DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5, 9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dinu-Gurtler et al. (U.S. Patent Application Publication Number 20150187533, from hereinafter “Dinu”).
In regards to claim 1, Dinu teaches a charged particle gun (see the title, an electron gun) comprising a charged particle source that generates a charged particle (see the abstract that teaches a cathode body that does just that), an electron portion that includes an extraction electrode for extracting a charged particle beam from a charged particle source (Fig. 1a, heather cathode 50, cathode arrangement 20, focusing electrode 40 that, as FIG. 1a illustrates, likewise extracts from the heather cathode 50, paragraph 0093), a voltage introduction unit that introduces voltage to the electrode portion (this is implicit, the electrode would be non-functional if not powered) and a temperature adjustment unit that adjusts a temperature of the electrode portion (paragraphs 0006, 0009, 0020, 0028-0029, 0040-0043, 0101-0102) wherein the temperature unit is configured to adjust the temperature of the electrode portion based on a change in state of the electrode portion (paragraphs 0006, 0009, 0020, 0028-0029, 0040-0043, 0101-0102).
In regards to claim 2, Dinu teaches that the temperature adjustment unit adjusts the temperature of the electrode portion based on current and voltage of the electrode portion (paragraphs 0006, 0009, 0020, 0028-0029, 0040-0043, 0101-0102).
In regards to claim 4, Dinu teaches that the extraction electrode includes a plurality of a divided electrodes (FIGS. 2A-2B) and the temperature adjustment unit includes a temperature adjustment unit connected to each of the plurality of divided electrodes (paragraphs 0006, 0009, 0020, 0028-0029, 0040-0043, 0101-0102) .
In regards to claim 5, Dinu teaches that the electrode portion includes the extraction electrode and a voltage introduction electrode connected to the extraction electrode for introducing voltage to the extraction electrode and the temperature introduction unit is connected to the voltage introduction electrode (paragraphs 0006, 0009, 0020, 0028-0029, 0040-0043, 0101-0102).
In regards to claim 9, Dinu teaches a diaphragm disposed below the extraction electrode wherein a hole diameter of the diaphragm is smaller than a hole diameter of the extraction electrode (FIGS. 1A-1B and 4 illustrate this).
In regards to claim 11, Dinu teaches a charged particle beam apparatus comprising the charged particle gun (the title teaches a lithography device).
Allowable Subject Matter
Claims 3, 6-8 and 10 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/NICOLE M IPPOLITO/Primary Examiner, Art Unit 2881
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