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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/2/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straw et al. U.S. PGPUB No. 2011/0248164 in view of Nufer et al. U.S. PGPUB No. 2020/0238206.
Regarding claim 1, Straw discloses a method for producing at least one sample on an object using a material processing device having at least one light beam device that provides at least one light beam (“laser milling of a sample surface” [0015]), the method comprising: guiding the light beam over a surface of the object in a first direction along a multiplicity of scan lines of a scanning region (“the beam scans horizontally towards the right along each scan line” [0103]) using a guiding device for the light beam (“a scanning mirror or a group of scanning mirrors… can provide for… scanning of the laser beam” [0061]) and/or by moving the object using a movable object stage, on which the object is arranged (“a precision stage (not shown), which preferably can translate the sample in the X-Y plane, and more preferably can also translate the work piece in the Z-axis, as well as being able to tilt and rotate the sample for maximum flexibility in fabricating three-dimensional structures” [0065]), wherein the light beam is provided in pulsed fashion by the light beam device (“a short, nanosecond to femtosecond, pulsed laser beam” [0063]) and is guided onto the surface of the object in such a way that the light beam ablates material from the object in a first operational state of the light beam device and does not ablate material from the object in a second operational state of the light beam device (“pulsed lasers have a minimum time to recover after each laser pulse… Once the laser has recovered from the previous pulse, it is ready to fire again” [0078] – ablation occurs in a first state when the laser is fired, and ablation does not occur in a second state when the laser is recovering); changing the first direction into a second direction by rotating the first scanning region about an axis of rotation that runs through the surface of the object (“The beam scans to the right along the X-axis 2102… The Y-axis (vertical downwards) 2104 is the slow-scan direction of the raster” [0103]). However, although Straw discloses moving the beam in an x-direction and in a y-direction ([0103]), Straw does not explicitly disclose that lines are formed when moving in the y-direction. Therefore, Straw does not explicitly disclose guiding the light beam over the surface of the object in the second direction along a second line multiplicity of scan lines of the scanning region, with the first direction differing from the second direction, wherein the light beam is guided onto the surface of the object in such a way that the light beam ablates material from the object in the first operational state of the light beam device and does not ablate material from the object in the second operational state of the light beam device and wherein the sample is produced in the first operational state by ablating material from the object.
Nufer discloses a method for producing at least one sample on an object using a material processing device having at least one light beam device that provides at least one light beam (“to laser ablate a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011]), the method comprising: guiding the light beam over a surface of the object in a first direction along a multiplicity of scan lines of a scanning region (“the laser radiation is scanned in a plurality of partially overlapping lines… for example in a raster scan” [0067] – see also the electrode pattern of figure 10 having electrodes formed by scanning the light beam along lines in a first direction) using a guiding device for the light beam (“The scanning optical system 6 illuminates a donor material 11 (depicted schematically in FIGS. 2-5) with the laser radiation” [0065]), wherein the light beam is provided in pulsed fashion by the light beam device (“the laser is a pulsed solid state laser. In an embodiment a nanosecond-pulsed laser is used” [0077]) and is guided onto the surface of the object in such a way that the light beam ablates material from the object in a first operational state of the light beam device and does not ablate material from the object in a second operational state of the light beam device (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw); changing the first direction into a second direction by rotating the first scanning region about an axis of rotation that runs through the surface of the object (Nufer discloses a laser to ablate “a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011] and illustrates in figure 10, an electrode pattern formed by laser ablation having a plurality of lines in a first direction and a plurality of lines in a second direction, both having therefore been formed by scanning the light beam to ablate material in the respective directions); and guiding the light beam over the surface of the object in the second direction along a second line multiplicity of scan lines of the scanning region (Nufer discloses a laser to ablate “a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011] and illustrates in figure 10, an electrode pattern formed by laser ablation having a plurality of lines in a first direction and a plurality of lines in a second direction, both having therefore been formed by scanning the light beam to ablate material in the respective directions), with the first direction differing from the second direction (as illustrated in figure 10), wherein the light beam is guided onto the surface of the object in such a way that the light beam ablates material from the object in the first operational state of the light beam device and does not ablate material from the object in the second operational state of the light beam device (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw) and wherein the sample is produced in the first operational state by ablating material from the object (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw with the laser ablation pattern of Nufer in order to form a particular pattern of electrodes on a sample (as illustrated in figure 10 of Nufer) which provides a desirable electric field shape when energized with a particular voltage.
Regarding claim 11, Straw discloses that the method has at least one of the following features: the first direction is changed into the second direction by rotating the scanning region in a plane (since the lines scanned are part of a raster pattern: “the beam moves (typically in a raster pattern) across the sample surface” [0078]); the first line runs from a first point on the surface of the object in the direction of a second point on the surface of the object, with the axis of rotation intersecting the first line (since the lines scanned are part of a raster pattern: “the beam moves (typically in a raster pattern) across the sample surface” [0078]).
Regarding claim 12, Straw discloses the claimed invention except that while Straw discloses moving the beam in an x-direction and in a y-direction ([0103]), Straw does not explicitly disclose that the axis of rotation is a first axis of rotation and wherein the method further comprises: changing the second direction into a third direction (), the second direction being changed into the third direction by rotating the scanning region about a second axis of rotation on the surface of the object; and guiding the light beam over the surface of the object in the third direction along the a third multiplicity of scan lines of the scanning region, with the second direction differing from the third direction, wherein the light beam is guided onto the surface of the object in such a way that the light beam ablates material from the object in the first operational state of the light beam device and does not ablate material from the object in the second operational state of the light beam device.
Nufer discloses that the axis of rotation is a first axis of rotation and wherein the method further comprises: changing the second direction into a third direction (Nufer discloses a laser to ablate “a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011] and illustrates in figure 10, an electrode pattern formed by laser ablation having a plurality of lines in a first direction and a plurality of lines in a second direction, both having therefore been formed by scanning the light beam to ablate material in the respective directions, and Nufer can be construed to include a third direction the same as or opposite to the first direction, forming parallel lines to those formed in the first direction), the second direction being changed into the third direction by rotating the scanning region about a second axis of rotation on the surface of the object (as understood from the pattern formed in figure 10 by laser ablation as described in paragraph [0011]); and guiding the light beam over the surface of the object in the third direction along the a third multiplicity of scan lines of the scanning region (as understood from the pattern formed in figure 10 by laser ablation as described in paragraph [0011]), with the second direction differing from the third direction (as understood from the pattern formed in figure 10 by laser ablation as described in paragraph [0011]), wherein the light beam is guided onto the surface of the object in such a way that the light beam ablates material from the object in the first operational state of the light beam device and does not ablate material from the object in the second operational state of the light beam device (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw with the laser ablation pattern of Nufer in order to form a particular pattern of electrodes on a sample (as illustrated in figure 10 of Nufer) which provides a desirable electric field shape when energized with a particular voltage.
Regarding claim 13, Straw discloses that the second direction is changed into the third direction by rotating the scanning region in the plane (“the beam moves (typically in a raster pattern) across the sample surface” [0078]). By rastering the beam, the beam is moved along a first line, then the direction is changed by some angle, and then a new line is scanned, and then the direction is changed again by some angle, and then a new line is scanned.
Regarding claim 15, Straw discloses that the sample is processed using a particle beam 212, the particle beam being provided by a particle beam generator 201 of the material processing device 200.
Regarding claim 16, Straw discloses at least one of the following features: a laser beam is used as the light beam, with the light beam device being designed as a laser beam device; a pulsed laser is used as the light beam, with the light beam device being designed as a laser beam device; a laser beam of an ultrashort pulse laser beam device is used as a light beam (“A pulsed laser enables milling of a sample at material removal rates several orders of magnitude larger than possible for a focused ion beam” [Abstract]). Straw discloses a femtosecond laser (“A preferred laser provides a short, nanosecond to femtosecond, pulsed laser beam. Suitable lasers include, for example, a Ti:Sapphire oscillator or amplifier, a fiber-based laser, or an ytterbium- or chromium-doped thin disk laser” [0064]).
Regarding claim 17, Straw discloses a non-transitory computer readable medium containing software, which can be loaded into a processor and which, when executed, causes a material processing device to produce at least one sample on an object (“The invention described herein includes these and other various types of computer-readable storage media when such media contain instructions or programs for implementing the steps described above in conjunction with a microprocessor or other data processor. The invention also includes the computer itself when programmed according to the methods and techniques described herein” [0110]) by performing the following: guiding a light beam of a light beam device of the material processing device over a surface of the object in a first direction along a first line multiplicity of scan lines of a scanning region (“the beam scans horizontally towards the right along each scan line” [0103]) using a guiding device for the light beam (“a scanning mirror or a group of scanning mirrors… can provide for… scanning of the laser beam” [0061]) and/or by moving the object using a movable object stage, on which the object is arranged (“a precision stage (not shown), which preferably can translate the sample in the X-Y plane, and more preferably can also translate the work piece in the Z-axis, as well as being able to tilt and rotate the sample for maximum flexibility in fabricating three-dimensional structures” [0065]), wherein the light beam is provided in pulsed fashion by the light beam device (“a short, nanosecond to femtosecond, pulsed laser beam” [0063]) and is guided onto the surface of the object in such a way that the light beam ablates material from the object in a first operational state of the light beam device and does not ablate material from the object in a second operational state of the light beam device (“pulsed lasers have a minimum time to recover after each laser pulse… Once the laser has recovered from the previous pulse, it is ready to fire again” [0078] – ablation occurs in a first state when the laser is fired, and ablation does not occur in a second state when the laser is recovering); and changing the first direction into a second direction by rotating the first line scanning region about an axis of rotation that runs through the surface of the object (“The beam scans to the right along the X-axis 2102… The Y-axis (vertical downwards) 2104 is the slow-scan direction of the raster” [0103]). However, although Straw discloses moving the beam in an x-direction and in a y-direction ([0103]), Straw does not explicitly disclose guiding the light beam over the surface of the object in the second direction along a second line multiplicity of scan lines of the scanning region, with the first direction differing from the second direction, wherein the light beam is guided onto the surface of the object in such a way that the light beam ablates material from the object in the first operational state of the light beam device and does not ablate material from the object in the second operational state of the light beam device and wherein the sample is produced in the first operational state by ablating material from the object.
Nufer discloses a method for producing at least one sample on an object using a material processing device having at least one light beam device that provides at least one light beam (“to laser ablate a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011]), the method comprising: guiding the light beam over a surface of the object in a first direction along a multiplicity of scan lines of a scanning region (“the laser radiation is scanned in a plurality of partially overlapping lines… for example in a raster scan” [0067] – see also the electrode pattern of figure 10 having electrodes formed by scanning the light beam along lines in a first direction) using a guiding device for the light beam (“The scanning optical system 6 illuminates a donor material 11 (depicted schematically in FIGS. 2-5) with the laser radiation” [0065]), wherein the light beam is provided in pulsed fashion by the light beam device (“the laser is a pulsed solid state laser. In an embodiment a nanosecond-pulsed laser is used” [0077]) and is guided onto the surface of the object in such a way that the light beam ablates material from the object in a first operational state of the light beam device and does not ablate material from the object in a second operational state of the light beam device (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw); changing the first direction into a second direction by rotating the first scanning region about an axis of rotation that runs through the surface of the object (Nufer discloses a laser to ablate “a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011] and illustrates in figure 10, an electrode pattern formed by laser ablation having a plurality of lines in a first direction and a plurality of lines in a second direction, both having therefore been formed by scanning the light beam to ablate material in the respective directions); and guiding the light beam over the surface of the object in the second direction along a second line multiplicity of scan lines of the scanning region (Nufer discloses a laser to ablate “a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011] and illustrates in figure 10, an electrode pattern formed by laser ablation having a plurality of lines in a first direction and a plurality of lines in a second direction, both having therefore been formed by scanning the light beam to ablate material in the respective directions), with the first direction differing from the second direction (as illustrated in figure 10), wherein the light beam is guided onto the surface of the object in such a way that the light beam ablates material from the object in the first operational state of the light beam device and does not ablate material from the object in the second operational state of the light beam device (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw) and wherein the sample is produced in the first operational state by ablating material from the object (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw with the laser ablation pattern of Nufer in order to form a particular pattern of electrodes on a sample (as illustrated in figure 10 of Nufer) which provides a desirable electric field shape when energized with a particular voltage.
Regarding claim 18, Straw discloses, a material processing device for processing an object, comprising: at least one light beam device for providing at least one light beam (“laser milling of a sample surface” [0015]); at least one guiding device for guiding the light beam (“a scanning mirror or a group of scanning mirrors… can provide for… scanning of the laser beam” [0061]) and/or at least one movable object stage (“a precision stage (not shown), which preferably can translate the sample in the X-Y plane, and more preferably can also translate the work piece in the Z-axis, as well as being able to tilt and rotate the sample for maximum flexibility in fabricating three-dimensional structures” [0065]); and at least one control device having a processor coupled to a non-transitory computer readable medium containing software which, when executed by the processor (“The invention described herein includes these and other various types of computer-readable storage media when such media contain instructions or programs for implementing the steps described above in conjunction with a microprocessor or other data processor. The invention also includes the computer itself when programmed according to the methods and techniques described herein” [0110]), produces at least one sample on the object (“laser milling of a sample surface” [0015]) by performing the following: guiding the light beam over a surface of the object in a first direction along a first line multiplicity of scan lines of a scanning region (“the beam scans horizontally towards the right along each scan line” [0103]) using the guiding device (“a scanning mirror or a group of scanning mirrors… can provide for… scanning of the laser beam” [0061]) and/or by moving the object using the movable object stage, on which the object is arranged (“a precision stage (not shown), which preferably can translate the sample in the X-Y plane, and more preferably can also translate the work piece in the Z-axis, as well as being able to tilt and rotate the sample for maximum flexibility in fabricating three-dimensional structures” [0065]), wherein the light beam is provided in pulsed fashion by the light beam device (“a short, nanosecond to femtosecond, pulsed laser beam” [0063]) and is guided onto the surface of the object in such a way that the light beam ablates material from the object in a first operational state of the light beam device and does not ablate material from the object in a second operational state of the light beam device (“pulsed lasers have a minimum time to recover after each laser pulse… Once the laser has recovered from the previous pulse, it is ready to fire again” [0078] – ablation occurs in a first state when the laser is fired, and ablation does not occur in a second state when the laser is recovering); and changing the first direction into a second direction by rotating the scanning region about an axis of rotation that runs through the surface of the object (“The beam scans to the right along the X-axis 2102… The Y-axis (vertical downwards) 2104 is the slow-scan direction of the raster” [0103]). However, although Straw discloses moving the beam in an x-direction and in a y-direction ([0103]), Straw does not explicitly disclose guiding the light beam over the surface of the object in the second direction along a second line multiplicity of scan lines of the scanning region, with the first direction differing from the second direction, wherein the light beam is guided onto the surface of the object in such a way that the light beam ablates material from the object in the first operational state of the light beam device and does not ablate material from the object in the second operational state of the light beam device and wherein the sample is produced in the first operational state by ablating material from the object.
Nufer discloses a method for producing at least one sample on an object using a material processing device having at least one light beam device that provides at least one light beam (“to laser ablate a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011]), the method comprising: guiding the light beam over a surface of the object in a first direction along a multiplicity of scan lines of a scanning region (“the laser radiation is scanned in a plurality of partially overlapping lines… for example in a raster scan” [0067] – see also the electrode pattern of figure 10 having electrodes formed by scanning the light beam along lines in a first direction) using a guiding device for the light beam (“The scanning optical system 6 illuminates a donor material 11 (depicted schematically in FIGS. 2-5) with the laser radiation” [0065]), wherein the light beam is provided in pulsed fashion by the light beam device (“the laser is a pulsed solid state laser. In an embodiment a nanosecond-pulsed laser is used” [0077]) and is guided onto the surface of the object in such a way that the light beam ablates material from the object in a first operational state of the light beam device and does not ablate material from the object in a second operational state of the light beam device (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw); changing the first direction into a second direction by rotating the first scanning region about an axis of rotation that runs through the surface of the object (Nufer discloses a laser to ablate “a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011] and illustrates in figure 10, an electrode pattern formed by laser ablation having a plurality of lines in a first direction and a plurality of lines in a second direction, both having therefore been formed by scanning the light beam to ablate material in the respective directions); and guiding the light beam over the surface of the object in the second direction along a second line multiplicity of scan lines of the scanning region (Nufer discloses a laser to ablate “a pattern in a layer of metal on the collecting substrate that is to be used as an electrode arrangement in a sensor” [0011] and illustrates in figure 10, an electrode pattern formed by laser ablation having a plurality of lines in a first direction and a plurality of lines in a second direction, both having therefore been formed by scanning the light beam to ablate material in the respective directions), with the first direction differing from the second direction (as illustrated in figure 10), wherein the light beam is guided onto the surface of the object in such a way that the light beam ablates material from the object in the first operational state of the light beam device and does not ablate material from the object in the second operational state of the light beam device (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw) and wherein the sample is produced in the first operational state by ablating material from the object (since Nufer discloses a pulsed laser beam as in paragraph [0077], the light beam ablates material from the object in a first operational state and does not ablate material from the object in a second operational state, as discussed above with respect to paragraph [0078] of Straw).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw with the laser ablation pattern of Nufer in order to form a particular pattern of electrodes on a sample (as illustrated in figure 10 of Nufer) which provides a desirable electric field shape when energized with a particular voltage.
Regarding claim 19, Straw discloses at least one of the following features: a laser beam is used as the light beam, with the light beam device being designed as a laser beam device; a pulsed laser is used as the light beam, with the light beam device being designed as a laser beam device; a laser beam of an ultrashort pulse laser beam device is used as a light beam (“A pulsed laser enables milling of a sample at material removal rates several orders of magnitude larger than possible for a focused ion beam” [Abstract]). Straw discloses a femtosecond laser (“A preferred laser provides a short, nanosecond to femtosecond, pulsed laser beam. Suitable lasers include, for example, a Ti:Sapphire oscillator or amplifier, a fiber-based laser, or an ytterbium- or chromium-doped thin disk laser” [0064]).
Regarding claim 20, Straw discloses that the material processing device has the following features: at least one particle beam apparatus having at least one beam generator 201 that generates a particle beam 212 having charged particles, at least one objective lens that focuses the particle beam onto the object (“an electron source (not shown) for producing electrons and electron-optical lenses (not shown) for forming a finely focused beam of electrons 1150 which may be used for SEM imaging of the sample surface 1120” [0066]), at least one scanning device that scans the particle beam over the object (“Sample 1120 is typically positioned on a precision stage (not shown), which preferably can translate the sample in the X-Y plane, and more preferably can also translate the work piece in the Z-axis, as well as being able to tilt and rotate the sample for maximum flexibility in fabricating three-dimensional structures” [0065]), at least one detector that detects interaction particles and/or interaction radiation resulting from an interaction of the particle beam with the object (“two types of detectors are employed: type-1 detectors provide high gain imaging during scanning of the sample with an electron or ion beam, while type-2 detectors enable lower gain imaging and endpoint detection during laser milling” [Abstract]), and at least one display device that displays an image and/or an analysis of the object (“The output information is applied to one or more output devices such as a display monitor” [0111]).
Regarding claim 21, Straw discloses that the beam generator is designed as a first beam generator 1102 and the particle beam is embodied as a first particle beam with first charged particles 1150, wherein the objective lens is designed as a first objective lens for focusing the first particle beam onto the object (“an electron source (not shown) for producing electrons and electron-optical lenses (not shown) for forming a finely focused beam of electrons 1150 which may be used for SEM imaging of the sample surface 1120” [0066]), and wherein the particle beam apparatus further includes: at least one second beam generator 1104 that generates a second particle beam comprising second charged particles 1152; and at least one second objective lens that focuses the second particle beam onto the object (“Ion beam column 1104 typically forms a beam of ions 1152 which may be focused onto the sample surface 1120 at or near the focal point of the laser beam 1118” [0065] – since FIB column focuses ions, it necessarily incudes a device acting as a lens, and the final lens is an objective lens).
Regarding claim 22, Straw discloses at least one of the following features: the particle beam apparatus is an electron beam apparatus and/or an ion beam apparatus (“Charged particle beams include ion beams and electron beams” [0003]); the material processing device is designed as the particle beam apparatus (“Charged particle beam systems are used in a variety of applications, including the manufacturing, repair, and inspection of miniature devices, such as integrated circuits, magnetic recording heads, and photolithography masks. Charged particle beams include ion beams and electron beams” [0003]).
Claim(s) 2, 3, 4, 6, 7, 8, 9, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straw et al. U.S. PGPUB No. 2011/0248164 in view of Nufer et al. U.S. PGPUB No. 2020/0238206 in further view of Robinson et al. U.S. PGPUB No. 2004/0245466.
Regarding claim 2, Straw discloses the claimed invention except that there is no explicit disclosure of a second sample.
Robinson discloses a method of thinning multiple samples for electron microscopy (“multiple samples can be automatically processed up to, but not including the final cut. After thinning, samples must then be manually transferred to a support grid and into a TEM holder” [0012]) wherein “Because the sample has been pre-cut with a precision laser, there is a minimum of actual trimming required in the FIB, eliminating 45 minutes to two hours of milling time” [0026]. Each sample is produced when a pulsed laser is irradiated to the sample surface during a pulse of the laser (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece” [0022]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with the multiple sample ablation technique of Robinson in order to make the method of Straw repeatable to produce a multitude of samples instead of merely a single sample, thereby improving the economy of utilizing an ablation device by reusing the device for additional samples.
Regarding claim 3, Straw discloses the claimed invention except that there is no explicit disclosure of a second sample.
Robinson discloses a method of thinning multiple samples for electron microscopy (“multiple samples can be automatically processed up to, but not including the final cut. After thinning, samples must then be manually transferred to a support grid and into a TEM holder” [0012]) wherein “Because the sample has been pre-cut with a precision laser, there is a minimum of actual trimming required in the FIB, eliminating 45 minutes to two hours of milling time” [0026]. Each sample is produced when a pulsed laser is irradiated to the sample surface during a pulse of the laser (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece” [0022]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with the multiple sample ablation technique of Robinson in order to make the method of Straw repeatable to produce a multitude of samples instead of merely a single sample, thereby improving the economy of utilizing an ablation device by reusing the device for additional samples.
Regarding claim 4, Straw discloses the claimed invention except that there is no explicit disclosure of a second sample.
Robinson discloses a method of thinning multiple samples for electron microscopy (“multiple samples can be automatically processed up to, but not including the final cut. After thinning, samples must then be manually transferred to a support grid and into a TEM holder” [0012]) wherein “Because the sample has been pre-cut with a precision laser, there is a minimum of actual trimming required in the FIB, eliminating 45 minutes to two hours of milling time” [0026]. Each sample is produced when a pulsed laser is irradiated to the sample surface during a pulse of the laser (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece” [0022]). The first sample has a first face with a first center, wherein the second sample has a second face with a second center and wherein the first sample and the second sample are produced such that the first center is at a distance from the second center, wherein the distance is less than 900 µm (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece. The cut piece is on the order of 5 µm by 10 µm by the thickness of the wafer, 750 µm.” [0022]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with the multiple sample ablation technique of Robinson in order to make the method of Straw repeatable to produce a multitude of samples instead of merely a single sample, thereby improving the economy of utilizing an ablation device by reusing the device for additional samples.
Regarding claim 6, Straw discloses the claimed invention except that there is no explicit disclosure of a second sample.
Robinson discloses a method of thinning multiple samples for electron microscopy (“multiple samples can be automatically processed up to, but not including the final cut. After thinning, samples must then be manually transferred to a support grid and into a TEM holder” [0012]) wherein “Because the sample has been pre-cut with a precision laser, there is a minimum of actual trimming required in the FIB, eliminating 45 minutes to two hours of milling time” [0026]. Each sample is produced when a pulsed laser is irradiated to the sample surface during a pulse of the laser (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece” [0022]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with the multiple sample ablation technique of Robinson in order to make the method of Straw repeatable to produce a multitude of samples instead of merely a single sample, thereby improving the economy of utilizing an ablation device by reusing the device for additional samples.
Regarding claim 7, Straw discloses the claimed invention except that there is no explicit disclosure of a second sample.
Robinson discloses a method of thinning multiple samples for electron microscopy (“multiple samples can be automatically processed up to, but not including the final cut. After thinning, samples must then be manually transferred to a support grid and into a TEM holder” [0012]) wherein “Because the sample has been pre-cut with a precision laser, there is a minimum of actual trimming required in the FIB, eliminating 45 minutes to two hours of milling time” [0026]. Each sample is produced when a pulsed laser is irradiated to the sample surface during a pulse of the laser (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece” [0022]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with the multiple sample ablation technique of Robinson in order to make the method of Straw repeatable to produce a multitude of samples instead of merely a single sample, thereby improving the economy of utilizing an ablation device by reusing the device for additional samples. However, although Robinson discloses laser ablation of multiple samples, there is no explicit disclosure that the multiple samples includes the claimed number of samples. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to process the claimed number of samples since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to process the claimed number of samples for the purpose of ensuring that a desired number of samples is produced, where an operator may require a specific number of samples in order to properly analyze a subject from which the samples are ablated. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Regarding claim 8, Straw discloses the claimed invention except that there is no explicit disclosure of a second sample.
Robinson discloses a method of thinning multiple samples for electron microscopy (“multiple samples can be automatically processed up to, but not including the final cut. After thinning, samples must then be manually transferred to a support grid and into a TEM holder” [0012]) wherein “Because the sample has been pre-cut with a precision laser, there is a minimum of actual trimming required in the FIB, eliminating 45 minutes to two hours of milling time” [0026]. Each sample is produced when a pulsed laser is irradiated to the sample surface during a pulse of the laser (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece” [0022]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with the multiple sample ablation technique of Robinson in order to make the method of Straw repeatable to produce a multitude of samples instead of merely a single sample, thereby improving the economy of utilizing an ablation device by reusing the device for additional samples.
Regarding claim 9, Straw discloses the claimed invention except that there is no explicit disclosure of a second sample.
Robinson discloses a method of thinning multiple samples for electron microscopy (“multiple samples can be automatically processed up to, but not including the final cut. After thinning, samples must then be manually transferred to a support grid and into a TEM holder” [0012]) wherein “Because the sample has been pre-cut with a precision laser, there is a minimum of actual trimming required in the FIB, eliminating 45 minutes to two hours of milling time” [0026]. Each sample is produced when a pulsed laser is irradiated to the sample surface during a pulse of the laser (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece” [0022]). The first sample has a first face with a first center, wherein the second sample has a second face with a second center and wherein the first sample and the second sample are produced such that the first center is at a distance from the second center, wherein the distance is less than 900 µm (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece. The cut piece is on the order of 5 µm by 10 µm by the thickness of the wafer, 750 µm.” [0022]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with the multiple sample ablation technique of Robinson in order to make the method of Straw repeatable to produce a multitude of samples instead of merely a single sample, thereby improving the economy of utilizing an ablation device by reusing the device for additional samples.
Regarding claim 14, Straw discloses the claimed invention except that there is no explicit disclosure that the light beam is guided over the surface of the object in increments of less than 300nm.
Robinson discloses a method of thinning multiple samples for electron microscopy (“multiple samples can be automatically processed up to, but not including the final cut. After thinning, samples must then be manually transferred to a support grid and into a TEM holder” [0012]) using a pulsed laser (“The present invention is a tool with femto-laser machining capability. The laser cuts a sample out of a wafer that is strategically placed to handle the cut piece” [0022]). The light beam is guided over the surface of the object in increments of less than 300nm (“Samples must first be thinned to an ultra-thin membrane transparent to electrons: approximately 50 nm (0.00005 mm) or less” [0005]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with Robinson in order to ensure that a sample is made to be thin enough for a specific type of electron microscopy used to inspect the sample (where Robinson teaches that the sample must have a sufficient thickness in order to be viewed by transmission electron microscopy [Robinson: 0005]).
Claim(s) 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straw et al. U.S. PGPUB No. 2011/0248164 in view of Nufer et al. U.S. PGPUB No. 2020/0238206 in further view of Robinson et al. U.S. PGPUB No. 2004/0245466 in further view of Talbot et al. U.S. PGPUB No. 2001/0010356.
Regarding claim 5, Straw discloses the claimed invention, except that while Straw discloses laser milling of a sample (“A pulsed laser enables milling of a sample at material removal rates several orders of magnitude larger than possible for a focused ion beam. In some embodiments, a scanning electron microscope enables high resolution imaging of the sample during laser processing” [Abstract]), there is no explicit disclosure of a marking arranged on a face of a sample.
Talbot discloses that “More precise information about the location of structure fabricated on the wafer is needed, and can be provided by marking the back side of the substrate in accordance with the invention, e.g., by laser-milling or FIB-milling of marks such as marks 1670 and 1675 shown in FIG. 16. Such marks can be used to align an IR optical image acquired through the backside of the substrate with a FIB image, since the marks are visible in both types of image” [0075].
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw, Nufer, and Robinson with the alignment marks of Talbot in order to provide improved alignment of the sample in a subsequent imaging operation, thereby ensuring proper imaging of the sample.
Regarding claim 10, Straw discloses the claimed invention, except that while Straw discloses laser milling of a sample (“A pulsed laser enables milling of a sample at material removal rates several orders of magnitude larger than possible for a focused ion beam. In some embodiments, a scanning electron microscope enables high resolution imaging of the sample during laser processing” [Abstract]), there is no explicit disclosure of a marking arranged on a face of a sample.
Talbot discloses that “More precise information about the location of structure fabricated on the wafer is needed, and can be provided by marking the back side of the substrate in accordance with the invention, e.g., by laser-milling or FIB-milling of marks such as marks 1670 and 1675 shown in FIG. 16. Such marks can be used to align an IR optical image acquired through the backside of the substrate with a FIB image, since the marks are visible in both types of image” [0075].
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw, Nufer, and Robinson with the alignment marks of Talbot in order to provide improved alignment of the sample in a subsequent imaging operation, thereby ensuring proper imaging of the sample.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straw et al. U.S. PGPUB No. 2011/0248164 in view of Nufer et al. U.S. PGPUB No. 2020/0238206 in further view of Kidron et al. U.S. PGPUB No. 2006/0011868.
Regarding claim 23, Straw discloses the claimed invention except that while Straw discloses a semiconductor processing method wherein “Although much of the previous description is directed at processing semiconductor devices or wafers, the invention could be applied to any suitable substrate or surface” [0108], there is no explicit disclosure that the at least one sample is cylindrical.
Kidron discloses a method of processing a sample (“In preparing specimens of an electronic structure for electron microscopic examination, various polishing and milling processes can be used to section the structure until a specific characteristic feature is exposed” [0004]) wherein the sample is cylindrical (“the object 102 is a cylindrically shaped semiconductor wafer” [0131]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Straw and Nufer with the sample shape of Kidron in order to perform the method of Straw on an existing, commercially available semiconductor specimen, thereby adapting the method for a number of different shapes suitable for semiconductor processing.
Conclusion
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/JASON L MCCORMACK/Examiner, Art Unit 2881
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