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 .
Election/Restrictions
Applicant’s election without traverse of inventive group II, and species A2, B2, and C3 in the reply filed on 3/30/26 is acknowledged.
Claims 2-4 and 30 are withdrawn since they are directed to inventive group I.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5-19, 25, 28-29, and 31-33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 25, and 33 recite, “manipulating the beam into a beam profile in which a ratio of a first interaction length to a second interaction length is at most 1:1.2.” If the language of the claim is such that a person of ordinary skill in the art could not interpret the metes and bounds of the claim so as to understand how to avoid infringement, a rejection of the claim under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, is appropriate. See Morton Int’l, Inc. v. Cardinal Chem. Co., 5 F.3d 1464, 1470, 28 USPQ2d 1190, 1195 (Fed. Cir. 1993). It is unclear what the claimed range of ratios encompasses. In particular, it is unclear whether 2:1 is less that 1:1.2, or if 1:2 is less than 1:1.2. Furthermore, the first and second interaction lengths are arbitrarily defined. That is to say that neither length is associated with a particular aspect of the beam shape, e.g., a long axis, but rather are only stated to be the distances between various lines, said lines also being placed in a largely arbitrary fashion. As such, should one of ordinary skill in the art practice a similar method, he would find that some arbitrary assignments of lines to a given beam would yield interaction length ratios within the claimed ranges, while other arbitrary assignments would be outside of the claimed ranges. As such, the claims fail to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Accordingly, the claims are rejected as indefinite.
The indefinite claims above will be interpreted as best understood in light of the specification.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 33 is rejected under 35 U.S.C. 102(a)(1) and(2) as being anticipated by US 2006/0060781 A1 [Watanabe].
Regarding Claim 33:
Watanabe teaches a method, comprising:
using a particle beam system to generate a beam of charged particles (Fig. 1 (14));
using an objective lens of the particle beam system to focus the beam into a focal plane (Fig. 1 (18));
manipulating the beam into a beam profile in which a ratio of a first interaction length to a second interaction length is at most 1:1.2 (see Fig. 3, wherein the beams without astigmatism correction have the claimed ratios, paras 161-163);
adjusting an orientation of the beam profile in the focal plane relative to a sample to a target orientation (para 166);
recording an image of the sample located in the focal plane using the manipulated beam having the adjusted orientation (Fig. 5); and
selecting the target orientation based on an orientation of a structure on the sample (paras 166-167),
wherein:
the first interaction length is a distance, measured along a first direction, between a first straight line and a second straight line;
the first straight line is perpendicular to the first direction;
the second straight line is perpendicular to the first direction;
the first straight line defines a first half-plane;
the first half-plane is in the focal plane;
the first half-plane contains 25% of a total intensity of the beam in the focal plane;
the second straight line defines a second half-plane;
the second half-plane is in the focal plane;
the second half-plane contains 25% of the total intensity of the beam in the focal plane;
the second half-plane does not overlap the first half-plane;
the second interaction length is a distance, measured along a second direction different from the first direction, between a third straight line and a fourth straight line;
the third straight line is perpendicular to the second direction;
the fourth straight line is perpendicular to the second direction;
the third straight line defines a third half-plane;
the third half-plane is in the focal plane;
the third half-plane contains 25% of the total intensity of the beam in the focal plane;
the fourth straight line defines a fourth half-plane;
the fourth half-plane is in the focal plane;
the fourth half-plane contains 25% of the total intensity of the beam in the focal plane; and
the fourth half-plane does not overlap the third half-plane. Since the beam shape at the focal plane is elliptical, it is understood to meet the above limitation.
Allowable Subject Matter
Claims 1, 5-19, 25, 28-29, and 31-32 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT A STOFFA whose telephone number is (571)270-1782. The examiner can normally be reached M-F 0700-1600 EST.
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WYATT STOFFA
Primary Examiner
Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881
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