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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
MPEP § 2111.01 states that “… Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. The ordinary and customary meaning of a term may be evidenced by a variety of sources, including the words of the claims themselves, the specification, drawings, and prior art. However, the best source for determining the meaning of a claim term is the specification - the greatest clarity is obtained when the specification serves as a glossary for the claim terms …”. Thus under a broadest reasonable interpretation, the greatest clarity is obtained when the specification (e.g., see “… measurement signals reflected by the inspection target DT. The processing device 3 includes a plurality of measurement tools, and is used to analyze the various measurement signals. Here, the various measurement signals include reflected light, scattered light, and diffraction light of the X-ray, or fluorescence released from the inspection target DT when being excited by the X-ray …” in paragraph 31) serves as a glossary for the claim term “a plurality of measurement signals generated from reflection of the plurality of X-ray beams by the inspection target”.
The specification (e.g., see “… properties of the spectral curve include a curve slope or a specific peak pitch. The spectral curves in FIG. 5 to FIG. 7 are different from one another. That is, for the X-ray beams having different energy ranges, the obtained thickness, density, or roughness of each material layer is also different … processing device 3 operates the electromagnetic wave computation engine that corresponds to each fitting model FM, and performs a spectrum fitting analysis on a corresponding one of the measurement signals according to the target architecture TS, so as to obtain a corresponding to-be-optimized fitting result …” in
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and paragraphs 41 and 43) serves as a glossary for the claim term “a spectrum fitting analysis on the plurality of measurement signals respectively by the plurality of fitting models, so as to generate a plurality of to-be-optimized fitting results”.
The specification (e.g., see “… two sequences for the thickness of each material layer (which are generated by the fitting analysis) are two to-be-optimized fitting results. The quantity of the material layers in the present embodiment is not limited to six, and values generated after the spectrum fitting analysis are not limited to the thickness of each material layer … the two sequences for the thickness of each material layer are counted to generate a fitting range (i.e., the parameter fitting range) for the thickness of each material layer. For example, a thickness range of the first material layer ML1 ranges between 20 and 60 …” in paragraphs 50 and 53) serves as a glossary for the claim term “counting the plurality of to-be-optimized fitting results to generate a plurality of parameter fitting ranges”.
The specification (e.g., see “… Within the fitting range for the thickness of each material layer, different permutations and combinations of the thickness are generated from random numbers. For example, generation of the set of to-be-verified parameters includes the two sequences, and each value in each sequence is selected from the parameter fitting range of each material layer. …” in paragraph 54) serves as a glossary for the claim term “generating a set of to-be-verified parameters according to the plurality of parameter fitting ranges”.
The specification (e.g., see “… inputting the set of to-beverified parameters into the fitting models to generate a plurality of to-be-verified fitting results and a plurality of second errors COSTX’1 to COSTX’n and a plurality of second variances Δp’1 to Δp’n that correspond to the to-beverified fitting results; comparing the second errors COSTX’1 to COSTX’n with the first errors COSTX1 to COSTXn respectively; and comparing the second variances Δp’1 to Δp’n with the first variances Δp1 to Δpn respectively … second errors COSTX’1 to COSTX’n are respectively less than the first errors COSTX1 to COSTXn and the second variances Δp’1 to Δp’n are respectively less than the first variances Δp1 to Δpn, the optimization condition is determined to be satisfied …” in paragraphs 57 and 60) serves as a glossary for the claim term “inputting the set of to-be-verified parameters into the plurality of fitting models to verify an accuracy of the set of to-be-verified parameters, adjusting the set of to-be-verified parameters according to the accuracy and the plurality of parameter fitting ranges until an optimization condition is satisfied”.
The specification (e.g., see “… As shown in FIG. 9, the material layers in the second fitting model are divided into an n number of the independent computation sets and an N number of the binding computation sets, and n is greater than N …” in
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and paragraph 45) serves as a glossary for the claim term “in a second fitting model of the plurality of fitting models, the plurality of material layers are divided into an n number of the independent computation sets and an N number of the binding computation sets”.
The specification (e.g., see “… As shown in FIG. 10, the material layers in the third fitting model are divided into an m number of the independent computation sets and an M number of the binding computation sets …” in
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and paragraph 45) serves as a glossary for the claim term “in a third fitting model of the plurality of fitting models, the plurality of material layers are divided into an m number of the independent computation sets and an M number of the binding computation sets”.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 of this title, 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) 1-5 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agnihotri et al. (US 7,103,142) in view of Shchegrov et al. (US 2019/0212281).
In regard to claim 1, Agnihotri et al. disclose an X-ray measurement method, comprising: generating a plurality of X-ray beams by at least one X-ray source, and irradiating an inspection target (e.g., “… system 20 for X-ray reflectometry (XRR) of a sample 22 … X-ray source 26 irradiates a small area 28 on sample 22 …” in the eighth column 7 paragraph); using an optical receiver to collect a plurality of measurement signals generated from reflection of the plurality of X-ray beams by the inspection target (e.g., “… reflected beam 29 of X-rays from sample 22 is collected by a detector assembly 30. Typically, assembly 30 collects reflected X-rays over a range of reflection angles between about 0° and 5° …” in the nineth column 7 paragraph); and using a processing device to execute processes (e.g., “… processor 40 comprises a general-purpose computer processor, which performs the functions described hereinbelow under the control of suitable software …” in the last column 7 paragraph) of:
(a) establishing a plurality of fitting models according to a target architecture of the inspection target (e.g., “… FFT (Fast Fourier Transform) block 54: An FFT-based model-fitting method …” in the last column 8 paragraph);
(b) performing a spectrum fitting analysis on the plurality of measurement signals respectively by the plurality of fitting models, so as to generate a plurality of to-be-optimized fitting results (e.g., “… generating a "coarse approximation" model using the FFT-based fitting method, …” in the third column 10 paragraph);
(c) counting the plurality of to-be-optimized fitting results to generate a plurality of parameter fitting ranges (e.g., “… range about the initial condition over which the model parameters are permitted to vary during the operation of GA block 56 may also be restricted in order to reduce the time …” in the third column 10 paragraph); and
(d) generating a set of to-be-verified parameters according to the plurality of parameter fitting ranges (e.g., “… range about the initial condition over which the model parameters are permitted to vary during the operation of GA block 56 may also be restricted in order to reduce the time …” in the third column 10 paragraph), inputting the set of to-be-verified parameters into the plurality of fitting models to verify an accuracy of the set of to-be-verified parameters (e.g., “… using the coarse model as an initial condition for the genetic algorithm fitting method …” in the third column 10 paragraph), adjusting the set of to-be-verified parameters according to the accuracy and the plurality of parameter fitting ranges until an optimization condition is satisfied, and configuring the set of to-be-verified parameters that satisfies the optimization condition as an optimized fitting result (e.g., “… GA (Genetic Algorithm) block 56: An optimization method based on a genetic algorithm. Block 56 receives a sample sequence, such as a measured XRR spectrum, and a set of initial parameter values, such as the estimated thickness of one or more surface layers, along with nominal layer densities and surface quality. Block 56 then applies a GA algorithm to adjust the parameter values until the simulated spectrum produced by a sample with the adjusted parameter values optimally fits the actual input spectrum …” in last column 8 paragraph).
The method of Agnihotri et al. lacks an explicit description of details of the “… X-ray reflectometry (XRR) …” such as the plurality of X-ray beams having different energies. However, “… X-ray reflectometry (XRR) …” details are known to one of ordinary skill in the art (e.g., see “… X-ray reflectometer (XRR) … beam energy (i.e., wavelength(s)) of the x-ray illumination provided by illumination source 110 is controlled to achieve a desired x-ray penetration depth for XRR measurements and control of photoelectron volume generation for XPS measurements …” in paragraphs 48 of Shchegrov et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional XRR (e.g., comprising details such as “beam energy (i.e., wavelength(s)) of the x-ray illumination provided by illumination source 110 is controlled”, in order “to achieve a desired x-ray penetration depth for XRR measurements”) for the unspecified XRR of Agnihotri et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional XRR (e.g., comprising details such as the plurality of X-ray beams having different energies) as the unspecified XRR of Agnihotri et al.
In regard to claim 2 which is dependent on claim 1, Agnihotri et al. also disclose that each of the plurality of measurement signals is a reflection pattern that is generated by using the optical receiver to collect irradiation of each of the plurality of X-ray beams on the inspection target from a plurality of different incident angles (e.g., “… reflected beam 29 of X-rays from sample 22 is collected by a detector assembly 30. Typically, assembly 30 collects reflected X-rays over a range of reflection angles between about 0° and 5° …” in the nineth column 7 paragraph).
In regard to claim 3 which is dependent on claim 2, the method of Agnihotri et al. lacks an explicit description of details of the “… X-ray reflectometry (XRR) …” such as the plurality of X-ray beams include a first X-ray beam having an energy range of between 90 eV and 94 eV, a second X-ray beam having an energy range of between 1,480 eV and 1,490 eV, and a third X-ray beam having an energy range of between 8,040 eV and 8,900 eV. However, “… X-ray reflectometry (XRR) …” details are known to one of ordinary skill in the art (e.g., see “… X-ray reflectometer (XRR) … beam energy (i.e., wavelength(s)) of the x-ray illumination provided by illumination source 110 is controlled to achieve a desired x-ray penetration depth for XRR measurements and control of photoelectron volume generation for XPS measurements …” in paragraphs 48 of Shchegrov et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional XRR (e.g., comprising details such as “beam energy (i.e., wavelength(s)) of the x-ray illumination provided by illumination source 110 is controlled”, in order “to achieve a desired x-ray penetration depth for XRR measurements”) for the unspecified XRR of Agnihotri et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional XRR (e.g., comprising details such as the plurality of X-ray beams include a first X-ray beam having an energy range of between 90 eV and 94 eV, a second X-ray beam having an energy range of between 1,480 eV and 1,490 eV, and a third X-ray beam having an energy range of between 8,040 eV and 8,900 eV) as the unspecified XRR of Agnihotri et al.
In regard to claim 4 which is dependent on claim 2, Agnihotri et al. also disclose that the target architecture includes a plurality of material layers (e.g., “… a set of initial parameter values, such as the estimated thickness of one or more surface layers, along with nominal layer densities and surface quality …” in last column 8 paragraph); wherein the processing device operates an electromagnetic wave computation engine that corresponds to each of the plurality of fitting models, and performs the spectrum fitting analysis on a corresponding one of the plurality of measurement signals according to the target architecture, so as to obtain a corresponding one of the plurality of to-be-optimized fitting results (e.g., “… generating a "coarse approximation" model using the FFT-based fitting method, …” in the third column 10 paragraph and wherein “"coarse approximation" model” can be labeled as an electromagnetic wave computation engine that corresponds to each of the plurality of fitting models).
In regard to claim 5 which is dependent on claim 4, Agnihotri et al. also disclose that the process of performing the spectrum fitting analysis by operation of the electromagnetic wave computation engine further includes: dividing the plurality of material layers of the target architecture into one or more computation sets; wherein each of the one or more computation sets is an independent computation set or a binding computation set, and the electromagnetic wave computation engine performs the spectrum fitting analysis on the plurality of measurement signals according to the one or more computation sets (e.g., “… generating a "coarse approximation" model using the FFT-based fitting method, …” in the third column 10 paragraph).
In regard to claim 12, Agnihotri et al. disclose an X-ray measurement system, comprising: an X-ray source, wherein the X-ray source generates a plurality of X-ray beams, and irradiates an inspection target (e.g., “… system 20 for X-ray reflectometry (XRR) of a sample 22 … X-ray source 26 irradiates a small area 28 on sample 22 …” in the eighth column 7 paragraph); an optical receiver, wherein the optical receiver collects a plurality of measurement signals generated from reflection of the plurality of X-ray beams by the inspection target (e.g., “… reflected beam 29 of X-rays from sample 22 is collected by a detector assembly 30. Typically, assembly 30 collects reflected X-rays over a range of reflection angles between about 0° and 5° …” in the nineth column 7 paragraph); and a processing device configured to execute processes (e.g., “… processor 40 comprises a general-purpose computer processor, which performs the functions described hereinbelow under the control of suitable software …” in the last column 7 paragraph) of:
(a) establishing a plurality of fitting models according to a target architecture of the inspection target (e.g., “… FFT (Fast Fourier Transform) block 54: An FFT-based model-fitting method …” in the last column 8 paragraph);
(b) performing a spectrum fitting analysis on the plurality of measurement signals respectively by the plurality of fitting models, so as to generate a plurality of to-be-optimized fitting results (e.g., “… generating a "coarse approximation" model using the FFT-based fitting method …” in the third column 10 paragraph);
(c) counting the plurality of to-be-optimized fitting results to generate a plurality of parameter fitting ranges (e.g., “… range about the initial condition over which the model parameters are permitted to vary during the operation of GA block 56 may also be restricted in order to reduce the time …” in the third column 10 paragraph); and
(d) generating a set of to-be-verified parameters according to the plurality of parameter fitting ranges (e.g., “… range about the initial condition over which the model parameters are permitted to vary during the operation of GA block 56 may also be restricted in order to reduce the time …” in the third column 10 paragraph), inputting the set of to-be-verified parameters into the plurality of fitting models to verify an accuracy of the set of to-be-verified parameters (e.g., “… using the coarse model as an initial condition for the genetic algorithm fitting method …” in the third column 10 paragraph), adjusting the set of to-be-verified parameters according to the accuracy and the plurality of parameter fitting ranges until an optimization condition is satisfied, and configuring the set of to-be-verified parameters that satisfies the optimization condition as an optimized fitting result (e.g., “… GA (Genetic Algorithm) block 56: An optimization method based on a genetic algorithm. Block 56 receives a sample sequence, such as a measured XRR spectrum, and a set of initial parameter values, such as the estimated thickness of one or more surface layers, along with nominal layer densities and surface quality. Block 56 then applies a GA algorithm to adjust the parameter values until the simulated spectrum produced by a sample with the adjusted parameter values optimally fits the actual input spectrum …” in last column 8 paragraph).
The system of Agnihotri et al. lacks an explicit description of details of the “… X-ray reflectometry (XRR) …” such as the plurality of X-ray beams having different energies. However, “… X-ray reflectometry (XRR) …” details are known to one of ordinary skill in the art (e.g., see “… X-ray reflectometer (XRR) … beam energy (i.e., wavelength(s)) of the x-ray illumination provided by illumination source 110 is controlled to achieve a desired x-ray penetration depth for XRR measurements and control of photoelectron volume generation for XPS measurements …” in paragraphs 48 of Shchegrov et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional XRR (e.g., comprising details such as “beam energy (i.e., wavelength(s)) of the x-ray illumination provided by illumination source 110 is controlled”, in order “to achieve a desired x-ray penetration depth for XRR measurements”) for the unspecified XRR of Agnihotri et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional XRR (e.g., comprising details such as the plurality of X-ray beams having different energies) as the unspecified XRR of Agnihotri et al.
In regard to claim 13 which is dependent on claim 12, Agnihotri et al. also disclose that each of the plurality of measurement signals is a reflection pattern that is generated by using the optical receiver to collect irradiation of each of the plurality of X-ray beams on the inspection target from a plurality of different incident angles (e.g., “… reflected beam 29 of X-rays from sample 22 is collected by a detector assembly 30. Typically, assembly 30 collects reflected X-rays over a range of reflection angles between about 0° and 5° …” in the nineth column 7 paragraph).
In regard to claim 14 which is dependent on claim 13, the system of Agnihotri et al. lacks an explicit description of details of the “… X-ray reflectometry (XRR) …” such as the plurality of X-ray beams are respectively a first X-ray beam having an energy range of between 90 eV and 94 eV, a second X-ray beam having an energy range of between 1,480 eV and 1,490 eV, and a third X-ray beam having an energy range of between 8,040 eV and 8,900 eV. However, “… X-ray reflectometry (XRR) …” details are known to one of ordinary skill in the art (e.g., see “… X-ray reflectometer (XRR) … beam energy (i.e., wavelength(s)) of the x-ray illumination provided by illumination source 110 is controlled to achieve a desired x-ray penetration depth for XRR measurements and control of photoelectron volume generation for XPS measurements …” in paragraphs 48 of Shchegrov et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional XRR (e.g., comprising details such as “beam energy (i.e., wavelength(s)) of the x-ray illumination provided by illumination source 110 is controlled”, in order “to achieve a desired x-ray penetration depth for XRR measurements”) for the unspecified XRR of Agnihotri et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional XRR (e.g., comprising details such as the plurality of X-ray beams are respectively a first X-ray beam having an energy range of between 90 eV and 94 eV, a second X-ray beam having an energy range of between 1,480 eV and 1,490 eV, and a third X-ray beam having an energy range of between 8,040 eV and 8,900 eV) as the unspecified XRR of Agnihotri et al.
In regard to claim 15 which is dependent on claim 13, Agnihotri et al. also disclose that the target architecture includes a plurality of material layers (e.g., “… a set of initial parameter values, such as the estimated thickness of one or more surface layers, along with nominal layer densities and surface quality …” in last column 8 paragraph); wherein the processing device operates an electromagnetic wave computation engine that corresponds to each of the plurality of fitting models, and performs the spectrum fitting analysis on a corresponding one of the plurality of measurement signals according to the target architecture, so as to obtain a corresponding one of the plurality of to-be-optimized fitting results (e.g., “… generating a "coarse approximation" model using the FFT-based fitting method, …” in the third column 10 paragraph and wherein “"coarse approximation" model” can be labeled as an electromagnetic wave computation engine that corresponds to each of the plurality of fitting models).
In regard to claim 16 which is dependent on claim 15, Agnihotri et al. also disclose that the process of performing the spectrum fitting analysis by operation of the electromagnetic wave computation engine further includes: dividing the plurality of material layers of the target architecture into one or more computation sets; wherein each of the one or more computation sets is an independent computation set or a binding computation set, and the electromagnetic wave computation engine performs the spectrum fitting analysis on the plurality of measurement signals according to the one or more computation sets (e.g., “… generating a "coarse approximation" model using the FFT-based fitting method, …” in the third column 10 paragraph).
Allowable Subject Matter
Claim(s) 6-11 and 17-22 is/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.
The following is a statement of reasons for the indication of allowable subject matter: the instant application is deemed to be directed to a nonobvious improvement over the invention disclosed in US 7,103,142. The improvement comprises in combination with other recited elements, wherein, in a first fitting model of the plurality of fitting models, each of the plurality of material layers is configured as the independent computation set; wherein, in a second fitting model of the plurality of fitting models, the plurality of material layers are divided into an n number of the independent computation sets and an N number of the binding computation sets, and n is greater than N; wherein, in a third fitting model of the plurality of fitting models, the plurality of material layers are divided into an m number of the independent computation sets and an M number of the binding computation sets, and m is less than M as recited in claims 6 and 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2022/0196576 teaches a x-ray reflectometer.
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/SL/
Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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