Prosecution Insights
Last updated: April 19, 2026
Application No. 18/519,810

CHARGED PARTICLE BEAM APPARATUS

Non-Final OA §102§103§112
Filed
Nov 27, 2023
Examiner
KALISZEWSKI, ALINA ROSE
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Korea Research Institute Of Standards And Science
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
38 granted / 47 resolved
+12.9% vs TC avg
Strong +28% interview lift
Without
With
+28.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
45 currently pending
Career history
92
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
29.5%
-10.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 47 resolved cases

Office Action

§102 §103 §112
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 . Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: FIGs. 2, 3: et2 Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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. Specification The disclosure is objected to because of the following informalities: Page 9, line 9: “stage 110” should read “stage [[110]]100”. Appropriate correction is required. Claim Rejections - 35 USC § 112 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 10-19 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. Claim 10 recites the limitation "the second detector" in line 15. There is insufficient antecedent basis for this limitation in the claim. For the purpose of compact prosecution, the Examiner has interpreted “the second detector” to mean “the second upper detector”. Claims 11-19 are rejected because of their dependence on claim 10. Claim Rejections - 35 USC § 102 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. Claims 1-2 and 7 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Ogawa (U.S. Patent Application Publication No. 2012/0001086 A1), hereinafter Ogawa (2012). Regarding claim 1, Ogawa (2012) discloses a charged particle beam apparatus comprising: a stage (FIG. 4, element 12) on which a sample (FIG. 4, element 13) is placed; a first charged particle beam unit (FIG. 4, element 41) comprising a charged particle source (FIG. 4, element 42), a detector (FIG. 4, element 34), and a first objective lens (FIG. 4, element 43) configured to irradiate a sample with a charged particle beam of charged particles generated by the charged particle source and induce secondary electrons generated from the sample to the detector (paragraphs 0064-0065); and a second charged particle beam unit (FIG. 4, element 10) comprising a second objective lens (FIG. 4, elements 6, 7, 8), wherein an incoming electric field is generated between the first objective lens and the sample to pull the secondary electrons into the first objective lens (paragraph 0064), and an induced electric field is generated between the second objective lens and the sample to guide the secondary electrons to travel to the detector (paragraph 0065). Regarding claim 2, Ogawa (2012) as applied to claim 1 discloses the charged particle beam apparatus of claim 1. In addition, Ogawa (2012) discloses that the induced electric field is generated when the sample is tilted with respect to the first charged particle beam unit (paragraph 0064, line 10 through paragraph 0065). Regarding claim 7, Ogawa (2012) as applied to claim 1 discloses the charged particle beam apparatus of claim 1. In addition, Ogawa (2012) discloses that the first charged particle beam unit comprises a scanning electron microscope (paragraph 0058), and the second charged particle beam unit comprises one of a spectrometer and a focused ion beam system (paragraph 0002). Claim Rejections - 35 USC § 103 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, 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) as applied to claim 1 above, in view of Sato (U.S. Patent No. 5,670,782 A), hereinafter Sato. Regarding claim 3, Ogawa (2012) as applied to claim 1 discloses the charged particle beam apparatus of claim 1. In addition, Ogawa (2012) discloses a control processing part (FIG. 1, element 21) configured to control the stage and the second charged particle beam unit (paragraph 0041). Ogawa (2012) fails to disclose a control processing part configured to control the first charged particle beam unit, wherein the control processing part controls the strength of the induced electric field depending on a tilt angle of the sample with respect to the first charged particle beam unit. However, Sato discloses a control processing part configured to control the first charged particle beam unit (column 2, lines 50-55), wherein the control processing part controls the strength of the induced electric field depending on a tilt angle of the sample with respect to the first charged particle beam unit (column 2, lines 30-40). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) to include a control processing part configured to control the first charged particle beam unit, wherein the control processing part controls the strength of the induced electric field depending on a tilt angle of the sample with respect to the first charged particle beam unit, based on the teachings of Sato that this minimizes the effects of astigmatism and aberrations (Sato, column 2, lines 25-40). Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) as applied to claim 1 above, in view of Sed’a et al. (U.S. Patent Application Publication No. 2014/0361165 A1), hereinafter Sed’a. Regarding claim 4, Ogawa (2012) as applied to claim 1 discloses the charged particle beam apparatus of claim 1. Ogawa (2012) fails to disclose that the incoming electric field is generated by providing the sample with potential lower than potential applied to the first objective lens, and the induced electric field is generated by providing the second objective lens with potential lower than the potential of the sample. However, Sed’a discloses that the incoming electric field is generated by providing the sample with potential (paragraph 0063, 234 V) lower than potential applied to the first objective lens (paragraph 0065, 8 kV applied to electrode 202 of first objective lens 116), and the induced electric field is generated by providing the second objective lens with potential (paragraph 0056, ground) lower than the potential of the sample (paragraph 0063, 234 V). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) to include that the incoming electric field is generated by providing the sample with potential lower than potential applied to the first objective lens, and the induced electric field is generated by providing the second objective lens with potential lower than the potential of the sample, based on the teachings of Sed’a that this arrangement optimizes electric symmetry and minimizes transverse chromatic aberration (Sed’a, paragraph 0053). Regarding claim 5, Ogawa (2012) in view of Sed’a as applied to claim 4 discloses the charged particle beam apparatus of claim 4. In addition, Ogawa (2012) discloses that the second objective lens comprises a second upper electrode (FIG. 4, element 6) and a second lower electrode (FIG. 4, element 8). In addition, Sed’a discloses that the induced electric field is generated by providing one or more of the second upper electrode (FIG. 2, element 208) and the second lower electrode (FIG. 2, element 212) with potential (paragraph 0056, ground) lower than the potential of the sample (paragraph 0063, 234 V). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) in view of Sed’a to include that the induced electric field is generated by providing one or more of the second upper electrode and the second lower electrode with potential lower than the potential of the sample, based on the additional teachings of Sed’a that this arrangement optimizes electric symmetry and minimizes transverse chromatic aberration (Sed’a, abstract). Regarding claim 6, Ogawa (2012) as applied to claim 1 discloses the charged particle beam apparatus of claim 1. Ogawa (2012) fails to disclose that the stage, the first objective lens, and the second objective lens are located in a single vacuum chamber. However, Sed’a discloses that the stage (FIG. 1, element 105), the first objective lens (FIG. 1, element 116), and the second objective lens (FIG. 1, element 126) are located in a single vacuum chamber (FIG. 1, element 103). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) to include that the stage, the first objective lens, and the second objective lens are located in a single vacuum chamber, based on the teachings of Sed’a that locating components within a single vacuum chamber advantageously reduces the cost and complexity of the apparatus by enabling operation with only a single pump controlled to achieve a singular evacuated pressure (Sed’a, paragraphs 0037, 0046, 0051). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) as applied to claim 1 above, in view of Erel et al. (U.S. Patent Application Publication No. 2018/0330919 A1), hereinafter Erel. Regarding claim 8, Ogawa (2012) as applied to claim 1 discloses the charged particle beam apparatus of claim 1. In addition, Ogawa (2012) discloses a control processing part (FIG. 1, element 21) configured to control the second charged particle beam unit and to process detected signals (paragraph 0041); and a user terminal configured to receive commands from a user (paragraph 0041, input unit 23). Ogawa (2012) fails to disclose a drive power source configured to drive the first charged particle beam unit and the second charged particle beam unit; and a control processing part configured to control the first charged particle beam unit. However, Erel discloses a drive power source configured to drive the first charged particle beam unit and the second charged particle beam unit (paragraph 0027, lines 1-8); and a control processing part configured to control the first charged particle beam unit (paragraph 0027, lines 1-8). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) to include a drive power source configured to drive the first charged particle beam unit and the second charged particle beam unit; and a control processing part configured to control the first charged particle beam unit, based on the teachings of Erel that a shared drive power source and a shared control processing part for the first and second charged particle beam units reduces the costs and complexity of the system (Erel, paragraph 0027). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) as applied to claim 1 above, in view of Ogawa et al. (JP Patent No. 2005135611 A), hereinafter Ogawa (2005) (English machine translation provided). Regarding claim 9, Ogawa (2012) as applied to claim 1 discloses the charged particle beam apparatus of claim 1. Ogawa (2012) fails to disclose that the induced electric field is controlled according to the intensity of a signal detected by the detector. However, Ogawa (2005) discloses that the induced electric field is controlled according to the intensity of a signal detected by the detector (page 5, paragraph 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) to include that the induced electric field is controlled according to the intensity of a signal detected by the detector, based on the teachings of Ogawa (2005) that this ensures secondary particles reach their respective detectors in order to maintain an accurate detection signal (Ogawa (2005), page 4, last paragraph to page 5, first paragraph). Claims 10-11 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) in view of Sed’a. Regarding claim 10, Ogawa (2012) discloses a charged particle beam apparatus comprising: a stage (FIG. 4, element 12) on which a sample (FIG. 4, element 13) is placed; a first charged particle beam unit comprising a charged particle source (FIG. 4, element 41) comprising a charged particle source (FIG. 4, element 42), a first upper detector (FIG. 4, element 34), and a first objective lens (FIG. 4, element 43) configured to provide a sample with a charged particle beam of charged particles generated by the charged particle source and induce secondary electrons generated from the sample to the first upper detector (paragraphs 0064-0065); and a second charged particle beam unit (FIG. 4, element 10) comprising a second objective lens (FIG. 4, elements 6, 7, 8), wherein an incoming electric field is generated between the first objective lens and the sample to pull the secondary electrons into the first objective lens (paragraph 0064), and an induced electric field is generated between the second objective lens and the sample to guide the secondary electrons to travel to a detector (paragraph 0065). Ogawa (2012) fails to disclose a second upper detector, wherein the induced electric field guides the secondary electrons to travel to the second upper detector. However, Sed’a discloses a second upper detector, wherein the induced electric field guides the secondary electrons to travel to the second upper detector (paragraph 0057). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) to include a second upper detector, wherein the induced electric field guides the secondary electrons to travel to the second upper detector, based on the teachings of Sed’a that this advantageously enables separate detection of secondary electrons with different energy levels (Sed’a, paragraph 0057). Regarding claim 11, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. In addition, Ogawa (2012) discloses that the induced electric field is generated when the sample is tilted with respect to the first charged particle beam unit (paragraph 0064, line 10 through paragraph 0065). Regarding claim 13, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. In addition, Sed’a discloses that the incoming electric field is generated by providing the sample with potential (paragraph 0063, 234 V) lower than potential applied to the first objective lens (paragraph 0065, 8 kV applied to electrode 202 of first objective lens 116), and the induced electric field is generated by providing the second objective lens with a potential (paragraph 0056). Optimizing voltages creating an electric field is well within the bounds of normal experimentation. See MPEP 2144.05 II (A). “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to dis-cover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Furthermore, “[a] particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation.” In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). In the case at hand, Sed’a teaches that “objective lens 126 [is] formed by electrodes 208, 210 and 212…electrode 210 typically at a voltage decelerating the ion beam…it is known to use an accelerating voltage when using low-energy ions” (Sed’a, paragraph 0056). As such, Sed’a identifies electrode voltages as a variable which achieves a recognized result, i.e., accelerating or decelerating charged particles. Therefore, the prior art teaches adjusting electrode voltages and identifies said voltages as result-effective variables. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective time of filing to optimize the potential of the second objective lens with respect to the sample to meet the claimed potential since it is not inventive to dis-cover the optimum or workable ranges by routine experimentation. Regarding claim 14, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. In addition, Ogawa (2012) discloses that the second objective lens comprises a second upper electrode (FIG. 4, element 6) and a second lower electrode (FIG. 4, element 8). In addition, Sed’a discloses that the induced electric field is generated by providing one or more of the second upper electrode (FIG. 2, element 208) and the second lower electrode (FIG. 2, element 212) with potential (paragraph 0056). Optimizing voltages creating an electric field is well within the bounds of normal experimentation. See MPEP 2144.05 II (A). “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to dis-cover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Furthermore, “[a] particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation.” In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). In the case at hand, Sed’a teaches that “objective lens 126 [is] formed by electrodes 208, 210 and 212…electrode 210 typically at a voltage decelerating the ion beam…it is known to use an accelerating voltage when using low-energy ions” (Sed’a, paragraph 0056). As such, Sed’a identifies electrode voltages as a variable which achieves a recognized result, i.e., accelerating or decelerating charged particles. Therefore, the prior art teaches adjusting electrode voltages and identifies said voltages as result-effective variables. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective time of filing to optimize the potential of the second objective lens with respect to the sample to meet the claimed potential since it is not inventive to dis-cover the optimum or workable ranges by routine experimentation. Regarding claim 15, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. In addition, Sed’a discloses that the stage (FIG. 1, element 105), the first objective lens (FIG. 1, element 116), and the second objective lens (FIG. 1, element 126) are located in a single vacuum chamber (FIG. 1, element 103). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) in view of Sed’a to include that the stage, the first objective lens, and the second objective lens are located in a single vacuum chamber, based on the additional teachings of Sed’a that locating components within a single vacuum chamber advantageously reduces the cost and complexity of the apparatus by enabling operation with only a single pump controlled to achieve a singular evacuated pressure (Sed’a, paragraphs 0037, 0046, 0051). Regarding claim 16, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. In addition, Ogawa (2012) discloses that the first charged particle beam unit comprises a scanning electron microscope (paragraph 0058), and the second charged particle beam unit comprises one of a spectrometer and a focused ion beam system (paragraph 0002). Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) in view of Sed’a as applied to claim 10 above, and further in view of Sato. Regarding claim 12, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. In addition, Ogawa (2012) discloses a control processing part (FIG. 1, element 21) configured to control the stage and the second charged particle beam unit (paragraph 0041). Ogawa (2012) in view of Sed’a fails to disclose a control processing part configured to control the first charged particle beam unit, wherein the control processing part controls the strength of the induced electric field depending on a tilt angle of the sample with respect to the first charged particle beam unit. However, Sato discloses a control processing part configured to control the first charged particle beam unit (column 2, lines 50-55), wherein the control processing part controls the strength of the induced electric field depending on a tilt angle of the sample with respect to the first charged particle beam unit (column 2, lines 30-40). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) in view of Sed’a to include a control processing part configured to control the first charged particle beam unit, wherein the control processing part controls the strength of the induced electric field depending on a tilt angle of the sample with respect to the first charged particle beam unit, based on the teachings of Sato that this minimizes the effects of astigmatism and aberrations (Sato, column 2, lines 25-40). Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) in view of Sed’a as applied to claim 10 above, and further in view of Erel. Regarding claim 17, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. In addition, Ogawa (2012) discloses a control processing part (FIG. 1, element 21) configured to control the second charged particle beam unit and to process detected signals (paragraph 0041); and a user terminal configured to receive commands from a user (paragraph 0041, input unit 23). Ogawa (2012) in view of Sed’a fails to disclose a drive power source configured to drive the first charged particle beam unit and the second charged particle beam unit; and a control processing part configured to control the first charged particle beam unit. However, Erel discloses a drive power source configured to drive the first charged particle beam unit and the second charged particle beam unit (paragraph 0027, lines 1-8); and a control processing part configured to control the first charged particle beam unit (paragraph 0027, lines 1-8). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) in view of Sed’a to include a drive power source configured to drive the first charged particle beam unit and the second charged particle beam unit; and a control processing part configured to control the first charged particle beam unit, based on the teachings of Erel that a shared drive power source and a shared control processing part for the first and second charged particle beam units reduces the costs and complexity of the system (Erel, paragraph 0027). Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) in view of Sed’a as applied to claim 10 above, and further in view of Ogawa (2005). Regarding claim 18, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. Ogawa (2012) in view of Sed’a fails to disclose that the induced electric field is controlled according to the intensity of a signal detected by one or more of the first upper detector and the second upper detector. However, Ogawa (2005) discloses that the induced electric field is controlled according to the intensity of a signal detected by one or more of the first upper detector and the second upper detector (page 5, paragraph 1, first and second upper detectors 1 and 2). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) in view of Sed’a to include that the induced electric field is controlled according to the intensity of a signal detected by one or more of the first upper detector and the second upper detector, based on the teachings of Ogawa (2005) that this ensures secondary particles reach their respective detectors in order to maintain an accurate detection signal (Ogawa (2005), page 4, last paragraph to page 5, first paragraph). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (2012) in view of Sed’a as applied to claim 10 above, and further in view of Yamaguchi et al. (U.S. Patent Application Publication No. 2012/0213371 A1), hereinafter Yamaguchi. Regarding claim 19, Ogawa (2012) in view of Sed’a as applied to claim 10 discloses the charged particle beam apparatus of claim 10. Ogawa (2012) in view of Sed’a fails to disclose that an image of the sample is formed by summing data regarding the secondary electrons detected by the first upper detector and data regarding the secondary electrons detected by the second upper detector. However, Yamaguchi discloses that an image of the sample is formed by summing data regarding the secondary electrons detected by the first upper detector and data regarding the secondary electrons detected by the second upper detector (paragraphs 0038-0039). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Ogawa (2012) in view of Sed’a to include that an image of the sample is formed by summing data regarding the secondary electrons detected by the first upper detector and data regarding the secondary electrons detected by the second upper detector, based on the teachings of Yamaguchi that this addition improves the contrast in the final image (Yamaguchi, paragraph 0040). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sakamoto et al. (U.S. Patent Application Publication No. 2012/0211652 A1), hereinafter Sakamoto, teaches a charged particle beam apparatus comprising: a stage on which a sample is placed; a first charged particle beam unit comprising a charged particle source and a detector, configured to irradiate a sample with a charged particle beam of charged particles generated by the charged particle source and induce secondary electrons generated from the sample to the detector; and a second charged particle beam unit, wherein the first charged particle beam unit comprises a scanning electron microscope, and the second charged particle beam unit comprises a focused ion beam system. Shojo et al. (U.S. Patent Application Publication No. 2008/0121803 A1), hereinafter Shojo, teaches an induced electric field generated between an objective lens and a sample to guide the secondary electrons to travel to a detector. Iwabuchi et al. (U.S. Patent No. 5,894,124 A), hereinafter Iwabuchi, teaches a control processing part which controls the strength of the induced electric field depending on a tilt angle of the sample with respect to the charged particle beam unit. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALINA R KALISZEWSKI whose telephone number is (703)756-5581. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm EST. 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. 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. /A.K./Examiner, Art Unit 2881 /ROBERT H KIM/Supervisory Patent Examiner, Art Unit 2881
Read full office action

Prosecution Timeline

Nov 27, 2023
Application Filed
Jan 29, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+28.1%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 47 resolved cases by this examiner. Grant probability derived from career allow rate.

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