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 .
Claim Objections
Claim 15 is objected to because of the following informalities: claim 15 recites “…configured to shield the detector assembly from charged particle beam…” and should be amended to recite “…configured to shield the detector assembly from a charged particle beam…”. 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 4, 5, 6, 7, 8, 9, 10, 11, 12, 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.
Regarding claim 4, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 5, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 6, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 7 and 8 inherit the limitations of claim 6.
Regarding claim 9, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 10 recites “the major surface of the detector element” and “…at least part of the detector element”. Claim 1 recites that “at least one of the electrode elements is a detector element”. Claim 10 lacks antecedent basis in the case that more than one of the electrode elements is a detector element.
Claim 11 recites “the detector element”. Claim 1 recites that “at least one of the electrode elements is a detector element”. Claim 11 lacks antecedent basis in the case that more than one of the electrode elements is a detector element.
Claim 12 recites “the detector element”. Claim 1 recites that “at least one of the electrode elements is a detector element”. Claim 12 lacks antecedent basis in the case that more than one of the electrode elements is a detector element.
Claim 14 recites “the corresponding aperture”. There is insufficient antecedent basis for this limitation in the claim as claim 13 (upon which claim 14 depends) recites “at least one detector element being associated with a respective aperture” and does not specify that each detector element of a plurality of detector elements has a corresponding aperture.
Claim 15 recites “the aperture” in claim 13. There is insufficient antecedent basis for this limitation since claim 13 recites “… at least one detector element being associated with a respective aperture”. In the case that multiple detector elements are provided with respective apertures, then it is unclear which aperture is referenced by “the aperture” in claim 15.
Allowable Subject Matter
Claims 1-3 and 13 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 1; Aoki et al. U.S. PGPUB No. 2016/0203947 discloses a detector assembly 18 for a charged particle assessment apparatus (“a charged particle beam device” [0012]), the detector assembly 18 comprising: a plurality of electrode elements 100, 101, 102, 103, 104, each electrode element having a major surface configured to be exposed to signal particles 200, 201 emitted from a sample 9 (“detects, using a charged particle detector, a secondary charged particle released by irradiating a primary charged particle beam to a sample” [0002]), wherein between adjacent electrode elements is a recess that is recessed relative to the major surfaces of the electrode elements (“The reflected electron detector 18 has at least two separated reflected electron detection elements” [0027]), and wherein at least one of the electrode elements is a detector element configured to detect signal particles (“The reflected electron detector 18 has reflected electron detection elements 100, 101, 102, 103, 104” [0029]), wherein in the detector assembly 18 is defined an aperture for passage of a charged particle beam 3 to reach the sample 9 (“A concentric ring of the reflected electron detection elements 101 to 104 is disposed on the outer circumference side. A hole through which the electron beam 3 passes is formed at the center of the circular ring” [0029]). However, although Aoki illustrates, in figure 3, a blank space behind each detector element 100, 101, 102, 103, 104, it is understood that this figure is schematic and it is not clear whether some other supporting element is present behind any or all of the detector elements 100, 101, 102, 103, 104, or if a recess is actually formed extending laterally behind a respective detector element. While Aoki explicitly describes separation between each of the detection elements (as in paragraph [0027]), Aoki does not explicitly recite a recess that extends laterally behind the detector element.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, a detector assembly for a charged particle assessment apparatus, the detector assembly comprising: a recess that is recessed relative to major surfaces of a plurality of electrode elements; wherein the recess extends laterally behind a detector element of at least one of the electrode elements; and wherein each major surface is configured to be exposed to signal particles emitted from a sample.
Regarding claims 2, 3, and 13; these claims are allowable at least for their dependence, either directly or indirectly, upon independent claim 1.
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 JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/Examiner, Art Unit 2881
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