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 § 102
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.
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) 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boughorbel et al (EP2557584A1).
As per claim 1, Boughorbel teaches a method for investigating a sample using a SEM comprising:
a) preparing a layer of a semiconductor sample (410) by etching an initial sample surface using a focused ion beam (para 16), the semiconductor sample comprising structures of different elemental composition (para 9);
b) aligning a surface area of a region of interest volume of the prepared layer of the semiconductor sample with an object field of a scanning electron microscope (SEM), (para 54, 55);
c) adjusting an electron energy of an electron beam of the SEM (para 59);
d) probing the region of interest volume using the scanning electron beam within the object field (para 23);
e) detecting X-rays emanating from the aligned region of interest volume (para 25, 57);
f) post-processing a detection signal obtained during e) to spatially deconvolute the detection signal into structure data attributed to the sample structure within the region of interest volume (para 24,27);
g) repeating a) through f) until layer by a layer investigation of a superimposed volume of interest of the semiconductor sample is completed (para 52).
As per claims 2,10, Boughorbel teaches wavelength dependent X-ray detection (para 25,57).
As per claims 3,11, Boughorbel teaches spectral deconvolution of the detected X-rays (para 18,24,27).
As per claim 4, Boughorbel takes into account a volume interaction of the electron beam with the semiconductor sample in the region of interest volume (para 48)
As per claim 5, Boughorbel, takes into account an elemental mapping of elements within the semiconductor sample probed in the region of interest volume (para 9,48).
As per claim 6, Boughorbel, teaches Monte-Carlo simulation of the interaction between the probe electrons and the sample material (para 13)
As per claim 7, Boughorbel, uses geometry input or another a priori condition input from further measurements (para 18, 32).
As per claim 8, Boughorbel teaches the formula of defining a Point Spread Function that, for each value of n, has a kernel value Kn representing a behavior of the probing beam in a bulk of the sample for a given beam parameter value; defining a spatial variable V that represents a physical property of the sample as a function of position in its bulk; defining an imaging quantity that, for each value of n, has a value Qn that is a multi-dimensional convolution of Kn and V, such that Qn=Kn*V; and
for each value of n, computationally determining a minimum divergence mind (Min D (Mn II Kn*V)
between Mn and Qn, which is solved for V while applying constraints on the values Kn, (para 8).
As per claim 9. The method of claim 8, wherein the constraints on the values Kn are derived using at least one method selected from the group consisting of: computational simulation of at least a set of values Kn; empirically determining at least a set of values Kn; modelling the Point Spread Function as a parametrized function with a limited number of modeling parameters, on the basis of which at least a set of values Kn can be estimated; logical solution space limitation, whereby theoretically possible values Kn that are judged to be physically meaningless are discarded; and interference of a second set of values Kn by applying extrapolation and/or interpolation to a first set of values Kn (para 12).
As per claim 12, Boughorbel, teaches:
e) comprises using wavelength dependent X-ray detection; f) comprises a spectral deconvolution of the detected X-rays; and at least one of the following holds: f) takes into account a volume interaction of the electron beam with the semiconductor sample in the region of interest volume; f) takes into account an elemental mapping of elements within the semiconductor sample probed in the region of interest volume; f) comprises a Monte-Carlo simulation of the interaction between the probe electrons and the sample material; and f) comprises geometry input or another a priori condition input from further measurements, see corresponding claims above.
As per claim 13, Boughorbel teaches the steps of e) comprises using wavelength dependent X-ray detection; and at least one of the following holds: f) takes into account a volume interaction of the electron beam with the semiconductor sample in the region of interest volume; f) takes into account an elemental mapping of elements within the semiconductor sample probed in the region of interest volume; f) comprises a Monte-Carlo simulation of the interaction between the probe electrons and the sample material; and f) comprises geometry input or another a priori condition input from further measurements, see corresponding clams above.
As per claim 14, Boughorbel teaches One or more machine-readable hardware storage devices (424) comprising instructions that are executable by one or more processing devices to perform operations comprising the method of claim 1.
As per claim 15, Boughorbel teaches a device comprising:
one or more processing devices ; and
one or more machine-readable hardware storage devices comprising instructions that are executable by one or more processing devices to perform operations comprising the method of claim 1, processing device/computer 424 that would inherently store/processdata.
As per claim 16, Boughorbel, comprises:
a FIB source (para 16); an SEM (para 55); and an X-ray detection device (para 56).
Claim Rejections - 35 USC § 103
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.
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.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Boughorbel et al. (EP2557584A1).
As per claim 17, Boughorbel does not specifically teach the use X-ray spectrometer, it would
have been inherent that Boughorbel uses an X-ray spectrometer because he is generating a 3D imaging. Moreover, these types of spectrometers are well known in the art, and it would have been obvious to one of ordinary skill in the art to implement any type of x-ray device dependent on the type of sample being measured.
As per claims 18-20, Boughorbel does not teach specific the sample angle being measure. However, Boughorbel teaches that you can employ a range of different sample tilt angles (para 19). Thus, it would have been obvious to one of ordinary skill in the art to implement Boughorbel device with varying angles (less than 90) to measure the sample.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Kim whose telephone number is (571)272-2293. The examiner can normally be reached M-F 7-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allana Bidder can be reached at 571-272-5560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H KIM/Supervisory Patent Examiner, Art Unit 2881
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