DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant's election with traverse of Group I in the reply filed on 28 Aug 2026 is acknowledged. The traversal is on the ground(s) that no serious search burden has been established on examining all of the claims in a single application. This is not found persuasive because Groups I-III require a search in different classifications. Specifically, Group I requires search in H01J37/20 focused on charged particle beam apparatus with magnification switching control. Group II requires search in G06T11/00 focused on height guide graphic overlay and image display. Group III requires search in G01B11/00 focused on protrusion computation through reference height alignment. Searching an additional classification for a separate invention is a serious search burden.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1-3, 9 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.
5. Regarding claims 1, 9:
Claims 1 and 9 recite “a representative height of the specimen unit.” It is unclear what 'representative height' the applicant refers to specifically, rendering the metes and bounds of the claim indefinite. Pg. 6 lines 1-9 of the instant specification teaches that the representative height of the specimen unit refers to a height level of a peak of the specimen, while also suggesting that the height of the specimen holder may be used as the representative height. It remains unclear whether the representative height refers specifically to the peak of the specimen, the height of the specimen holder, or another metric entirely. The use of language such as "may be" fails to establish clear boundaries for the claim. To resolve this ambiguity, the applicant should select a definitive definition and clarify the precise boundaries of the term.
6. Regarding claim 2:
Claim 2 recites the limitation “the representative height is calculated based on a current height of the specimen holder and the protrusion amount”, which is vague and indefinite because the claim does not provide a discernable boundary on what performs the function. The recited function does not follow from the structure recited in the claim i.e. a storage unit, so it is unclear whether the function requires some other structure or is simply a result of operating the storage unit in a certain manner. Thus, one of ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim. See MPEP 2173.05(g) for more information.
7. Regarding claim 3:
Claim 3 recites “in response to the representative height having reached the magnification changing height when the current display magnification is greater than the first display magnification, maintain the current display magnification.” However, claim 1 requires a controller “configured to increase a display magnification of the camera image in response to a representative height of the specimen unit having reached a magnification changing height.” Claim 3 requires the controller to not increase the magnification under the condition claim 1 requires the magnification to increase. It is unclear whether claim 1 is to be read as requiring the increase unconditionally (rendering claim 3 inoperative) or as reciting only one of several possible responses.
Claim Rejections - 35 USC § 103
8. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
9. 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.
10. Claims 1, 3, 9 are rejected under 35 U.S.C 103 as being unpatentable over Komatsuzaki (US 20210296085) in view of Futami (US 20200073109).
11. Regarding claim 1:
Komatsuzaki teaches a charged particle beam apparatus ([0029] fig. 1 teaches the charged particle beam device) comprising:
a movable stage that is disposed within a specimen chamber ([0029] fig. 1 teaches a sample chamber 102, a movable stage 106 for moving the sample table 105. As shown in fig. 1 the movable stage 106 is in the sample chamber 102) and is configured to support a specimen unit including a specimen and a specimen holder holding the specimen ([0029] teaches a sample table 105 for placing a sample 104); a camera configured to take a camera image of an interior of the specimen chamber in an observation direction intersecting an optical axis direction ([0029] teaches a camera 107 for capturing an image of the inside of the sample chamber 102. [0068] teaches an image of the sample chamber 102 is captured by the optical camera 107 from a direction substantially horizontal to the surface of the movable stage 106), the camera image including a specimen unit image and an objective lens image ([0032] teaches that the camera 107 can capture an image of a state of an inside of the sample chamber 102, specifically, the electron optics system 101, the detector 103, the sample 104, and the sample table 105. [0030] teaches the electron optics system 101 includes a condenser lens, a deflector, an objective lens) a controller ([0029] teaches a control unit 112).
Komatsuzaki does not specifically teach a controller configured to increase a display magnification of the camera image in response to a representative height of the specimen unit having reached a magnification changing height during an ascending process for lifting the movable stage to allow the specimen unit to approach an objective lens.
Futami teaches a controller configured to increase a display magnification of the camera image in response to a representative height of the specimen unit having reached a magnification changing height (under broadest reasonable interpretation, any apparatus that increases display magnification at any point during ascent would read on the limitation of having reached a magnification changing height. [0228] teaches that the display control unit 64 is configured to change a display magnification of the side-view image according to the distance between the objective lens 25 and the observation target 100. Specifically, as the distance between the objective lens 25 and the observation target 100 gets smaller, the display magnification of the side-view image is set larger, that is, the side-view image is magnified and displayed) during an ascending process for lifting the movable stage to allow the observation target to approach an objective lens ([0118] teaches that the placement table 31 can be moved by the placement unit Z-direction driving unit 83 and an objective lens Z-axis direction driving unit 80 in a direction towards an objective lens 25 (upward direction) and a direction away from the objective lens 25 (downward direction). [0228] teaches that as the distance between the objective lens 25 and the observation target 100 gets smaller, the display magnification of the side-view image is set larger, that is, the side-view image is magnified and displayed. By using the stage to move upward, the system reduces the distance between the lens and the target, which the control unit then magnifies and displays the side-view image during the upward movement of the stage carrying the target. In combination of the control unit and placement table teaches that the display magnification is increased during the ascending process).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Komatsuzaki in view of Futami to include a controller configured to increase a display magnification of the camera image in response to a representative height of the specimen unit having reached a magnification changing height during an ascending process for lifting the movable stage to allow the specimen unit to approach an objective lens. One of ordinary skill in the art would be motivated to make such modification so that the lower end portion of the objective lens and the observation target is magnified and displayed on the display unit, and the distance between the lower end portion of the objective lens and the observation target can be easily grasped (Futami [0228]) to avoid collision (Futami [0227]).
12. Regarding claim 3:
The modified invention above teaches the charged particle beam apparatus according to claim 1.
Komatsuzaki does not specifically teach that wherein the controller is configured to: in response to the representative height having reached the magnification changing height when a current display magnification of the camera image is smaller than a first display magnification, change the display magnification of the camera image to a second display magnification that is equal to or greater than the first display magnification; and
Futami teaches that wherein the controller is configured to: in response to the representative height having reached the magnification changing height when a current display magnification of the camera image is smaller than a first display magnification, change the display magnification of the camera image to a second display magnification that is equal to or greater than the first display magnification ([0228] teaches that the display control unit 64 is configured to change a display magnification of the side-view image according to the distance between the objective lens 25 and the observation target 100. Specifically, as the distance between the objective lens 25 and the observation target 100 gets smaller, the display magnification of the side-view image is set larger, that is, the side-view image is magnified and displayed. Here the enlarged magnification is considered as the second display magnification. Since the first display magnification based on the claim language can be considered as equal to the second display magnification. Before the adjustment, the magnification is smaller than the first display magnification).
Futami does not specify in response to the representative height having reached the magnification changing height when the current display magnification is greater than the first display magnification, maintain the current display magnification. However, Futami [0228] teaches that the display magnification may be changed manually by the user. When the user manually sets the zoom to a level that is already higher than the system’s default display magnification, it is greater than the first display magnification. In addition, since such magnification can be set to any value, it can be set to the maximum allowable zoom in which the display magnification is not enlargeable anymore, thus is maintained.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Komatsuzaki in view of Futami to include wherein the controller is configured to: in response to the representative height having reached the magnification changing height when a current display magnification of the camera image is smaller than a first display magnification, change the display magnification of the camera image to a second display magnification that is equal to or greater than the first display magnification; and in response to the representative height having reached the magnification changing height when the current display magnification is greater than the first display magnification, maintain the current display magnification. One of ordinary skill in the art would be to make such modification so that the lower end portion of the objective lens and the observation target is magnified and displayed on the display unit, and the distance between the lower end portion of the objective lens and the observation target can be easily grasped (Futami [0228]) to avoid collision (Futami [0227]) and stop endlessly enlarging magnification when sufficient magnification has been reached.
13. Regarding claim 9:
Komatsuzaki teaches a camera image displaying method in a charged particle beam apparatus ([0032] teaches that the camera 107 can capture an image of a state of an inside of the sample chamber 102, specifically, the electron optics system 101), the method comprising:
mounting a specimen unit on a movable stage disposed within a specimen chamber ([0040] teaches the sample table 105 on which the new sample 104 is placed is attached to the movable stage 106 and placed in the sample chamber 102), the specimen unit comprising a specimen and a specimen holder holding the specimen ([0029] teaches a sample table 105 for placing a sample 104); taking a camera image of an interior of the specimen chamber with a camera in an observation direction intersecting an optical axis direction ([0029] teaches a camera 107 for capturing an image of the inside of the sample chamber 102. [0068] teaches an image of the sample chamber 102 is captured by the optical camera 107 from a direction substantially horizontal to the surface of the movable stage 106), the camera image including a specimen unit image and an objective lens image ([0032] teaches that the camera 107 can capture an image of a state of an inside of the sample chamber 102, specifically, the electron optics system 101, the detector 103, the sample 104, and the sample table 105. [0030] teaches the electron optics system 101 includes a condenser lens, a deflector, an objective lens); displaying the camera image ([0029] teaches a monitor 109 for displaying an image captured by the camera 107).
Komatsuzaki does not specifically note displaying the camera image during an ascending process for lifting the movable stage to allow the specimen unit to approach an objective lens; and during the ascending process, increasing a display magnification of the camera image in response to a representative height of the specimen unit having reached a magnification changing height.
Futami teaches displaying the camera image during an ascending process for lifting the movable stage to allow the specimen unit to approach an objective lens ([0012] teaches a display unit capable of displaying an image acquired by an imaging section. [0118] teaches that the placement table 31 can be moved by the placement unit Z-direction driving unit 83 and an objective lens Z-axis direction driving unit 80 in a direction towards an objective lens 25 (upward direction) and a direction away from the objective lens 25 (downward direction). [0228] teaches that as the distance between the objective lens 25 and the observation target 100 gets smaller, the display magnification of the side-view image is set larger, that is, the side-view image is magnified and displayed); and during the ascending process, increasing a display magnification of the camera image in response to a representative height of the specimen unit having reached a magnification changing height (under broadest reasonable interpretation, any apparatus that increases display magnification at any point during ascent would read on the limitation. [0228] teaches that the display control unit 64 is configured to change a display magnification of the side-view image according to the distance between the objective lens 25 and the observation target 100. Specifically, as the distance between the objective lens 25 and the observation target 100 gets smaller, the display magnification of the side-view image is set larger, that is, the side-view image is magnified and displayed. By using the stage to move upward, the system reduces the distance between the lens and the target, which the control unit then magnifies and displays the side-view image during the upward movement of the stage carrying the target. In combination of the control unit and placement table teaches that the display magnification is increased during the ascending process).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Komatsuzaki in view of Futami to include displaying the camera image during an ascending process for lifting the movable stage to allow the specimen unit to approach an objective lens; and during the ascending process, increasing a display magnification of the camera image in response to a representative height of the specimen unit having reached a magnification changing height. One of ordinary skill in the art would be motivated to make such modification so that the lower end portion of the objective lens and the observation target is magnified and displayed on the display unit, and the distance between the lower end portion of the objective lens and the observation target can be easily grasped (Futami [0228]) to avoid collision (Futami [0227]).
14. Claim 2 is rejected under 35 U.S.C 103 as being unpatentable over Komatsuzaki in view of Futami, further in view of Nemoto (US 20200251302).
15. Regarding claim 2:
The modified invention above teaches the charged particle beam apparatus according to claim 1.
Komatsuzaki in view of Futami does not specifically teach a storage unit in which a protrusion amount of the specimen from the specimen holder is registered, wherein the representative height is calculated based on a current height of the specimen holder and the protrusion amount of the specimen.
Nemoto teaches a storage unit ([0057] teaches that the storage unit 73 functions as a holder shape database. The storage unit 73 stores a plurality of shape data representing the three-dimensional shapes of a plurality of types of holders) in which a protrusion amount of the specimen from the specimen holder is registered ([0040] fig. 1 teaches that a sample element which significantly protrudes from an upper surface of the holder 28 may be the measurement target. [0050] teaches that the shape data of the sample 30′ is generated by the computation and control apparatus 12 based on the result of the three-dimensional shape measurement of the sample 30′), wherein the representative height is calculated based on a current height of the specimen holder and the protrusion amount of the specimen ([0058] teaches that at the sample unit shape data generator 71, the shape data of the holder and the shape data of the sample are combined, to generate the shape data of the sample unit).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Komatsuzaki in view of Futami, further in view of Nemoto to include a storage unit in which a protrusion amount of the specimen from the specimen holder is registered, wherein the representative height is calculated based on a current height of the specimen holder and the protrusion amount of the specimen. One of ordinary skill in the art would be motivated to make such modification to control the movement of the sample unit based on the three-dimensional shape of the sample and the three-dimensional shape of the structure. Thus, when it is expected that the sample unit will move close to or collide with the structure, the movement of the sample unit may be restricted, or a positioning of the sample unit can be optimized. Specifically, it becomes easier to move the sample closer to the objective lens (Nemoto [0009]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY LI whose telephone number is (571) 272-5043. The examiner can normally be reached 8:30am-4:30pm. 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.
/LARRY LI/
Examiner, Art Unit 2881
/MICHAEL J LOGIE/ Primary Examiner, Art Unit 2881
Prosecution Insights