Prosecution Insights
Last updated: July 17, 2026
Application No. 18/738,393

SYSTEMS AND METHODS OF SEM INSPECTION USING SELECTIVE SCAN APPROACH

Non-Final OA §102
Filed
Jun 10, 2024
Priority
Feb 07, 2024 — IN 202441008213
Examiner
NGUYEN, KIET TUAN
Art Unit
Tech Center
Assignee
KLA Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
604 granted / 680 resolved
+28.8% vs TC avg
Minimal -0% lift
Without
With
+-0.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
21 currently pending
Career history
694
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
38.1%
-1.9% vs TC avg
§102
30.5%
-9.5% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 680 resolved cases

Office Action

§102
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 . Objected Informalities The disclosure is objected to because of the following informalities: In The Claims Claim 9, line 11, “at first ROI group” should be -- a first ROI group --. Appropriate correction is required. Rejection under 35 U.S.C. 102(a)(1) 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. Claims 1, 3, 5-11 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yokosuka et al. (2018/0012725). Yokosuka et al. (2018/0012725) discloses, in figs. 1-8, a scanning electron microscope system and/or method, which includes: Regarding claims 1, 9, an electron source 501 configured to generate an electron beam 502 (see fig. 5); a stage configured to hold a workpiece 506 in a path of the electron beam 502 (see fig. 5); a beam deflector 504 disposed in the path of the electron beam 502 between the electron source 501 and the stage (see fig. 5); a detector 508 configured to receive electrons 507 formed when the electron beam 502 impacts the workpiece 506 on the stage (see fig. 5); and a processor 603 configured to: generate a workpiece image based on the electrons received by the detector as the electron beam is scanned across the workpiece (see abstract, figs. 2-4, 6, [0001], [0021] [0028], [0030], [0052], [0053], [0054], [0055]); determine a size and location of each region of interest (ROI) of the workpiece based on the workpiece image (see figs. 2, 4, [0032], [0035], [0036], [0039], [0040], [0059]); determine groups of ROIs having similar size based on the size of each ROI of the workpiece, wherein the groups of ROIs comprise a first ROI group and a second ROI group, each comprising a plurality of ROIs (see abstract, [0009], [0010], [0011], [0012], [0032], [0042], “reference data image is acquired and that contains a pattern equivalent to a pattern contained in the reference data image, and index values second index values) of plural regions (a second ROI group) contained in the image are calculated. The first ROI group and the second ROI group are set in the equivalent pattern with different visual fields” in [0044], [0046], [0059]); send instructions to the beam deflector to direct the electron beam onto the location of each ROI of the first ROI group (see fig. 5, [0027], [0030], [0031], [0032], [0035], [0036], [0038], [0039], [0042], [0044], [0045], [0059]); generate a first ROI image based on the electrons received by the detector as the electron beam is scanned across each ROI of the first ROI group (see [0033], [0035], [0038], [0041], [0042], [0044], [0045], [0047]); send instructions to the beam deflector to direct the electron beam onto the location of each ROI of the second ROI group (see fig. 5, [0027], [0030], [0031], [0032], [0035], [0036], [0038], [0039], [0042], [0044], [0045], [0059]); and generate a second ROI image based on the electrons received by the detector as the electron beam is scanned across each ROI of the second ROI group (see [0033], [0035], [0038], [0041], [0042], [0044], [0045], [0047]). Regarding claims 3, 10, 11, further comprising a memory 605 in electronic communication with the processor 614, wherein at least one design image (see design data 613) is stored on the memory 605, and the processor 614 is configured to determine the size and location of each ROI of the workpiece and determine the groups of ROIs based on the at least one design image (see figs. 1, 7, [0025], [0027], [0030], [0031], [0034]-[0036], [0038]-[0042], [0044], [0045], [0052], [0053], [0055], [0057]-[0061]). Regarding claims 5, 14, wherein the workpiece is divided into a plurality of workpiece sites, and the processor is configured to generate a plurality of workpiece images based on the electrons received by the detector as the electron beam is scanned across each of the plurality of workpiece sites (see abstract, [0009], [0011], [0012], [0023], [0028]-[0032], [0035], [0036], [0040]-[0042], [0044], [0059]). Regarding claims 6, 15, wherein the processor is configured to determine the size and location of each ROI of the workpiece and determine the groups of ROIs having similar size in parallel with generating the plurality of workpiece images corresponding to each of the plurality of workpiece sites (see [0009], [0025], [0027], [0035], [0036], [0038], [0039], [0041], [0042], [0044], [0047], [0048], [0052], [0059], [0061]). Regarding claims 7, 16, 18, wherein the processor is further configured to: perform a first image setup process for the first ROI group (see figs. 2, 4, [0042], [0044]); and perform a second image setup process for the second ROI group (see figs. 2, 4, [0042], [0044]). Regarding claims 8, 17, 19, wherein the first image setup process comprises transmitting a first scanning pattern to the beam deflector based on the size of each ROI of the first ROI group, and the second image setup process comprises transmitting a second scanning pattern to the beam deflector based on the size of each ROI of the second ROI group (see [0030], [0032], [0033], [0034], [0035], [0036], [0038], [0039], [0040], [0042], [0044], [0045], [0052], [0059]). Claims 1-3, 5-11 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yati (2020/0111206). Yati (2020/0111206) discloses, in figs. 1-10, a metrology system and/or method, which includes: Regarding claims 1, 9, an electron source 228 configured to generate an electron beam 229 (see fig. 6B); a stage 222 configured to hold a workpiece 220 in a path of the electron beam 229 (see fig. 6B); a beam deflector 230 disposed in the path of the electron beam 229 between the electron source 228 and the stage 222 (see fig. 6B); a detector 236 configured to receive electrons 231 formed when the electron beam 229 impacts the workpiece 220 on the stage 222 (see fig. 6B); and a processor 206 configured to: generate a workpiece image based on the electrons received by the detector as the electron beam is scanned across the workpiece (see figs. 1, 6B, [0059], [0061], [0065]); determine a size and location of each region of interest (ROI) of the workpiece based on the workpiece image (see figs. 1-4B, 7A-9C, [0004], [0005], [0030], [0031], [0034], [0035], [0036], [0039], [0070], [0079]) determine groups 102 of ROIs 104 having similar size based on the size of each ROI of the workpiece, wherein the groups 102 of ROIs 104 comprise a first ROI group and a second ROI group, each comprising a plurality of ROIs (see fig. 1-6B, 7B-10, [0004], [0005], [0030], [0034], [0035], [0038], [0039], [0079], [0081]); send instructions to the beam deflector 230 to direct the electron beam 229 onto the location of each ROI 104 of the first ROI group 102 (see fig. 1, 6B, [0030], POI 102 (group) containing patterns ROI 104 is defined/selected on a control image 100 to produce a plurality of ROI groups including first and second or more groups in [0035], [0036], [0060], [0062], [0065], [0067], [0084]); generate a first ROI image 104 based on the electrons received by the detector 236 as the electron beam 229 is scanned across each ROI 104 of the first ROI group 102 (see fig. 1, 6B, [0004], [0005], [0030], [0031], [0035], [0036], [0039], [0041], [0059], [0061], [0065], [0084], [0087], [0088]); send instructions to the beam deflector 230 to direct the electron beam 229 onto the location of each ROI 104 of the second ROI group 102 (see fig. 1, 6B, [0030], POI 102 (group) containing patterns ROI 104 is defined/selected on a control image 100 to produce a plurality of ROI groups including first and second or more groups in [0035], [0036], [0060], [0062], [0065], [0067], [0084]); and generate a second ROI image 104 based on the electrons received by the detector 236 as the electron beam 229 is scanned across each ROI 104 of the second ROI group 102 (see fig. 1, 6B, [0004], [0005], [0030], [0031], [0035], [0036], [0039], [0041], [0059], [0061], [0065], [0084], [0087], [0088]). Regarding claims 2, 10, 11, further comprising a memory 208 in electronic communication with the processor 206, wherein a deep learning segmentation algorithm is stored on the memory 208, and the processor 206 is configured to determine the size and location of each ROI 104 of the workpiece and determine the groups 102 of ROIs based on the deep learning segmentation algorithm (see abstract, figs. 1, 6B, 7A, [0001], [0007], [0008], [0009], [0019], [0030], [0032], [0036], [0039], [0046], [0068], [0069], [0072]-[0074], [0077]-[0085], [0087], [0088], [0097], [0099]). Regarding claims 3, 10, 11, further comprising a memory 208 in electronic communication with the processor 206, wherein at least one design image is stored on the memory 208, and the processor 206 is configured to determine the size and location of each ROI 104 of the workpiece and determine the groups 102 of ROIs based on the at least one design image (see figs. 1, 6B, [0004], [0030], [0035], [0039]). Regarding claims 5, 14, wherein the workpiece is divided into a plurality of workpiece sites, and the processor is configured to generate a plurality of workpiece images based on the electrons received by the detector as the electron beam is scanned across each of the plurality of workpiece sites (see fig. 1, 2, [0030], [0038], [0044], [0045], [0062], [0065]). Regarding claims 6, 15, wherein the processor 206 is configured to determine the size and location of each ROI 104 of the workpiece and determine the groups 102 of ROIs having similar size in parallel with generating the plurality of workpiece images corresponding to each of the plurality of workpiece sites (see figs. 1, 2, 6B, [0004], [0005], [0030], [0031], [0035], [0036], [0038], [0039], [0041], [0042], [0045], [0062], [0079], [0084]). Regarding claims 7, 16, 18, wherein the processor is further configured to: perform a first image setup process for the first ROI group 102 (see fig. 1, [0007], [0008], [0009], [0023], [0030], [0035], [0036], [0039], [0041], [0067], [0068], [0071], [0080]-[0084]); and perform a second image setup process for the second ROI group 102 (see fig. 1, [0007], [0008], [0009], [0023], [0030], [0035], [0036], [0039], [0041], [0067], [0068], [0071], [0080]-[0084]). Regarding claims 8, 17, 19, wherein the first image setup process comprises transmitting a first scanning pattern to the beam deflector based on the size of each ROI of the first ROI group, and the second image setup process comprises transmitting a second scanning pattern to the beam deflector based on the size of each ROI of the second ROI group (see fig. 1, 6B, [0004], [0005], [0030], [0031], [0035], [0036], [0038], [0039], [0041], [0042], [0044], [0045], [0062], [0065], [0067], [0070], [0079], [0081]). Claims 4 and 12-13 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. The Reasons for Allowable Subject Matter The prior art fails to disclose a system and/or method, which includes a beam deflector comprising an upper main field deflector, an upper sub field deflector, a lower main field deflector and a lower sub field deflector, and configured to direct an electron beam onto a location of each ROI by adjusting a voltage applied to the upper sub field deflector and the lower sub field deflector, while a current applied to the upper main field deflector and the lower main field deflector remains constant as recited in claims 4 and 12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 1) Kobayashi et al. (2022/0351935) discloses a charged particle beam microscope reconstructing a plurality of images corresponding to a plurality of regions of interest (ROIs). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TUAN NGUYEN whose telephone number is (571)272-2479. The examiner can normally be reached on Monday-Friday 8-6. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert H. Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /KIET T NGUYEN/Primary Examiner, Art Unit 2881
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Prosecution Timeline

Jun 10, 2024
Application Filed
Jun 08, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
89%
With Interview (-0.2%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 680 resolved cases by this examiner. Grant probability derived from career allowance rate.

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