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 Invention I, and Species A1 and B2 in the reply filed on 5/6/26 is acknowledged.
Claims 8 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim.
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 14 and 15 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 14 and 15 recite the limitation “the wavelength shifter.” There is insufficient antecedent basis for this limitation in the claim. As such, the claims are rejected as indefinite.
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.
Claims 1-7, 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0312609 A1 [Shur]
Regarding Claim 1:
Shur discloses a particle beam microscope (para 51 – SEM), comprising:
a particle beam source configured to generate a particle beam (para 51);
an objective lens configured to focus the particle beam in an object plane (all SEMs inherently have objective lens);
a first scintillator configured to generate light from electrons arriving from the object plane (Fig. 1 (140 or 142));
a second scintillator configured to generate light from electrons arriving from the object plane (Fig. 1 (142 or 140)); and
a light detector configured to detect light generated by the first scintillator and light generated by the second scintillator (Fig. 2 (166, 178)), paras 48-49)
wherein:
a first beam path of the light generated by the first scintillator between the first scintillator and the light detector and a second beam path of the light generated by the second scintillator between the second scintillator and the light detector partly overlap one another (as shown in Fig. 2, described in para 42);
the first scintillator comprises a first scintillator body comprising a first scintillator material configured to generate light having a first spectral distribution from electrons (para 40);
the second scintillator comprises a second scintillator body comprising a second scintillator material configured to generate light having a second spectral distribution from electrons (para 40); and
the second spectral distribution is different from the first spectral distribution (para 40).
Regarding Claim 2:
Shur discloses the particle beam microscope of claim 1, wherein:
along a principal axis of the objective lens, a smallest distance between the first and second scintillator bodies is less than 10 mm (in Fig. 4 the layers are touching, thus the distance is less than 10 mm); and
in the direction of the principal axis, the first scintillator body comprises a surface region which does not overlap the second scintillator body (para 59).
Regarding Claim 3:
Shur discloses the particle beam microscope of claim 1, wherein:
in a direction of the principal axis of the objective lens, the first scintillator body does not overlap the second scintillator body (as shown in Fig. 4);
the first scintillator body is substantially outside the second beam path (as shown in Fig. 4), and
the second scintillator body is substantially outside the first beam path (as shown in Fig. 4).
Regarding Claim 4:
Shur discloses the particle beam microscope of claim 1, wherein:
in a direction of a principal axis of the objective lens, a first part of the first scintillator body overlaps the second scintillator body (as shown in Fig. 3); and
the first part of the first scintillator body is within a beam path of the light generated by the second scintillator between the second scintillator and the light detector (Fig. 3 – (142) is in a beam path between (140) and the detector).
Regarding Claim 5:
Shur discloses the particle beam microscope of claim 4, wherein a surface of the second scintillator body is optically coupled to a surface of the first scintillator body. As shown in Fig. 3.
Regarding Claim 6:
Shur discloses the particle beam microscope of claim 5, further comprising a light guide in which the first and second beam paths overlap one another, wherein a surface of the first scintillator body is optically coupled to a surface of the light guide (Fig. 3 (150), as described in paras 42-43; in the alternative, Fig. 2 (156) as described in paras 48-49).
Regarding Claim 7:
Shur discloses the particle beam microscope of claim 1, wherein the first scintillator body has a shape of an annulus, and/or the second scintillator body has a shape of an annulus. As shown in Fig. 3.
Regarding Claim 9:
Shur discloses the particle beam microscope of claim 1, wherein:
a centroid of the first spectral distribution is at a first wavelength (this is inherent in the scintillator materials of para 40),
a centroid of the second spectral distribution is at a second wavelength (this is inherent in the scintillator materials of para 40), and
an absolute value of a difference between the first wavelength and the second wavelength is greater than 50 nm (this is inherent in the scintillator materials of para 40).
Regarding Claim 10:
Shur discloses the particle beam microscope of claim 9, wherein the first wavelength is less than the second wavelength. This is inherent in the scintillator materials of para 40.
Regarding Claim 11:
Shur discloses the particle beam microscope of claim 9, further comprising an optical filter arrangeable in the first beam path, wherein the optical filter is configured allow the light having the first spectral distribution to pass to the light detector better than the light having the second spectral distribution. Fig.2 (154), para 47.
Regarding Claim 12:
Shur discloses the particle beam microscope of claim 9, wherein:
the light detector comprises a first light detector configured to detect the light having the first spectral distribution and a second light detector configured to detect the light having the second spectral distribution (Fig. 2 (166 and 178));
the second light detector is different from the first light detector (as shown in Fig. 2);
a first optical filter is in the first beam path and allows the light having the first spectral distribution to pass to the first light detector better than the light having the second spectral distribution (Fig. 2 (154) on the left side); and
a second optical filter is arranged in the second beam path and allows the light having the second spectral distribution to pass to the second light detector better than the light having the first spectral distribution (Fig. 2 (154) on the right side).
Note that both optical filters are arranged in both paths, and both filters perform both functions.
Regarding Claim 13:
Shur discloses the particle beam microscope of claim 12, further comprising a dichroic beam splitter defining the first and second optical filters. Para 47.
Regarding Claim 14:
Shur discloses the particle beam microscope of claim 1, wherein the scintillator body of the scintillator has a shape of an annulus, and/or the wavelength shifter has a shape of an annulus. As shown in Fig. 3.
Regarding Claim 15:
Shur discloses the particle beam microscope of claim 1, wherein the scintillator body of the scintillator has a shape of an annulus, and/or the wavelength shifter has a shape of an annulus segment. As shown in Fig. 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2015/0364296 A1 teaches a similar arrangement to that claimed.
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.
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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WYATT STOFFA
Primary Examiner
Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881
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