Prosecution Insights
Last updated: August 17, 2026
Application No. 19/056,497

MEASURING METHOD, MEASURING APPARATUS, LITHOGRAPHY APPARATUS, AND ARTICLE MANUFACTURING METHOD

Non-Final OA §103
Filed
Feb 18, 2025
Priority
Feb 21, 2024 — JP 2024-024827
Examiner
RIDDLE, CHRISTINA A
Art Unit
Tech Center
Assignee
Canon Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
749 granted / 927 resolved
+20.8% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
37 currently pending
Career history
971
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
21.0%
-19.0% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 927 resolved cases

Office Action

§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 . Priority Acknowledgement is made that the instant application claims priority from JP 2024-024827, filed on 2/21/2024. 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 1-3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Amit et al. (US PGPub 2015/0316490, Amit hereinafter) in view of Miyazaki (US PGPub 2019/0121250) Regarding claim 1, Amit discloses a measuring method (Figs. 1-5, abstract, detection method) comprising: performing preliminary measurement for obtaining signal information obtained by detecting, using measurement light, a plurality of targets formed on a substrate a plurality of times while changing a parameter value of a measurement parameter (Figs. 1-5, abstract, paras. [0034], [0037]-[0042], [0057]-[0059], a plurality of targets on a substrate are measured across a range of measurement parameters, which include varying wavelengths or angles); acquiring a relationship between the parameter value and the signal information based on results of the preliminary measurement performed the plurality of times (Figs. 1-5, paras. [0034], [0037]-[0042], [0047], [0054], [0057]-[0064], statistical analysis is applied to the signals measured from the plurality of targets across the range of measurement parameters and used to extract measurement variability from a model); determining a target for which a main measurement should be performed, in the plurality of targets, based on the acquired relationship (Figs. 1-5, paras. [0034], [0037]-[0042], [0045], [0047], [0054], [0057]-[0064], claim 8, the model is used to identify defective targets and outliers and a subset of sites are selected for measurement); and although Amit discloses determining the determined target for measurement (Figs. 1-5, paras. [0034], [0037]-[0042], [0045], [0047], [0054], [0057]-[0064], claim 8, a subset of wafer sites are selected for measuring), Amit does not appear to explicitly describe performing the main measurement for the determined target. Miyazaki discloses performing main measurement for the determined target (Figs. 1-11, paras. [0039]-[0047], [0048]-[0054], [0056]-[0061], the failure region of a mark is not included in the main measurement of the mark). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included performing main measurement for the determined target as taught by Miyazaki for the determined target in the method as taught by Amit since including performing main measurement for the determined target is commonly used to improve position alignment accuracy by improving position measurement accuracy by adjusting measurement owing to mark defectivity or failure regions (Miyazaki, paras. [0006]-[0010]). Regarding claim 2, Amit as modified by Miyazaki discloses wherein the measurement parameter includes at least one of a central wavelength of the measurement light, a bandwidth of the wavelength, a σ value, or a polarization property in an optical path of a measuring apparatus for performing the preliminary measurement and the main measurement (Amit, Figs. 1-5, abstract, paras. [0034], [0037]-[0042], [0057]-[0059], a plurality of targets on a substrate are measured across varying wavelengths). Regarding claim 3, Amit as modified by Miyazaki discloses wherein the signal information is at least one of a contrast, signal strength information, or position information of the plurality of targets (Amit, Figs. 1-5, paras. [0034], [0037]-[0042], [0057]-[0059], the signals of the overlay deviations across a range of measurement parameters and targets are obtained). Regarding claim 11, Amit as modified by Miyazaki discloses an article manufacturing method (Amit, Figs. 1-5, abstract, paras. [0007]-[0008], [0031], [0034], [0037]-[0042], [0046], [0057]-[0059], as modified by Miyazaki, paras. [0003], [0028], [0038], [0062]-[0065], integrated circuits are manufactured from the exposed substrate W) comprising: measuring a position of a target on a substrate in accordance with the measuring method according to claim 1 (see claim 1 rejection above, Amit, Figs. 1-5, abstract, paras. [0034], [0037]-[0042], [0057]-[0059], a plurality of targets on a substrate are measured, and as modified by Miyazaki, Figs. 1-11, paras. [0041]-[0047], [0048]-[0054], [0056], the failure region of a mark is not included in the main measurement of the mark) and transferring a pattern to the substrate based on the position of the target (Amit, Figs. 1-5, abstract, paras. [0007]-[0008], [0034], [0037]-[0042], [0046], [0057]-[0059], a plurality of targets on a substrate are measured, and as modified by Miyazaki, Fig. 1, 15, paras. [0028], [0038], [0062]-[0065], an exposure apparatus projects a pattern on a mask onto a substrate W based on measurements of marks); and obtaining an article by processing the substrate with the pattern transferred (Amit, Figs. 1-5, abstract, paras. [0007]-[0008], [0031], [0034], [0037]-[0042], [0046], [0057]-[0059], as modified by Miyazaki, paras. [0003], [0028], [0038], [0062]-[0065], integrated circuits are manufactured from the exposed substrate W). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Amit as modified by Miyazaki as applied to claim 3 above, and further in view of Irie et al. (US Patent No. 5,525,808). Regarding claim 6, although Amit as modified by Miyazaki discloses wherein the target is a pattern formed by a plurality of line elements (Miyazaki, Figs. 1-11, paras. [0033], [0041]-[0047], [0048]-[0054], [0056], the marks are formed by mark elements with line shapes), Amit as modified by Miyazaki does not appear to explicitly describe wherein the determining includes obtaining a weight coefficient when indicating a position of the pattern by a weighted average of positions of the plurality of line elements. Irie discloses wherein the determining includes obtaining a weight coefficient when indicating a position of the pattern by a weighted average of positions of the plurality of line elements (col. 17, lines 55-67, col. 18, lines 1-6, the weighting coefficient for the mark detection is determined using averaging processing). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the determining includes obtaining a weight coefficient when indicating a position of the pattern by a weighted average of positions of the plurality of line elements as taught by Irie with the plurality of line elements in the target in the method as taught by Amit as modified by Miyazaki since including wherein the determining includes obtaining a weight coefficient when indicating a position of the pattern by a weighted average of positions of the plurality of line elements is commonly used to calculate the mark detection result to perform alignment (Irie, col. 17, lines 55-67, col. 18, lines 1-6). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Amit as modified by Miyazaki as applied to claim 3 above, and further in view of Jiang et al. (CN115291473, Jiang hereinafter). Regarding claim 7, although Amit as modified by Miyazaki discloses wherein the target is a pattern formed by a plurality of line elements (Miyazaki, Figs. 1-11, paras. [0033], [0041]-[0047], [0048]-[0054], [0056], the marks are formed by mark elements with line shapes) and the determining including setting a processing region for each of the plurality of line elements (Miyazaki, Figs. 1-11, paras. [0033], [0036]-[0039], [0041]-[0047], [0048]-[0054], [0056], a measurement window designates regions of the mark), Amit as modified by Miyazaki does not appear to explicitly describe determining a weight coefficient for each processing region based on an overlay measurement value for a plurality of shot regions on the substrate. Jiang discloses determining a weight coefficient for each processing region based on an overlay measurement value for a plurality of shot regions on the substrate (Fig. 3, page 4 of English translation, the weighting coefficients of each region is adjusted based on the overlay measurement). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included determining a weight coefficient for each processing region based on an overlay measurement value for a plurality of shot regions on the substrate as taught by Jiang with the plurality of line elements in the target in the method as taught by Amit as modified by Miyazaki since including determining a weight coefficient for each processing region based on an overlay measurement value for a plurality of shot regions on the substrate is commonly used to compensate alignment at the edge of the wafer (Jiang, abstract, page 2). Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Amit as modified by Miyazaki as applied to claim 3 above, and further in view of Van Der Schaar et al. (US PGPub 2005/0147902, Van Der Schaar hereinafter). Regarding claim 9, Amit as modified by Miyazaki does not appear to explicitly describe wherein the measurement parameter includes a position of the substrate in a rotation direction. Van Der Schaar discloses wherein the measurement parameter includes a position of the substrate in a rotation direction (Figs. 1-2, paras. [0047]-[0052], the rotation of the substrate is determined). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the measurement parameter includes a position of the substrate in a rotation direction as taught by Van Der Schaar in the method as taught by Amit as modified by Miyazaki since including wherein the measurement parameter includes a position of the substrate in a rotation direction is commonly used to determine the exact shape of the wafer to accurate project a patterned beam (Van Der Schaar, paras. [0020]-[0023]). Regarding claim 10, Amit as modified by Miyazaki in view of Van Der Schaar discloses wherein the performing the main measurement includes detecting at least one of a measurement error derived from a measuring apparatus that performs the preliminary measurement and the main measurement or a measurement error caused by a characteristic of a pattern formed on the substrate (Amit, Figs. 1-5, paras. [0034], [0037]-[0042], [0045], [0047], [0054], [0057]-[0064], claim 8, the model is used to identify defective targets and outliers and a subset of sites are selected for measurement, and as modified by Miyazaki, Figs. 1-11, paras. [0039]-[0047], [0048]-[0054], [0056], the failure region of a mark is not included in the main measurement of the mark). Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bhattacharyya et al. (US PGPub 2018/0088470, Bhattacharyya hereinafter) in view of Amit et al. (US PGPub 2015/0316490, Amit hereinafter) in view of Miyazaki (US PGPub 2019/0121250). Regarding claim 12, Bhattacharyya discloses a measuring apparatus (Figs. 1-7, 11, 13, 15-16, paras. [0025]-[0028], [0058]-[0062], [0067]-[0074], [0077], [0190]-[0192], the lithographic cell LC includes an inspection apparatus that measures a target) comprising: a measuring unit (Figs. 1-7, 11, 13, 15-16, paras. [0025]-[0028], [0058]-[0062], [0067]-[0074], [0077], [0190]-[0192], an inspection apparatus); and a controller (Figs. 1-7, 11, 13, 15-16, paras. [0025]-[0028], [0058]-[0062], [0067]-[0074], [0077], [0190]-[0192], processor PU processes the detect a target), wherein the controller is configured to control the measuring unit (Figs. 1-7, 11, 13, 15-16, paras. [0025]-[0028], [0058]-[0062], [0067]-[0074], [0077], [0190]-[0192], processor PU processes the detect a target on a substrate W). Bhattacharyya does not appear to explicitly describe preliminary measurement for obtaining signal information obtained by detecting, using measurement light, a plurality of targets formed on a substrate is performed a plurality of times while changing a parameter value of a measurement parameter, acquire a relationship between the parameter value and the signal information based on results of the preliminary measurement performed the plurality of times, determine a target for which a main measurement should be performed, in the plurality of targets, based on the acquired relationship, and control the measuring unit to perform the main measurement for the determined target. Amit discloses performing preliminary measurement for obtaining signal information obtained by detecting, using measurement light, a plurality of targets formed on a substrate a plurality of times while changing a parameter value of a measurement parameter (Figs. 1-5, abstract, paras. [0034], [0037]-[0042], [0057]-[0059], a plurality of targets on a substrate are measured across a range of measurement parameters, which include varying wavelengths or angles); acquiring a relationship between the parameter value and the signal information based on results of the preliminary measurement performed the plurality of times (Figs. 1-5, paras. [0034], [0037]-[0042], [0047], [0054], [0057]-[0064], statistical analysis is applied to the signals measured from the plurality of targets across the range of measurement parameters and used to extract measurement variability from a model); determining a target for which a main measurement should be performed, in the plurality of targets, based on the acquired relationship (Figs. 1-5, paras. [0034], [0037]-[0042], [0045], [0047], [0054], [0057]-[0064], claim 8, the model is used to identify defective targets and outliers and a subset of sites are selected for measurement). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included preliminary measurement for obtaining signal information obtained by detecting, using measurement light, a plurality of targets formed on a substrate is performed a plurality of times while changing a parameter value of a measurement parameter, acquire a relationship between the parameter value and the signal information based on results of the preliminary measurement performed the plurality of times, determine a target for which a main measurement should be performed, in the plurality of targets, based on the acquired relationship as taught by Amit in the controller configured to control the measuring unit in the measuring apparatus as taught Bhattacharyya since including the controller is configured to control the measuring unit preliminary measurement for obtaining signal information obtained by detecting, using measurement light, a plurality of targets formed on a substrate is performed a plurality of times while changing a parameter value of a measurement parameter, acquire a relationship between the parameter value and the signal information based on results of the preliminary measurement performed the plurality of times, determine a target for which a main measurement should be performed, in the plurality of targets, based on the acquired relationship is commonly used to remove measurement inaccuracies from process variations, thereby improving measurement accuracy (Amit, abstract, paras. [0018]-[0020]). Although Bhattacharyya as modified by Amit discloses determining the determined target for measurement (Amit, Figs. 1-5, paras. [0034], [0037]-[0042], [0045], [0047], [0054], [0057]-[0064], claim 8, a subset of wafer sites are selected for measuring), Bhattacharyya as modified by Amit does not appear to explicitly describe performing the main measurement for the determined target. Miyazaki discloses performing main measurement for the determined target (Figs. 1-11, paras. [0039]-[0047], [0048]-[0054], [0056]-[0061], the failure region of a mark is not included in the main measurement of the mark). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included performing main measurement for the determined target as taught by Miyazaki for the determined target in the measuring apparatus as taught by Bhattacharyya as modified by Amit since including performing main measurement for the determined target is commonly used to improve position alignment accuracy by improving position measurement accuracy by adjusting measurement owing to mark defectivity or failure regions (Miyazaki, paras. [0006]-[0010]). Regarding claim 13, Bhattacharyya as modified by Amit in view of Miyazaki discloses a lithography apparatus (Bhattacharyya, Figs. 1-2, paras. [0045], [0052]-[0059], lithographic cell LC includes a lithographic apparatus LA) comprising: the measuring apparatus according to claim 12 (see claim 12 rejection above, Bhattacharyya, Figs. 1-7, 11, 13, 15-16, paras. [0025]-[0028], [0045], [0058]-[0062], [0067]-[0074], [0077], [0190]-[0192], the lithographic cell LC includes an inspection apparatus that measures a target, as modified by Amit, Figs. 1-5, paras. [0034], [0037]-[0042], [0045], [0047], [0054], [0057]-[0064], claim 8, the model is used to identify defective targets and outliers and a subset of sites are selected for measurement, in view of Miyazaki, , Figs. 1-11, paras. [0041]-[0047], [0048]-[0054], [0056], the failure region of a mark is not included in the main measurement of the mark), which is configured to measure a position of a mark provided on a substrate (Bhattacharyya, Figs. 1-7, 11, 13, 15-16, paras. [0025]-[0028], [0058]-[0062], [0067]-[0074], [0077], [0190]-[0192], processor PU processes the detect a target on a substrate W); and a positioning mechanism configured to position the substrate based on the position of the mark measured using the measuring apparatus (Bhattacharyya, Figs. 1-7, 11, 13, 15-16, paras. [0025]-[0028], [0045], [0052]-[0062], [0067]-[0074], [0077], [0082], [0190]-[0192], the measurement of the target is used for control of the lithographic apparatus LA having a positioner PW to position the substrate), wherein the lithography apparatus is configured to transfer a pattern of the substrate (Bhattacharyya, Figs. 1-7, 11, 13, 15-16, paras. [0025]-[0028], [0045], [0052]-[0062], [0067]-[0074], [0077], [0082], [0190]-[0192], the lithographic apparatus LA projects a patterned beam of radiation onto the substrate W). Regarding claim 14, Bhattacharyya as modified by Amit in view of Miyazaki discloses an article manufacturing method (Bhattacharyya, Figs. 1-2, paras. [0003]-[0004], [0045]-[0059], [0079], an integrated circuit device is manufactured), comprising: transferring a pattern to a substrate using the lithography apparatus according to claim 13 (see claim 13 rejection above, Bhattacharyya, Figs. 1-2, paras. [0003], [0045]-[0059], [0079], a lithographic apparatus LA images the pattern of a mask MA onto a photosensitive substrate W); and obtaining an article by processing the substrate with the pattern transferred (Bhattacharyya, Figs. 1-2, paras. [0003]-[0004], [0045]-[0059], [0079], the integrated circuit device is manufactured using the exposed substrate with further semiconductor manufacturing processing steps). Allowable Subject Matter Claims 4, 5, and 8 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. Regarding claim 4, the prior art of record, either alone or in combination, fails to teach or render obvious wherein the plurality of targets are patterns each formed by a plurality of line elements, the measurement parameter is the central wavelength of the measurement light that illuminates the pattern, the signal information is the contrast of each of the plurality of line elements, in the acquiring, a relationship between the central wavelength and the contrast is acquired for each of the plurality of line elements, and in the determining, of the plurality of line elements, a line element for which a maximum value of the contrast is less than a threshold in the relationship is excluded from a target of the main measurement. These limitations in combination with all of the other limitations of the parent claims would render the claim non-obvious over the prior art of record if rewritten. The dependent claim is likewise allowable by virtue of its dependency. Miyazaki discloses contrast of the waveform of the mark is compared to a threshold value to determine the measurement window (Fig. 12, paras. [0048]-[0054]), but Miyazaki does not describe or suggest wherein the plurality of targets are patterns each formed by a plurality of line elements, the measurement parameter is the central wavelength of the measurement light that illuminates the pattern, the signal information is the contrast of each of the plurality of line elements, in the acquiring, a relationship between the central wavelength and the contrast is acquired for each of the plurality of line elements, and in the determining, of the plurality of line elements, a line element for which a maximum value of the contrast is less than a threshold in the relationship is excluded from a target of the main measurement. Matsumoto (US PGPub 2005/0128452) discloses relationship between contrast relative to wavelength of the illumination to determine the optimal measurement wavelength (Figs. 3, 17, 43-44, paras. [0084], [0126], [0194]-[0200]), but Matsumoto does not describe or suggest wherein the plurality of targets are patterns each formed by a plurality of line elements, the measurement parameter is the central wavelength of the measurement light that illuminates the pattern, the signal information is the contrast of each of the plurality of line elements, in the acquiring, a relationship between the central wavelength and the contrast is acquired for each of the plurality of line elements, and in the determining, of the plurality of line elements, a line element for which a maximum value of the contrast is less than a threshold in the relationship is excluded from a target of the main measurement. Park et al. (US PGPub 2024/0203796) discloses calculating a contrast index and comparing the contrast index to a reference contrast index to determine grouping of wafers in a lot (Fig. 15-16, paras. [0090]-[0093]), but Park et al. does not describe or render obvious wherein the plurality of targets are patterns each formed by a plurality of line elements, the measurement parameter is the central wavelength of the measurement light that illuminates the pattern, the signal information is the contrast of each of the plurality of line elements, in the acquiring, a relationship between the central wavelength and the contrast is acquired for each of the plurality of line elements, and in the determining, of the plurality of line elements, a line element for which a maximum value of the contrast is less than a threshold in the relationship is excluded from a target of the main measurement. Regarding claim 5, the prior art of record, either alone or in combination, fails to teach or render obvious wherein the plurality of targets are patterns each formed by a plurality of line elements and are arranged in each of a plurality of predetermined shot regions set as sample region candidates on the substrate, the measurement parameter is the central wavelength of the measurement light that illuminates the pattern, the signal information is an asymmetry of a measurement signal, in the acquiring, a relationship between the central wavelength and the asymmetry of the measurement signal is acquired for each of the plurality of predetermined shot regions, and in the determining, of the plurality of predetermined shot regions, a shot region for which a minimum value of the asymmetry in the relationship exceeds a threshold is excluded from the sample region candidates. These limitations in combination with all of the other limitations of the parent claims would render the claim non-obvious over the prior art of record if rewritten. Amit discloses estimating an asymmetry index (paras. [0037]-[0039], [0042]-[0043], [0047]), but Amit does not describe or render obvious wherein the plurality of targets are patterns each formed by a plurality of line elements and are arranged in each of a plurality of predetermined shot regions set as sample region candidates on the substrate, the measurement parameter is the central wavelength of the measurement light that illuminates the pattern, the signal information is an asymmetry of a measurement signal, in the acquiring, a relationship between the central wavelength and the asymmetry of the measurement signal is acquired for each of the plurality of predetermined shot regions, and in the determining, of the plurality of predetermined shot regions, a shot region for which a minimum value of the asymmetry in the relationship exceeds a threshold is excluded from the sample region candidates. Bijnen et al. (US PGPub 2010/0245792) discloses a relationship between mark asymmetry and wavelength range (para. [0172]), but Bijnen does not describe or suggest wherein the plurality of targets are patterns each formed by a plurality of line elements and are arranged in each of a plurality of predetermined shot regions set as sample region candidates on the substrate, the measurement parameter is the central wavelength of the measurement light that illuminates the pattern, the signal information is an asymmetry of a measurement signal, in the acquiring, a relationship between the central wavelength and the asymmetry of the measurement signal is acquired for each of the plurality of predetermined shot regions, and in the determining, of the plurality of predetermined shot regions, a shot region for which a minimum value of the asymmetry in the relationship exceeds a threshold is excluded from the sample region candidates. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA A. RIDDLE whose telephone number is (571)270-7538. The examiner can normally be reached M-Th 6:30AM-5PM. 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, Minh-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. /CHRISTINA A RIDDLE/Primary Examiner, Art Unit 2882
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Prosecution Timeline

Feb 18, 2025
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §103 (current)

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