3Notice 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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I, claim(s) 1-16, 28-37, 39-44, in the reply filed on 06/01/2026 is acknowledged.
2. Claim(s) 1-16, 28-37, 39-44 will be examined. Claim(s) 17-27 are withdrawn.
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.
Claim(s) 7 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 7 recites the limitation " the second signal ". There is insufficient antecedent basis for this limitation in the claim.
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.
2. Claim(s) 1-14 and 28-44 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over JAMES et al. (US 7714287 B1) in view of HENDRICH et al. (US 20170336335 A1).
Regarding claim 1, JAMES discloses an apparatus for inspection, repair or editing of a mask or wafer (figs. 4a-4b) , comprising:
- a beam forming unit (401), configured for generating during use a
- a primary beam focusing unit (407) for focusing during use the
- a detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6) (col. 7, lines 15-55) with at least a first confined detector segment (“segmented PMT” 426) for detecting backscattered electrons (BSE 412) ;
- a beam dividing unit (404) for guiding during use the
- a control unit (428) (col. 7, lines 15-55) connected to the detection unit (426) and configured to perform an inspection task (428 operates 426 for inspection tasks) of a segment of the surface of the sample;
wherein the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6, segments/channels 602, 604-1, to 604-4) is configured to selectively detect at least a first selected segment of the angular spectrum of the backscattered electron beam with the at least first confined detector segment (from segments/channels 602, 604-1, to 604-4) to generate at least a first detection signal I1 (via signals per segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20).
But JAMES fails to disclose a corrected primary charged particle beam.
HENDRICH, however, discloses
- a beam forming unit (FIG. 3; 401), configured for generating during use a corrected [0109] primary charged particle beam (fig. 3, via 400);
- a primary beam focusing unit (401, 405, 406, 407, and/or 421) for focusing during use the corrected primary charged particle beam onto a surface of a sample (425) at a low landing energy LE [0025] ;
- a detection unit (428 in 500) with at least a first confined detector segment for detecting backscattered electrons [0120];
- a beam dividing unit (410) for guiding during use the corrected primary charged particle beam from the beam forming unit (401) to the primary beam focusing unit (421) and for guiding the backscattered electron beam from primary beam focusing unit (421) to the detection unit (428, 500); and
- a control unit (figs. 3-4; 600, 601) [0127-0128] [0015] [0018] connected to the detection unit (500, 428) and configured to perform an inspection task of a segment of the surface of the sample.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of JAMES, with a corrected particle beam for irradiating a sample, as taught by HENDRICH, to use for improved beam focusing and resolution by correcting the beam for chromatic and/or spherical aberrations [0109].
Regarding claim 28, JAMES discloses a low energy electron microscope for investigating a surface of a sample (410) with a
-a beam forming unit (401), configured for generating during use the
- a primary beam focusing unit (407) for focusing during use the
- a detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6) (col. 7, lines 15-55) with at least a first confined detector segment (fig. 6, segments/channels 602, 604-1, to 604-4) for detecting at least a first segment of the angular spectrum of the backscattered electron beam and for generating at least a first detection signal I1 (via signals per segments/channels 602, 604-1, to 604-4);
-a beam dividing unit (404) for guiding during use the charged particle beam, from the primary beam focusing unit (407)
- a control unit (428) (col. 7, lines 15-55) connected to the detection unit;
wherein the detection unit further comprises an adjustment element (fig. 4b, 416-420) (deflector 416), and wherein the control unit is configured to control the adjustment element to select in a first imaging mode (col. 1, lines 43-55) (col. 5, lines 5-65) (col. 8, lines 10-20) (col. 9, lines 5-15) the first selected segment (via signals per segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) of the angular spectrum of the backscattered electron beam.
But JAMES fails to disclose a corrected primary charged particle beam and
-a beam dividing unit for guiding the backscattered electron beam including an axial segment of the angular spectrum of the backscattered electron beam, propagates parallel and in opposite direction which to the corrected primary charged particle beam, from the primary beam focusing unit to the detection unit.
HENDRICH, however, discloses
- a beam forming unit (FIG. 3; 401), configured for generating during use a corrected [0109] primary charged particle beam (fig. 3, via 400);
- a primary beam focusing unit (401, 405, 406, 407, and/or 421) for focusing during use the corrected primary charged particle beam onto a surface of a sample (425) at a low landing energy LE [0025];
- a detection unit (428 in 500) with at least a first confined detector segment for detecting backscattered electrons [0120];
- a beam dividing unit (410) for guiding during use the corrected primary charged particle beam from the beam forming unit (401) to the primary beam focusing unit (421) and for guiding the backscattered electron beam from primary beam focusing unit (421) to the detection unit (428, 500); and
-a beam dividing unit (410) for guiding during use the corrected primary charged particle beam from the beam forming unit (401, along OA1, OA2, OA3) to the primary beam focusing unit (421) and for guiding the backscattered electron beam (along path 427, in reverse of OA3, OA2) [0120] including an axial segment of the angular spectrum of the backscattered electron beam, which propagates parallel and in opposite direction(-OA3, -OA2) (427 from 421 to 410 and from 410 to 500/428) to the corrected primary charged particle beam (along OA1, OA2, OA3 and from OA3, OA2 to 421/425), from the primary beam focusing unit (421) to the detection unit (500, 428); and
- a control unit (figs. 3-4; 600, 601) [0127-0128] [0015] [0018] connected to the detection unit (500, 428) and configured to perform an inspection task of a segment of the surface of the sample.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of JAMES, with a corrected particle beam for irradiating a sample and the above claimed beam dividing unit configuration, as taught by HENDRICH, to use for improved beam focusing and resolution by correcting the beam for chromatic and/or spherical aberrations [0109] and to use as a substitution of one known beam dividing unit configuration for another to obtain predictable primary and BSE beam routing results.
Regarding claim 39, JAMES discloses a low energy electron microscope for investigating a surface of a sample (410) with a
-a beam forming unit (401), configured for generating during use the
- a primary beam focusing unit (407) for focusing during use the
- a detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6) (col. 7, lines 15-55) with a first confined detector segment (fig. 6, segments/channels 602, 604-1, to 604-4) for detecting a first segment of the angular spectrum of the backscattered electron beam and for generating a first detection signal I1 , and
-a beam dividing unit (404) for guiding during use the
wherein the detection unit (fig. 6, segments/channels 602, 604-1, to 604-4) further comprises at least a second confined detector segment (other segments/channels 602, 604-1, to 604-4) for detecting at least a second segment of the angular spectrum of the backscattered electron beam and for generating at least a second detection signal I2 (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) (col. 3, lines 25-65) , different from the first signal I1.
But JAMES fails to disclose a corrected primary charged particle beam and
-a beam dividing unit for guiding the backscattered electron beam including an axial segment of the angular spectrum of the backscattered electron beam, propagates parallel and in opposite direction which to the corrected primary charged particle beam, from the primary beam focusing unit to the detection unit.
HENDRICH, however, discloses
- a beam forming unit (FIG. 3; 401), configured for generating during use a corrected [0109] primary charged particle beam (fig. 3, via 400);
- a primary beam focusing unit (401, 405, 406, 407, and/or 421) for focusing during use the corrected primary charged particle beam onto a surface of a sample (425) at a low landing energy LE [0025];
- a detection unit (428 in 500) with at least a first confined detector segment for detecting backscattered electrons [0120];
- a beam dividing unit (410) for guiding during use the corrected primary charged particle beam from the beam forming unit (401) to the primary beam focusing unit (421) and for guiding the backscattered electron beam from primary beam focusing unit (421) to the detection unit (428, 500); and
-a beam dividing unit (410) for guiding during use the corrected primary charged particle beam from the beam forming unit (401, along OA1, OA2, OA3) to the primary beam focusing unit (421) and for guiding the backscattered electron beam (along path 427, in reverse of OA3, OA2) [0120] including an axial segment of the angular spectrum of the backscattered electron beam, which propagates parallel and in opposite direction(-OA3, -OA2) (427 from 421 to 410 and from 410 to 500/428) to the corrected primary charged particle beam (along OA1, OA2, OA3 and from OA3, OA2 to 421/425), from the primary beam focusing unit (421) to the detection unit (500, 428); and
- a control unit (figs. 3-4; 600, 601) [0127-0128] [0015] [0018] connected to the detection unit (500, 428) and configured to perform an inspection task of a segment of the surface of the sample.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of JAMES, with a corrected particle beam for irradiating a sample and the above claimed beam dividing unit configuration, as taught by HENDRICH, to use for improved beam focusing and resolution by correcting the beam for chromatic and/or spherical aberrations [0109] and to use as a substitution of one known beam dividing unit configuration for another to obtain predictable primary and BSE beam routing results.
Regarding claim 2, JAMES discloses wherein the primary beam focusing unit (407) , the beam dividing unit (404) and the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (col. 7, lines 15-55) are configured to collect and image during use the backscattered electron beam (412) including an axial segment of the angular spectrum of the backscattered electron beam (412), which propagates parallel and in opposite direction (412 from 410 to 404 at least).to the
But JAMES fails to disclose a corrected primary charged particle beam.
HENDRICH, however, discloses
- a beam forming unit (FIG. 3; 401), configured for generating during use a corrected [0109] primary charged particle beam (fig. 3, via 400);
- a primary beam focusing unit (401, 405, 406, 407, and/or 421) for focusing during use the corrected primary charged particle beam onto a surface of a sample (425); and is obvious for the reasons discussed supra with reference to claim 1, see previous.
Regarding claim 3, JAMES discloses that the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6, segments/channels 602, 604-1, to 604-4) (col. 7, lines 15-55) is further configured to selectively detect a second selected segment (via signals per individual/isolated segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) of the angular spectrum of the backscattered electron beam (412) to generate at least a second detection signal I2 (via signals per segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20), and wherein the second selected segment of the angular spectrum is different from the first selected segment of the angular spectrum of the backscattered electron beam (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20),
Regarding claim 4, JAMES discloses that the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6) (col. 7, lines 15-55) comprises at least an adjustment element (fig. 4b, 416-420) (fig. 4b, 416) , wherein the control unit (428) (col. 7, lines 15-55) is configured to control the adjustment element to selectively detect the at least first and/or second signals I1 and/or I2 (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) .
Regarding claim 5, JAMES discloses that the adjustment element (fig. 4b, 416-420) comprises at least one of a deflection unit (fig. 4b, 416) configured for deflecting (col. 8, lines 10-20) the backscattered electron beam (412) , a focusing lens filter (416, 418, 420) configured for focusing the backscattered electron beam, an adjustable energy filter (416, 418, 420)
Regarding claim 6, JAMES discloses that the control unit (428) (col. 7, lines 15-55) is configured to select a single, off axis segment (via signals per segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) of the angular spectrum and to perform the inspection task (428 operates 426 for inspection tasks) with the single off axis segment of the angular spectrum (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20),
Regarding claim 7, JAMES discloses that the control unit (428) (col. 7, lines 15-55) is configured to sequentially adjust the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6, segments/channels 602, 604-1, to 604-4) (col. 7, lines 15-55) in a first imaging mode (col. 1, lines 43-55) (col. 5, lines 5-65) (col. 8, lines 10-20) (col. 9, lines 5-15) to collect the first signal I1 (via signals per other segments/channels 602, 604-1, to 604-4) and to adjust the detection unit in a second imaging mode (col. 1, lines 43-55) (col. 5, lines 5-65) (col. 8, lines 10-20) (col. 9, lines 5-15) to collect “the second signal” I2 (via signals per other segments/channels 602, 604-1, to 604-4) in a subsequent second image scan across the surface of the sample (410)
Regarding claim 8, JAMES discloses that the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6, segments/channels 602, 604-1, to 604-4) (col. 7, lines 15-55) comprises a second confined detector segment (of 426) (fig. 6, segments/channels 602, 604-1, to 604-4) to generate during use the second detection signal I2 (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) (col. 3, lines 25-65) corresponding to a second selected segment of the angular spectrum of the backscattered electron beam (412) in a single image scan across the surface of the sample (410) .
Regarding claim 9, JAMES discloses that the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6, segments/channels 602, 604-1, to 604-4) (col. 7, lines 15-55) further comprises at least an adjustment element (fig. 4b, 416-420) (fig. 4b, 416) , wherein the control unit (428) (col. 7, lines 15-55) is configured to control the adjustment element to selectively detect the at least first and second selected segment (via signals per other segments/channels 602, 604-1, to 604-4) of the angular spectrum of the backscattered electron beam (412) .
Regarding claims 10, JAMES discloses the control unit (428) (col. 7, lines 15-55) selects (via 416) the at least first and/or second selected segment (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) of the angular spectrum of the backscattered electron beam (412) based on predetermined information about a structure on the surface of the sample (410) .
Regarding claims 10, JAMES discloses all the limitations as expressly recited in claim 10. The recitation " the control unit selects … based on predetermined information about a structure on the surface of the sample " is not of patentable merit as it is directed to an intended use or a manner of operation. A claim containing a recitation with respect to a manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114.
Moreover, regarding claim(s) 11, HENDRICH discloses the beam forming unit (401) and the primary beam focusing unit (421) are configured to focus the corrected primary electron beam on the surface of the sample (425) with low kinetic energy of the primary electrons below 400eV [0025].; and is obvious for the reasons discussed supra with reference to claim(s) 1, 28 and/or 39, see previous.
Regarding claims 12, 35 and 42, JAMES discloses that the primary beam focusing unit (407) is configured to collect backscattered electrons at large angles (col. 1, lines 45-65) (col. 3, lines 23-55)
In regards to claim(s) 12, 35 and 42, JAMES differ(s) from the claimed invention by not showing the stated ranges disclosed (i.e., large angles exceeding 0.7rad from the normal of the surface of the sample).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) for the stated ranges disclosed, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claims 13, JAMES discloses the at least first selected (416) segment of the angular spectrum of the backscattered electron beam (412) is selected to generate a first detection signal I1 (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) with a reduced sensitivity to the topography of the segment of the surface (col. 3, lines 23-50) ,
Regarding claims 13, JAMES discloses all the limitations as expressly recited in claim 10. The recitation " first selected segment of the angular spectrum of the backscattered electron beam is selected to generate a first detection signal I1 with a reduced sensitivity to the topography of the segment of the surface" is not of patentable merit as it is directed to an intended use or a manner of operation. A claim containing a recitation with respect to a manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114.
Regarding claims 14, JAMES discloses wherein the second selected (416) segment of the angular spectrum of the backscattered electron beam (412) is selected to generate a second detection signal I2 (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) with an increased sensitivity to the topography of the segment of the surface (col. 3, lines 23-50) .
Regarding claims 14, JAMES discloses all the limitations as expressly recited in claim 10. The recitation " the second selected segment of the angular spectrum of the backscattered electron beam is selected to generate a second detection signal I2 with an increased sensitivity to the topography of the segment of the surface" is not of patentable merit as it is directed to an intended use or a manner of operation. A claim containing a recitation with respect to a manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114.
Regarding claim 29, JAMES discloses that the adjustment element (fig. 4b, 416-420) (fig. 4b, 416) comprises at least one of a deflection unit (416) configured for deflecting (col. 8, lines 10-20) the backscattered electron beam (412) , a focusing lens (416, 418, 420) configured for focusing the backscattered electron beam, an adjustable energy filter (416, 418, 420)
Regarding claim 30, JAMES discloses that the control unit (428) (col. 7, lines 15-55) is configured to control the adjustment element (fig. 4b, 416-420) to select an off-axis segment (fig. 6, to segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) of the angular spectrum corresponding to backscattered electrons scattered at large angles (col. 1, lines 45-65) (col. 3, lines 23-55) from the surface of the sample (410) (col. 8, lines 45-65)
Regarding claim 31, JAMES discloses that the control unit (428) (col. 7, lines 15-55) is further configured to control the adjustment element (fig. 4b, 416-420) to select in a second imaging mode (col. 1, lines 43-55) (col. 5, lines 5-65) (col. 8, lines 10-20) (col. 9, lines 5-15) a second selected segment (fig. 6, to segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) of the angular spectrum of the backscattered electron beam (412) , different from the first selected segment (fig. 6, to segments/channels 602, 604-1, to 604-4) (col. 1, lines 43-55) (col. 5, lines 5-65) (col. 8, lines 10-20) (col. 9, lines 5-15) .
Regarding claim 32, JAMES discloses that the control unit (428) (col. 7, lines 15-55) is further configured to sequentially perform a first image scan of a segment of the surface of the sample (410) in the first imaging mode (col. 1, lines 43-55) (col. 5, lines 5-65) (col. 8, lines 10-20) (col. 9, lines 5-15) . and perform a second image scan at the same segment of the surface in the second imaging mode (col. 1, lines 43-55) (col. 5, lines 5-65) (col. 8, lines 10-20) (col. 9, lines 5-15) .
Regarding claim 33, JAMES discloses that the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (fig. 6) (col. 7, lines 15-55) comprises a second confined detector segment (fig. 6, segments/channels 602, 604-1, to 604-4) to generate during use a second detection signal I2 (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) (col. 3, lines 25-65) corresponding to a second selected segment of the angular spectrum of the backscattered electron beam (412) .
Moreover, regarding claim(s) 34 and 41, HENDRICH discloses that the beam forming unit (401) and the primary beam focusing unit (421) are configured to focus the corrected primary electron beam on the surface of the sample (425) and to decelerate [0007] [0025] the primary electron beam before reaching the sample surface to kinetic energies below 400eV [0025].; and is obvious for the reasons discussed supra with reference to claim(s) 1, 28 and/or 39, see previous.
Regarding claim 36, JAMES discloses that the control unit (428) (col. 7, lines 15-55) is further configured to determine the at least first and second imaging modes (col. 1, lines 43-55) (col. 5, lines 5-65) (col. 8, lines 10-20) (col. 9, lines 5-15) . suitable for a detection and an extraction of topography effects (col. 3, lines 23-50) , and for separation of topography effects from a material contrast (col. 3, lines 23-50) of the segment of the surface of the mask or wafer.
Regarding claim 37, JAMES discloses that wherein the control unit (428) (col. 7, lines 15-55) is further configured to determine at least one of
regarding claim 43, JAMES discloses that wherein the control unit (428) (col. 7, lines 15-55) is further configured to determine form the at least first and second detection signal I1 and I2 (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) (col. 3, lines 25-65) at least one of
Regarding claims 37 and 43, JAMES discloses the limitations as expressly recited in the claims.
The only difference is that the exact dimension(s) “KSR International Co. v. Teleflex Inc., 550 U.S.--, 82 USPQ2d 1385 (2007).
Notwithstanding, one of ordinary skill in the art would have been led to the recited dimensions through routine experimentation and optimization. Applicant has not disclosed that the dimensions are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using another dimension. Indeed, it has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See also MPEP 2144.04(IV)(B).
Moreover, regarding claim(s) 38 and 44, HENDRICH discloses an electrostatic mirror corrector (414); and is obvious for the reasons discussed supra with reference to claim(s) 1, 28 and/or 39, see previous.
Regarding claim 40, JAMES discloses that the detection unit (fig. 4b, 422, 424, “segmented PMT” 426) (col. 7, lines 15-55) comprises a third confined detector segment (fig. 6, segments/channels 602, 604-1, to 604-4) to generate during use a third detection signal I3 corresponding to a third selected segment of the angular spectrum of the backscattered electron beam (412) .
2. Claim(s) 15-16 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over JAMES et al. (US 7714287 B1) in view of HENDRICH et al. (US 20170336335 A1); hereinafter “the combined references”, as applied to claim 1 above, and further in light of NAGAI al. (US 20150140480 A1).
Regarding claim(s) 15, JAMES discloses
But the combined references fail to disclose a plurality of gas nozzles for providing a plurality of process gases to a surface of a sample; and wherein the control unit is configured to perform during use at least one of an electron beam assisted deposition or electron beam assisted etching operation
NAGAI, however, discloses an electron beam column for sample processing (abstract) that has
a a surface of a sample (13a, 10); and wherein the control unit (not illustrated) is configured to perform during use at least one of an electron beam
Regarding claim 15, NAGAI differ(s) from the claimed invention by not showing plural gas nozzles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) for plural gas nozzles, since it has been held that mere duplication of parts has no patentable significance, unless a new and unexpected result is produced, and involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine/modify the invention of the combined references, with electron beam gas assisted etching via a gas nozzle, as taught by NAGAI, to use as a known gas nozzle and electron beam configuration for processing a sample to etch the surface features [0214] [0227].
Regarding claim(s) 16, JAMES discloses wherein the control unit (428) (col. 7, lines 15-55) is further configured to initiate process based on the at least a first detection signal I1 and/or second detection signal I2 (via signals per other segments/channels 602, 604-1, to 604-4) (col. 8, lines 10-20) (col. 3, lines 25-65).
But the combined references fail to disclose initiate or terminate an electron beam assisted repair or editing process
NAGAI, however, discloses an electron beam column for sample processing (abstract) to initiate or terminate an electron beam assisted repair or editing process [0214] [0227].
(fig. 25b, 15, 13a, 10); and wherein the control unit (not illustrated) is configured to perform during use at least one of an electron beam (16) [0214] assisted etching operation [0214] [0227].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine/modify the invention of the combined references that images a sample for defects, with an electron beam assisted repair or editing process, as taught by NAGAI, to use as a known gas nozzle and electron beam configuration for processing a sample to etch the surface features for desired features [0214] [0227].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew Smyth whose telephone number is 571-270-1746. The examiner can normally be reached between 9:00AM - 6:00PM; Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached on (571) 272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SMYTH/Primary Examiner, Art Unit 2878
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