PATENT COOPERATION TREATY
`
`PCT
`
`INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY
`
`(ChapterI of the Patent Cooperation Treaty)
`
`(PCT Rule 44dis)
`
`Applicant’s or agent’s file reference
`2018P00159WO
`
`FOR FURTHER ACTLON
`
`See item 4 below
`
`International application No.
`PCT/EP2019/077016
`
`International filing date (day/month/vear)
`07 October 2019 (07.10.2019)
`
`Priority date (day/month/vear)
`08 October 2018 (08.10.2018)
`
`International Patent Classification (8th edition unless older edition indicated)
`See relevant information in Form PCT/ISA/237
`
`Applicant
`ASML NETHERLANDS B.V.
`
`This international preliminary report on patentability (Chapter D is issued by the International Bureau on behalf of the
`International Searching Authority under Rule 44 bis. 1(a).
`
`This REPORTconsists of a total of 6 sheets, including this cover sheet.
`
`In the attached sheets, any reference to the written opinion of the International Searching Authority should be read as a reference
`to the international preliminary report on patentability (Chapter D instead.
`
`This report contains indications relating to the following items:
`
`Basis of the report
`
`Priority
`
`Non-establishment of opinion with regard to novelty, inventive step and industrial
`applicability
`
`Lack of unity of invention
`
`Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`
`Certain documents cited
`
`Certain defects in the international application
`
`Certain observations on the intemnational application
`
`Nora Lindner e-mail pet.tcam5@wipo.int
`
`The International Bureau will communicate this report to designated Offices in accordance with Rules 44dis.3(c) and 93bis.1 but
`nol, except where the applicant makes an express request under Article 23(2), before the expiration of 30 months fromthe priority
`date (Rule 44dis .2).
`
`Box No. I
`
`Box No. II
`
`Box No. LI
`
`
`
`
`
`The International Bureau of WIPO
`34, chemin des Colombettes
`1211 Geneva 20, Switzerland
`
`Form PCT/LB/373 (revised January 2020)
`
`Date of issuance of this report
`08 April 2021 (08.04.2021)
`
`Authorized officer
`
`

`

`PATENT COOPERATION TREATY
`
`From the
`INTERNATIONAL SEARCHING AUTHORITY
`
`To:
`
`PCT
`
`see form PCTASA/220
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`(PCT Rule 43b6is.1)
`
`
`
`Date of mailing
`see form PCTASA/210 (second sheet)
`(day/monthYear)
`
`Applicant's or agent's file reference
`see form PCTASA/?220
`See paragraph 2 below
`
`International application No.
`Priority date (day/month/year)
`Internationalfiling date (day/month/year)
`PCT/EP2019/077016
`07.10.2019
`08.10.2018
`
` FOR FURTHER ACTION
`
`
`
`
`
`
`
`International Patent Classification (IPC) or both national classification and IPC
`INV. GO3F7/20
`
`
`Applicant
`ASML NETHERLANDS B.V.
`
`
`1.
`
`This opinion contains indications relating to the following items:
`
`J Box No.|
`TC Box No.|
`L1 Box No.III
`[LC Box No. IV
`Box No. V
`
`Basis of the opinion
`Priority
`Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`Lack of unity of invention
`Reasoned statement under Rule 43b6is.1(a)(i) with regard to novelty, inventive step and industrial
`applicability; citations and explanations supporting such statement
`Certain documentscited
`LI Box No. VI
`Certain defects in the international application
`[C1 Box No. VII
`L] Box No. VIIl Certain observations on the international application
`FURTHER ACTION
`
`2.
`
`If a demand for international preliminary examination is made, this opinion will usually be considered to be a
`written opinion of the International Preliminary Examining Authority ("IPEA") except that this does not apply where
`the applicant chooses an Authority other than this one to be the IPEA and the chosen IPEAhasnotifed the
`International Bureau under Rule 66.16is(b) that written opinions of this International Searching Authority
`will not be so considered.
`
`If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to
`submit to the IPEA a written reply together, where appropriate, with amendments, before the expiration of 3 months
`from the date of mailing of Form PCTASA220 or before the expiration of 22 months from the priority date,
`whichever expireslater.
`
`For further options, see Form PCTASA/220.
`
`
`Date of completion of
`Name and mailing address of the ISA:
`this opinion
`see form
`PCTASA210
`
`d) European Patent Office
`
`
`
` Authorized Officer
`
`Meixner, Matthias
`
`i »)
`
`%®Perey
`ugad®™
`
`D-80298 Munich
`Tel. +49 89 2399 - 0
`“09 sy"
`Telephone No. +49 89 2399-0
`Fax: +49 89 2399 - 4465
`
`
`Form PCTASA/237 (Cover Sheet) (January 2015)
`
`
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/EP2019/77016
`
`Box No.| Basis of the opinion
`
`1. With regard to the language, this opinion has been established on the basis of:
`
`the international application in the language in which it wasfiled.
`
`a translation of the international application into , which is the language of a translation furnished for the
`purposesof international search (Rules 12.3(a) and 23.1 (b)).
`
`This opinion has been established taking into account the rectification of an obvious mistake authorized
`by or notified to this Authority under Rule 91 (Rule 43/s.1(a))
`
`With regard to any nucleotide and/or amino acid sequencedisclosedin the international application, this
`opinion has been established on the basis of a sequencelisting:
`
`i O
`
`a.
`
`LU forming part of the international application asfiled:
`
`C1
`
`in the form of an Annex CST.25 textfile.
`
`C1 on paper or in the form of an imagefile.
`
`b.
`
`OO furnished together with the international application under PCT Rule 13ter.1(a) for the purposesof
`international search only in the form of an Annex CAST.25textfile.
`
`c.
`
`LU furnished subsequent to the internationalfiling date for the purposesof international search only:
`
`C1
`
`in the form of an Annex C/ST.25textfile (Rule 13fer.1(a)).
`
`C1 on paper or in the form of an imagefile (Rule 13fer.1(b) and Administrative Instructions, Section
`713).
`
`In addition, in the case that more than one version or copy of a sequencelisting has been filed or furnished,
`the required statements that the information in the subsequent or additional copies is identical to that
`forming part of the application as filed or does not go beyond the application as filed, as appropriate, were
`furnished.
`
`5. Additional comments:
`
`Form PCTASA/237 (January 2015)
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/EP2019/77016
`
` Reasoned statement under Rule 43 bis.1(a)(i) with regard to novelty, inventive step or
`Box No. V
`industrial applicability; citations and explanations supporting such statement
`
`1. Statement
`
`Novelty (N)
`
`Yes: Claims
`No:
`Claims
`
`2, 6-10
`
`1, 3-5, 11-15
`
`Inventive step (IS)
`
`Industrial applicability (IA)
`
`Yes: Claims
`No:
`Claims
`
`Yes: Claims
`No:
`Claims
`
`1-15
`
`1-15
`
`2. Citations and explanations
`
`see separate sheet
`
`Form PCTASA/237 (January 2015)
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING
`AUTHORITY (SEPARATE SHEET)
`
`International application No.
`
`PCT/EP2019/077016
`
`Re ltem V
`
`Reasoned statementwith regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`
`1
`
`Reference is made to the following documents:
`
`D1 US 2013/258310 A1 (SMILDE HENDRIK JAN HIDDE) 3 October 2013
`
`D2 US 2018/129139 A1 (JIANG AIQIN) 10 May 2018
`
`D3 WO 2015/078669 A1 (ASML NETHERLANDS)4 June 2015
`
`D4 US5789 124 A (TODD BRADLEY GENE) 4 August 1998
`
`2
`
`3
`
`3.1
`
`The present application does not meetthe criteria of Article 33(2) PCT, because
`the subject-matter of claims 1 and 12 is not new.
`
`INDEPENDENT CLAIM 1
`
`D1 discloses a method of measuring a performance parameter ofa lithographic
`process (par. 81-104, fig. 7-10), the method comprising:
`
`|. obtaining a plurality of asymmetry measurements from locations on a
`target formed on the substrate (par. 83, fig. 7);
`
`Il.
`
`fitting the plurality of asymmetry measurementsto at least one expected
`relationship between asymmetry and said performance parameter, based
`on a bias variation between the locations on the target (par. 84-86, fig. 8);
`and
`
`lll.
`
`from the fitted relationship, deriving a measure of said performance
`parameter (par. 92-104, fig. 6,8).
`
`3.2
`
`The subject-matter of claim 1 is therefore not new (Article 33(2) PCT).
`
`INDEPENDENT CLAIM 12
`
`4.1
`
`D1 discloses a patterning device (MA)for usein a lithographic apparatus (),
`
`|.
`
`the patterning device comprising portions that define one or more device
`patterns (par. 41,52,53, fig. 1) and
`
`Il. portions that define one or more metrology patterns (par. 41,53, fig. 1),
`
`Form PCT/ISA/237 (Separate Sheet) (Sheet 1) (EPO-April 2005)
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING
`AUTHORITY (SEPARATE SHEET)
`
`International application No.
`
`PCT/EP2019/077016
`
`Ill.
`
`the metrology patterns including at least one target for use in a method
`with all the features listed under paragraph 3.1.
`
`4.2
`
`The same reasoning asfor claim 1 therefore applies, mutatis mutandis, also to
`the subject matter of claim 12 which is also not new according to Article 33(2)
`PCT.
`
`5.2
`
`5.3
`
`5.4
`
`5.5
`
`DEPENDENT CLAIMS 2-11, 13-15
`
`Dependent claims 2 to 11 and 13 to 15 do not contain any features which, in
`combination with the features of any claim to which they refer, meet the
`requirements of the PCT in respect of novelty and/or inventive step (Article
`33(2) PCT and Article 33(3) PCT).
`
`The additional feature of claim 2 is known from D2. The inclusion of a step of
`discounting measurements discounting from the expected relationship (par.
`161) into the method of D1 would be an obvious matter in order to improve the
`accuracy ofthe fitting process.
`
`The additional features of claims 3 to 5, 11 and 13 to 15 are disclosed in D1 as
`D1 shows a method where the expected relationship includes zero asymmetry
`for a certain bias value (par. 81-83, fig. 7), the measurements comprising
`measurements at locations with several positive and negative bias values (par.
`89,90, fig. 9), associated with a continuous variation of bias across a target
`region (par. 103,104) and wherein the performance parameter is overlay (par.
`87-104, fig. 9,10) and the bias variation is a variation of positional offset
`between featuresin twodifferent layers (par. 73, fig. 4).
`
`The additional features of claims 6 and 7 are known from D3. The inclusion of a
`step of obtaining asymmetry measurements from two sub-targets with equal
`and opposite bias variation (par. 70,71, fig. 12), where the fit of the
`measurementsto the expected relationship is combined to determine the
`performance parameter (par. 72-77, fig. 13) into the method of D1 would be an
`obvious matter in order to increase the accuracy of the performance parameter
`determination.
`
`The additional features of claims 8 to 10 are disclosed in D4. The inclusion of
`an anchor point defined by a feature of the target (col. 8, lines 23-42, fig. 3)
`comprising a variation of the measured asymmetryresulting in changesof the
`slope of a bias variation (col. 8, line 23 - col. 9, line 45, fig. 3,3A) into the
`method of D1 would be an obvious design matter in order to increase the
`accuracy of the performance parameter determination.
`
`Form PCT/ISA/237 (Separate Sheet) (Sheet 2) (EPO-April 2005)
`
`