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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 as of the effective filing date of the claimed invention(s) 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 as of the effective filing date of the later invention 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.
Claims 1-3 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tomonori et al. (WO 2021161986 A1)(hereinafter, “Tomonori”) in view of Kim et al. (US 2004/0246493 A1)(hereinafter, “Kim”).
Regarding claim 1, Tomonori teaches a film thickness measuring apparatus (film thickness measuring device 1) for measuring a film thickness of an object (100) having a film formed on a substrate (film 101 formed on the base material 102, page 5, line 49), the film thickness measuring apparatus (1) comprising:
a light irradiator (10) configured to irradiate the object (“the light source 10 irradiates the sample 100 with light in a planar manner”, page 3, line 1) with each of first light having a first wavelength and second light having a second wavelength different from the first wavelength (discloses different wavelengths, page 3, lines 16-34);
an optical element (22) having transmittance and reflectance changing according to a wavelength in a predetermined wavelength range (“dichroic mirror 22 is a mirror created by using a special optical material, and is an optical element that separates light from sample 100 by transmitting and reflecting it according to a wavelength”, page 3, lines 47-48), the optical element (22) configured to transmit and reflect the first light and the second light from the object to separate the first light and the second light (“dichroic mirror 22 is configured so that the light transmittance and the reflectance change according to the wavelength in a predetermined wavelength range”, page 3, lines 49-50);
a light detector (23/24) configured to detect the first light that has been reflected by the optical element and the first light that has passed through the optical element to output a first signal (page 4, lines 16-22), and
an analyzer (30) configured to derive a first wavelength centroid based on the first signal and derive a second wavelength centroid based on the second signal (page 4, lines 36-46), wherein
the analyzer (30) includes
deriving at least one first film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the first wavelength (figure 6, page 5, lines 31-36), and the first wavelength centroid (“the control device 30 estimates the film thickness corresponding to each pixel from the wavelength center of gravity of each pixel based on the following equation (7)”, page 5, lines 38-44),
Tomonori fails to disclose detect the second light that has been reflected by the optical element and the second light that has passed through the optical element to output a second signal; and deriving at least one second film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the second wavelength, and the second wavelength centroid, and deriving the film thickness of the object based on the first film thickness candidate and the second film thickness candidate.
Kim teaches detect the second light that has been reflected by the optical element (discloses detects reflected light, [0080] and [0084]) and the second light that has passed through the optical element to output a second signal (discloses reflected light passing through an optical filter 538, detects optical intensity and produces an electrical signal for processing, [0080] and [0084-0085]); and deriving at least one second film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the second wavelength ([0084-0086] and [0091]), and the second wavelength centroid ([0064] and [0088]), and deriving the film thickness of the object based on the first film thickness candidate and the second film thickness candidate(obtains multiple wavelength dependent thickness/error results and combines them to determine a final thickness, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate multiple wavelength-dependent measurement of Kim to Tomonori to improve film thickness determination accuracy and robustness.
Regarding claim 2, Tomonori teaches wherein the light irradiator (10) further irradiates the object (“the light source 10 irradiates the sample 100 with light in a planar manner”, page 3, line 1) with third light having a third wavelength different from the first wavelength and the second wavelength (discloses different wavelengths, page 3, lines 16-34),
the optical element (22) transmits and reflects the third light from the object to further separate the third light (“dichroic mirror 22 is configured so that the light transmittance and the reflectance change according to the wavelength in a predetermined wavelength range”, page 3, lines 49-50),
the light detector (23/24) further detects the third light that has been reflected by the optical element and the third light that has passed through the optical element to output a third signal (page 4, lines 16-22),
the analyzer (30).
Tomonori fails to disclose further derives a third wavelength centroid based on the third signal, and further derives at least one third film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the third wavelength, and the third wavelength centroid, and derives the film thickness of the object based on the first film thickness candidate, the second film thickness candidate, and the third film thickness candidate.
Kim teaches further derives a third wavelength centroid based on the third signal (discloses reflected light passing through an optical filter 538, detects optical intensity and produces an electrical signal for processing, [0080] and [0084-0085]), and further derives at least one third film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the third wavelength ([0084-0086] and [0091]), and the third wavelength centroid ([0064] and [0088]), and derives the film thickness of the object based on the first film thickness candidate, the second film thickness candidate, and the third film thickness candidate (obtains multiple wavelength dependent thickness/error results and combines them to determine a final thickness, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate multiple wavelength-dependent measurement of Kim to Tomonori to improve film thickness determination accuracy and robustness.
Regarding claim 3, Tomonori teaches wherein the analyzer (30) but fails to disclose an expected film thickness range from a designed film thickness value, and derives the first film thickness candidate and the second film thickness candidate only from within the expected film thickness range.
Kim teaches an expected film thickness range ([0078] and [0090] from a designed film thickness value (discloses “range from 0.3 micron up to 3.0 microns”, [0078]), and derives the first film thickness candidate and the second film thickness candidate only from within the expected film thickness range ([0064] and [0088]) and the second film thickness candidate(obtains multiple wavelength dependent thickness/error results and combines them to determine a final thickness, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate multiple wavelength-dependent measurement of Kim to Tomonori to improve film thickness determination accuracy and robustness.
Regarding claim 6, Tomonori teaches a film thickness measuring method executed by a film thickness measuring apparatus (film thickness measuring device 1) for measuring a film thickness of an object (100) having a film formed on a substrate (film 101 formed on the base material 102, page 5, line 49), the film thickness measuring method comprising:
irradiating the object (“the light source 10 irradiates the sample 100 with light in a planar manner”, page 3, line 1) with first light having a first wavelength (discloses different wavelengths, page 3, lines 16-34);
using an optical element (22) having transmittance and reflectance changing according to a wavelength in a predetermined wavelength range (“dichroic mirror 22 is a mirror created by using a special optical material, and is an optical element that separates light from sample 100 by transmitting and reflecting it according to a wavelength”, page 3, lines 47-48) to transmit and reflect the first light from the object (“dichroic mirror 22 is configured so that the light transmittance and the reflectance change according to the wavelength in a predetermined wavelength range”, page 3, lines 49-50);
detecting the first light that has been reflected by the optical element and the first light that has passed through the optical element to output a first signal (page 4, lines 16-22);
deriving a first wavelength centroid based on the first signal (page 4, lines 36-46) and deriving at least one first film thickness candidate based on relationship information between the film thickness (figure 6, page 5, lines 31-36) and a wavelength centroid of the object at the first wavelength, and the first wavelength centroid (“the control device 30 estimates the film thickness corresponding to each pixel from the wavelength center of gravity of each pixel based on the following equation (7)”, page 5, lines 38-44); irradiating the object with second light having a second wavelength different from the first wavelength (discloses different wavelengths, page 3, lines 16-34); using the optical element to transmit and reflect the second light from the object (“dichroic mirror 22 is configured so that the light transmittance and the reflectance change according to the wavelength in a predetermined wavelength range”, page 3, lines 49-50).
Tomonori fails to disclose detecting the second light that has been reflected by the optical element and the second light that has passed through the optical element to output a second signal ; deriving a second wavelength centroid based on the second signal and deriving at least one second film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the second wavelength, and the second wavelength centroid; and deriving the film thickness of the object based on said at least one first film thickness candidate determined and said at least one second film thickness candidate determined.
Kim teaches detecting the second light that has been reflected by the optical element (discloses detects reflected light, [0080] and [0084]) and the second light that has passed through the optical element to output a second signal (discloses reflected light passing through an optical filter 538, detects optical intensity and produces an electrical signal for processing, [0080] and [0084-0085]); deriving a second wavelength centroid based on the second signal and deriving at least one second film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the second wavelength ([0084-0086] and [0091]), and the second wavelength centroid ([0064] and [0088]); and deriving the film thickness of the object based on said at least one first film thickness candidate determined and said at least one second film thickness candidate determined (obtains multiple wavelength dependent thickness/error results and combines them to determine a final thickness, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate multiple wavelength-dependent measurement of Kim to Tomonori to improve film thickness determination accuracy and robustness.
Regarding claim 7, Tomonori teaches further comprising irradiating the object (“the light source 10 irradiates the sample 100 with light in a planar manner”, page 3, line 1) with third light having a third wavelength different from the first wavelength and the second wavelength (discloses different wavelengths, page 3, lines 16-34),
transmitting and reflecting the third light from the object to further separate the third light(“dichroic mirror 22 is configured so that the light transmittance and the reflectance change according to the wavelength in a predetermined wavelength range”, page 3, lines 49-50),
detecting the third light that has been reflected by the optical element and the third light that has passed through the optical element to output a third signal (page 4, lines 16-22).
Tomonori fails to disclose deriving a third wavelength centroid based on the third signal, and further deriving at least one third film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the third wavelength, and the third wavelength centroid, wherein in the deriving the film thickness of the object, the film thickness of the object is derived based on the first film thickness candidate, the second film thickness candidate, and the third film thickness candidate.
Kim teaches further derives a third wavelength centroid based on the third signal (discloses reflected light passing through an optical filter 538, detects optical intensity and produces an electrical signal for processing, [0080] and [0084-0085]), and further derives at least one third film thickness candidate based on relationship information between the film thickness and a wavelength centroid of the object at the third wavelength ([0084-0086] and [0091]), and the third wavelength centroid ([0064] and [0088]), wherein in the deriving the film thickness of the object, the film thickness of the object is derived based on the first film thickness candidate, the second film thickness candidate, and the third film thickness candidate (obtains multiple wavelength dependent thickness/error results and combines them to determine a final thickness, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate multiple wavelength-dependent measurement of Kim to Tomonori to improve film thickness determination accuracy and robustness.
Regarding claim 8, Tomonori fails to teach wherein, deriving the film thickness of the object, an expected film thickness range is set from a designed film thickness value in advance, and the first film thickness candidate and the second film thickness candidate are derived only from within the expected film thickness range.
Kim teaches wherein, deriving the film thickness of the object (obtains multiple wavelength dependent thickness/error results and combines them to determine a final thickness, [0064]), an expected film thickness range ([0078] and [0090] from a designed film thickness value (discloses “range from 0.3 micron up to 3.0 microns”, [0078]), and derives the first film thickness candidate and the second film thickness candidate only from within the expected film thickness range ([0064] and [0088]) and the second film thickness candidate(obtains multiple wavelength dependent thickness/error results and combines them to determine a final thickness, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate multiple wavelength-dependent measurement of Kim to Tomonori to improve film thickness determination accuracy and robustness.
Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tomonori et al. (WO 2021161986 A1)(hereinafter, “Tomonori”) in view of Kim et al. (US 2004/0246493 A1)(hereinafter, “Kim”), further in view of Yang et al. (CN 204944680 U)(hereinafter, “Yang”).
Regarding claim 4, Tomonori teaches wherein the light irradiator includes a light source (“the light source 10 irradiates the sample 100 with light in a planar manner”, page 3, line 1) configured to emit light of three or more wavelengths (discloses different wavelengths, page 3, lines 16-34), and
irradiates the object with the first light configured by simultaneously emitting light of two wavelengths among the light of three or more wavelengths (discloses different wavelengths, page 3, lines 16-34).
Tomonori fails to disclose monochromatic light.
Yang teaches monochromatic light (page 3, lines 48-51) and three or more wavelengths (page 1, lines 4-11).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate Yang to Tomonori in view of Kim to improve film thickness determination accuracy and robustness.
Regarding claim 9, Tomonori teaches wherein, in the irradiating the object with first light having a first wavelength (discloses different wavelengths, page 3, lines 16-34),
the object is irradiated with the first light configured by simultaneously emitting light of two wavelengths among light of three or more wavelengths emitted from a light source configured to emit the light of three or more wavelengths (discloses different wavelengths, page 3, lines 16-34).
Tomonori fails to disclose monochromatic light.
Yang teaches monochromatic light (page 3, lines 48-51) and three or more wavelengths (page 1, lines 4-11).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate Yang to Tomonori in view of Kim to improve film thickness determination accuracy and robustness.
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tomonori et al. (WO 2021161986 A1)(hereinafter, “Tomonori”) in view of Kim et al. (US 2004/0246493 A1)(hereinafter, “Kim”), in view of Yang et al. (CN 204944680 U)(hereinafter, “Yang”), further in view of Moeller et al. (US 2019/0011251 A1)(hereinafter, “Moeller”).
Regarding claim 5, Tomonori fails to disclose wherein the monochromatic light of two wavelengths is light of a red wavelength and light of a blue wavelength.
Moeller teaches wherein the monochromatic light of two wavelengths is light of a red wavelength (discloses red 663nm wavelength) and light of a blue wavelength (discloses blue 454 nm, example 5, [0072]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate blue and red wavelength channels of Moeller to Tomonori in view of Kim in view of Yang to improve the accuracy and sensitivity of film thickness measurement.
Regarding claim 10, Tomonori fails to disclose wherein the monochromatic light of two wavelengths is light of a red wavelength and light of a blue wavelength.
Moeller teaches wherein the monochromatic light of two wavelengths is light of a red wavelength (discloses red 663nm wavelength) and light of a blue wavelength (discloses blue 454 nm, example 5, [0072]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate blue and red wavelength channels of Moeller to Tomonori in view of Kim in view of Yang to improve the accuracy and sensitivity of film thickness measurement.
Conclusion
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/C.X./ Examiner, Art Unit 2877
/Kara E. Geisel/ Supervisory Patent Examiner, Art Unit 2877
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