Prosecution Insights
Last updated: April 19, 2026
Application No. 18/310,163

TRANSFERRING ALIGNMENT INFORMATION IN 3D TOMOGRAPHY FROM A FIRST SET OF IMAGES TO A SECOND SET OF IMAGES

Final Rejection §103
Filed
May 01, 2023
Examiner
BONANSINGA, AARON TIMOTHY
Art Unit
2673
Tech Center
2600 — Communications
Assignee
Carl Zeiss Smt GmbH
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
19 granted / 25 resolved
+14.0% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
29 currently pending
Career history
54
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
69.6%
+29.6% vs TC avg
§102
10.3%
-29.7% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 25 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/25/2025 was considered and placed in the applicant’s file. Response to Arguments Applicant’s arguments (see remarks), filed 11/25/2025, with respect to claims 1-27, have been fully considered but respectfully are unpersuasive. On page 8, applicant argues “Sase does not disclose or suggest using time-dependent interpolation of alignment information in cross-section images of a first set to transfer the alignment information from the cross-section images of the first set to cross-section images of a second set, in the manner covered by independent claim 1.” In response, the Office finds this argument unpersuasive. Based on the breadth of the claim language, the prior art by SASE et al. (US 20200218054 A1) explicitly teaches obtaining a second set of cross-section images mode (Fig. 18. Paragraph [0185]-SASE discloses in step 420, images of the specimen 9 are alternately captured by the first and second microscopes 30 and 40) in the second imaging mode (Fig. 18. Paragraph [0186]-SASE discloses the controller 50 causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1. Prior to the imaging, the controller 50 controls the optical system 20 to switch to the objective lens 21a. In paragraph [0189]-SASE discloses after the termination of imaging by the first microscope 30, the controller 50 causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2. Prior to the above, the controller 50 controls the optical system 20 to switch to the objective lens 21b (wherein the first and/or second imaging mode is a second or different microscope, imaging procedure or parameter, observation condition, lens, wavelength, timing, resolution, imaging region). Please also read paragraph [0089-0091, 0150-0151 and 0222]), the second cross-section images being taken at times Tbj which are different from the times Tai (Fig. 18. Paragraph [0192]-SASE discloses after the termination of imaging by the second microscope 40, the controller 50 causes the optical system 20 to switch to the objective lens 21a, causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1+ΔT.sub.1, controls the optical system 20 to switch to the objective lens 21b, and causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2+ΔT.sub. The controller 50 causes the first and second microscopes 30 and 40 to repeatedly alternate imaging of the specimen 9. This allows images of the specimen 9 to be successively captured with respect to time. Further in paragraph [0183]-SASE discloses as an example of the imaging conditions of the first observation condition, there are set an imaging interval ΔT.sub.1. As an example of the imaging conditions of the second observation condition, there are set an imaging interval ΔT.sub.2. Moreover, in paragraph [0209]-SASE discloses the imaging intervals for the first and second microscopy are ΔT.sub.1 and ΔT.sub.2 (wherein times Tbj and Tai are the imaging intervals for the first and second microscopy)); using time-dependent interpolation of the alignment information (Fig. 20. Paragraph [0195]-SASE discloses in step 440, the image generator 61 generates, by interpolation, corresponding image data for the target time) in the cross-section images of the first set to transfer the alignment information from the cross-section images of the first set to the cross-section images of the second set (Fig. 20. Paragraph [0196]-SASE discloses FIG. 21 illustrates a principle of generating corresponding image data by time interpolation. Herein, as an example, two images 231 and 232 each captured at mutually different times T.sub.1 (=Ta) and T.sub.1+ΔT.sub.1 (=Tb) are interpolated, to thus generate a corresponding image 235 at the time T.sub.2 (=Tc) between the times Ta and Tb. In paragraph [0201]-SASE discloses as illustrated in the bottom row of FIG. 20, the image generator 61 generates image data of the corresponding images 235 and 236 at each of the times T.sub.2 and T.sub.21 that have been selected in step 430, on the basis of image data of two images 231 and 232 captured at the times T.sub.1 and T.sub.1+ΔT.sub.1 among the plurality of microscopic image data of the first microscope 30. The image generator 61 generates image data of a corresponding image 237 at the time T.sub.1+ΔT.sub.1 that has been selected in step 430, on the basis of image data of two images 233 and 234 captured at the times T.sub.2 and T.sub.2+ΔT.sub.2 among the plurality of microscopic image data of the second microscope 40), wherein: during the process of obtaining the first and second cross-section images, switching is performed between the first imaging mode and the second imaging mode (Fig. 18. Paragraph [0186]-SASE discloses the controller 50 causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1. Prior to the imaging, the controller 50 controls the optical system 20 to switch to the objective lens 21a. In paragraph [0188]-SASE discloses while an image of the specimen 9 is captured by the first microscope 30, the second microscope 40 is stopped. In paragraph [0189]-SASE discloses after the termination of imaging by the first microscope 30, the controller 50 causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2. Prior to the above, the controller 50 controls the optical system 20 to switch to the objective lens 21b). Further in paragraph [0089]-SASE discloses an image of the specimen is captured under the first and second observation conditions using the first and second microscopes 30 and 40. Further in paragraph [0150]-SASE discloses under the microscopic observation of the microscope system 100 in the first and second embodiments, an image of the specimen may be captured using a different objective lenses by the first and second microscopes 30 and 40. Additionally, in paragraph [0151]-SASE discloses in the third embodiment, the microscope system 100 according to the first embodiment is used, where a STORM is employed as a first observation condition (first microscopy) for the first microscope 30, and an electron microscopy is employed as a second observation condition (second microscopy) for the second microscope 40 (wherein the first and/or second imaging mode is a second or different microscope, imaging procedure or parameter, observation condition, lens, wavelength, timing, resolution, imaging region). Please also read paragraph [0090-0091]). On page 8, applicant argues “In addition, none of: Harada; Harada and Narayan; Kanarowski; Kanarowski and Phaneuf; Wells; Wells and Kanarowski; or Phaneuf, cure the infirmities of the proposed Carpio/Sase combination.” In response, the Office finds this argument unpersuasive for the reasons stated above and below. On page 8, applicant argues “As a result, in view of at least the foregoing, Applicants request reconsideration and withdrawal of the rejection of independent claim 1, as well as its related claims 2-22.1.” In response, the Office finds this argument unpersuasive for the reasons stated above and below. 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 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 of this title, 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, 4-7, and 19-27 are rejected under 35 U.S.C. 103 as being unpatentable over CARPIO et al. (US 20130094716 A1), hereinafter referenced as CARPIO in view of SASE et al. (US 20200218054 A1), hereinafter referenced as SASE. Regarding claim 1, CARPIO explicitly teaches a method of transferring alignment information in 3D tomography from a first set of images to a second set of images (Fig. 6. Paragraph [0037]-CARPIO discloses the present invention relates to creating a three-dimensional display of the volume of a sample wherein the indicated different image capture modalities comprise a modality for capturing a plurality of surface electron two-dimensional substrate images, and a different modality which can comprise a modality for capturing a plurality of backscatter electron two-dimensional substrate images that are used to correct the surface electron two-dimensional substrate images. Please also see Fig. 1 and read paragraph [0033, 0039, 0049 and 0051-0053]), the method comprising: obtaining a first set of cross-section images in a first imaging mode, the first cross-section images being taken at times Tai (Fig. 6. Paragraph [0051]-CARPIO discloses in step 101, a surface of the sample is scanned, such as with a FIB-SEM. In step 102, dual sets of image data signals of SEM images that are captured by multiple detectors are recorded (e.g., during a scanning of the electron beam of the electron optical column in two directions perpendicular to its optical axis and detecting secondary and backscattered electrons). In a consecutive step 103, this dual set of image data is stored in an image memory. These steps 101 through 104 are repeated for a desired number of times, which is denoted by recursive arrow 104A until a desired plurality of dual sets of image data are stored in the memory. Further in paragraph [0040]-CARPIO discloses the image data generated by the electron beam column within the time in which one slice is removed defines one image data set, and each detector 112 and 114 captures signals for a respective image data set (wherein time Tai is the period of time for generating each image data set, which is also defined by the time in which one slice is removed)); determining alignment information included in the cross-section images of the first set (Fig. 6. Paragraph [0037]-CARPIO discloses a method of the present invention relates to creating a three-dimensional display of the volume of a sample wherein the indicated different image capture modalities comprise a modality for capturing a plurality of surface electron two-dimensional substrate images, and a different modality which can comprise a modality for capturing a plurality of backscatter electron two-dimensional substrate images that are used to correct the surface electron two-dimensional substrate images. After determining an alignment of both sets of the images based on the plurality of backscatter electron substrate images, a three-dimensional substrate volume comprised of corrected images can be generated from the surface electron two-dimensional substrate images including corrections made for misidentified features with reference to the backscatter electron substrate images. The different modality can comprise capturing a plurality of energy dispersive spectrometer (EDS) substrate images. Please also read paragraph [0043-0044 and 0051-0053]); Although CARPIO explicitly teaches using the alignment information in the cross-section images of the first set to transfer the alignment information from the cross-section images of the first set to the cross-section images of the second set (Fig. 6. Paragraph [0043]-CARPIO discloses many images can be sequentially obtained in these methods and then combined by stacking and aligning them in the proper position, to create a preliminary three-dimensional (3D) volume. In paragraph [0044]-CARPIO discloses the two-dimensional substrate image or images obtained based on surface electron detection can be aligned by reference to the two-dimensional substrate image or images obtained with backscatter electron detection. Alignment can rely on processing techniques which identify the correct lateral position of one slice relative to the next in the same stack. Physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2. Further in paragraph [0051]-CARPIO discloses after the desired number of dual sets of image data are recorded in step 103, the dual sets of images are stacks in step 105 and then aligned in step 106), wherein: obtaining the first and second sets of cross-section images comprises subsequently removing a cross-section surface layer of a sample to make a new cross-section accessible for imaging, and imaging the new cross-section of the sample in the first imaging mode or in the second imaging mode (Fig. 6. Paragraph [0042]-CARPIO discloses after dual sets of images are captured for a given slice of the sample, the focused ion beam of the FIB-SEM can be used to remove a thin layer from the surface of the sample and another dual set of image data can be captured on the newly exposed surface. Further in paragraph [0051]-CARPIO discloses in a consecutive step 103, this dual set of image data is stored in an image memory. During the time the image data set is recorded in step 103, a slice can be removed from the sample in step 104, such as by dry etching or sputtering of the sample by the focused ion beam). CARPIO fails to explicitly teach obtaining a second set of cross-section images in the second imaging mode, the second cross-section images being taken at times Tbj which are different from the times Tai; and using time-dependent interpolation of the alignment information in the cross-section images of the first set to transfer the alignment information from the cross-section images of the first set to the cross-section images of the second set, wherein: during the process of obtaining the first and second cross-section images, switching is performed between the first imaging mode and the second imaging mode: and obtaining the first and second sets of cross-section images comprises subsequently removing a cross-section surface layer of a sample to make a new cross-section accessible for imaging, and imaging the new cross-section of the sample in the first imaging mode or in the second imaging mode. However, SASE explicitly teaches obtaining a second set of cross-section images mode (Fig. 18. Paragraph [0185]-SASE discloses in step 420, images of the specimen 9 are alternately captured by the first and second microscopes 30 and 40) in the second imaging mode (Fig. 18. Paragraph [0186]-SASE discloses the controller 50 causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1. Prior to the imaging, the controller 50 controls the optical system 20 to switch to the objective lens 21a. In paragraph [0189]-SASE discloses after the termination of imaging by the first microscope 30, the controller 50 causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2. Prior to the above, the controller 50 controls the optical system 20 to switch to the objective lens 21b (wherein the first and/or second imaging mode is a second or different microscope, imaging procedure or parameter, observation condition, lens, wavelength, timing, resolution, imaging region). Please also read paragraph [0089-0091, 0150-0151 and 0222]), the second cross-section images being taken at times Tbj which are different from the times Tai (Fig. 18. Paragraph [0192]-SASE discloses after the termination of imaging by the second microscope 40, the controller 50 causes the optical system 20 to switch to the objective lens 21a, causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1+ΔT.sub.1, controls the optical system 20 to switch to the objective lens 21b, and causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2+ΔT.sub. The controller 50 causes the first and second microscopes 30 and 40 to repeatedly alternate imaging of the specimen 9. This allows images of the specimen 9 to be successively captured with respect to time. Further in paragraph [0183]-SASE discloses as an example of the imaging conditions of the first observation condition, there are set an imaging interval ΔT.sub.1. As an example of the imaging conditions of the second observation condition, there are set an imaging interval ΔT.sub.2. Moreover, in paragraph [0209]-SASE discloses the imaging intervals for the first and second microscopy are ΔT.sub.1 and ΔT.sub.2 (wherein times Tbj and Tai are the imaging intervals for the first and second microscopy)); using time-dependent interpolation of the alignment information (Fig. 20. Paragraph [0195]-SASE discloses in step 440, the image generator 61 generates, by interpolation, corresponding image data for the target time) in the cross-section images of the first set to transfer the alignment information from the cross-section images of the first set to the cross-section images of the second set (Fig. 20. Paragraph [0196]-SASE discloses FIG. 21 illustrates a principle of generating corresponding image data by time interpolation. Herein, as an example, two images 231 and 232 each captured at mutually different times T.sub.1 (=Ta) and T.sub.1+ΔT.sub.1 (=Tb) are interpolated, to thus generate a corresponding image 235 at the time T.sub.2 (=Tc) between the times Ta and Tb. In paragraph [0201]-SASE discloses as illustrated in the bottom row of FIG. 20, the image generator 61 generates image data of the corresponding images 235 and 236 at each of the times T.sub.2 and T.sub.21 that have been selected in step 430, on the basis of image data of two images 231 and 232 captured at the times T.sub.1 and T.sub.1+ΔT.sub.1 among the plurality of microscopic image data of the first microscope 30. The image generator 61 generates image data of a corresponding image 237 at the time T.sub.1+ΔT.sub.1 that has been selected in step 430, on the basis of image data of two images 233 and 234 captured at the times T.sub.2 and T.sub.2+ΔT.sub.2 among the plurality of microscopic image data of the second microscope 40), wherein: during the process of obtaining the first and second cross-section images, switching is performed between the first imaging mode and the second imaging mode (Fig. 18. Paragraph [0186]-SASE discloses the controller 50 causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1. Prior to the imaging, the controller 50 controls the optical system 20 to switch to the objective lens 21a. In paragraph [0188]-SASE discloses while an image of the specimen 9 is captured by the first microscope 30, the second microscope 40 is stopped. In paragraph [0189]-SASE discloses after the termination of imaging by the first microscope 30, the controller 50 causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2. Prior to the above, the controller 50 controls the optical system 20 to switch to the objective lens 21b). Further in paragraph [0089]-SASE discloses an image of the specimen is captured under the first and second observation conditions using the first and second microscopes 30 and 40. Further in paragraph [0150]-SASE discloses under the microscopic observation of the microscope system 100 in the first and second embodiments, an image of the specimen may be captured using a different objective lenses by the first and second microscopes 30 and 40. Additionally, in paragraph [0151]-SASE discloses in the third embodiment, the microscope system 100 according to the first embodiment is used, where a STORM is employed as a first observation condition (first microscopy) for the first microscope 30, and an electron microscopy is employed as a second observation condition (second microscopy) for the second microscope 40 (wherein the first and/or second imaging mode is a second or different microscope, imaging procedure or parameter, observation condition, lens, wavelength, timing, resolution, imaging region). Please also read paragraph [0090-0091]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of SASE of having switching from the first imaging mode to a second imaging mode; obtaining a second set of cross-section images in the second imaging mode, the second cross-section images being taken at times Tbj which are different from the times Tai; and using time-dependent interpolation of the alignment information in the cross-section images of the first set to transfer the alignment information from the cross-section images of the first set to the cross-section images of the second set, wherein: during the process of obtaining the first and second cross-section images, switching is performed between the first imaging mode and the second imaging mode: Wherein having CARPIO’s method having switching from the first imaging mode to a second imaging mode; obtaining a second set of cross-section images in the second imaging mode, the second cross-section images being taken at times Tbj which are different from the times Tai; and using time-dependent interpolation of the alignment information in the cross-section images of the first set to transfer the alignment information from the cross-section images of the first set to the cross-section images of the second set, wherein: during the process of obtaining the first and second cross-section images, switching is performed between the first imaging mode and the second imaging mode: and obtaining the first and second sets of cross-section images comprises subsequently removing a cross-section surface layer of a sample to make a new cross-section accessible for imaging, and imaging the new cross-section of the sample in the first imaging mode or in the second imaging mode. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and SASE concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while SASE systems and methods provide greater accuracy and speed for the observation of specimens. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and SASE et al. (US 20200218054 A1), Abstract and Paragraph [0045 and 0169]. Regarding claim 4, CARPIO in view of SASE explicitly teach the method of claim 1, CARPIO fails to explicitly teach comprising alternating between the first and second imaging modes after obtaining each cross-section image. However, SASE explicitly teach comprising alternating between the first and second imaging modes after obtaining each cross-section image (Fig. 18. Paragraph [0186]-SASE discloses the controller 50 causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1. In paragraph [0189]-SASE discloses after the termination of imaging by the first microscope 30, the controller 50 causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2. In paragraph [0191]-SASE discloses the first microscope 30 is stopped while the second microscope 40 performs imaging of the specimen 9). Regarding claim 5, CARPIO in view of SASE explicitly teach the method of claim 1, CARPIO further teaches wherein determining the alignment information comprises determining positions of fiducials (Fig. 1. Paragraph [0044]-CARPIO discloses physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2). Regarding claim 6, CARPIO in view of SASE explicitly teach the method of claim 5, CARPIO further teaches wherein obtaining the first and second sets of cross-section images is performed in a continuous milling mode (Fig. 6. Paragraph [0014]-CAPRIO discloses simultaneously, image data are generated by using the scanned electron beam and detecting secondary and backscattered electrons with the detectors 112 and 114, respectively. The image data generated by the electron beam column within the time in which one slice is removed defines one image data set, and each detector 112 and 114 captures signals for a respective image data set. By repeatedly removing one slice after the other and continuously generating image data a plurality of dual sets of image data are recorded and stored in the memory 2). Regarding claim 7, CARPIO in view of SASE explicitly teach the method of claim 6, although CARPIO explicitly teaches wherein transferring the alignment information comprises fiducials (Fig. 1. Paragraph [0044]-CARPIO discloses physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2). CARPIO fails to explicitly teach wherein transferring the alignment information comprises a time-dependent interpolation of positions of the fiducials for the points of time Tbj when the cross-section images of the second set are obtained based on the points of time Tai when the cross-section images of the first set are obtained. However, SASE explicitly teaches wherein transferring the alignment information comprises a time-dependent interpolation (Fig. 21. Paragraph [0196]-SASE discloses FIG. 21 illustrates a principle of generating corresponding image data by time interpolation. Herein, as an example, two images 231 and 232 each captured at mutually different times T.sub.1 (=Ta) and T.sub.1+ΔT.sub.1 (=Tb) are interpolated, to thus generate a corresponding image 235 at the time T.sub.2 (=Tc) between the times Ta and Tb. The image generator 61 applies image recognition to each of the two images 231 and 232 to extract targets 231a and 232a from the inside of each of the images, and calculates positions ra and rb within the images of the targets 231a and 232a and luminance values Ia and Ib of the targets 231a and 232a. As the image recognition, for example, template matching (autocorrelation method), optical flow method, segmentation method, and the like, can be employed. Please also read paragraph [0072]) of positions of the points of time Tbj (Fig. 23. Paragraph [0183]-SASE discloses as an example of the imaging conditions of the first observation condition, there are set an imaging interval ΔT.sub.1. As an example of the imaging conditions of the second observation condition, there are set an imaging interval ΔT.sub.2. [0210]-SASE discloses because of the conditions for time-lapse imaging to be performed in parallel, when imaging of a specimen at different imaging intervals ΔT.sub.1 and ΔT.sub.2 by the first and second microscopes 30 and 40, an image of the specimen may not be captured by one microscope at the time when the image of the specimen is captured by the other microscope) when the cross-section images of the second set (Fig. 18. Paragraph [0185]-SASE discloses in step 420, images of the specimen 9 are alternately captured by the first and second microscopes 30 and 40. In paragraph [0189]-SASE discloses after the termination of imaging by the first microscope 30, the controller 50 causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2) are obtained based on the points of time Tai when the cross-section images of the first set (Fig. 18. Paragraph [0186]-SASE discloses the controller 50 causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1. In paragraph [0192]-SASE discloses after the termination of imaging by the second microscope 40, the controller 50 causes the optical system 20 to switch to the objective lens 21a, causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1+ΔT.sub.1, controls the optical system 20 to switch to the objective lens 21b, and causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2+ΔT.sub.2.) are obtained (Fig. 23. Paragraph [0194]-SASE discloses in step 430, the user selects a target time to generate corresponding image data by interpolation (wherein the target time may also be selected automatically). In paragraph [0195]-SASE discloses in step 440, the image generator 61 generates, by interpolation, corresponding image data for the target time. In paragraph [0211]-SASE discloses corresponding image data may be generated at the same time as the time of capturing of the first microscopic image data specified in the above step 430. In paragraph [0215]-SASE discloses in the target time can be selected from the imaging conditions included in the first and second observation conditions, the imaging start time, or the imaging interval. Further in paragraph [0217]-SASE discloses under the microscopic observation of the microscope system 100 according to the first to fourth embodiments, the image output unit 62 integrates the corresponding image data generated by interpolation by the image generator 61 into the microscopic image data obtained by the imaging by the second microscope 40 (or the first microscope 30), to thus compile the integrated data into a series of image data such as a Z stack image, a time series image, or the like in steps 170, 270, 380, and 450). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of SASE of having wherein transferring the alignment information comprises a time-dependent interpolation of positions of the points of time Tbj when the cross-section images of the second set are obtained based on the points of time Tai when the cross-section images of the first set are obtained. Wherein having CARPIO’s method having wherein transferring the alignment information comprises a time-dependent interpolation of positions of the fiducials for the points of time Tbj when the cross-section images of the second set are obtained based on the points of time Tai when the cross-section images of the first set are obtained. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and SASE concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while SASE systems and methods provide greater accuracy and speed for the observation of specimens. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and SASE et al. (US 20200218054 A1), Abstract and Paragraph [0045 and 0169]. Regarding claim 19, CARPIO in view of SASE explicitly teach the method of claim 1, CARPIO further teaches further comprising: image registering obtained cross-section images (Fig. 1. Paragraph [0038]-CARPIO discloses the dual sets of data can be aligned, analyzed, and merged or integrated for the sample. In paragraph [0043]-CARPIO discloses images can be sequentially obtained in these methods and then combined by stacking and aligning them in the proper position, to create a preliminary three-dimensional (3D) volume. In paragraph [0044]-CARPIO discloses the gray scale images can be stacked and aligned. Alignment can rely on processing techniques which identify the correct lateral position of one slice relative to the next in the same stack. Physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2. Further in paragraph [0051]-CARPIO discloses after the desired number of dual sets of image data are recorded in step 103, the dual sets of images are stacks in step 105 and then aligned in step 106. Please also read paragraph [0052-0053]); and obtaining a 3D data set (Fig. 1. Paragraph [0051]-CARPIO discloses after the above steps have been performed, sufficient information to generate high resolution 3D image displays according to usual and known display methods are available. Please also read paragraph [0037, 0043, 0061, 0092 and 0108]). Regarding claim 20, CARPIO explicitly teaches one or more machine-readable hardware storage devices (Fig. 1. Paragraph [0062]-CARPIO discloses the computer-readable medium can comprise program code embodied on one or more portable storage articles of manufacture (e.g., memory stick, flash memory, DVD, compact disc, magnetic disk, a tape, etc.), on one or more data storage portions of a computing device, such as memory and/or other storage system) comprising instructions that are executable by one or more processing devices to perform operations (Fig. 1. Paragraph [0062]-CARPIO discloses a program module or modules can be programmed into data visualization and analysis software for executing this operation. A program product can be stored on a non-transitory computer-readable medium, which when executed, enables a computer infrastructure to perform at least the indicated stacking, alignment, analysis, and image correction steps). CARPIO fails to explicitly teach one or more machine-readable hardware storage devices comprising instructions that are executable by one or more processing devices to perform operations comprising the method of claim 1. However, CARPIO in view of SASE explicitly teach the method of claim 1 (Please see the 103 rejection for claim 1 further above). Regarding claim 21, although CARPIO explicitly teach a system (Fig. 1, #100 called a system. Paragraph [0039]. Further in paragraph [0016]-CARPIO discloses the present invention further relates in part to a system for generating a three-dimensional digital image of a sample including a charged particle microscope, first and second signal processing systems, and a computer) comprising: one or more processing devices (Fig. 1. Paragraph [0016]-CARPIO discloses the computer has at least one processor operable for executing a computer program capable of performing computations for creating a three dimensional digital representation of the sample); and one or more machine-readable hardware storage devices (Fig. 1. Paragraph [0062]-CARPIO discloses the computer-readable medium can comprise program code embodied on one or more portable storage articles of manufacture (e.g., memory stick, flash memory, DVD, compact disc, magnetic disk, a tape, etc.), on one or more data storage portions of a computing device, such as memory and/or other storage system) comprising instructions that are executable by the one or more processing devices to perform operations (Fig. 1. Paragraph [0062]-CARPIO discloses a program module or modules can be programmed into data visualization and analysis software for executing this operation. A program product can be stored on a non-transitory computer-readable medium, which when executed, enables a computer infrastructure to perform at least the indicated stacking, alignment, analysis, and image correction steps). CARPIO fails to explicitly teach one or more processing devices; and one or more machine-readable hardware storage devices comprising instructions that are executable by the one or more processing devices to perform operations comprising the method of claim 1. However, CARPIO in view of SASE explicitly teach the method of claim 1 (Please see the 103 rejection for claim 1 further above). Regarding claim 22, CARPIO in view of SASE explicitly teach the system of claim 21, CARPIO further teaches further comprising: a focused ion beam device (Fig. 1. Paragraph [0039]-CARPIO discloses a focused ion beam-scanning electron microscope (FIB-SEM) equipped for multiple detection modalities can be used to produce two-dimensional (2D) images at different slices of the sample at very high resolution); and a charged particle device (Fig. 1. Paragraph [0039]-CARPIO discloses a charged particle beam system 100 is shown in FIG. 1 to illustrate a FIB-SEM system that can be used. The charged particle beam system 100 comprises a scanning electron beam column 101 and a focused ion beam column 201 (wherein FIB-SEM is a charged particle device)) configured to provide charged particles to image the new cross-section of the sample (Fig. 1. Paragraph [0040]-CARPIO discloses simultaneously, image data are generated by using the scanned electron beam and detecting secondary and backscattered electrons with the detectors 112 and 114, respectively. The image data generated by the electron beam column within the time in which one slice is removed defines one image data set, and each detector 112 and 114 captures signals for a respective image data set. By repeatedly removing one slice after the other and continuously generating image data a plurality of dual sets of image data are recorded and stored in the memory 2. The plurality of sets of image data stored in memory 2 are evaluated in a data analysis and image adjustment unit 4. In paragraph [0042]-CARPIO discloses after dual sets of images are captured for a given slice of the sample, the focused ion beam of the FIB-SEM can be used to remove a thin layer from the surface of the sample and another dual set of image data can be captured on the newly exposed surface. Please also read paragraph [0041]). Regarding claim 23, CARPIO in view of SASE explicitly teach the method of claim 1, CARPIO further teaches wherein the first set of images is obtained using a charged particle microscope (Fig. 1. Paragraph [0039]-CARPIO discloses to determine the locations and fractions of different phases in a sample, such as a rock sample, a focused ion beam-scanning electron microscope (FIB-SEM) equipped for multiple detection modalities can be used to produce two-dimensional (2D) images at different slices of the sample at very high resolution. A charged particle beam system 100 is shown in FIG. 1 to illustrate a FIB-SEM system that can be used for this option. The charged particle beam system 100 comprises a scanning electron beam column 101 and a focused ion beam column 201), and the second set of images is obtained using the charged particle microscope (Fig. 1. Paragraph [0043]-CARPIO discloses many images can be sequentially obtained in these methods and then combined by stacking and aligning them in the proper position, to create a preliminary three-dimensional (3D) volume. In paragraph [0044]-CARPIO discloses the two-dimensional substrate image or images obtained based on surface electron detection can be aligned by reference to the two-dimensional substrate image or images obtained with backscatter electron detection. Alignment can rely on processing techniques which identify the correct lateral position of one slice relative to the next in the same stack. Physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2. Further in paragraph [0051]-CARPIO discloses after the desired number of dual sets of image data are recorded in step 103, the dual sets of images are stacks in step 105 and then aligned in step 106). Regarding claim 24, CARPIO in view of SASE explicitly teach the method of claim 1, CARPIO further teaches wherein: the cross-section images of the first set of images comprise fiducials (Fig. 1. Paragraph [0039]-CARPIO discloses to determine the locations and fractions of different phases in a sample, such as a rock sample, a focused ion beam-scanning electron microscope (FIB-SEM) equipped for multiple detection modalities can be used to produce two-dimensional (2D) images at different slices of the sample at very high resolution. A charged particle beam system 100 is shown in FIG. 1 to illustrate a FIB-SEM system that can be used for this option. The charged particle beam system 100 comprises a scanning electron beam column 101 and a focused ion beam column 201. In paragraph [0044]-CARPIO discloses the two-dimensional substrate image or images obtained based on surface electron detection can be aligned by reference to the two-dimensional substrate image or images obtained with backscatter electron detection. Alignment can rely on processing techniques which identify the correct lateral position of one slice relative to the next in the same stack. Physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2.); the alignment information included in the cross-section images of the first set of images is determined by measuring the fiducials (Fig. 1. Paragraph [0043]-CARPIO discloses many images can be sequentially obtained in these methods and then combined by stacking and aligning them in the proper position, to create a preliminary three-dimensional (3D) volume. In paragraph [0044]-CARPIO discloses the two-dimensional substrate image or images obtained based on surface electron detection can be aligned by reference to the two-dimensional substrate image or images obtained with backscatter electron detection. Alignment can rely on processing techniques which identify the correct lateral position of one slice relative to the next in the same stack. Physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2. Further in paragraph [0051]-CARPIO discloses after the desired number of dual sets of image data are recorded in step 103, the dual sets of images are stacks in step 105 and then aligned in step 106); and CARPIO fails to explicitly teach the alignment information of the second cross-section images being taken at times Tbj is calculated based on a time-dependent interpolation of the measured alignment information of the first cross-section images being taken at time Tai. However, SASE explicitly teaches the alignment information of the second cross-section images being taken at times Tbj (Fig. 18. Paragraph [0192]-SASE discloses after the termination of imaging by the second microscope 40, the controller 50 causes the optical system 20 to switch to the objective lens 21a, causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1+ΔT.sub.1, controls the optical system 20 to switch to the objective lens 21b, and causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2+ΔT.sub. The controller 50 causes the first and second microscopes 30 and 40 to repeatedly alternate imaging of the specimen 9. This allows images of the specimen 9 to be successively captured with respect to time. Further in paragraph [0183]-SASE discloses as an example of the imaging conditions of the first observation condition, there are set an imaging interval ΔT.sub.1. As an example of the imaging conditions of the second observation condition, there are set an imaging interval ΔT.sub.2. Moreover, in paragraph [0209]-SASE discloses the imaging intervals for the first and second microscopy are ΔT.sub.1 and ΔT.sub.2 (wherein times Tbj and Tai are the imaging intervals for the first and second microscopy)) is calculated based on a time-dependent interpolation of the measured alignment information of the first cross-section images being taken at time Tai (Fig. 20. Paragraph [0196]-SASE discloses FIG. 21 illustrates a principle of generating corresponding image data by time interpolation. Herein, as an example, two images 231 and 232 each captured at mutually different times T.sub.1 (=Ta) and T.sub.1+ΔT.sub.1 (=Tb) are interpolated, to thus generate a corresponding image 235 at the time T.sub.2 (=Tc) between the times Ta and Tb. In paragraph [0201]-SASE discloses as illustrated in the bottom row of FIG. 20, the image generator 61 generates image data of the corresponding images 235 and 236 at each of the times T.sub.2 and T.sub.21 that have been selected in step 430, on the basis of image data of two images 231 and 232 captured at the times T.sub.1 and T.sub.1+ΔT.sub.1 among the plurality of microscopic image data of the first microscope 30. The image generator 61 generates image data of a corresponding image 237 at the time T.sub.1+ΔT.sub.1 that has been selected in step 430, on the basis of image data of two images 233 and 234 captured at the times T.sub.2 and T.sub.2+ΔT.sub.2 among the plurality of microscopic image data of the second microscope 40). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of SASE of having switching from the first imaging mode to a second imaging mode; obtaining a second set of cross-section images in the second imaging mode, the second cross-section images being taken at times Tbj which are different from the times Tai; and using time-dependent interpolation of the alignment information in the cross-section image of the first set to transfer the alignment information from the cross-section images of the first set to the cross-section images of the second set. Wherein having CARPIO’s method having switching from the first imaging mode to a second imaging mode; obtaining a second set of cross-section images in the second imaging mode, the second cross-section images being taken at times Tbj which are different from the times Tai; and using time-dependent interpolation of the alignment information in the cross-section image of the first set to transfer the alignment information from the cross-section images of the first set to the cross-section images of the second set. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and SASE concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while SASE systems and methods provide greater accuracy and speed for the observation of specimens. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and SASE et al. (US 20200218054 A1), Abstract and Paragraph [0045 and 0169]. Regarding claim 25, CARPIO in view of SASE explicitly teach the method of claim 24, CARPIO further teaches wherein the cross-section images of the second set of images do not comprise fiducials (Fig. 1. Paragraph [0042]-CARPIO discloses after dual sets of images are captured for a given slice of the sample, the focused ion beam of the FIB-SEM can be used to remove a thin layer from the surface of the sample and another dual set of image data can be captured on the newly exposed surface. Further in paragraph [0044]-CARPIO discloses the alignment process can be performed slice-by-slice for a stack of successively acquired dual sets of images for the sample. Using the present alignment method, the surface electron images can be aligned without the extra processing that would have otherwise been required. As another option, physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2.). Regarding claim 26, CARPIO in view of SASE explicitly teach the method of claim 1, CARPIO further teaches wherein: the cross-section images of the first set of images are taken at different depths of the sample (Fig. 1. Paragraph [0042]-CARPIO discloses after dual sets of images are captured for a given slice of the sample, the focused ion beam of the FIB-SEM can be used to remove a thin layer from the surface of the sample and another dual set of image data can be captured on the newly exposed surface); and the cross-section images of the second set of images are taken at different depths of the sample (Fig. 1. Paragraph [0042]-CARPIO discloses after dual sets of images are captured for a given slice of the sample, the focused ion beam of the FIB-SEM can be used to remove a thin layer from the surface of the sample and another dual set of image data can be captured on the newly exposed surface). Regarding claim 27, CARPIO in view of SASE explicitly teach the method of claim 1, CARPIO further teaches wherein: the cross-section images of the second set of images are obtained from different cross- section surfaces (Fig. 1. Paragraph [0042]-CARPIO discloses after dual sets of images are captured for a given slice of the sample, the focused ion beam of the FIB-SEM can be used to remove a thin layer from the surface of the sample and another dual set of image data can be captured on the newly exposed surface); and for each of the different cross-section surfaces of the second set of images, the cross- section surface is obtained by removing a cross-section surface layer by milling with a focused ion beam (Fig. 1. Paragraph [0042]-CARPIO discloses after dual sets of images are captured for a given slice of the sample, the focused ion beam of the FIB-SEM can be used to remove a thin layer from the surface of the sample and another dual set of image data can be captured on the newly exposed surface). Claims 2 are rejected under 35 U.S.C. 103 as being unpatentable over CARPIO et al. (US 20130094716 A1), hereinafter referenced as CARPIO in view of SASE et al. (US 20200218054 A1), hereinafter referenced as SASE and in further view of HARADA et al. (US 20140375793 A1), hereinafter referenced as HARADA. Regarding claim 2, CARPIO in view of SASE explicitly teaches the method of claim 1, CARPIO in view of SASE fail to explicitly teach wherein the cross-section images of the first set have a first imaging pixel size, and the cross-section images of the second set have a second imaging pixel size different from the first imaging pixel size. However, HARADA explicitly teaches wherein the cross-section images (Fig. 1. Paragraph [0061]-HARADA discloses an SEM image 401 is a schematic diagram of an SEM image captured by imaging a circuit pattern having a cross-sectional shape illustrated in 402) of the first set have a first imaging pixel size, and the cross-section images of the second set have a second imaging pixel size different from the first imaging pixel size (Fig. 27. Paragraph [0120]-HARADA discloses SEM 101 is controlled to capture the image of a designated coordinate in the first pixel size (S2705). Next, the image of the same coordinate is captured in the second pixel size (S2706). Assume that the first pixel size is larger than the second pixel size). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of HARADA of having wherein the cross-section images of the first set have a first imaging pixel size, and the cross-section images of the second set have a second imaging pixel size different from the first imaging pixel size. Wherein having CARPIO’s method having wherein the cross-section images of the first set have a first imaging pixel size, and the cross-section images of the second set have a second imaging pixel size different from the first imaging pixel size. The motivation behind the modification would have been to obtain a method that improves the accuracy for examining specimens, since both CARPIO and HARADA concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while HARADA systems and methods provide the ability to measure the overlay with high accuracy and even in the case where a pixel size is so large that the circuit pattern area can be hardly recognized robustly with high accuracy. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and HARADA et al. (US 20140375793 A1), Abstract and Paragraph [0127-0128]. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over CARPIO et al. (US 20130094716 A1), hereinafter referenced as CARPIO in view of SASE et al. (US 20200218054 A1), hereinafter referenced as SASE and in further view of HARADA et al. (US 20140375793 A1), hereinafter referenced as HARADA and in further view of NARAYAN et al. (NARAYAN et al., “Multi-resolution Correlative Focused Ion Beam Scanning Electron Microscopy: Applications to Cell Biology”, J Struct Biol. 2014 March; 185(3): 278–284. doi:10.1016/j.jsb.2013.11.008), hereinafter referenced as NARAYAN. Regarding claim 3, CARPIO in view of SASE and in further view of HARADA explicitly teach the method of claim 2, CARPIO in view of SASE fail to explicitly teach wherein the first imaging pixel size is at least twice the second imaging pixel size. However, NARAYAN explicitly teaches wherein the first imaging pixel size is at least twice the second imaging pixel size (Fig. 3. Page 5, 4th paragraph-NARAYAN discloses FIB-SEM imaging was performed using a Zeiss NVision 40 microscope, with the SEM operated at 1.5keV landing energy, and backscattered electrons were recorded at an energy-selective back-scattered electron (EsB) detector with a grid voltage of 1200V. Higher resolution ROI images were collected at 1 μs dwell time, line average 4, and pixel sampling 3 to 6 nm. The keyframes were collected at lower pixel sampling (usually 12 nm) and at larger intervals (120 nm). Further at page 4, 1st paragraph-NARAYAN discloses we carried out 3D imaging of the entire cell, collecting keyframe images at lower resolution (xyz pixels of 12, 12 and 120 nm respectively), combined with targeted imaging of the regions surrounding each of the TRIM bodies at higher resolution (xyz pixels of 4, 4 and 12 nm respectively)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE and in further view of HARADA of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of NARAYAN of having wherein the first imaging pixel size is at least twice the second imaging pixel size. Wherein having CARPIO’s method having wherein the first imaging pixel size is at least twice the second imaging pixel size. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and NARAYAN concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while NARAYAN’s systems and methods provide a series of technical advances in focused ion beam scanning electron microscopy (FIB-SEM) that increase the speed, robustness and automation of the process, and achieve consistent z slice thickness. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and NARAYAN et al. (NARAYAN et al., “Multi-resolution Correlative Focused Ion Beam Scanning Electron Microscopy: Applications to Cell Biology”, J Struct Biol. 2014 March; 185(3): 278–284. doi:10.1016/j.jsb.2013.11.008), Abstract and Page 5, 5th Paragraph. Claim 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over CARPIO et al. (US 20130094716 A1), hereinafter referenced as CARPIO in view of SASE et al. (US 20200218054 A1), hereinafter referenced as SASE and in further view of KANAROWSKI et al. (US 20140022373 A1), hereinafter referenced as KANAROWSKI. Regarding claim 8, CARPIO in view of SASE and in further view of PHANEUF explicitly teach the method of claim 7, CARPIO in view of SASE explicitly teach wherein the time-dependent interpolation is a linear interpolation. However, KANAROWSKI explicitly teaches wherein the time-dependent interpolation is a linear interpolation (Fig. 1. Paragraph [0038]-KANAROWSKI the CCD camera 125 can be used to provide different imaging modes such as larger field of view, a faster frame rate, higher sensitivity, and so forth. In paragraph [0044]-KANAROWSKI discloses the method can include sorting the imaged particles into T time intervals of equal length. Drift within each time interval is determined by linear interpolation between the drift coordinates obtained for the neighboring time intervals (t-1 and t for particles in the first half of the interval, and t and t+1, for particles in the second half). These drift values are subtracted from the particle coordinates which are then stored as output. Further in paragraph [0061]-KANAROWSKI discloses the system can include an electron microscope configured to acquire electron microscope images of the sample simultaneously or sequentially with the camera. Some examples of contemplated electron microscopes include a scanning electron microscope (SEM) and a transmission electron microscope (TEM)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of KANAROWSKI of having wherein the time-dependent interpolation is a linear interpolation. Wherein having CARPIO’s method having wherein the time-dependent interpolation is a linear interpolation. The motivation behind the modification would have been to obtain a method that provides correlative drift correction and improves the accuracy of examining specimens, since both CARPIO and KANAROWSKI concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while KANAROWSKI’s systems and methods provide correlative drift correction that more accurately localizes images. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and KANAROWSKI et al. (US 20140022373 A1), Abstract and Paragraph [0031 and 0053]. Regarding claim 9, CARPIO in view of SASE and in further view of PHANEUF and in further view of KANAROWSKI explicitly teach the method of claim 8, CARPIO fails to explicitly teach wherein time intervals between taking two cross-section images are constant. However, SASE explicitly teaches wherein time intervals between taking two cross-section images are constant (Fig. 23. Paragraph [0209]-SASE discloses as conditions for time-lapse imaging to be performed in parallel, there are given an imaging start time T.sub.1=T.sub.2, an imaging interval ΔT.sub.1<ΔT.sub.2, the number N.sub.1>N.sub.2 of the images to be captured, and the like. The imaging intervals ΔT.sub.1 and ΔT.sub.2 of the first and second microscopes 30 and 40 are determined in accordance with, for example, the time required for imaging in the respective microscopies, and the processing rate, by the image processor 60, of processing the imaging results obtained by the first and second illumination/imaging units 31 and 41, and the like. Please also read paragraph [0088, 0095-0096, 0183 and 0215]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE and in further view of KANAROWSKI of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of SASE of having wherein the time intervals between taking two cross-section images are constant. Wherein having CARPIO’s method having wherein the time intervals between taking two cross-section images are constant. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and SASE concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while SASE systems and methods provide greater accuracy and speed for the observation of specimens. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and SASE et al. (US 20200218054 A1), Abstract and Paragraph [0045 and 0169]. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over CARPIO et al. (US 20130094716 A1), hereinafter referenced as CARPIO in view of SASE et al. (US 20200218054 A1), hereinafter referenced as SASE and in further view of KANAROWSKI et al. (US 20140022373 A1), hereinafter referenced as KANAROWSKI and in further view of PHANEUF (US 20170140897 A1), hereinafter referenced as PHANEUF. Regarding claim 10, CARPIO in view of SASE and in further view of KANAROWSKI explicitly teach the method of claim 8, although CARPIO explicitly teaches wherein the alignment information comprises a member selected from the group consisting of lateral alignment information (Fig. 1. Paragraph [0043]-CARPIO discloses many images can be sequentially obtained in these methods and then combined by stacking and aligning them in the proper position, to create a preliminary three-dimensional (3D) volume. The identified locations of kerogen can be used to laterally (X-Y directions) align a two-dimensional substrate image of the sample which has been simultaneously acquired by surface electron detection). CARPIO in view of SASE fails to explicitly teaches wherein the alignment information comprises a member selected from the group consisting of lateral alignment information and depth alignment information. However, PHANEUF explicitly teaches wherein the alignment information comprises a member selected from the group consisting of depth alignment information (Fig. 21. Paragraph [0140]-PHANEUF discloses the notches are used as alignment marks, ie. patterns in the sample that are such that when imaging the cross-section face, the distance between the marks allow unique identification of the position of the cross-section plane along the Z axis. In paragraph [0148]-PHANEUF discloses in other application of the notches, the position of the sample surface in the X and Y plane (cross-section imaging position) can be determined. By calculating shifts in the image based on the notches, it is possible to determine the amount of drift of the sample relative to the imaging beam. Further in paragraph [0157]-PHANEUF discloses after time Δt, a slice of nominal thickness Δl.sub.n=v.sub.nΔt will have been removed. By imaging the fiducial notches at times t.sub.0 and t.sub.0+Δt, it is possible to determine the actual thickness of the slice Δl or equivalently the actual average progression rate of the beam and therefore infer the amount of drift of the entire system in the direction of the slice thickness. Please also see Fig. 22). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE and in further view of KANAROWSKI of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of PHANEUF of having wherein the alignment information comprises a member selected from the group consisting of depth alignment information. Wherein having CARPIO’s method having wherein the alignment information comprises a member selected from the group consisting of lateral alignment information and depth alignment information. The motivation behind the modification would have been to obtain a method that improves the efficiency and accuracy for examining specimens, since both CARPIO and PHANEUF concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while PHANEUF systems and methods that improve imaging efficiency for CPB systems while maintaining or improving imaging accuracy over prior CPB system. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and PHANEUF et al. (US 20170140897 A1), Abstract and Paragraph [0063, 0066-0067 and 0070-0071]. Claim 11-12 is rejected under 35 U.S.C. 103 as being unpatentable over CARPIO et al. (US 20130094716 A1), hereinafter referenced as CARPIO in view of SASE et al. (US 20200218054 A1), hereinafter referenced as SASE and in further view of WELLS (US 20130328246 A1), hereinafter referenced as WELLS. Regarding claim 11, CARPIO in view of SASE explicitly teach the method of claim 5, CARPIO in view of SASE fail to explicitly teach wherein obtaining the first and second sets of cross-section images is performed in a mill-stop-image mode. However, WELLS explicitly teach wherein obtaining the first and second sets of cross-section images is performed in a mill-stop-image mode (Fig. 3. Paragraph [0046]-WELLS discloses a scanning electron microscope 41 (SEM), along with its power supply and controls 45, are preferably provided with the FIB system 8. SEM 41 can be used to image the substrate with electron beam 48 after milling with the FIB 18 or concurrently with FIB milling to monitor the progress of the milling process). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of WELLS of having wherein transferring the alignment information comprises a time-dependent interpolation of positions of the points of time Tbj when the cross-section images of the second set are obtained based on the points of time Tai when the cross-section images of the first set are obtained. Wherein having CARPIO’s method having wherein transferring the alignment information comprises a time-dependent interpolation of positions of the fiducials for the points of time Tbj when the cross-section images of the second set are obtained based on the points of time Tai when the cross-section images of the first set are obtained. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and WELLS concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while WELLS systems and methods improves throughput and reduces both the processing time and the time required to prepare samples for analysis. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and WELLS (US 20130328246 A1), Abstract and Paragraph [0010 and 0068]. Regarding claim 12, CARPIO in view of SASE and in further view of WELLS explicitly teach the method of claim 11, although CARPIO explicitly teaches wherein transferring the alignment information comprises fiducials (Fig. 1. Paragraph [0044]-CARPIO discloses physical registration or fiduciary marks can be created on the surface of the sample being imaged for alignment purposes, such as described, for example, in U.S. Pat. No. 7,750,293 B2). CARPIO fails to explicitly teach wherein transferring the alignment information comprises a time-dependent interpolation of positions of the fiducials for the points of time Tbj when the cross-section images of the second set are obtained based on the points of time Tai when the cross-section images of the first set are obtained. However, SASE explicitly teaches wherein transferring the alignment information comprises a time-dependent interpolation (Fig. 21. Paragraph [0196]-SASE discloses FIG. 21 illustrates a principle of generating corresponding image data by time interpolation. Herein, as an example, two images 231 and 232 each captured at mutually different times T.sub.1 (=Ta) and T.sub.1+ΔT.sub.1 (=Tb) are interpolated, to thus generate a corresponding image 235 at the time T.sub.2 (=Tc) between the times Ta and Tb. The image generator 61 applies image recognition to each of the two images 231 and 232 to extract targets 231a and 232a from the inside of each of the images, and calculates positions ra and rb within the images of the targets 231a and 232a and luminance values Ia and Ib of the targets 231a and 232a. As the image recognition, for example, template matching (autocorrelation method), optical flow method, segmentation method, and the like, can be employed. Please also read paragraph [0072]) of positions of the points of time Tbj (Fig. 23. Paragraph [0183]-SASE discloses as an example of the imaging conditions of the first observation condition, there are set an imaging interval ΔT.sub.1. As an example of the imaging conditions of the second observation condition, there are set an imaging interval ΔT.sub.2. [0210]-SASE discloses because of the conditions for time-lapse imaging to be performed in parallel, when imaging of a specimen at different imaging intervals ΔT.sub.1 and ΔT.sub.2 by the first and second microscopes 30 and 40, an image of the specimen may not be captured by one microscope at the time when the image of the specimen is captured by the other microscope) when the cross-section images of the second set (Fig. 18. Paragraph [0185]-SASE discloses in step 420, images of the specimen 9 are alternately captured by the first and second microscopes 30 and 40. In paragraph [0189]-SASE discloses after the termination of imaging by the first microscope 30, the controller 50 causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2) are obtained based on the points of time Tai when the cross-section images of the first set (Fig. 18. Paragraph [0186]-SASE discloses the controller 50 causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1. In paragraph [0192]-SASE discloses after the termination of imaging by the second microscope 40, the controller 50 causes the optical system 20 to switch to the objective lens 21a, causes the first microscope 30 to capture an image of the specimen 9 at the time T.sub.1+ΔT.sub.1, controls the optical system 20 to switch to the objective lens 21b, and causes the second microscope 40 to capture an image of the specimen 9 at the time T.sub.2+ΔT.sub.2.) are obtained (Fig. 23. Paragraph [0194]-SASE discloses in step 430, the user selects a target time to generate corresponding image data by interpolation (wherein the target time may also be selected automatically). In paragraph [0195]-SASE discloses in step 440, the image generator 61 generates, by interpolation, corresponding image data for the target time. In paragraph [0211]-SASE discloses corresponding image data may be generated at the same time as the time of capturing of the first microscopic image data specified in the above step 430. In paragraph [0215]-SASE discloses in the target time can be selected from the imaging conditions included in the first and second observation conditions, the imaging start time, or the imaging interval. Further in paragraph [0217]-SASE discloses under the microscopic observation of the microscope system 100 according to the first to fourth embodiments, the image output unit 62 integrates the corresponding image data generated by interpolation by the image generator 61 into the microscopic image data obtained by the imaging by the second microscope 40 (or the first microscope 30), to thus compile the integrated data into a series of image data such as a Z stack image, a time series image, or the like in steps 170, 270, 380, and 450). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of SASE of having wherein transferring the alignment information comprises a time-dependent interpolation of positions of the points of time Tbj when the cross-section images of the second set are obtained based on the points of time Tai when the cross-section images of the first set are obtained. Wherein having CARPIO’s method having wherein transferring the alignment information comprises a time-dependent interpolation of positions of the fiducials for the points of time Tbj when the cross-section images of the second set are obtained based on the points of time Tai when the cross-section images of the first set are obtained. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and SASE concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while SASE systems and methods provide greater accuracy and speed for the observation of specimens. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and SASE et al. (US 20200218054 A1), Abstract and Paragraph [0045 and 0169]. Claim 13-14 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over CARPIO et al. (US 20130094716 A1), hereinafter referenced as CARPIO in view of SASE et al. (US 20200218054 A1), hereinafter referenced as SASE and in further view of WELLS (US 20130328246 A1), hereinafter referenced as WELLS and in further view of KANAROWSKI et al. (US 20140022373 A1), hereinafter referenced as KANAROWSKI. Regarding claim 13, CARPIO in view of SASE in view of WELLS explicitly teach the method of claim 12, CARPIO in view of SASE fail to explicitly teach wherein the time-dependent interpolation comprises a linear interpolation. However, KANAROWSKI explicitly teaches wherein the time-dependent interpolation comprises a linear interpolation (Fig. 1. Paragraph [0038]-KANAROWSKI the CCD camera 125 can be used to provide different imaging modes such as larger field of view, a faster frame rate, higher sensitivity, and so forth. In paragraph [0044]-KANAROWSKI discloses the method can include sorting the imaged particles into T time intervals of equal length. Drift within each time interval is determined by linear interpolation between the drift coordinates obtained for the neighboring time intervals (t-1 and t for particles in the first half of the interval, and t and t+1, for particles in the second half). These drift values are subtracted from the particle coordinates which are then stored as output. Further in paragraph [0061]-KANAROWSKI discloses the system can include an electron microscope configured to acquire electron microscope images of the sample simultaneously or sequentially with the camera. Some examples of contemplated electron microscopes include a scanning electron microscope (SEM) and a transmission electron microscope (TEM)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE and in further view of WELLS of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of KANAROWSKI of having wherein the time-dependent interpolation comprises a linear interpolation. Wherein having CARPIO’s method having wherein the time-dependent interpolation comprises a linear interpolation. The motivation behind the modification would have been to obtain a method that provides correlative drift correction and improves the accuracy of examining specimens, since both CARPIO and KANAROWSKI concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while KANAROWSKI’s systems and methods provide correlative drift correction that more accurately localizes imaged. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and KANAROWSKI et al. (US 20140022373 A1), Abstract and Paragraph [0031 and 0053]. Regarding claim 14, CARPIO in view of SASE in view of WELLS and in further view of KANAROWSKI explicitly teach the method of claim 13, CARPIO fails to explicitly teach wherein the time intervals between taking two cross-section images are constant. However, SASE explicitly teaches wherein the time intervals between taking two cross-section images are constant (Fig. 23. Paragraph [0209]-SASE discloses as conditions for time-lapse imaging to be performed in parallel, there are given an imaging start time T.sub.1=T.sub.2, an imaging interval ΔT.sub.1<ΔT.sub.2, the number N.sub.1>N.sub.2 of the images to be captured, and the like. The imaging intervals ΔT.sub.1 and ΔT.sub.2 of the first and second microscopes 30 and 40 are determined in accordance with, for example, the time required for imaging in the respective microscopies, and the processing rate, by the image processor 60, of processing the imaging results obtained by the first and second illumination/imaging units 31 and 41, and the like. Please also read paragraph [0088, 0095-0096, 0183 and 0215]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE and in further view of WELLS and in further view of KANAROWSKI of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of SASE of having wherein the time intervals between taking two cross-section images are constant. Wherein having CARPIO’s method having wherein the time intervals between taking two cross-section images are constant. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and SASE concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while SASE systems and methods provide greater accuracy and speed for the observation of specimens. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and SASE et al. (US 20200218054 A1), Abstract and Paragraph [0045 and 0169]. Regarding claim 15, CARPIO in view of SASE and in further view of WELLS and in further view of KANAROWSKI explicitly teach the method of claim 13, CARPIO fails to explicitly teach wherein the time-dependent interpolation of the alignment information is a time-dependent interpolation of lateral alignment information. However, SASE explicitly teaches wherein the time-dependent interpolation of the alignment information (Fig. 21. Paragraph [0196]-SASE discloses FIG. 21 illustrates a principle of generating corresponding image data by time interpolation. Two images 231 and 232 each captured at mutually different times T.sub.1 (=Ta) and T.sub.1+ΔT.sub.1 (=Tb) are interpolated, to thus generate a corresponding image 235 at the time T.sub.2 (=Tc) between the times Ta and Tb. In paragraph [0213]-SASE discloses images of a specimen are alternately captured by the first and second microscopes 30 and 40. Further in paragraph [0214]-SASE the user selects the target space or target time to generate image data by interpolation in steps 130, 230, 330, and 430 Alternatively, the image generator 61 may automatically select the target space or target time. In paragraph [0215]-SASE discloses the target time can be selected from the imaging conditions included in the first and second observation conditions, the imaging start time, or the imaging interval) is a time-dependent interpolation of lateral alignment information (Fig. 17. Paragraph [0169]-SASE discloses in step 365, the image data 195 is generated from the two images 193 and 194 that have been structurally classified. The image generator 61 performs a comparison of the structural bodies distinguished between the two images 193 and 194, and generates areas of the structural bodies in a corresponding image data 195 by interpolating the shape of the areas of the corresponding structural bodies in accordance with the depths Za, Zb, and Zc. the interpolation can be performed such that the positions of the interpolation points in the corresponding image data 195 are each obtained by weight averaging the positions of the two corresponding points in the XY plane, that are, for example, most approximate to each other, using the depths Za, Zb, and Zc, and then the plurality of interpolation points thus obtained are continuously connected to one another (wherein the XY plane is lateral alignment information)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE and in further view of WELLS and in further view of KANAROWSKI of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of SASE of having wherein the time-dependent interpolation of the alignment information is a time-dependent interpolation of lateral alignment information. Wherein having CARPIO’s method having wherein the time-dependent interpolation of the alignment information is a time-dependent interpolation of lateral alignment information. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and SASE concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while SASE systems and methods provide greater accuracy and speed for the observation of specimens. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and SASE et al. (US 20200218054 A1), Abstract and Paragraph [0045 and 0169]. Regarding claim 16, CARPIO in view of SASE and in further view of WELLS and in further view of KANAROWSKI explicitly teach the method of claim 15, CARPIO further teaches wherein depth alignment information is not interpolated (Fig. 1. Paragraph [0043]-CARPIO discloses many images can be sequentially obtained in these methods and then combined by stacking and aligning them in the proper position, to create a preliminary three-dimensional (3D) volume. The identified locations of kerogen can be used to laterally (X-Y directions) align a two-dimensional substrate image of the sample which has been simultaneously acquired by surface electron detection). Regarding claim 17, CARPIO in view of SASE in view of WELLS and in further view of KANAROWSKI explicitly teach the method of claim 16, although CARPIO explicitly teaches wherein the alignment information of the cross-section images of the first set is identically transferred to the corresponding cross-section images of the second set (Fig. 1. Paragraph [0044]-CARPIO discloses the gray scale images can be stacked and aligned with data visualization and analysis software adapted for use in the present methods. Stacking can be done by sequentially positioning the images of the slices in the order they were obtained from the sample. Alignment can rely on processing techniques which identify the correct lateral position of one slice relative to the next in the same stack. The two-dimensional substrate image or images obtained based on surface electron detection can be aligned by reference to the two-dimensional substrate image or images obtained with backscatter electron detection. With the alignment determined from backscatter electron data, the surface electron data can be manipulated identically. The identified locations of kerogen can be used to laterally (X-Y directions) align a two-dimensional substrate image of the sample which has been simultaneously acquired by surface electron detection. Where a three-dimensional volume of images are to be generated based on successive scans and captures of dual set of image data at each slice, alignment also can be based on the kerogen locations identified in the two-dimensional substrate images captured from backscatter electron detection for each slice where nanoscale or other very small slice thicknesses are used in generating the stacks of two-dimensional images for successively scanned slices of a sample). CARPIO fails to explicitly teach wherein the depth alignment information of the cross-section images of the first set is identically transferred to the corresponding cross-section images of the second set. However, SASE explicitly teaches wherein the depth alignment information (Fig. 4. Paragraph [0072]-SASE discloses when the user selects the Z position Z.sub.1+ΔZ.sub.1, the microscopic image data at the Z position Z.sub.1+ΔZ.sub.1 among the plurality of microscopic image data of the first microscope 30 is specified as the first microscopic image data. Moreover, from among the plurality of microscopic data of the second microscope 40, the second microscopic image data and the third microscopic image data that are to be used to generate corresponding image data are specified. Among the plurality of microscopic image data of the second microscope 40, the microscopic image data closest to the Z position Z.sub.1+ΔZ.sub.1 in the ±Z directions are specified as the second microscopic image data and the third microscopic image data. This allows for a generation of a corresponding image at the Z position identical to the Z position of the first microscopic image data, as described below, in correspondence to the first microscopic image data being the microscopic image data on a first plane (at the Z position Z.sub.1+ΔZ.sub.1). Please also read paragraph [0104]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of CARPIO in view of SASE and in further view of WELLS and in further view of KANAROWSKI of having a method of transferring alignment information in 3D tomography from a first set of images to a second set of images, with the teachings of SASE of having the depth alignment information. Wherein having CARPIO’s method having wherein the depth alignment information of the cross-section images of the first set is identically transferred to the corresponding cross-section images of the second set. The motivation behind the modification would have been to obtain a method that improves the speed and accuracy for examining specimens, since both CARPIO and SASE concern microscopic image processing. Wherein CARPIO provides systems and methods that allow for greater accuracy and examination of features at different levels, while SASE systems and methods provide greater accuracy and speed for the observation of specimens. Please see CARPIO et al. (US 20130094716 A1), Abstract and Paragraph [0033 and 0038] and SASE et al. (US 20200218054 A1), Abstract and Paragraph [0045 and 0169]. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over CARPIO et al. (US 20130094716 A1), hereinafter referenced as CARPIO in view of SASE et al. (US 20200218054 A1), hereinafter referenced as SASE and in further view of PHANEUF (US 20170140897 A1), hereinafter referenced as PHANEUF. Regarding claim 18, CARPIO in view of SASE explicitly teach the method of claim 5, CARPIO in view of SASE fail to explicitly teach wherein the fiducials comprise a set of parallel fiducials elongating in a depth direction and a set of non-parallel fiducials elongating obliquely to the depth direction. However, PHANEUF explicitly teaches wherein the fiducials comprise a set of parallel fiducials elongating in a depth direction (Fig. 20A, #706, #708, and #714 called parallel notches. Paragraph [0046]-PHANEUF discloses FIGS. 20A, 20B, 20C and 20D are example cross-section images a sample having the alignment notches and parallel alignment notches. Further in paragraph [0134]- PHANEUF discloses the cross-section image of FIG. 20A shows a sample 700 having a top surface 702, a first protective layer 704, a left chevron notch 706, a right chevron notch 708, and second protective layers 710 and 712 formed over notches 706 and 708 respectively. These features are similar to those shown in FIG. 19A. FIG. 20A further includes parallel notches 714, of which 3 are shown in the present example) and a set of non-parallel fiducials elongating obliquely to the depth direction (Fig. 20A, #720 and #722, called second set of notches. Paragraph [0135]-PHANEUF discloses the second set of notches 720 and 722 appear in the x-y plane of the cross section face). PNG media_image1.png 486 697 media_image1.png Greyscale Conclusion Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant`s disclosure. KOOIMAN et al. (US 20200173940 A1)- A method of reducing variability of an error associated with a structure on a substrate in a lithography process is disclosed. The method includes determining, based on one or more images obtained based on a scan of the substrate by a scanning electron microscope (SEM), a first error due to a SEM distortion in the image. The method also includes determining, based on the image, a second error associated with a real error of the structure, where the error associated with the structure includes the first error and the second error. A command is generated by a data processor that enables a modification of the lithography process and an associated reduction of the variability of the error based on reducing any of the first error or the second error............................. Please see Fig. 2. Para. [0036-0039 and 0064]. Abstract. Xu et al. (US 20180218878 A1)- A microscopy system for imaging a sample can include a scanning electron microscope system configured for imaging a surface layer of the sample and a focused ion beam system configured for generating an ion beam for milling the surface layer away from a sample after it has been imaged. A movable mechanical shutter can be configured to be moved automatically into a position between the sample and the scanning electron microscope system, so that when the electron beam is not imaging the sample the movable mechanical shutter is positioned between the sample and the scanning electron microscope system.............................. Please see Paragraph 1 and 4. Abstract. VARSLOT et al. (US 20150104078 A1)- A method for processing image data of a sample is disclosed. The method comprises registering a first and a second images of at least partially overlapping spatial regions of the sample and processing data from the registered images to obtain integrated image data comprising information about the sample, said information being additional to that available from said first and second images.............................. Please see Fig. 1 and 12 Abstract. ABE (US 20180330917 A1)- An electron microscope includes: a display control unit which sequentially acquires electron microscope images of a sample and causes a display unit to display the electron microscope images as a live image; an analysis area setting unit which sets an analysis area on the sample based on a designated position on the live image designated by pointing means; and an analysis control unit which performs control for executing elemental analysis of the set analysis area. The analysis area setting unit sets, as the analysis area, an area on the sample which corresponds to a continuous area including the designated position and having brightness comparable to brightness of the designated position............................... Please see Fig. 1-2 and Para. [0054]. Abstract. Hayworth et al. (US 20190355550 A1)-A microscopy system includes a gas cluster beam system configured for generating a beam of gas clusters directed toward a sample to irradiate a sample and mill away successive surface layers from the sample, a scanning electron microscope system configured for irradiating the successive surface layers of the sample with an electron beam and for imaging the successive surface layers of the sample in response to the irradiation of the surface layer, and a processor configured for generating a three dimensional image of the sample based on the imaging of the successive layers of the sample........................... Please see Fig. 1 and 5. Para. [0040, 0044 and 0054]. Abstract. Bouchet-Marquis et al. (US 20170025246 A1)- Provided are methods to improve tomography by creating fiducial holes using charged particle beams, and using the fiducial holes to improve the sample positioning, acquisition, alignment, reconstruction, and visualization of tomography data sets. Some versions create fiducial holes with an ion beam during the process of milling the sample. Other versions create in situ fiducial holes within the TEM using the electron beam prior to acquiring a tomography data series. In some versions multiple sets of fiducial holes are made, positioned strategically around a region of interest. The fiducial holes may be employed to properly position the features of interest during the acquisition, and later to help better align the tilt-series, and improve the accuracy and resolution of the final reconstruction. The operator or software may identify the holes to be tracked with tomography feature tracking techniques............................. Please see Fig. 2-3. Abstract. Lechner (US 20170011885 A1)- The disclosure provides a method for preparing a cross-section of a sample by milling with a focused ion beam. The cross-section is to be prepared at a pre-defined position. The method includes excavating a trench by milling in a first milling direction. The first milling direction leads away from the position of the cross-section to be prepared. The method also includes excavating the cross-section by enlarging the trench by milling in the reversed milling direction. The second milling direction leads towards the position of the cross-section to be prepared, whereupon the milling is completed at the position where the cross-section is to be cut. The desired largest milling depth is achieved at the completion of this milling step.............................. Please see Fig. 2-4 and para. [0056-0061]. Abstract. Lechner (US 20170011885 A1)- VICKERS et al. (US 20190287762 A1)- Described herein are a system and method of preparing integrated circuits (ICs) so that the ICs remain electrically active and can have their active circuitry probed for diagnostic and characterization purposes using charged particle beams. The system employs an infrared camera capable of looking through the silicon substrate of the ICs to image electrical circuits therein, a focused ion beam system that can both image the IC and selectively remove substrate material from the IC, a scanning electron microscope that can both image structures on the IC and measure voltage contrast signals from active circuits on the IC, and a means of extracting heat generated by the active IC. The method uses the system to identify the region of the IC to be probed, and to selectively remove all substrate material over the region to be probed using ion bombardment, and further identifies endpoint detection means of milling to the required depth so as to observe electrical states and waveforms on the active IC............................ Please see Fig. 1-2. Para. [0034, 0038, 0043, and 0046]. Abstract. Boguslavsky (US 20120103938 A1)- A system and a method for milling and inspecting an object. The method may include performing at least one iteration of a sequence that includes: milling, by a particle beam, a first surface of the object, during a first surface milling period; obtaining, by an electron detector, an image of a second surface of the object during at least a majority of the first surface milling period; wherein the object is expected to comprise an element of interest (EOI) that is positioned between the first and second surfaces; milling, by the particle beam, the second surface of the object during a second surface milling period; wherein each of the first surface milling period and the second surface milling period has a duration that exceeds a long duration threshold; obtaining by the electron detector an image of the first surface of the object during at least a majority of the second surface milling period................................ Please see Fig. 1-2. Abstract. MANOR et al. (US 20210321963 A1)-A method to, is provided for collecting an image from a sample. The method includes selecting a radiation level for a first probe to meet a desired radiation dosage, and providing, with the first probe, a radiation at a selected point within a region of the sample. The method includes identifying a second selected point within the region of the sample based on a down sampling scheme, and providing a second radiation amount at the second selected point within the region of the sample. The method also includes interpolating a first datum and a second datum based on an up sampling scheme to obtain a plurality of data, and forming an image of the region of the sample with the plurality of data. A system to perform the above method and including the first probe is also provided.............................. Please see Para. [0036 and 0104-0105] and Fig. 1-2. Abstract. HU et al. (US 20170345725 A1)- A method provides a design layout having a pattern of features. The design layout is transferred onto a substrate on a semiconductor substrate using a mask. A scanning parameter is determined based on the design layout. An image of the substrate is generated using the determined scanning parameter. A substrate defect is identified by comparing a first number of closed curves in a region of the image and a second number of polygons in a corresponding region of the design layout............................ Please see Fig. 7. Para. [0040, 0043-0044, 0047 and 0051]. Abstract. LAZIC et al. (US 20190348254 A1)- A method of performing sub-surface imaging of a specimen in a charged-particle microscope of a scanning transmission type, comprising the following steps: Providing a beam of charged particles that is directed from a source along a particle-optical axis through an illuminator so as to irradiate the specimen; Providing a detector for detecting a flux of charged particles traversing the specimen; Causing said beam to follow a scan path across a surface of said specimen, and recording an output of said detector as a function of scan position, thereby acquiring a scanned charged-particle image I of the specimen; Repeating this procedure for different members n of an integer sequence, by choosing a value P.sub.n of a variable beam parameter P and acquiring an associated scanned image I.sub.n, thereby compiling a measurement set M={(I.sub.n, P.sub.n)}; Using computer processing apparatus to automatically deconvolve the measurement set M and spatially resolve it into a result set representing depth-resolved imagery of the specimen,.............................. Please see Fig. 1. Para. [0070-0076]. Abstract. Tanaka et al. (US 20200380683 A1)- An image processing apparatus acquires a first pixel size and a second pixel size that are pixel sizes in a predetermined axis direction of a first image and a second image captured at different points in time, respectively, determines whether the first pixel size and second pixel size differ from each other, and decides, if the first pixel size differs from the second pixel size, a size in a predetermined axis direction of a comparison area based on a larger one of the first pixel size and the second pixel size. The comparison area includes a plurality of gray levels, and is compared to a gray level of a position of interest in one of the first and second image, and the comparison area existing in the other of the first and second image, different from the one image.............................. Please see Fig. 1-2. Abstract. WATANABE et al. (US 20150264270 A1)- An imaging apparatus includes: a stage on which an object is configured to be placed; an imaging unit having an imager configured to image the object; a movement mechanism configured to perform a relative movement between the stage and the imaging unit in at least one direction within a placement plane for placing the object; a tilt mechanism configured to tilt at least one of an imaging surface of the imager and the stage relative to a moving direction of the movement mechanism; and a tilt angle setting unit configured to set a tilt angle of the tilt mechanism based on at least a magnification of the imaging unit and a size of an effective area on the imaging surface, the effective area being an area into which observation light from the object is introduced.............................. Please see Fig. 1 and Para. [0122]. Abstract. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aaron Bonansinga whose telephone number is (703) 756-5380 The examiner can normally be reached on Monday-Friday, 9:00 a.m. - 6:00 p.m. ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chineyere Wills-Burns can be reached by phone at (571) 272-9752. 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. /AARON TIMOTHY BONANSINGA/Examiner, Art Unit 2673 /CHINEYERE WILLS-BURNS/Supervisory Patent Examiner, Art Unit 2673
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Prosecution Timeline

May 01, 2023
Application Filed
Jul 24, 2025
Non-Final Rejection — §103
Nov 25, 2025
Response Filed
Jan 31, 2026
Final Rejection — §103 (current)

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