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
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 6, 8-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MASNAGHETTI et al. (TW 202028750 A).
Regarding claim 1, MASNAGHETTI discloses a reflectance confocal scanning electron microscope (figs. 1 and 5-6) comprising:
a first column device (fig. 1, 102 to 108) configured to allow an electron beam to be incident on a sample (110) ; and
a second column device (120) configured to de-scan (via 124) the electron beam after it is reflected (ISE, BSE) (reflected/backscattered electrons) from the sample to confocally detect (via 126, 128, 130, 140 and/or 142) (figs. 1g-1h) electrons emitted from the sample (110) .
(fig. 6C; primary electron beam (IP) 104; sample 110; reflected/backscattered e-beam (ISE, BSE); de-scan coil 124; confocal/pinhole (after lens 126); detector EA)
(figs. 1c and 6B; detector 132, confocal/pinhole 130, detector 142)
(figs. 1c and 1g-1h; 114 solid line, 116 dotted line).
Regarding claim 11, MASNAGHETTI discloses a reflectance confocal scanning electron microscope (figs. 1 and 5-6) comprising:
an objective lens (126, and/or 140) configured to focus electrons scattered (ISE, BSE) from a sample (110); and
a spatial filter (pinhole 130 in 128 in 120) configured to confocally filter (via 126, 140, and/or pinhole 130 in 128 in 120) (figs. 1g-1h) an electron beam focused through the objective lens (126, and/or 140).
(fig. 6C; primary electron beam (IP) 104; sample 110; reflected/backscattered e-beam (ISE, BSE); de-scan coil 124; confocal/pinhole (after lens 126); detector EA)
(figs. 1c and 6B; detector 132, confocal/pinhole 130, detector 142)
(figs. 1c and 1g-1h; 114 solid line, 116 dotted line)
(Note per applicant’s spec, para. [0042 Note spatial filter 123 (e.g., a pinhole)]).
Regarding claim 16, MASNAGHETTI discloses a reflectance confocal scanning electron microscope (figs. 1 and 5-6) and comprising:
a first column device (fig. 1, 102 to 108) configured to allow an electron beam to be incident on a sample (110) ; and
a second column device (120) comprising a detector (128, and/or 142) that is configured to detect the electron beam after it is reflected (ISE, BSE) (reflected/backscattered electrons) from the sample (110),
wherein the electron beam scans (abstract) the sample as it is incident on the sample, and
wherein the electron beam passes through a pinhole (130 in 128 in 120) toward the detector as a de-scanned (via 124) electron beam (pg. 6).
(fig. 6C; primary electron beam (IP) 104; sample 110; reflected/backscattered e-beam (ISE, BSE); de-scan coil 124; confocal/pinhole (after lens 126); detector EA)
(figs. 1c and 6B; detector 132, confocal/pinhole 130, detector 142)
(figs. 1c and 1g-1h; 114 solid line, 116 dotted line)
Regarding claim 2, MASNAGHETTI discloses that the first column device (fig. 1, 102 to 108) comprises: an electron source (102) configured to generate the electron beam; and an objective lens (108) configured to focus the electron beam on the sample (110).
Regarding claim 6, MASNAGHETTI discloses that the second column device (120) comprises:
an objective lens (126, and/or 140) configured to focus the electron beam after it is reflected from the sample (110) ;
a pinhole (130 in 128 in 120) configured to confocally filter the electron beam after it is focused through the objective lens (126); and
a detector (via 128, and/or 142) configured to detect the electron beam after it passes through the pinhole (130 in 128 in 120).
Regarding claim 8, MASNAGHETTI discloses that the second column device (120) further comprises an energy filter (138) configured to accelerate the electron beam after it passes through the pinhole (130 in 128 in 120) .
Regarding claim 9, MASNAGHETTI discloses that a resolution or a signal-to-noise ratio (SNR) is based on (inherent, to some extent, due to the beam passing through 130) a size of the pinhole (130 in 128 in 120) .
Regarding claim 10, MASNAGHETTI discloses that the second column device (120) is configured to acquire a two-dimensional image (via 142) of the sample (110) through the confocal detection (via 128, and/or 142) of the electrons emitted from the sample.
Regarding claim 12, MASNAGHETTI discloses that the electrons scatter (ISE, BSE) from the sample in response to scanning the sample (110) (abstract).
Regarding claim 13, MASNAGHETTI discloses that the electron beam comprises the electrons (104), the reflectance confocal scanning electron microscope further comprising:
a de-scanning coil (124 in 120) configured to de-scan the electron beam (ISE, BSE) that is focused through the objective lens (126 and/or 140); and
a detector (142) configured to detect the electron beam after it passes through the spatial filter (pinhole 130 in 128 in 120).
(Note per applicant’s spec, para. [0042 Note spatial filter 123 (e.g., a pinhole)]).
Regarding claim 14, MASNAGHETTI discloses that the de-scanning coil (124) is configured to perform a de-scanning control (via controller 121, of 124) operation changing a flow direction of the electron beam (figs. 1g-1h, see 114, 116).
. Regarding claim 15, MASNAGHETTI discloses that a focal length of the objective lens (126, and/or 140) is adjustable (figs. 1g-1h; show focus of 126 changed for different operation modes) (via controller 121) (pgs. 10-11)
Regarding claim 17, MASNAGHETTI discloses that the first column device (fig. 1, 102 to 108) comprises:
a scanning coil (in 105, not illustrated) (pg. 5) configured to scan the electron beam onto the sample (110); and
a first objective lens (108) configured to focus the electron beam onto the sample after a direction of the electron beam has been changed by the scanning coil (in 105) (pg. 5 Note any electro-optical elements known in the art that are suitable for focusing and/or directing the electron beam; Note electro-optical elements is inclusive of in any order).
Regarding claim 19, MASNAGHETTI discloses that the second column device (120) is configured to perform confocal filtering (figs. 1c and 1g-1h; 114 solid line, 116 dotted line) through a focal length control adjusting a focal length of an objective lens (126, and/or 140) (figs. 1g-1h; show focus of 126 changed for different operation modes) (via controller 121) (pgs. 10-11) and a de-scanning control (of 124) changing a flow direction of the electron beam .
Regarding claim 20, MASNAGHETTI discloses that the second column device (120) further comprises an energy filter (138) (pg. 8) configured to energy-filter the electron beam after it passes through the pinhole (130 in 128 in 120).
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) 3-5 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over MASNAGHETTI et al. (TW 202028750 A) in view of de JONGE (US 20090078868 A1).
Regarding claim 3, MASNAGHETTI discloses that wherein the first column device (fig. 1, 102 to 108) further comprises:
an anode (in 105) (pg. 5) configured to accelerate the electron beam after it is generated by the electron source (102);
a condensing lens (106) configured to condense the electron beam after it is accelerated through the anode (in 105) (pg. 5); and
an
wherein a probe size for the sample (110) is based on a size of the aperture (in 105) (pg. 5) and a magnification (of 106, 108 at least) of the reflectance confocal scanning electron microscope
(pg. 5 Note any electro-optical elements known in the art that are suitable for focusing and/or directing the electron beam; Note electro-optical elements is inclusive of anodes for accelerating/directing).
Regarding claim 4, MASNAGHETTI discloses that the first column device (fig. 1, 102 to 108) further comprises a scanning coil (in 105) (pg. 5) configured to change a direction of the electron beam after it passes through the focusing and/or directing the electron beam).
But MASNAGHETTI fails to disclose an aperture configured to pass the electron beam after it is condensed through the condensing lens.
de JONGE, however, discloses a confocal SEM which has a primary beam column (fig. 3; 12), for irradiating a sample (at 18 with 14), that includes a condenser lens (36), aperture (38), aberration corrector (40), scan coils (41), and an objective lens (42) [0032].
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 MASNAGHETTI, with beam components of aberration corrector, aperture and scanner coils, as taught by de JONGE, to use as electro-optical elements known in the art that are suitable for focusing and/or directing an electron beam for imaging a sample [0032].
Regarding claim 5, MASNAGHETTI discloses wherein the objective lens (108) further comprises a
(pg. 5 Note any electro-optical elements known in the art that are suitable for focusing and/or directing the electron beam).
But MASNAGHETTI fails to disclose a stigmator or an aberration corrector.
de JONGE, however, discloses a confocal SEM which has a primary beam column (fig. 3; 12), for irradiating a sample (at 18 with 14), that includes a condenser lens (36), aperture (38), aberration corrector 40, scan coils 41, and an objective lens 42 [0032].
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 MASNAGHETTI, with beam components of aberration corrector, aperture and scanner coils, as taught by de JONGE, to use as electro-optical elements known in the art that are suitable for focusing and/or directing an electron beam for imaging a sample [0032].
2. Claim(s) 7 and 18 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over MASNAGHETTI et al. (TW 202028750 A) in view of TAKEGUCHI et al. (JP 2008270056 A).
Regarding claim 7, MASNAGHETTI discloses wherein the second column device (120) further comprises a de-scanning coil (124) configured to de-scan (via 124) the electron beam
Regarding claim 18, MASNAGHETTI discloses wherein the second column device (120) comprises:
a second objective lens (126, and/or 140) configured to focus the electron beam after it is reflected from the sample (110); and
a de-scanning coil (124) configured to de-scan the electron beam
But MASNAGHETTI fails to disclose a de-scanning coil configured to de-scan the electron beam after it is focused through the objective lens and before it passes through the pinhole
TAKEGUCHI, however, discloses a confocal SEM (figs. 1) with a second column device (imaging lens, descan coils, aperture) further comprises a de-scanning coil (fig. 1, descan coils) configured to de-scan the electron beam after it is focused through the objective lens (fig. 1, imaging lens) and before it passes through the pinhole (fig. 2, aperture before detector).
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 MASNAGHETTI, with descanning via a descan coil after focusing via an objective lens, as taught by TAKEGUCHI, to use as a substitution of one known beam column component arrangement (i.e. descan coil post objective lens and before pinhole) for another to obtain predictable beam focusing and imaging results.
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.
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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW SMYTH/Primary Examiner, Art Unit 2878
Prosecution Insights