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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the EU (EP21166211.9) on March 31st, 2021. It is noted, however, that applicant has not filed a certified copy of the European application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 29th, 2023 has been considered by the examiner.
Drawings
Figure 1-6 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 19-20 are is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by USPN 9,368,319.
Regarding claim 19, ‘319 discloses a method where electrons are projected towards a sample using an objective lens [20], moving a sample stage while energizing the sample collector to draw particles away from a sample and/or stage as the sample moves [44-46]:
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Note the above portion of the disclosure from [44-46] indicating the moving and collecting simultaneously.
Regarding claim 20, taken with the teaching of ‘319 above regarding collection and sample movement, ‘319 teaches an electron beam system comprising an electro optical system including an objective lens (106) projecting a beam (103) towards a sample surface (109):
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‘319 also discloses an electrode assembly (702) for collecting particles mounted radially and outside the objective lens and facing the sample.
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As noted above with respect to claim 19, the function of sample movement and the drawing of particles away from a sample/stage/chamber interior is disclosed in ‘319.
Allowable Subject Matter
Claims 1-18 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 1 recites in addition to the other elements of the claim:
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This particular configuration requiring the particle trap electrode be both radial and outside the objective lens and that the objective lens be position between the particle trap and the electron beam path and where the claimed control system drives the electrode assembly to generate an electric field between a “sample facing electrode” of the electrode assembly. Item 702 above is a singular electrode, not an assembly, and while facing the sample in the embodiment in Fig. 9, fails to satisfy the position requirement of the portion of the claim cited above. Therefore, it appears the apparatus of claim 1 defines over the prior art and claims 2-18 are indicated as being allowable by at least virtue of their dependency.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID A VANORE whose telephone number is (571)272-2483. The examiner can normally be reached Monday to Friday 7AM to 6 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID A VANORE/ Primary Examiner, Art Unit 2881
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