETAILED ACTION
Preliminary Amendment
The preliminary amendment filed on 01/17/2025 has been entered into this application. Claims 1-10 are cancelled. Claims 11-19 have been added.
Information Disclosure Statement
The information disclosure statement filed on 01/17/2025 and 11/24/2025 has been entered and considered by the examiner.
Drawings
The drawings filed on 01/17/2025, has been accepted for examination.
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.
Claims 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Srocka EP3812697 (A1); using Published as US2022/0390355A1
Regarding claims 11 and 14, Srocka discloses an imaging ellipsometer (figs. 1, 4 and 7) for areal layer thickness measurement of a sample/method using an imaging ellipsometer with a monochromatic light source a light source 111, a polarizer 190, an angle-selective lens a lens 50, and a polarization camera 221 for areal layer thickness measurement of a sample object 20, the imaging ellipsometer comprising:
a monochromatic light source a light source 111 configured to shine light onto the sample object 20,
a polarizer 190 configured to polarize the light emitted by the light source light source 111 (figs. 1 and 4) [pars. 0063], the polarizer 190 is arranged between the sample object 20 and the polarization camera 221 to change the polarization of the light, with a principal optical axis of the polarizer that is rotated by some certain degree(s) with respect to a light plane, which is configured to convert certain linear polarization orientations of the light into circular polarization orientations and the ellipsometer 5 is adapted to calculate a layer-thickness-dependent ratio of the detected light intensities using equations
RZ = (IR-IL) /(IR+IL) and
R45 = (I45 - I-45) /(I45+I-45),
where IR is an intensity of light in the right-hand circular polarization orientation, IL is an intensity of light in the left-hand circular polarization orientation, I45 is an intensity of light in the linear 450 polarization orientation, and I-45 is an intensity of light in the linear 135° polarization orientation (figs. 1 and 4),
an angle-selective lens a lens 50, wherein the light reflected by the sample passes through the angle-selective lens the lens 50, and
a polarization camera 221 the combination analyzer and detector) serving to change the polarization of light [pars. 0044, 0057], onto which the light reflected by the sample strikes, wherein the polarization camera having polarization filters is camera 221 with integrated polarization filters (not shown) as ellipsometry sensor 220 for a sensor beam 520 formed as an ellipsometry signal [pars. 0116] [pars. 0074, 0100, 0116 and 0122] such as (in 00, 450, 900 and 1350 orientations) and being adapted to polarize the light emitted from the light source 111 into linear polarization orientations and to detect and measure the light intensities thereof [pars. 0096-0100] (Srocka, claims 17 and 19).
Srocka to explicitly specify wherein a quarter-wave plate is arranged between the sample and the polarization camera to change the polarization of the light.
However, even though, Srocka fails to teach and specify the constructional changes that the polarizer is a quarter-wave plate, the constructional changes of polarizer as being quarter-wave plate is/are considered obvious, since Srocka teaches of polarizer for polarization of light beam which can only be a quarter wave plate since the primary function of the quarter wave plate used is to convert linearly polarized light into circularly polarized light (and vice versa), and since a half wave plate cannot create circular polarization, reliance on the knowledge of one of ordinary skill in the art at the time the invention was made or before the effective filing date of the claimed invention in order to provide an enabling disclosure, In re BODE et al, 193 USPQ 12 at 16 (CCPA, 1977). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Srocka polarizer as desired appropriate such as in the manner set forth in applicant’s claims 11 and 14 by using a quarter wave plate as the polarizer since the primary function of the quarter wave plate as a polarizer is to convert linearly polarized light into circularly polarized light (and vice versa) is well known in the art.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Srocka polarizer as desired appropriate such as in the manner set forth in applicant’s claims 11 and 14, in view of Srocka teaching and suggestion of polarizer, by using or providing a quarter wave plate as the Srocka polarizer since the primary function of the quarter wave plate as a polarizer in order to convert linearly polarized light into circularly polarized light (and vice versa) is known in the art, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
For the purposes of clarity, the method claim 14 is taught/suggested by the functions shown/stated/set forth with regards to the system claim(s) as rejected above as being unpatentable over Srocka. In addition, Applicant’s attention is respectfully requested to Zawaideh et al. (2023/0010806 A1; [par. 0030]), which further solidifies examiner’s position that quarter wave plate is known in the art to be is used as polarizer for convert linearly polarized light into circularly polarized light (and vice versa), and it would have been at least obvious to one having ordinary skill in the art at the time of the invention was made or before the effective filing date of the claimed invention to a person having ordinary skill in the art to reasonably modify Srocka polarizer by using or providing a quarter wave plate as the Srocka polarizer since the primary function of the quarter wave plate as a polarizer is to convert linearly polarized light into circularly polarized light (and vice versa).
As to claim 12, Srocka also teaches of measuring beam directed onto the object surface 40 of the object surface is focused onto the imaging area by the lens 50 [pars. 0119-120] disposed behind the polarizer 190 and/or between the light source 111 and the sample 20, as applied to claim 11.
Srocka fail to specify wherein the lens 50 is a collimating optical system, optionally comprising cylindrical lenses, which is disposed behind the polarizer and/or between the light source and the sample and collimates the beams of polarized light onto the sample.
However, even though, Srocka fail to teach the constructional changes in the device/system of claim 11, as that claimed by Applicants claim(s) 12, the constructional changes difference(s) is/are considered obvious design adjustment and variation of using focusing lens(se) in view of Srocka teaches of focused onto the imaging area by the lens 50.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Srocka lens 50 by substitution as desired appropriate such as in the manner set forth in applicant’s claim(s) 12, in view of Srocka teaching and suggestion of using focusing lens, by substituting Srocka lens with a collimating optical system, optionally comprising cylindrical lenses, since part of the primary function of the cylindrical lenses is to focus light in only one dimension instead of all directions or converting point sources into lines.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Srocka lens 50 by substitution as desired appropriate such as in the manner set forth in applicant’s claim(s) 12, in view of Srocka teaching and suggestion of using focusing lens, by substituting Srocka lens with a collimating optical system, optionally comprising cylindrical lenses, in order to accurately focus light in only one dimension instead of all directions or converting point sources into lines, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954)
As to claim 13, Srocka further teaches of wherein a sensor ellipsometry sensor 220/221 or a detector unit 250/scan camera 251 plane of the polarization camera is located at an angle with respect to a light beam incident in the polarization camera as can be seen in depicted drawing (figs. 1,4 and 7).
Claims 15, 16, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Srocka (EP3812697 (A1); using Published as US2022/0390355A1) in view of Sturgill (7,385,710 B1).
As to claims 15, 16, 18 and 19, Srocka further teaches of wherein a sensor ellipsometry sensor 220/221 or a detector unit 250/scan camera 251 is/are use for the method and device for measuring the profile of the surface of an object and/or sample (see abstract), further teaches that the ellipsometer use of sensors for generating profile and/or height data of the inspected structures [pars. 0005] and for determining substrate thickness accurately [par. 0056], comprising a polarization camera 221 the combination analyzer and detector) serving to change the polarization of light [pars. 0044, 0057], as applied to claims 11 and 14.
Srocka fail to teach the constructional changes of specifying the type of sample or object in the device/method of claims 11 and 14, as that claimed by Applicants claims 15, 16, 18 and 19, such as; wherein the sample is a cylinder with a layer thickness to be measured and a cylinder axis which is rotated by 0° or 90° with respect to the light plane, wherein the light emitted by the light source and subsequently polarized by the polarizer shines parallel or normal onto the cylinder axis of the sample (claim 15); wherein the sample is a transparent cylinder having a layer thickness to be measured, wherein light reflected from an inner wall side of the sample and light reflected from an outer wall side of the sample is detected separately by the polarization camera or, in the case of thin-walled transparent cylinders, is detected together (claim 16); wherein the polarization camera acquires and evaluates additional reflection or a plurality of additional reflections of the light beam from a rear wall of the sample which is arranged farthest away with respect to the polarization camera (claim 18); and wherein the detection of the light reflected by the sample by the polarization camera takes place during a rotational movement of the sample (claim 19).
Sturgill from the same field of endeavor teaches of the concept of using an ellipsometer for measuring the thickness of a tubular object is widespread and known in the art, Sturgill (Sturgill, col. 4, lines 20-30, and claim 4), and discloses a measurement with the cylinder axis rotated through 0o, or 90o, verse versa the light plane and a measurement with light polarized parallel of normal to the cylinder axis, taking the thickness measurement while the object/sample rotates.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Srocka sample/object since the concept of using an ellipsometer for measuring the thickness of a tubular object is widespread and known in the art, as evidenced by Sturgill (Sturgill, col. 4, lines 20-30, and claim 4) in order to determine and measure accurately the thickness substrate/sample/object, in the manner set forth in applicant’s claims, in view of the teaching of Sturgill in order to enhanced accurate detection of the thickness measurement while the object/sample rotates, as per teachings of Sturgill (Sturgill, col. 4, lines 20-30, and claim 4), since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Srocka (EP3812697 (A1); using Published as US2022/0390355A1) in view of Gao (8,169,612 B2).
As to claim 17, Srocka further teaches of wherein a sensor ellipsometry sensor 220/221 or a detector unit 250/scan camera 251 is/are use for the method and device for measuring the profile of the surface of an object and/or sample (see abstract), further teaches that the ellipsometer use of sensors for generating profile and/or height data of the inspected structures [pars. 0005] and for determining substrate thickness accurately [par. 0056], comprising a polarization camera 221 the combination analyzer and detector) serving to change the polarization of light [pars. 0044, 0057], as applied to claims 11 and 14.
Srocka fail to teach the constructional changes of specifying the type of sample or object in the device/method of claims 11 and 14, as that claimed by Applicants claim 17, such as; wherein the sample is a flexible film, the measurement being carried out on a deflection roller, on which the film is rolled or deflected, on a cylindrical surface.
Gao from the same field of endeavor teaches of the concept of using an ellipsometer to measure the thickness of a film rolling off a cylindrical deflection roller is known in the art, Gao (Gao, col. 3, lines 32-58, (fig. 2)), in order to enhanced and accurately characterize film thickness or the properties of the film.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Srocka sample/object since the concept of using an ellipsometer for measuring the thickness or properties of film is known in the art, as evidenced by Gao (Gao, col. 3, lines 32-58, (fig. 2)) in order to determine and measure accurately the thickness or properties of the film as the substrate/sample/object, in the manner set forth in applicant’s claim(s), in view of the teaching of Gao in order to enhanced and accurately characterize film thickness or the properties of the film, as per teachings of Gao (Gao, col. 3, lines 32-58, (fig. 2)), since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed in the attached form PTO-892 teach of other prior art system/method for areal layer thickness measurement of a sample/method using an imaging ellipsometer with a monochromatic light source.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877
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