Prosecution Insights
Last updated: July 17, 2026
Application No. 18/155,698

EMITTER FOR EMITTING CHARGED PARTICLES

Non-Final OA §103
Filed
Jan 17, 2023
Priority
Jul 16, 2020 — EU 20186333.9 +1 more
Examiner
SMITH, DAVID E
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASML Holding N.V.
OA Round
3 (Non-Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
910 granted / 1070 resolved
+17.0% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
19 currently pending
Career history
1092
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
81.4%
+41.4% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1070 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 . 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, 2, 4-6, 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar (US 5,399,238 B1) in view of Hill (US 20190108963 A1). Regarding claim 1, Kumar teaches an emitter configured to emit electrons, the emitter comprising: A body (base material 44) having a point (fig. 2E); A metal layer (adhesion layer 68) of a first metal on at least the point (adhesion layer 16 may be formed of metal such as titanium, col. 5 lines 27-31; layer 68 is similar to layer 16, col. 8 lines 28-29); and An electron source layer (low work-function material 60) on the metal layer, Wherein the point comprises a second metal (Cu, col. 7 line 65) other than the first metal. Kumar does not teach that the electron source layer comprises graphene. Hill teaches an electron emitter having an electron source layer comprising graphene ([0022, 0051]). It would have been obvious to one of ordinary skill in the art at the time of the invention to select graphene as the low-work function layer in the electron emitter of Kumar, based on the teaching of Hill that this is an appropriate electron emitter layer for use in an electron source which has high brightness ([0074]) and low chemical sensitivity ([0108]). Regarding claim 2, Kumar teaches that the second metal (titanium) has a higher melting point than the first metal (copper). Regarding claim 4, Kumar teaches that the second metal may be a refractory metal (tantalum, col. 5 lines 27-31). Regarding claim 5, Kumar teaches that the second metal is titanium. Regarding claim 6, Kumar teaches that the first metal is copper. Regarding claim 8, Kumar teaches that the metal layer and the electron source layer are concentric layers on at least part of a surface of the body (fig. 2E). Regarding claim 10, Kumar (as modified by Hill, above) teaches an electron source (field emitter device, fig. 3) comprising the emitter of claim 1. Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar in view of Hill and in further view of Yasuda (US 20100019648 A1). Regarding claim 11, Kumar and Hill teach all the limitations of claim 10 as described above. Kumar and Hill do not teach an electric field generator configured to generate an electric field at the point so as to lower a work function of the electron source layer. Yasuda teaches an electron emitter having an electric field generator (“applying a strong electric field to front end portion of the electron source”, [0099]; implicitly some generator must exist) to generate an electric field at the point of the emitter so as to lower the work function of the front end ([0099]). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the current claims to modify the system of Kumar and Hill to have the electric field generator for lowering a work function taught by Yasuda, in order to more easily extract electrons and increase the beam luminance (which inversely depends on the work function) with no unexpected result. Regarding claim 12, Yasuda teaches an electrically conductive suppressor (24, fig. 2) comprising a hole through which the body extends such that the point is exposed, wherein the suppressor is configured to reduce emission of electrons from parts of the emitter other than the point ([0097]). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the current claims to modify the system of Kumar and Hill to have the suppressor electrode taught by Yasuda, in order to prevent unwanted emission of electrons from side surfaces of the emitter. Claims 13-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar in view of Hill and in further view of Frosien (US 20060151711 A1). Regarding claim 13, Kumar and Hill teach all the limitations of claim 10 as described above. Kumar and Hill do not teach an illumination apparatus comprising the electron source of claim 10. Frosien teaches an illumination apparatus (charged beam column of inspection system 900, fig. 14) having a pointed field emitter electron source (132). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the current claims to use the electron emitter of Kumar (as modified by Hill) in the inspection device of Frosien, as a matter of substituting a known effective electron source with a similar tip shape and configuration (i.e. a row of pointed tips) to that taught by Frosien, and which could be expected to function equivalently in producing multiple beams for a charged particle inspection system. Regarding claim 14, Frosien teaches an aperture plate (41, fig. 14) comprising an aperture. Regarding claim 15, Frosien teaches an electron beam inspection apparatus (900) comprising the illumination apparatus of claim 13. Regarding claim 16, Kumar teaches an electron source comprising emitter configured to emit electrons, the emitter comprising: A body (base material 44) having a point (fig. 2E); A metal layer (adhesion layer 68) on at least the point (adhesion layer 16 may be formed of metal such as titanium, col. 5 lines 27-31; layer 68 is similar to layer 16, col. 8 lines 28-29); and An electron source layer (low work-function material 60) on the metal layer, Wherein the point comprises a different metal (Cu, col. 7 line 65) from the metal layer. Kumar does not teach that the electron source layer comprises graphene. Hill teaches an electron emitter having an electron source layer comprising graphene ([0022, 0051]). It would have been obvious to one of ordinary skill in the art at the time of the invention to select graphene as the low-work function layer in the electron emitter of Kumar, based on the teaching of Hill that this is an appropriate electron emitter layer for use in an electron source which has high brightness ([0074]) and low chemical sensitivity ([0108]). Kumar and Hill do not teach an illumination apparatus comprising the electron source. Frosien teaches an illumination apparatus (charged beam column of inspection system 900, fig. 14) having a pointed field emitter electron source (132). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the current claims to use the electron emitter of Kumar (as modified by Hill) in the inspection device of Frosien, as a matter of substituting a known effective electron source with multiple field emitter tips with no unexpected result. Regarding claim 18, Frosien teaches an aperture plate (41, fig. 14) comprising an aperture. Claims 1, 3, 7, 9, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Anazawa (US 20050212395 A1) in view of Khursheed (WO 2018217167 A1). Regarding claim 1, Anazawa teaches an emitter configured to emit electrons, the emitter comprising: A body (base body 2, fig. 1, [0094]) having a point (point filament structure, fig. 4B); An electron source layer (carbon nanotube structure 1, fig. 1, [0092]), the electron source layer comprising graphene (carbon nanotubes comprise graphene, [0004]); Where the point comprises a metal (tungsten, [0094], [0267]). Anazawa does not teach a metal layer on the point, where the graphene layer is on the metal layer, comprising a different metal than the point. Khursheed teaches that the work function of a graphene electron emission layer is lowered by placing it on a palladium, cobalt or nickel film (p. 3). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Anazawa to have a metal layer between the metal emitter and the graphite emission layer as taught by Khursheed, as Anazawa teaches that the system “may have any other layer” ([0192]) and one of ordinary skill in the art would be aware that adding a palladium, cobalt or nickel layer below the graphite layer would have the effect of increasing the work function of the electron emitter and produce a brighter electron beam with no unexpected result. Regarding claim 3, Anazawa teaches that the first metal is tungsten and Khursheed teaches that the second metal is nickel, so that in the combination the first metal would have a lower remanence than the second metal. Regarding claim 7, Khursheed teaches that the charged particle source layer is doped by the first metal (doping due to chemisorption, p. 12 line 32) Regarding claim 9, Anazawa teaches a heating element (filament 22) configured to provide a heat load to the body to promote thermionic electronic emission (thermal-emission type electron gun, figs.3, 4A-4C, [0024-0025]). Regarding claim 16, Anazawa teaches an illumination apparatus (electron microscope, [0002]) comprising an electron source comprising an emitter configured to emit electrons, the emitter comprising: A body (base body 2, fig. 1, [0094]) having a point (point filament structure, fig. 4B); An electron source layer (carbon nanotube structure 1, fig. 1, [0092]), the electron source layer comprising graphene (carbon nanotubes comprise graphene, [0004]); Where the point comprises a metal (tungsten, [0094], [0267]). Anazawa does not teach a metal layer on the point, where the graphene layer is on the metal layer, comprising a different metal than the point. Khursheed teaches that the work function of a graphene electron emission layer is lowered by placing it on a palladium, cobalt or nickel film (p. 3). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Anazawa to have a metal layer between the metal emitter and the graphite emission layer as taught by Khursheed, as Anazawa teaches that the system “may have any other layer” ([0192]) and one of ordinary skill in the art would be aware that adding a palladium, cobalt or nickel layer below the graphite layer would have the effect of increasing the work function of the electron emitter and produce a brighter electron beam with no unexpected result. Regarding claim 17, Anaszawa teaches that the emitter comprises a heating element (filament 22) configured to apply a heat load to the body so as to promote thermionic electron emission (thermal emission-type electron gun, fig. 3, 4A-4C, [0024-0025]). Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Anazawa in view of Yasuda and in further view of Khursheed. Regarding claim 19, Anazawa teaches a method of emitting a beam of electrons, the method comprising: Providing an emitter (electron-emission electrode, Abstract) configured to emit electrons, comprising an electron source layer (carbon nanotube structure 1, fig. 1) disposed on a body of the emitter; Heating the point so as to promote thermionic emission (thermal emission, [[0024]). Anazawa does not teach heating the tip to at least 500 C. Yasuda teaches a thermionic electron emitter in which a tip is heated to at least 500 C (1300 C, [0062]). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to heat the tip of Anazawa to the temperature taught by Yasuda, as a matter of selecting a known temperature range effective for promoting thermionic emission from a tip. Anazawa and Yasuda do not teach a metal layer disposed on at least a point of the body of the emitter. Khursheed teaches that the work function of a graphene electron emission layer is lowered by placing it on a palladium, cobalt or nickel film (p. 3). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Anazawa to have a metal layer between the metal emitter and the graphite emission layer as taught by Khursheed, as Anazawa teaches that the system “may have any other layer” ([0192]) and one of ordinary skill in the art would be aware that adding a palladium, cobalt or nickel layer below the graphite layer would have the effect of increasing the work function of the electron emitter and produce a brighter electron beam with no unexpected result. Regarding claim 20, Anazawa (as modified by Khursheed, above) teaches that the metal layer comprises a first metal, and the point of the body comprises a second metal other than the first metal. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SMITH whose telephone number is (571)270-7096. The examiner can normally be reached M to F 8:30 AM-5:00 PM. 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, Robert Kim can be reached at 22293. 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. /DAVID E SMITH/Examiner, Art Unit 2881
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Prosecution Timeline

Jan 17, 2023
Application Filed
Jul 07, 2025
Non-Final Rejection mailed — §103
Oct 06, 2025
Response Filed
Dec 31, 2025
Final Rejection mailed — §103
Mar 02, 2026
Response after Non-Final Action
Apr 16, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
92%
With Interview (+7.2%)
2y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1070 resolved cases by this examiner. Grant probability derived from career allowance rate.

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