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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I, claim(s) 1-3, 7, 10-17, 19- 21, and 23, in the reply filed on 07/20/2026 is acknowledged.
2. Claim(s) 1-3, 7, 10-17, 19- 21, and 23 will be examined. Claim(s) 24, 26 and 29-30 are withdrawn. Claim(s) 4-6, 8-9, 18, 22, 25, and 27-28 are cancelled.
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) 1-3, 7, 11-17, 19-21, and 23 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over MININNI (US 20080087077 A1) in view of MURAYAMA (US 20090140142 A1).
Regarding claim 1, MININNI discloses a method of measuring a sample with a probe (abstract) (figs. 1 and 8), the probe comprising
a cantilever mount (fig. 1, 16, 24),
a cantilever (15) extending from the cantilever mount to a free end, and
a probe tip (17) carried by the free end of the cantilever,
the method comprising:
taking a series of sidewall (152) measurements (fig. 8; R1-R4) of a sidewall (152) of the sample (150) with the probe (fig. 8) [0073-0074]; and
analysing the series of sidewall measurements to determine a characteristic of the sidewall [0073-0074],
wherein:
the sidewall measurements are taken during a sidewall measurement cycle (fig. 8; R1-R4) [0073-0074],
the sidewall measurement cycle comprises a pair of sidewall measurement drive phases (R1-R2, R3-R4) [0073-0074],
the pair of sidewall measurement drive phases (of R1-R2, R3-R4) comprises a first drive phase (R1, R2) in which the probe is driven down (R1, R2) next to the sidewall followed by a second drive phase (R3, R4) in which the probe is driven up (R3, R4) next to the sidewall,
during one of the sidewall measurement drive phases the probe tip interacts with the sidewall (152) [0074], and the series of sidewall measurements are taken by measuring
But MININNI fails to explicitly disclose measuring an angle of the cantilever as the probe tip interacts with the sidewall.
MURAYAMA, however, discloses an SPM having a probe (fig. 1, 20, 21) with a cantilever (21) for measuring a sample (12) that has a laser (28) with a position photo detector (27) for measuring an angle [0058] of the cantilever (21) as the probe tip (20) interacts with the sample/ sample sidewalls (fig. 3; 72, 73) (27 detects laser 28 deflection due to 21’s movement (includes angular, torsion and flexure) from interaction with the sample, including sidewalls 72, 73) [0058]
(fig. 1, 21, 20, 26, 27, 24, 12, 29)
[0030]
[0058]
[0066]
[0068]
[0075]
[0110]
(reference’s claims 7 and 13)
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 MININNI, with measuring an angle of the cantilever as the probe tip interacts with the sample/sample sidewall, as taught by MURAYAMA, to use for measuring sample surfaces/right angled sidewalls via parallel direction scanning of a sidewall by the probe [0008].
Regarding claim 20, MININNI discloses an apparatus for measuring a sample with a probe (abstract) (figs. 1 and 8), the apparatus comprising:
a cantilever mount (fig. 1, 16, 24),
a probe comprising
a cantilever (15) extending from the cantilever mount to a free end, and
a probe tip (17) carried by the free end of the cantilever,
a driver (20, 18, 24, 16) configured to drive the probe; and
a measurement system (26) configured to measure
wherein the apparatus is configured to:
take a series of sidewall (152) measurements (fig. 8; R1-R4) of a sidewall (152) of the sample (150) with the probe (fig. 8) [0073-0074]; and
analyse the series of sidewall measurements to determine a characteristic of the sidewall [0073-0074],
wherein:
the sidewall measurements are taken during a sidewall measurement cycle (fig. 8; R1-R4) [0073-0074],
the sidewall measurement cycle comprises a pair of sidewall measurement drive phases (R1-R2, R3-R4) [0073-0074],
the pair of sidewall measurement drive phases (of R1-R2, R3-R4) comprise a first drive phase (R1, R2) in which the probe is driven down (R1, R2) next to the sidewall followed by a second drive phase (R3, R4) in which the probe is driven up (R3, R4) next to the sidewall,
during one of the sidewall measurement drive phases the probe tip interacts with the sidewall (152) [0074], and the series of sidewall measurements are taken by measuring (via 26)
But MININNI fails to explicitly disclose measuring an angle of the cantilever as the probe tip interacts with the sidewall.
MURAYAMA, however, discloses an SPM having a probe (fig. 1, 20, 21) with a cantilever (21) for measuring a sample (12) that has a laser (28) with a position photo detector (27) for measuring an angle [0058] of the cantilever (21) as the probe tip (20) interacts with the sample/ sample sidewalls (fig. 3; 72, 73) (27 detects laser 28 deflection due to 21’s movement (includes angular, torsion and flexure) from interaction with the sample, including sidewalls 72, 73) [0058]
(fig. 1, 21, 20, 26, 27, 24, 12, 29)
[0030]
[0058]
[0066]
[0068]
[0075]
[0110]
(reference’s claims 7 and 13)
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 MININNI, with measuring an angle of the cantilever as the probe tip interacts with the sample/sample sidewall, as taught by MURAYAMA, to use for measuring sample surfaces/right angled sidewalls via parallel direction scanning of a sidewall by the probe [0008].
Regarding claim 2, MININNI discloses the series of sidewall measurements are taken by measuring
But MININNI fails to explicitly disclose measuring an angle of the cantilever as the probe tip interacts with the sidewall.
MURAYAMA, however, discloses an SPM having a probe (fig. 1, 20, 21) with a cantilever (21) for measuring a sample (12) that has a laser (28) with a position photo detector (27) for measuring an angle [0058] of the cantilever (21) as the probe tip (20) interacts with the sample/ sample sidewalls (fig. 3; 72, 73) (27 detects laser 28 deflection due to 21’s movement (includes angular, torsion and flexure) from interaction with the sample, including sidewalls 72, 73) [0058]
(fig. 1, 21, 20, 26, 27, 24, 12, 29)
[0030]
[0058]
[0066]
[0068]
[0075]
[0110]
(reference’s claims 7 and 13)
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 MININNI, with measuring an angle of the cantilever as the probe tip interacts with the sample/sample sidewall, as taught by MURAYAMA, to use for measuring sample surfaces/right angled sidewalls via parallel direction scanning of a sidewall by the probe [0008].
Regarding claim 3, MININNI discloses that the probe does not interact with the sidewall (152) [0074] during the first drive phase (probe is moved away from 150 during R1, R2).
Moreover, regarding claim(s) 7, MURAYAMA discloses wherein the probe (FIG. 14, 20) tip interacting with the sidewall (of 12 ,12a, 12b) comprises a sliding interaction [0107 Note sliding is reduced, implies sliding still occurs]; and is obvious for the reasons discussed supra with reference to claim(s) 1, see previous.
Moreover, regarding claim(s) 11 and 21, MURAYAMA discloses wherein the series of sidewall (fig. 3, 72, 73) measurements comprises at least one of flexural measurements [0058] of the cantilever, and torsional measurements of the cantilever [0058] [0030] [0066] [0068] [0075] [0110] (reference’s claims 7 and 13); and is obvious for the reasons discussed supra with reference to claim(s) 1 or 20, see previous.
Moreover, regarding claim(s) 12, MURAYAMA discloses taking a series of height measurements (via 27) (fig. 3, 71) by measuring a height (at each 71 and/or at each sidewall 72/73 measurement) of the cantilever (21 via 27) as the probe tip (20) interacts with the sidewall (72, 73) during the one of the sidewall measurement drive phases (as shown in fig. 3) (27 measures 21 is three dimensions) ; and is obvious for the reasons discussed supra with reference to claim(s) 1, see previous.
Regarding claim 13, MININNI discloses applying a dither signal [0062 Note relative scanning motion] [0068] to the probe during the first drive phase (R1, R2) to cause a dither [0068] oscillation of the probe, and monitoring the dither [0068] oscillation to detect contact of the probe with the sample [0068].
Regarding claim 14, MININNI discloses that the dither signal is not applied [0068] to the probe during the second drive phase (R3, R4)
[0068 Note Alternatively, the system may dither the tip laterally and monitor the amplitude modulation that results as the tip is brought into and out of contact with the sample sidewall; Note alternatively the system may dither implies that the system may not dither as well].
Moreover, regarding claim(s) 15, MURAYAMA discloses performing two or more sidewall measurement cycles (fig. 3, arrows for different parts of 72, and/or 73), and using the two or more sidewall measurement cycles (fig. 3, arrows for 72, 73 sections) to determine the characteristic of the sidewall [0084]; and is obvious for the reasons discussed supra with reference to claim(s) 1, see previous.
Regarding claim 16, MININNI discloses that the sample (fig. 4) comprises an upper surface (60) which meets the sidewall (64) at a convex corner, and a lower surface (at 61) which meets the sidewall at a concave corner.
Regarding claim 17, MININNI discloses taking a series of upper surface measurements of the upper surface (60) with the probe,
wherein each upper surface (60) measurement is taken during an upper surface measurement cycle,
the upper surface (60) measurement cycle comprising an approach drive phase [0008] in which the probe is driven down to the upper surface followed by a retract drive phase [0008] [0011] [0063 Note probe oscillation] [0071] [0073] in which the probe is driven up and away from the upper surface (60) ; and
taking a series of lower surface (61) measurements of the lower surface with the probe, wherein each lower surface measurement is taken during a lower surface measurement cycle [0008] [0011] [0063 Note probe oscillation] [0071] [0073],
the lower surface (61) measurement cycle comprising an approach drive phase in which the probe is driven down to the lower surface followed by a retract drive phase in which the probe is driven up and away from the lower surface (61)[0008] [0011] [0063 Note probe oscillation] [0071] [0073].
Regarding claim 19, MININNI discloses that analysing the series of sidewall measurements to determine the characteristic of the sidewall (152) [0074] comprises: inputting the series of sidewall measurements into a model [0005 Note map of the sample], wherein the model determines the characteristic [0005 Note map of the sample], of the sidewall on the basis of the series of sidewall measurements [0073-0074].
Moreover, regarding claim(s) 19, MURAYAMA discloses analysing the series of sidewall measurements to determine the characteristic of the sidewall (72, 73) comprises: inputting the series of sidewall measurements into a model [0078 Note measurement data stored in memory], wherein the model determines the characteristic of the sidewall on the basis of the series of sidewall measurements (fig. 3) [0078 Note measurement data stored in memory]; and is obvious for the reasons discussed supra with reference to claim(s) 1, see previous.
Regarding claim 23, MININNI discloses a model [0005 Note map of the sample], configured to determine the characteristic of the sidewall on the basis of the series of sidewall measurements [0073-0074] [0005 Note map of the sample].
Moreover, regarding claim(s) 23, MURAYAMA discloses a model [0078 Note measurement data stored in memory], configured to determine the characteristic of the sidewall (152) [0074] on the basis of the series of sidewall measurements [0078 Note measurement data stored in memory] [0073-0074]; and is obvious for the reasons discussed supra with reference to claim(s) 1, see previous.
2. Claim(s) 10 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over MININNI (US 20080087077 A1) in view of MURAYAMA (US 20090140142 A1); hereinafter “the combined references”, as applied to claim 1 above, and further in light of WATANABE et al. (US 20080257024 A1).
Regarding claim(s) 10, the combined references disclose analysing the series of sidewall measurements to determine a characteristic of the sidewall (152) [0074] comprises calculating a
But the combined references fail to explicitly disclose wherein analysing the measurements to determine a characteristic of the sample/sidewall comprises calculating a work done.
WATANABE, however, discloses analysing the measurements to determine a characteristic of the sample/sidewall comprises calculating a work done [0094 Note measurement of torque that represents work (tip of the probe 103 is moved for distance dx by external force)] (Note work = force X distance)
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 calculating a work done/torque on the probe, as taught by WATANABE, to use for characterizing the sample [0094].
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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