Prosecution Insights
Last updated: July 17, 2026
Application No. 18/775,180

Charged Particle Beam System

Non-Final OA §103
Filed
Jul 17, 2024
Priority
Apr 28, 2021 — JP 2021-076608 +1 more
Examiner
MCCORMACK, JASON L
Art Unit
Tech Center
Assignee
Hitachi Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
877 granted / 1037 resolved
+24.6% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
49 currently pending
Career history
1071
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
76.0%
+36.0% vs TC avg
§102
4.2%
-35.8% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1037 resolved cases

Office Action

§103
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 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) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. U.S. PGPUB No. 2021/0319977 in view of McCord U.S. Patent No. 6,586,736. Regarding claim 1, Liu discloses a charged particle beam system (“Systems and methods of imaging a sample using a charged-particle beam apparatus are disclosed” [Abstract]), comprising: a charged particle beam device 700; and a computer system 50 configured to control the charged particle beam device (“Controller 50 may be a computer configured to execute various controls of charged particle beam inspection system 100” [0038]), wherein the charged particle beam device includes an objective lens 707, a sample stage on which a sample 715 is mounted (“controller 50 may control motorized stage 234 to move sample 250 during inspection” [0048]), and a backscattered electron detector 713 (“signal electron detector 713 (analogous to signal electron detector 613 of FIG. 6)” [0091] – “utilizing all three signal electron detectors 606, 612, and 613 to improve BSE detection efficiency” [0085] – “The plurality of signal electrons comprises secondary electrons, backscattered electrons, or auger electrons” [0004]) that is disposed between the objective lens 707 and the sample stage (as illustrated in figures 2 and 7A), and a charge control electrode 714 that is disposed between the backscattered electron detector 713 and the sample stage (as illustrated in figures 2 and 7A), the charge control electrode 714 has an opening through which a charged particle beam 700B1 to irradiate the sample 715 and a second electron 700B2 from the sample 715 pass (“a field control plate (FCP) 10 having a central hole for passing the primary beam and the secondary particles therethrough” [0153]). However, although Liu illustrates in figure 7A that charging control electrode 714 has a thickness t and an inner diameter of the opening r, there is no explicit disclosure that the thickness t and the inner diameter r satisfy a relation of 0.01 ≤ t/r ≤ 1. McCord discloses a charged particle beam system (“A method and apparatus for generating an image of a sample with a electron beam apparatus is disclosed” [Abstract]), comprising: a charged particle beam device 200; and a computer system 110 configured to control the charged particle beam device (“The SEM system 200 may also include a computer system for processing the image frame data to generate an image of the sample” [col. 8; lines 44-48]), wherein the charged particle beam device includes an objective lens 216, and a backscattered electron detector 226 (“The SEM system 200 also includes a detector 226 arranged to detect charged particles 205 (secondary electrons and/or backscattered electrons) emitted from the sample 224” [col. 4; lines 22-26]), and a charge control electrode 220 (“The SEM system 200 also includes one or more electrodes 220 configured to control charge on the sample” [col. 4; lines 30-33]) that is disposed between the backscattered electron detector 226 and the sample 224, the charge control electrode 220 has an opening through which a charged particle beam to irradiate the sample and a second electron from the sample pass, and, when a thickness of the charging control electrode is set as t and an inner diameter of the opening is set as r (“The particular dimensions of the electrodes 220 and the holes 302a and 302b and the distances between each electrode and the sample are selected to control charge on the sample while an image is being acquired” [col. 4; lines 60-64]), the thickness t and the inner diameter r satisfy a relation of 0.01 ≤ t/r ≤ 1 (“In one specific embodiment, both electrodes 220 are two millimeters thick… The second electrode (also referred to as a "wehnelt electrode") has a two millimeter bore and has a distance 310 of one millimeter from the sample 224” [col. 5; lines 4-10] – in this case, t=2mm, r=2mm, and therefore the relation 0.01 ≤ t/r ≤ 1 is satisfied). 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 Liu with the charge control electrode dimensions of McCord in order to control the charging of a sample so as to manipulate the movement of charged particles from the sample to a detector so as to form an image having the highest resolution possible. Regarding claim 4, Liu discloses that the computer system controls (“Controller 50 may be a computer configured to execute various controls of charged particle beam inspection system 100” [0038]) the voltage applied to the charge control electrode to adjust an electric field on the sample (“the applied voltage signal to control electrode 714 may cause the detection of signal electrons to be distributed across three signal electron detectors 706, 712, and 713” [0092]). Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki et al. U.S. PGPUB No. 2017/0271124 in view of McCord U.S. Patent No. 6,586,736. Regarding claim 1, Sasaki discloses a charged particle beam system (“A scanning electron microscope” [Abstract]), comprising: a charged particle beam device (“A scanning electron microscope” [Abstract]); wherein the charged particle beam device includes an objective lens 8, a sample stage 14 and/or 15 on which a sample 11 is mounted, and a backscattered electron detector 20 that is disposed between the objective lens 8 and the sample stage 14 and/or 15 (“A low-angle back-scattered electron detector (LA-BSED) 20 is secured to a lower portion of the objective lens 8” [0066] – as illustrated in figure 1), and a charge control electrode 10 that is disposed between the backscattered electron detector 20 and the sample stage 14 and/or 15 (as illustrated in figure 1), the charge control electrode 10 has an opening through which a charged particle beam 101 to irradiate the sample 11 and a second electron 102 from the sample 11 pass (“a field control plate (FCP) 10 having a central hole for passing the primary beam and the secondary particles therethrough” [0153]). However, although Sasaki illustrates in figure 1 that charging control electrode 10 has a thickness t and an inner diameter of the opening r, there is no explicit disclosure that the thickness t and the inner diameter r satisfy a relation of 0.01 ≤ t/r ≤ 1. Additionally, although Sasaki discloses various power sources for controlling the charged particle beam device, Sasaki does not explicitly disclose and a computer system configured to control the charged particle beam device. McCord discloses a charged particle beam system (“A method and apparatus for generating an image of a sample with a electron beam apparatus is disclosed” [Abstract]), comprising: a charged particle beam device 200; and a computer system 110 configured to control the charged particle beam device (“The SEM system 200 may also include a computer system for processing the image frame data to generate an image of the sample” [col. 8; lines 44-48]), wherein the charged particle beam device includes an objective lens 216, and a backscattered electron detector 226 (“The SEM system 200 also includes a detector 226 arranged to detect charged particles 205 (secondary electrons and/or backscattered electrons) emitted from the sample 224” [col. 4; lines 22-26]), and a charge control electrode 220 (“The SEM system 200 also includes one or more electrodes 220 configured to control charge on the sample” [col. 4; lines 30-33]) that is disposed between the backscattered electron detector 226 and the sample 224, the charge control electrode 220 has an opening through which a charged particle beam to irradiate the sample and a second electron from the sample pass, and, when a thickness of the charging control electrode is set as t and an inner diameter of the opening is set as r (“The particular dimensions of the electrodes 220 and the holes 302a and 302b and the distances between each electrode and the sample are selected to control charge on the sample while an image is being acquired” [col. 4; lines 60-64]), the thickness t and the inner diameter r satisfy a relation of 0.01 ≤ t/r ≤ 1 (“In one specific embodiment, both electrodes 220 are two millimeters thick… The second electrode (also referred to as a "wehnelt electrode") has a two millimeter bore and has a distance 310 of one millimeter from the sample 224” [col. 5; lines 4-10] – in this case, t=2mm, r=2mm, and therefore the relation 0.01 ≤ t/r ≤ 1 is satisfied). 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 Sasaki with the charge control electrode dimensions of McCord in order to control the charging of a sample so as to manipulate the movement of charged particles from the sample to a detector so as to form an image having the highest resolution possible. 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 Sasaki with the computer controller of McCord in order to provide repeatable control over measurement(s) of a sample specimen in a charged particle beam device thereby generating higher quality images of the sample specimen. Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. U.S. PGPUB No. 2021/0319977 in view of McCord U.S. Patent No. 6,586,736 in further view of Ohashi et al. U.S. PGPUB No. 2021/0043420. Regarding claim 2, Liu discloses that the computer system controls (“Controller 50 may be a computer configured to execute various controls of charged particle beam inspection system 100” [0038]) a voltage applied to the charge control electrode (“the applied voltage signal to control electrode 714 may cause the detection of signal electrons to be distributed across three signal electron detectors 706, 712, and 713” [0092]). However, Liu does not disclose that a voltage is applied to the backscattered electron detector to adjust a focus of the charged particle beam. Ohashi discloses a backscattered electron detector located between an objective lens and a sample stage (“a backscattered electron detector disposed between the objective lens and the stage and configured to detect backscattered electrons emitted by interactions between the primary electrons and the sample” [0008]), wherein a computer controls (“Further, the device-control computer 150 responsible for controlling the entire device controls” [0030]) a voltage applied to the backscattered electron detector to adjust a focus of the charged particle beam (“changing the voltage applied to the backscattered electron detector 125 to change the focus position” [0072]). 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 Liu with the detector voltage control of Ohashi in order to improve focusing control over backscattered electrons for improving the quality of images formed by imaging the backscattered electrons. Regarding claim 3, Liu discloses that the computer system controls (“Controller 50 may be a computer configured to execute various controls of charged particle beam inspection system 100” [0038]) a voltage applied to the charge control electrode (“the applied voltage signal to control electrode 714 may cause the detection of signal electrons to be distributed across three signal electron detectors 706, 712, and 713” [0092]). However, Liu does not disclose that a voltage is applied to the backscattered electron detector to adjust a focus of the charged particle beam. Ohashi discloses a backscattered electron detector located between an objective lens and a sample stage (“a backscattered electron detector disposed between the objective lens and the stage and configured to detect backscattered electrons emitted by interactions between the primary electrons and the sample” [0008]), wherein a computer controls (“Further, the device-control computer 150 responsible for controlling the entire device controls” [0030]) a voltage applied to the backscattered electron detector to adjust a focus of the charged particle beam (“changing the voltage applied to the backscattered electron detector 125 to change the focus position” [0072]). 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 Liu with the detector voltage control of Ohashi in order to improve focusing control over backscattered electrons for improving the quality of images formed by imaging the backscattered electrons. 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. 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 571-272-2293. 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. /JASON L MCCORMACK/ Examiner, Art Unit 2881
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Prosecution Timeline

Jul 17, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
93%
With Interview (+8.0%)
2y 1m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1037 resolved cases by this examiner. Grant probability derived from career allowance rate.

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