Prosecution Insights
Last updated: October 02, 2026
Application No. 18/668,112

ELECTRON BEAM METROLOGY HAVING A SOURCE ENERGY SPREAD WITH FILTERED TAILS

Non-Final OA §103
Filed
May 17, 2024
Examiner
SMITH, DAVID E
Art Unit
Tech Center
Assignee
KLA Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
921 granted / 1081 resolved
+25.2% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
29 currently pending
Career history
1100
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
53.7%
+13.7% vs TC avg
§102
18.6%
-21.4% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1081 resolved cases

Office Action

§103
CTNF 18/668,112 CTNF 87356 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-3, 13-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (US 20150340200 A1) in view of Dohi (US 20160217967 A1) . Regarding claim 1, Jiang teaches a system comprising: A source (tip, fig. 1) that generates a charged particle beam; A workpiece (target substrate, [0039]) in a path of the charged particle beam; A first Wien filter (WF1, fig. 1) disposed in the path of the charged particle beam between the source and the workpiece; A second Wien filter (WF2, fig. 1) disposed in the path of the charged particle beam between the first Wien filter and the workpiece; An assembly that defines a slit (between WF1 and WF2 in fig. 1), wherein the assembly is disposed in the path of the charged particle beam between the first Wien filter and the second Wien filter, wherein part of the charged particle beam is blocked by the assembly (slit is an energy filter, [0006]). Jiang does not teach a stage for holding the workpiece in the path of the charged particle beam. Dohi teaches a charged particle system having a stage (15) for holding a substrate (16). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Jiang to have a stage for holding the sample as taught by Dohi, in order to controllably move the sample to adjust the position of the beam on the sample as described by Dohi ([0038]). Regarding claim 2 , Jiang teaches that the charged particle beam is an electron beam (Abstract) and the source is an electron source ([0044]). Regarding claim 3 , Jiang teaches that the electron source is a thermal field electron source ([0044]). Regarding claim 13 , Jiang teaches a method comprising: Generating a charged particle beam with a source (emitter tip, [0044]); Directing the charged particle beam toward a workpiece (target substrate, [0039]); Directing the charged particle beam through a first Wien filter (WF1, fig. 1) disposed in the path of the charged particle beam downstream of the source; Directing the charged particle beam through an assembly that defines a slit (between WF1 and WF2, fig. 1), wherein the assembly is disposed in the path of the charged particle beam downstream of the first Wien filter, and wherein part of the charged particle beam is blocked by the assembly ([0006]); Directing the charged particle beam through a second Wien filter (WF2, fig. 4) disposed in the path of the charged particle beam downstream of the assembly; and Impacting the charged particle beam on the workpiece along the path of the charged particle beam downstream of the Wien filter (fig. 4). Dohi teaches a charged particle system having a stage (15) for holding a substrate (16). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Jiang to have a stage for holding the sample as taught by Dohi, in order to controllably move the sample to adjust the position of the beam on the sample as described by Dohi ([0038]). Regarding claim 14 , Jiang teaches that the charged particle beam is an electron beam (Abstract) and the source is an electron source ([0044]). Regarding claim 16 , Jiang teaches that the first Wien filter and the second Wien filter are coaxial (fig. 4) . 07-21-aia AIA Claim s 5-10 and 18-23 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang in view of Dohi and in further view of Chen (US 11,664,186 B1) . Regarding claim 5, Jiang and Dohi teaches all the limitations of claim 1 as described above. Jiang teaches a gun lens (GL, fig. 4) disposed in the path of the charged particle beam between the source and the first Wien filter and a condenser lens (CL, fig. 4) disposed in the path of the charged particle beam between the second Wien filter and the stage. Jiang does not teach a first condenser lens disposed in the path of the charged particle beam between the gun lens and the first Wien filter. Chen teaches a charged particle system having a gun lens (focusing electrode in source, col. 5 line 50), a first condenser lens (3) and a second condenser lens (4). It would have been obvious to one of ordinary skill on or before the effective filing date of the invention to modify the system of Jiang to have the focusing electrode or “gun lens” of Chen near the electron beam source (so that the “gun lens” of Jiang will act as a first condenser lens), in order focus the beam as it exits the electron source and ensure that electrodes travel downstream as described by Chen with no unexpected result. Regarding claim 6 , Chen teaches a beam limiting aperture assembly that defines a beam limiting aperture (acceleration anode 19; absorbs some of the beam as shown in fig. 14), wherein the beam limiting aperture assembly is disposed in the path of the charged particle beam between the gun lens and the first condenser lens; and A column assembly that defines an aperture (limiting plate 23), wherein the column assembly is disposed in the path of the charged particle beam between the beam limiting aperture assembly and the first condenser lens (fig. 14). It would have been obvious to one of ordinary skill on or before the effective filing date of the invention to modify the system of Jiang to have the apertures near the electron beam source of Chen in order to controllably limit the electron beam current as described by Chen with no unexpected result. Regarding claim 8, Jiang (as modified by Chen) teaches that the path of the charged particle beam is configured to be telecentric between the first and second condenser lens (beam is parallel after the first lens GL and before the second lens CL, fig. 1). Regarding claim 9 , Jiang (as modified by Dohi and Chen) teaches that the path of the charged particle beam is configured to have a crossover between the second condenser lens and the stage (Jiang, fig. 1). Regarding claim 10 , Jiang teaches a first deflector (pre-scan scanner, [0042]) disposed in the path of the charged particle beam between the second condenser lens and the stage; and A second deflector (main scanner, [0042]) disposed in the path of the charged particle beam between the first deflector and the stage. Regarding claim 18, Jiang and Dohi teaches all the limitations of claim 13 as described above. Jiang teaches directing the charged particle beam through a gun lens (GL, fig. 4) disposed in the path of the charged particle beam between the source and the first Wien filter and directing the charged particle beam through a condenser lens (CL, fig. 4) disposed in the path of the charged particle beam between the second Wien filter and the stage. Jiang does not teach directing the charged particle beam through a first condenser lens disposed in the path of the charged particle beam between the gun lens and the first Wien filter. Chen teaches a charged particle system having a gun lens (focusing electrode in source, col. 5 line 50), a first condenser lens (3) and a second condenser lens (4). It would have been obvious to one of ordinary skill on or before the effective filing date of the invention to modify the system of Jiang to have the focusing electrode or “gun lens” of Chen near the electron beam source (so that the “gun lens” of Jiang will act as a first condenser lens), in order focus the beam as it exits the electron source and ensure that electrodes travel downstream as described by Chen with no unexpected result. Regarding claim 19 , Chen teaches directing the charged particle beam through a beam limiting aperture assembly that defines a beam limiting aperture (19), wherein the beam limiting aperture assembly is disposed in the path of the charged particle beam between the gun lens and the first condenser lens; and Directing the charged particle beam through column assembly that defines an aperture (23), wherein the column assembly is disposed in the path of the charged particle beam between the beam limiting aperture assembly and the first condenser lens (fig. 4). It would have been obvious to one of ordinary skill on or before the effective filing date of the invention to modify the system of Jiang to have the apertures near the electron beam source of Chen in order to controllably limit the electron beam current as described by Chen with no unexpected result. Regarding claim 21, Jiang (as modified by Chen) teaches that the path of the charged particle beam is configured to be telecentric between the first and second condenser lens (beam is parallel after the first lens and before the second lens, fig. 4). Regarding claim 22 , Jiang (as modified by Dohi and Chen) teaches that the path of the charged particle beam is configured to have a crossover between the second condenser lens and the stage (Jiang, fig. 4). Regarding claim 23 , Jiang teaches deflecting the charged particle beam using a first deflector (pre-scan scanner, [0042]) disposed in the path of the charged particle beam between the second condenser lens and the stage; and Deflecting the charged particle beam using a second deflector (main scanner, [0042]) disposed in the path of the charged particle beam between the first deflector and the stage . 07-21-aia AIA Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang in view of Dohi and in further view of Mukai (US 20170330723 A1) . Regarding claim 12 , Jiang and Dohi teach all the limitations of claim 1 as described above. Jiang and Dohi do not teach that the slit has dimensions from 1-2 microns. Mukai teaches an energy filter for a charged particle beam having a slit of micron or submicron dimensions ([0074]). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to make the slit of Jiang 1 or 2 microns in size, as Mukai teaches that this is within the typical range of a monochromator slit in an electron beam system and one of ordinary skill in the art can easily choose a slit size based on a desired energy range for the beam with no unexpected result . 07-21-aia AIA Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang in view of Dohi and in further view of Xiao (US 20160351373 A1) . Regarding claim 15 , Jiang and Dohi teach all the limitations of claim 13 as described above. Jiang and Dohi do no teach that the charged particle beam has a beam current from 0.01 nA to 100 nA. Xiao teaches an electron beam system with a beam current from 50 pA to 50 nA ([0037]). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to operate the system of Jiang with the beam current level taught by Xiao, as this is a known effective range of beam currents for imaging a sample as described by Xiao . 07-21-aia AIA Claim s 1, 4, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Frosien (WO 2005024890 A1) in view of Dohi . Regarding claim 1 , Frosien teaches a system comprising: A source (emitter unit 6 of electron beam column 1, fig. 11) that generates a charged particle beam; A workpiece (specimen 8) in the path of the charged particle beam; A first Wien filter (110, fig. 1a) disposed in the path of the charged particle beam between the source and the specimen (in fig. 11); A second Wien filter (112) disposed in the path of the charged particle beam between the first Wien filter and the specimen; and An assembly that defines a slit (116), wherein the assembly is disposed in the path of the charged particle beam between the first Wien filter and the second Wien filter, wherein part of the charged particle beam is blocked by the assembly. Frosien does not teach a stage for holding the workpiece. Dohi teaches a charged particle system having a stage (15) for holding a substrate (16). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Jiang to have a stage for holding the sample as taught by Dohi, in order to controllably move the sample in a known manner. Regarding claim 4, Frosien teaches that the charged particle beam is focused in a plane of the slit by the first Wien filter, and is focused in an image plane by the second Wien filter (fig. 1a). Regarding claim 13 , Frosien teaches a method comprising: Generating a charged particle beam with a source (emitter unit 6 of electron beam column 1, fig. 11); Directing the charged particle beam towards a workpiece (specimen 8); Directing the charged particle beam through a first Wien filter (110, fig. 1a) disposed in the path of the charged particle beam downstream of the source (in fig. 11); Directing the charged particle beam through an assembly that defines a slit (116), wherein the assembly is disposed in the path of the charged particle beam downstream of the first Wien filter, wherein part of the charged particle beam is blocked by the assembly; Directing the charged particle beam through a second Wien filter (112) disposed in the path of the charged particle beam downstream of the assembly; and Impacting the charged particle beam on the workpiece along the path of the charged particle beam downstream of the second Wien filter. Frosien does not teach a stage for holding the workpiece. Dohi teaches a charged particle system having a stage (15) for holding a substrate (16). It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Jiang to have a stage for holding the sample as taught by Dohi, in order to controllably move the sample in a known manner. Regarding claim 17, Frosien teaches focusing the charged particle beam in the plane using the first Wien filter, and focusing the charged particle beam in an image plane using the second Wien filter (fig. 1a) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 7, 11, 17 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose or make obvious an electron beam system having a structure of a gun lens, first condenser lens, first Wien filter, slit, second Wien filter, and second condenser lens, wherein either a) the system has a beam limiting aperture and column aperture between the gun lens and first condenser lens with a crossover between them, or b) the system has a third Wien filter between the second condenser lens and a first deflector and a fourth Wien filter between the first deflector and a second deflector . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SMITH whose telephone number is (571)270-7096. The examiner can normally be reached M to F 8:30 AM-5:00 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 22293. 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. /DAVID E SMITH/ Examiner, Art Unit 2881 Application/Control Number: 18/668,112 Page 2 Art Unit: 2881 Application/Control Number: 18/668,112 Page 3 Art Unit: 2881 Application/Control Number: 18/668,112 Page 4 Art Unit: 2881 Application/Control Number: 18/668,112 Page 5 Art Unit: 2881 Application/Control Number: 18/668,112 Page 6 Art Unit: 2881 Application/Control Number: 18/668,112 Page 7 Art Unit: 2881 Application/Control Number: 18/668,112 Page 8 Art Unit: 2881 Application/Control Number: 18/668,112 Page 9 Art Unit: 2881 Application/Control Number: 18/668,112 Page 10 Art Unit: 2881 Application/Control Number: 18/668,112 Page 11 Art Unit: 2881 Application/Control Number: 18/668,112 Page 12 Art Unit: 2881
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Prosecution Timeline

May 17, 2024
Application Filed
May 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
92%
With Interview (+7.0%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1081 resolved cases by this examiner. Grant probability derived from career allowance rate.

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