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 24 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only (claim 24 depends upon claim 23 and then also depends upon claim 1). See MPEP § 608.01(n). Accordingly, the claim 24 has not been further treated on the merits.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 23 and 25 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 limitation “means for providing a particle beam” (in claim 23 and recited again in claim 25) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. At page 26, line 28, the specification of the immediate application defines that “The means for providing the particle beam can comprise, e.g a particle beam source”. Since the recitation of a particle beam source is merely exemplary (“e.g”), the exact structure corresponding to the claimed “means for providing a particle beam” cannot be ascertained. This portion of the specification then contemplates several other structural elements which “may” be the means for providing a particle beam, but similarly fails to specify the structure of the claimed “means for providing a particle beam”. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claim(s) 1, 2, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 22, and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Simmons et al. U.S. Patent No. 9,165,742.
Regarding claim 1, Simmons discloses a method for processing a sample (“the inspection process” [col. 4; line 52]) with a particle beam (“inspection with the SEM” [col. 4; lines 46-47] – “semiconductor wafer imaging with a scanning electron microscope (SEM)” [col. 1; lines 36-37]), comprising: providing the particle beam in a field of view of the particle beam to process the sample, and providing the particle beam in the field of view to set an electrostatic charge state of the sample (“charging a first area of a sample as a first mode with a flood beam of charged particles by a first device, wherein the first device includes an electron source; imaging a second area of the sample within the first area as a second mode with a primary beam of electrons by a second device” [col. 3; lines 14-19] – “the flood gun 200 provides a flood beam such that an area of the sample being swathed is flooded before it is inspected with the primary beam” [col. 6; lines 16-18] – “the flood gun 200 includes an electron source 210 for generating flood electrons 212… In another example, the primary beam of electrons may be used as the electron source 210 after defocusing the beam 106” [col. 6; lines 27-37]).
Regarding claim 2, Simmons discloses that setting the electrostatic charge state results in a minimization of unwanted charge effects of the sample when processing the sample (“A flood gun is used to neutralize initial charges which are carried over upon transfer of the sample to the imaging system by flooding the sample area with energetic electrons. Such flooding also equalizes charges that build up on the sample during imaging from the inspection beam” [col. 1; lines 31-35]).
Regarding claim 3, Simmons discloses that setting the electrostatic charge state results in the generation of a defined net charge of the sample (“A flood gun is used to neutralize initial charges which are carried over upon transfer of the sample to the imaging system by flooding the sample area with energetic electrons. Such flooding also equalizes charges that build up on the sample during imaging from the inspection beam” [col. 1; lines 31-35]).
Regarding claim 5, Simmons discloses that the particle beam is provided in a predetermined active region in the field of view for the purpose of processing (the processing (inspection) is performed in a predetermined active region (second area) of the field of view (first area): “charging a first area of a sample as a first mode with a flood beam of charged particles by a first device, wherein the first device includes an electron source; imaging a second area of the sample within the first area as a second mode with a primary beam of electrons by a second device” [col. 3; lines 14-19]).
Regarding claim 6, Simmons discloses that the particle beam is provided in a predetermined active region in the field of view for the purpose of processing (the setting the electrostatic charge state of the sample (flooding) is performed in a predetermined active region (second area) of the field of view (first area) (and in the first area outside of the second area): “charging a first area of a sample as a first mode with a flood beam of charged particles by a first device, wherein the first device includes an electron source; imaging a second area of the sample within the first area as a second mode with a primary beam of electrons by a second device” [col. 3; lines 14-19]).
Regarding claim 7, Simmons discloses that the particle beam is provided at the same location in the field of view for the purpose of processing and for the purpose of setting the electrostatic charge state (“charging a first area of a sample as a first mode with a flood beam of charged particles by a first device, wherein the first device includes an electron source; imaging a second area of the sample within the first area as a second mode with a primary beam of electrons by a second device” [col. 3; lines 14-19] – since the second area, in which processing is performed, is within the first area, in which setting the electrostatic charge state occurs).
Regarding claim 8, Simmons discloses that the particle beam is provided at different locations in the field of view for the purpose of processing (the second area) and for the purpose of setting the electrostatic charge state (the first area) (“charging a first area of a sample as a first mode with a flood beam of charged particles by a first device, wherein the first device includes an electron source; imaging a second area of the sample within the first area as a second mode with a primary beam of electrons by a second device” [col. 3; lines 14-19]).
Regarding claim 10, Simmons discloses that at least one particle beam parameter differs between the provision of the particle beam in the field of view for the purpose of processing and the provision of the particle beam in the field of view for the purpose of setting the electrostatic charge state (“The flood gun is very similar to the electron gun used in the electron beam imaging system. The main difference is that instead of emitting a focused beam concentrated on a small area (e.g., a few square microns or less), the flood gun sprays a wide beam of electrons, over a much larger area, e.g., about 1 square centimeter. The electrons from the flood gun approach perpendicular to the sample surface, flooding the sample area” [col. 1; lines 40-46]).
Regarding claim 11, Simmons discloses that the at least one different particle beam parameter comprises at least one of the following parameters: a landing energy of the particles in the particle beam incident on the sample, a wavelength of the particles in the particle beam incident on the sample, a flux density of the particles in the particle beam incident on the sample, an irradiation time of the particles in the particle beam incident on the sample (“Flooding and swathing typically commonly done sequentially” [col. 1; lines 56-57] – “The duration of the flood time is determined by the desired surface charge density deposited and how fast the flood beam may be switched on and off” [col. 7; lines 23-26]), a particle beam current of the particles in the particle beam incident on the sample, or an acceleration of the particles in the particle beam incident on the sample.
Regarding claim 12, Simmons discloses that the sample is not displaced between the provision of the particle beam in the field of view for the purpose of processing and the provision of the particle beam in the field of view for the purpose of setting the electrostatic charge state (“charging a first area of a sample as a first mode with a flood beam of charged particles by a first device, wherein the first device includes an electron source; imaging a second area of the sample within the first area as a second mode with a primary beam of electrons by a second device” [col. 3; lines 14-19] – “Aspects of the present disclosure include implementations in which flooding and swathing occur simultaneously” [col. 6; lines 8-10]).
Regarding claim 13, Simmons discloses that the particle beam source of the particle beam is not displaced between the provision of the particle beam in the field of view for the purpose of processing and the provision of the particle beam in the field of view for the purpose of setting the electrostatic charge state (“charging a first area of a sample as a first mode with a flood beam of charged particles by a first device, wherein the first device includes an electron source; imaging a second area of the sample within the first area as a second mode with a primary beam of electrons by a second device” [col. 3; lines 14-19] – “Aspects of the present disclosure include implementations in which flooding and swathing occur simultaneously” [col. 6; lines 8-10]).
Regarding claim 14, Simmons discloses that the particle beam is provided in the field of view for the purpose of setting the electrostatic charge state before the particle beam is provided in the field of view for the purpose of processing (“an electron source device to direct flood electrons on a sample immediately before image acquisition or inspection” [Abstract]).
Regarding claim 15, Simmons discloses determining an electrostatic charge state of the sample (“The amount of charge deposited may be determined by the surface potential developed during flooding. Therefore any suitable mechanism for obtaining a surface charge value of a portion of the sample may be utilized. By way of example and not by way of limitation, an electrostatic voltmeter or Kelvin probe may be used” [col. 7; lines 26-31]).
Regarding claim 17, Simmons discloses that in order to verify the electrostatic charge state set by the particle beam provided, the electrostatic charge state is determined after the particle beam has been provided in the field of view for the purpose of setting the electrostatic charge state (“The amount of charge deposited may be determined by the surface potential developed during flooding. Therefore any suitable mechanism for obtaining a surface charge value of a portion of the sample may be utilized. By way of example and not by way of limitation, an electrostatic voltmeter or Kelvin probe may be used” [col. 7; lines 26-31]).
Regarding claim 18, Simmons discloses that there is an initial provision of the particle beam in the field of view for the purpose of processing and this is followed by the provision of the particle beam in the field of view for the purpose of setting the electrostatic charge state, with this being followed by a renewed provision of the particle beam in the field of view for the purpose of processing (“Once image acquisition in the flood area is done, the stage moves to next location of interest. The apparatus then switches to the flood mode and the process may start over again” [col. 7; lines 57-61]).
Regarding claim 19, Simmons discloses that the sample comprises a lithography object (“In some implementations, the first device is a flood gun. In some implementations, the second device is a scanning electron microscope (SEM)… or e-beam lithography system” [col. 2; lines 63-68]).
Regarding claim 20, Simmons discloses that the particle beam comprises at least one of the following: an electron beam (“an electron beam imaging/inspection apparatus” [Abstract]), an ion beam, or a photon beam.
Regarding claim 22, Simmons discloses a computer program comprising instructions for executing a method of claim 1 (“The primary electron gun 104, condensing lenses 108, scanning coils 110, objective lens 112, stage 115, detector 116, and flood gun 200 may be operably coupled to a controller 120, which may include power supplies configured to provide voltages and or currents to these elements in response to hardware or software instructions. The controller 120 may include a special purpose computer or a general purpose computer configured to operate as a special purpose computer upon execution of code instructions 122, which may be stored in a computer memory or other non-transitory computer readable medium” [col. 5; lines 50-60]).
Regarding claim 23, Simmons discloses a device for processing a sample (“the inspection process” [col. 4; line 52]) with a particle beam (“inspection with the SEM” [col. 4; lines 46-47] – “semiconductor wafer imaging with a scanning electron microscope (SEM)” [col. 1; lines 36-37]), comprising: means for providing a particle beam in a field of view of the particle beam; wherein the means is configured to provide the particle beam for processing the sample in the field of view, and wherein the means is configured to provide the particle beam for the purpose of setting an electrostatic charge state of the sample in the field of view (“charging a first area of a sample as a first mode with a flood beam of charged particles by a first device, wherein the first device includes an electron source; imaging a second area of the sample within the first area as a second mode with a primary beam of electrons by a second device” [col. 3; lines 14-19] – “the flood gun 200 provides a flood beam such that an area of the sample being swathed is flooded before it is inspected with the primary beam” [col. 6; lines 16-18] – “the flood gun 200 includes an electron source 210 for generating flood electrons 212… In another example, the primary beam of electrons may be used as the electron source 210 after defocusing the beam 106” [col. 6; lines 27-37]).
Simmons discloses a controller 120 as a means for implementing the processes described therein (“The primary electron gun 104, condensing lenses 108, scanning coils 110, objective lens 112, stage 115, detector 116, and flood gun 200 may be operably coupled to a controller 120, which may include power supplies configured to provide voltages and or currents to these elements in response to hardware or software instructions. The controller 120 may include a special purpose computer or a general purpose computer configured to operate as a special purpose computer upon execution of code instructions 122, which may be stored in a computer memory or other non-transitory computer readable medium” [col. 5; lines 50-60]).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons et al. U.S. Patent No. 9,165,742 in view of Furiki et al. U.S. PGPUB No. 2004/0129879.
Regarding claim 4, Simmons discloses the claimed invention except that while Simmons discloses processing by inspecting a sample (“inspection with the SEM” [col. 4; lines 46-47] – “semiconductor wafer imaging with a scanning electron microscope (SEM)” [col. 1; lines 36-37]), there is no explicit disclosure of providing a gas for removing and/or depositing a material in the field of view, at least in part on the basis of the particle beam provided in the field of view for the purpose of processing.
Furiki discloses a scanning electron microscope (“scanning electron microscope (SEM)” [0005]) inspection apparatus (“a charged particle beam irradiation mechanism of the inspection apparatus” [Abstract]) which includes a particle beam for setting an electrostatic charge state of a sample (“charging up by means of irradiation of a charged particle beam” [Abstract]), including providing a gas for removing and/or depositing a material in the field of view, at least in part on the basis of the particle beam provided in the field of view for the purpose of processing (“gas is introduced onto the area irradiated with the charged particle beam to thereby significantly increase the amount of deposit on the sample surface and to thereby widen the area that is irradiated with the charged particle beam” [0047]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have included the deposition gas of Furiki in the apparatus of Simmons in order to provide markings which assist in defect inspection processing of a sample by locating the positions of defects, thereby reducing the processing time required for inspecting a sample.
Claim(s) 9, 21, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons et al. U.S. Patent No. 9,165,742.
Regarding claim 9, Simmons discloses that a location in the field of view at which the particle beam is provided for the purpose of processing and a location in the field of view at which the particle beam is provided for the purpose of setting the electrostatic charge state are spaced apart (“Aspects of the present disclosure include implementations in which flooding and swathing occur simultaneously, but on different areas of the sample” [col. 6; lines 8-10]). However, Simmons does not explicitly disclose that a location in the field of view at which the particle beam is provided for the purpose of processing and a location in the field of view at which the particle beam is provided for the purpose of setting the electrostatic charge state are spaced apart by at most 10 µm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to space the two fields of view apart by at most 10 µm 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. One would have been motivated to space the two fields of view apart by at most 10 µm for the purpose of ensuring a desired level of charging by selecting a spacing between the inspection region and the charging region so as to impart a desired amount of charging on the inspection region based upon the amount of separation between the two regions. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Regarding claim 21, Simmons discloses that the field of view has an extent on the sample which does not go beyond a rectangle with dimensions of “a few square microns or less” [col. 1; line 43], however, Simmons does not disclose that the field of view has an extent on the sample which does not go beyond a rectangle with dimensions of at most 10µm X 10µm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to set the field of view to 10µm X 10µm 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. One would have been motivated to set the field of view to 10µm X 10µm for the purpose of ensuring that a field of view of inspecting a sample is set to a size based upon a feature which is desired to be imaged, without spending extra time imaging other portions of the sample which are not portions of interest. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Regarding claim 25, Simmons discloses that the field of view has an extent on the sample which does not go beyond a rectangle with dimensions of “a few square microns or less” [col. 1; line 43], however, Simmons does not disclose that the field of view has an extent on the sample which does not go beyond a rectangle with dimensions of at most 10µm X 10µm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to set the field of view to 10µm X 10µm 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. One would have been motivated to set the field of view to 10µm X 10µm for the purpose of ensuring that a field of view of inspecting a sample is set to a size based upon a feature which is desired to be imaged, without spending extra time imaging other portions of the sample which are not portions of interest. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons et al. U.S. Patent No. 9,165,742 in view of Masnaghetti et al. U.S. PGPUB No. 2016/0372304.
Regarding claim 16, Simmons discloses the claimed invention except that while Simmons discloses that “The amount of charge deposited may be determined by the surface potential developed during flooding. Therefore any suitable mechanism for obtaining a surface charge value of a portion of the sample may be utilized. By way of example and not by way of limitation, an electrostatic voltmeter or Kelvin probe may be used” [col. 7; lines 26-31], there is no explicit disclosure that the electrostatic charge state is determined before the provision of the particle beam in the field of view for the purpose of setting the electrostatic charge state, with the provision of the particle beam in the field of view for the purpose of setting the electrostatic charge state being based at least in part on the determined electrostatic charge state.
Masnaghetti discloses a method for processing a sample with a particle beam, wherein: an electrostatic charge state is determined before a provision of a particle beam in a field of view for the purpose of setting the electrostatic charge state, with the provision of the particle beam in the field of view for the purpose of setting the electrostatic charge state being based at least in part on the determined electrostatic charge state (“the controller 121 may determine whether the surface of the sample 110 has charged to a predetermined value or threshold. In turn, in the case where the surface of the sample 110 shows charging above the predetermined value, the controller 121 may direct the electron source 102 or the dedicated flood gun 455 to apply a pre-dose to the surface of the sample 110” [0103]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Simmons with the charge state determination of Masnaghetti in order to reduce the overall time required for a charging of a sample by ensuring that a desired charge is applied without having to verify and correct an applied charge.
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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