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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for electron beams, does not reasonably provide enablement for other types of “beams”. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to practice the invention commensurate in scope with these claims. Claim 1 includes “adjusting a scan rate of a beam such that a quantity of charge deposited on each node of the plurality of nodes varies with respect to at least one other node”; the specification describes performing such a step with respect to an electron beam. However, charge control may be performed using other types of beams (such as optical beams, and ion beams) and the specification incudes no description of these types of beams, does not describe that these types of beams would be interchangeable with an electron beam, or does not describe that is it possible to control a quantity of charge deposited on a node using these or other types of beams. Claim 16 similarly recites “a beam” and dependent claims 2-15 and 17-20 inherit the limitations of independent claims 1 and 16. These rejections may be overcome by amending the independent claims to specify and electron beam, rather than merely “a beam”.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 1, Katou et al. U.S. PGPUB No. 2013/0105690 discloses a system for inspecting a sample, the system comprising: a controller 136 including circuitry configured to cause the system to perform: scanning a plurality of nodes (“pre-charge scanning areas” [Abstract]) of the sample to charge the plurality of nodes (“scanning with an electron beam in pre-charging are repeatedly executed, therefore the charge potential on the surface of a specimen exceeds the dielectric breakdown voltage” [Abstract]); adjusting a quantity of charge deposited on each node of the plurality of nodes varies with respect to at least one other node (“Pre-charging for defect candidates grouped in each group before photographing defect images of the defect candidates is executed all together” [0011] – figure 5 illustrates defects grouped into at least two separately pre-charged groups 507 and 509); generating a plurality of images (“plural images are photographed” [Abstract]); and comparing the plurality of images to enable detection of a defect associated with any of the plurality of nodes of the sample (“a reference image that is used for being compared with a defect candidate and an image of the defect candidate are photographed at a low magnification… With the use of the difference between both images, an accurate coordinate position of the defect candidate is specified” [0002]). Katou discloses the claimed invention except that there while Katou discloses separately pre-charging different areas 507 and 509 (see figure 5) Katou does not disclose adjusting a scan rate of a beam such that a quantity of charge deposited on each node of the plurality of nodes varies with respect to at least one other node.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, a system for inspecting a sample, the system comprising: adjusting a scan rate of a beam such that a quantity of charge deposited on each node of the plurality of nodes varies with respect to at least one other node.
Regarding independent claim 15; claim 15 includes substantially similar limitations to those of independent claim 1 and would be allowable at least for the reasons indicated with respect to independent claim 1.
Regarding dependent claims 2-14 and 16-20; these claims would be allowable at least for their dependence, either directly or indirectly, upon independent claims 1 and 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/Examiner, Art Unit 2881