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 .
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-9, 15-18, drawn to a multi-beam electron microscope with particular circuitry for controlling its microlenses , classified in H01J 2237/1202.
II. Claims 10-14, 19-20, drawn to a multi-beam electron microscope withdummy portions, classified in H01J 2237/103.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as subcombinations disclosed as usable together in a single combination. The subcombinations are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable. In the instant case, subcombination I has separate utility such as individually controlling the acceleration of micro-beams in an electron beam inspection device by circuitry in a microlens array. See MPEP § 806.05(d).
The examiner has required restriction between subcombinations usable together. Where applicant elects a subcombination and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions have attained recognition in the art as separate fields of inventive endeavor, as is indicated by their separate classifications.
The inventions would require separate fields of search, since searches for a dummy regions require specific search queries and terminology that are unlikely to yield relevant results for circuitry.
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Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Matthew A Poulsen, #71622 on 5/7/26 a provisional election was made to prosecute the invention of I, claims 1-9, 15-18. Affirmation of this election must be made by applicant in replying to this Office action.
Claims 10-14, 19-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 11,056,312 B1 [Jiang] in view of US 2021/0066037 A1 [Sarov].
Regarding Claim 1:
Jiang teaches a multi-beam electron imaging apparatus (1:39-52) comprising:
an electron beam source configured to generate a telecentric primary electron beam (14:65-15:15);
a micro-beam creation array (300) configured to split the telecentric primary electron beam into a set of telecentric electron beamlets (14:65- 15:15, particularly through MAA 306), wherein the micro-beam creation array comprises:
a field curvature corrector (Fig. 7 (MLA 308/MSA 310)), wherein the field curvature corrector is configured to individually correct field curvature blur of each telecentric beamlet (8:16-20, 9:54-62), wherein the
field curvature corrector comprises:
a conductive plate (12:46-47 – first conductive membrane),
wherein the conductive plate includes a plurality of holes arranged in a hexagonal array (as shown in Fig. 7); and
a microlens array (Fig. 3 (308/310)),
wherein the microlens array includes a plurality of microlenses (Fig. 7 (334a-n))
wherein the plurality of microlenses are arranged in a hexagonal pattern to match the hexagonal pattern of the holes of the conductive plate (Fig. 7, 12:15-57),
a set of electron optics configured to focus the set of telecentric electron beamlets onto a sample for inspection of the sample (Fig. 3 (314, 316)).
Jiang fails to teach that the microlens array is formed on an insulative plate, and the microlens array includes a plurality of power lines for individually addressing each of the microlenses of the microlens array.
Sarov describes a multi-beam charged particle system (abstract) including a field curvature corrector (paras 23-24, 85) including a microlens array including a plurality of microlenses (Fig. 4 – ring electrodes, para 76. Fig 8), wherein the microlens array includes a plurality of microlenses formed on an insulative plate (Fig. 3 – lenses (429) are formed in insulating plate (413), wherein the microlens array includes a plurality of power lines for individually addressing each of the microlenses of the microlens array (Fig. 3 (437), claim 7).
It would have been obvious to one of ordinary skill in the art before the effective time of filing to use the microlenses in wired in an insulating substrate construction of Sarov to create the microlens array of Jiang. One would have been motivated to do so since this would make it possible to feed different voltages to a large number of lenses without extensive wiring harnesses. Sarov para 5.
Regarding Claim 2:
The above modified invention teaches the multi-electron-beam imaging system of claim 1, wherein the micro-beam creation array further comprises:
an aperture array (Jiang Fig. 3 (306));
a micro deflector array (Jiang Fig. 3 (322a-l) are all deflector electrodes); and
a micro stigmator array (Jiang Fig. 3 (310), note that 12:41-57 described multiple layers of electrodes in the micro-beam array).
Regarding Claim 3:
The above modified invention teaches the multi-electron-beam imaging system of claim 1, further comprising a detector assembly configured to detect electrons from the sample. Jiang Fig. 12 (1314).
Regarding Claim 4:
The above modified invention teaches the multi-electron-beam imaging system of claim 1, wherein each microlens of the microlens array is formed by conductively coating an area around a hole within the insulative plate. Sarov Fig. 3 – lenses (429) are coated on insulating plate (413).
Regarding Claim 5:
The above modified invention teaches the multi-electron-beam imaging system of claim 1, wherein each microlens of the microlens array is configured to operate as at least one of an acceleration lens or a deceleration lens. Jiang 12:55-57.
Regarding Claim 6:
The above modified invention teaches the multi-electron-beam imaging system of claim 1, wherein an inner diameter of at least some of the microlenses of the microlens array is equal to a diameter of at least some of the holes of the conductive plate. Jiang 12:31-40.
Regarding Claim 7:
The above modified invention teaches the multi-electron-beam imaging system of claim 1, wherein the power lines of the plurality of power lines of the micro-lens array are disposed beneath insulating material of the insulative plate of the microlens array (Sarov – power lines (437) are beneath insulating material (438)), wherein the insulating material is located on at least one of a first surface or a second surface of the insulative plate (Sarov (43) is on a second surface of the insulative plate).
Regarding Claim 8:
The above modified invention teaches the multi-electron-beam imaging system of claim 7, wherein powerlines associated with a first direction are disposed beneath insulating material of a first surface of the insulative plate and powerlines associated with a second direction are disposed beneath insulating material of a second surface of the insulative plate. As shown in Sarov Fig. 3O. Layers (437) are disposed underneath (431) and (438).
Regarding Claim 9:
The above modified invention teaches the multi-electron-beam imaging system of claim 1, wherein the field curvature corrector comprises an additional a conductive plate, wherein the additional conductive plate includes a plurality of holes arranged in a hexagonal array, wherein the additional conductive plate is positioned at a side of the insulative plate opposite of the conductive plate, wherein the conductive plate, the microlens array, and the additional conductive plate are configured such the microlenses of the microlens array operate as Einzel lenses. Jiang 12:15-57 describes layering the hexagonal arrays, including the conductive layers therein, to create Einzel lenses. Such layered hexagonal arrays would yield the additional conductive layers/plates downstream of the insulative plate.
Regarding Claim 15:
Jiang teaches a field curvature correction apparatus comprising:
a conductive plate (12:46-47 – first conductive membrane),
wherein the conductive plate includes a plurality of holes arranged in a hexagonal array (as shown in Fig. 7); and
a microlens array (Fig. 3 (308/310)),
wherein the microlens array includes a plurality of microlenses (Fig. 7 (334a-n)),
wherein the plurality of microlenses are arranged in a hexagonal pattern to match the hexagonal pattern of the holes of the conductive plate (Fig. 7, 12:15-57),
wherein the microlenses of the microlens array individually correct field curvature blur of individual electron beamlets (8:16-20, 9:54-62).
Jiang fails to teach that the microlens array is formed on an insulative plate, and the microlens array includes a plurality of power lines for individually addressing each of the microlenses of the microlens array.
Sarov describes a multi-beam charged particle system (abstract) including a field curvature corrector (paras 23-24, 85) including a microlens array including a plurality of microlenses (Fig. 4 – ring electrodes, para 76. Fig 8), wherein the microlens array includes a plurality of microlenses formed on an insulative plate (Fig. 3 – lenses (429) are formed in insulating plate (413), wherein the microlens array includes a plurality of power lines for individually addressing each of the microlenses of the microlens array (Fig. 3 (437), claim 7).
It would have been obvious to one of ordinary skill in the art before the effective time of filing to use the microlenses in wired in an insulating substrate construction of Sarov to create the microlens array of Jiang. One would have been motivated to do so since this would make it possible to feed different voltages to a large number of lenses without extensive wiring harnesses. Sarov para 5.
Regarding Claim 16:
The above modified invention teaches the field curvature correction apparatus of claim 15, wherein each microlens of the microlens array is formed by conductively coating an area around a hole within the insulative plate. Sarov Fig. 3 – lenses (429) are coated on insulating plate (413).
Regarding Claim 17:
The above modified invention teaches the field curvature correction apparatus of claim 15, wherein each microlens of the microlens array is configured to operate as at least one of an acceleration lens or a deceleration lens. Jiang 12:55-57.
Regarding Claim 18:
The above modified invention teaches the field curvature correction apparatus of claim 15, further comprising an additional conductive plate, wherein the additional conductive plate includes a plurality of holes arranged in a hexagonal array, wherein the additional conductive plate is positioned at a side of the insulative plate opposite of the conductive plate, wherein the conductive plate, the microlens array, and the additional conductive plate are configured such the microlenses of the microlens array operate as Einzel lenses. Jiang 12:15-57 describes layering the hexagonal arrays, including the conductive layers therein, to create Einzel lenses. Such layered hexagonal arrays would yield the additional conductive layers/plates downstream of the insulative plate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT A STOFFA whose telephone number is (571)270-1782. The examiner can normally be reached M-F 0700-1600 EST.
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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.
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WYATT STOFFA
Primary Examiner
Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881
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