Prosecution Insights
Last updated: October 04, 2026
Application No. 18/961,365

HIGH BRIGHTNESS x-ray SOURCE

Non-Final OA §103
Filed
Nov 26, 2024
Priority
May 26, 2022 — provisional 63/365,414 +2 more
Examiner
DOWNING, SAVANNAH STARR
Art Unit
2884
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nova Measuring Instruments Inc.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
34 granted / 43 resolved
+11.1% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
23 currently pending
Career history
68
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
56.4%
+16.4% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 43 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) 1-8, 11-21, and 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US 20210136902 A1) in view of Stobrawa (US 20040105095 A1). Regarding Claim 1: Chang discloses a method for generating an x-ray beam, the method comprises: directing an x-ray generating fluid (124) towards a cryogenic x-ray emitting target (106); freezing, by the cryogenic x-ray emitting target, the x-ray generating fluid to provide a frozen x-ray generating material ([0060]: “…target material is deposited onto the surface of drum 106 in a liquid or gas phase, which then freezes onto the surface of drum 106.”); Chang fails to teach illuminating the frozen x-ray generating material with an electron beam to generate the x-ray beam. However, Chang and Stobrawa both teach electron beams as an alternative to laser beams for plasma generation by means of a high-energy beam (Chang: “Xenon atoms are highly ionized and excited to various energetic ionic states under electron impact or laser field”, [0025]; Stobrawa: “The basic idea behind the invention is that for a reproducible plasma generation by means of a high-energy beam (e.g., a laser beam or electron beam) at a target flow, particularly a flow of liquid droplets or frozen mass-limited targets or a continuous liquid jet, detection of the target flow must be carried out in the immediate vicinity of the interaction point.”, [0028]). Therefore, it would have been obvious to someone of ordinary skill in the art to have substituted the laser beam of Chang for an electron beam as a means for illuminating frozen x-ray generating material to generate the x-ray beam. One would be motivated to do so on the basis of substituting one known element for another, as a matter of routine skill in the art. Regarding Claim 2: Chang, in view of Stobrawa, discloses the method according to claim 1, wherein the illuminating occurs while the frozen x-ray generating material is positioned on the cryogenic x-ray emitting target (Chang: [0061], “A pulsed laser illumination source 114 emits a sequence of pulses of excitation (pump) light directed toward the surface of drum 106. As depicted in FIG. 2, the excitation light passes through a beam expander 115, one or more focusing optical elements 116, and optical window 117 to reach the low atomic number, cryogenic target material deposited on the surface of drum 106.”). Regarding Claim 3: Chang, in view of Stobrawa, discloses the method according to claim 1, comprising introducing movement between the cryogenic x-ray emitting target and a point of interaction between the electron beam and the frozen x-ray generating material (Chang: [0064], “As drum 106 rotates and translates, a locus of craters following a spiral path along the surface of drum 106 develops due to exposure to the excitation illumination light from pulsed laser illumination source 114.”). Regarding Claim 4: Chang, in view of Stobrawa, discloses the method according to claim 3, wherein the introducing of the movement comprises rotating the cryogenic x-ray emitting target (Chang: [0064]). Regarding Claim 5: Chang, in view of Stobrawa, discloses the method according to claim 1, wherein the x-ray generating fluid is a x-ray generating liquid (Chang: [0060], “…a target material source 110 provides low atomic number target material in a gas phase or a liquid phase”). Regarding Claim 6: Chang, in view of Stobrawa, discloses the method according to claim 1, wherein the x-ray generating fluid is a x-ray generating gas (Chang: [0060], “…a target material source 110 provides low atomic number target material in a gas phase or a liquid phase”). Regarding Claim 7: Chang, in view of Stobrawa, discloses the method according to claim 1, comprising generating the electron beam by high brightness thermal field emitter (Stobrawa: [0110], “Any number of prior art techniques for electron beam generation may be used for the embodiments of the invention disclosed herein… Additional known techniques used for electron beam generation include heating for thermionic emission, Schottky emission”). Regarding Claim 8: Chang, in view of Stobrawa, discloses the method according to claim 7, wherein the high brightness thermal field emitter is a Schottky electron beam source (Stobrawa: [0110], “Any number of prior art techniques for electron beam generation may be used for the embodiments of the invention disclosed herein… Additional known techniques used for electron beam generation include heating for thermionic emission, Schottky emission”). Regarding Claim 11: Chang, in view of Stobrawa, discloses the method according to claim 1, but both fail to teach wherein the electron beam is a continuous electron beam. However, it would have been obvious to someone of ordinary skill in the art to operate the electron source of Stobrawa continuously rather than in pulses, as a matter of selecting a known operating mode with a reasonable expectation of successfully yielding the predictable result of providing an electron beam for x-ray generation. See MPEP 2143. Regarding Claim 12: Chang, in view of Stobrawa, discloses the method according to claim 1, wherein the electron beam is a pulsed electron beam (Stobrawa: [0003], “The invention is directed to an arrangement for the optical detection of a moving target flow for pulsed energy beam pumped radiation generation based on a plasma, for example, for the generation of extreme ultraviolet radiation (EUV), soft x-ray radiation or particle radiation.”; [0041]: “…other types of high-energy radiation suitable for the excitation of the plasma 51 will also be considered (such as an electron beam).”). Regarding Claim 13: Chang, in view of Stobrawa, discloses the method according to claim 1, wherein the x-ray beam comprises one or more Ka lines and continuum energy radiation between 100 eV till tens of KeV (Chang: [0137], “The illumination light comprises one or more line emissions in a spectral region from 10 electronvolts to 5,000 electronvolts.”). Regarding Claim 14: Chang discloses an x-ray beam source (Fig. 2), comprising: an x-ray generating fluid source that is configured to direct an x-ray generating fluid (124) towards a cryogenic x-ray emitting target (106); a cryogenic x-ray emitting target (106) that is configured to freeze the x-ray generating fluid to provide a frozen x-ray generating material ([0060]: “…target material is deposited onto the surface of drum 106 in a liquid or gas phase, which then freezes onto the surface of drum 106.”); Chang fails to teach an electron beam source that is configured to illuminate the frozen x-ray generating material with an electron beam to generate the x-ray beam. However, Chang and Stobrawa both teach electron beams as an alternative to laser beams for plasma generation by means of a high-energy beam (Chang: “Xenon atoms are highly ionized and excited to various energetic ionic states under electron impact or laser field”, [0025]; Stobrawa: “The basic idea behind the invention is that for a reproducible plasma generation by means of a high-energy beam (e.g., a laser beam or electron beam) at a target flow, particularly a flow of liquid droplets or frozen mass-limited targets or a continuous liquid jet, detection of the target flow must be carried out in the immediate vicinity of the interaction point.”, [0028]). Therefore, it would have been obvious to someone of ordinary skill in the art to have substituted the laser beam of Chang for an electron beam as a means for illuminating frozen x-ray generating material to generate the x-ray beam. One would be motivated to do so on the basis of substituting one known element for another, as a matter of routine skill in the art. Regarding Claim 15: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, wherein the electron beam source is configured to illuminate the frozen x-ray generating material while the frozen x-ray generating material is positioned on the cryogenic x-ray emitting target (Chang: [0061], “A pulsed laser illumination source 114 emits a sequence of pulses of excitation (pump) light directed toward the surface of drum 106. As depicted in FIG. 2, the excitation light passes through a beam expander 115, one or more focusing optical elements 116, and optical window 117 to reach the low atomic number, cryogenic target material deposited on the surface of drum 106.”). Regarding Claim 16: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, comprising a mechanical unit configured to introduce movement between the cryogenic x-ray emitting target and a point of interaction between the electron beam and the frozen x- ray generating material (Chang: [0064], “As drum 106 rotates and translates, a locus of craters following a spiral path along the surface of drum 106 develops due to exposure to the excitation illumination light from pulsed laser illumination source 114.”). Regarding Claim 17: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 16, wherein the mechanical unit is configured to rotate the cryogenic x-ray emitting target (Chang: [0064]). Regarding Claim 18: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, wherein the x-ray generating fluid is a x-ray generating liquid (Chang: [0060], “…a target material source 110 provides low atomic number target material in a gas phase or a liquid phase”). Regarding Claim 19: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, wherein the x-ray generating fluid is a x-ray generating gas (Chang: [0060], “…a target material source 110 provides low atomic number target material in a gas phase or a liquid phase”). Regarding Claim 20: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, wherein the electron beam source comprises a high brightness thermal field emitter (Stobrawa: [0110], “Any number of prior art techniques for electron beam generation may be used for the embodiments of the invention disclosed herein… Additional known techniques used for electron beam generation include heating for thermionic emission, Schottky emission”). Regarding Claim 21: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 20, wherein the high brightness thermal field emitter is a Schottky electron beam source (Stobrawa: [0110], “Any number of prior art techniques for electron beam generation may be used for the embodiments of the invention disclosed herein… Additional known techniques used for electron beam generation include heating for thermionic emission, Schottky emission”). Regarding Claim 24: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, but both fail to teach wherein the electron beam is a continuous electron beam. However, it would have been obvious to someone of ordinary skill in the art to operate the electron source of Stobrawa continuously rather than in pulses, as a matter of selecting a known operating mode with a reasonable expectation of successfully yielding the predictable result of providing an electron beam for x-ray generation. See MPEP 2143. Regarding Claim 25: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, wherein the electron beam is a pulsed electron beam (Stobrawa: [0003], “The invention is directed to an arrangement for the optical detection of a moving target flow for pulsed energy beam pumped radiation generation based on a plasma, for example, for the generation of extreme ultraviolet radiation (EUV), soft x-ray radiation or particle radiation.”; [0041]: “…other types of high-energy radiation suitable for the excitation of the plasma 51 will also be considered (such as an electron beam).”). Regarding Claim 26: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, wherein the x-ray beam comprises one or more Ka lines and continuum energy radiation between 100 eV till tens of KeV (Chang: [0137], “The illumination light comprises one or more line emissions in a spectral region from 10 electronvolts to 5,000 electronvolts.”). Claim(s) 9-10 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Stobrawa, in further view of Lee (US 20210272766 A1). Regarding Claim 9: Chang, in view of Stobrawa, discloses the method according to claim 1, but both fail to teach comprising generating the electron beam by a high brightness cold electron field emitters source. Lee teaches various equivalent mechanisms for generating an electron beam, including by a cold field emitters source ([0025]: “The electron source 118 may include one or more filaments (hot cathodes), one or more field emitters (cold cathodes, such as carbon nanotubes (CNT)), and/or any other suitable electron source or combination thereof. The electron source 118 may employ thermionic emission, field emission, photo emission, ferroelectric emission, laser diode based emission, monolithic semiconductor based emission, or any other mechanisms of electron emission to generate and emit the electron beam.”). It would have been obvious to someone of ordinary skill in the art to have modified the combination of Chang and Stobrawa to provide an electron beam by a high brightness cold electron field emitters source, as a matter of substituting equivalents known for the same purpose. See MPEP 2144. One would be motivated to make such a substitution to yield the predictable result of providing an electron beam for X-ray generation. Regarding Claim 10: Chang, in view of Stobrawa, discloses the method according to claim 1, comprising generating the electron beam by illuminating a photocathode with a beam selected out of a light beam and a laser beam. Lee teaches various equivalent mechanisms for generating an electron beam, including laser emission ([0025]: “The electron source 118 may include one or more filaments (hot cathodes), one or more field emitters (cold cathodes, such as carbon nanotubes (CNT)), and/or any other suitable electron source or combination thereof. The electron source 118 may employ thermionic emission, field emission, photo emission, ferroelectric emission, laser diode based emission, monolithic semiconductor based emission, or any other mechanisms of electron emission to generate and emit the electron beam.”). It would have been obvious to someone of ordinary skill in the art to have modified the combination of Chang and Stobrawa to provide an electron beam generated by laser emission, as a matter of substituting equivalents known for the same purpose. See MPEP 2144. One would be motivated to make such a substitution to yield the predictable result of providing an electron beam for X-ray generation. Regarding Claim 22: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, but both fail to teach wherein the electron beam source comprises a high brightness cold electron field emitters source. Lee teaches various equivalent mechanisms for generating an electron beam, including by a cold field emitters source ([0025]: “The electron source 118 may include one or more filaments (hot cathodes), one or more field emitters (cold cathodes, such as carbon nanotubes (CNT)), and/or any other suitable electron source or combination thereof. The electron source 118 may employ thermionic emission, field emission, photo emission, ferroelectric emission, laser diode based emission, monolithic semiconductor based emission, or any other mechanisms of electron emission to generate and emit the electron beam.”). It would have been obvious to someone of ordinary skill in the art to have modified the combination of Chang and Stobrawa to provide an electron beam by a high brightness cold electron field emitters source, as a matter of substituting equivalents known for the same purpose. See MPEP 2144. One would be motivated to make such a substitution to yield the predictable result of providing an electron beam for X-ray generation. Regarding Claim 23: Chang, in view of Stobrawa, discloses the x-ray beam source according to claim 14, but both fail to teach wherein the electron beam source comprises a photocathode and a beam source that is configured to illuminate the photocathode by a beam selected out of a light beam and a laser beam. Lee teaches various equivalent mechanisms for generating an electron beam, including laser emission ([0025]: “The electron source 118 may include one or more filaments (hot cathodes), one or more field emitters (cold cathodes, such as carbon nanotubes (CNT)), and/or any other suitable electron source or combination thereof. The electron source 118 may employ thermionic emission, field emission, photo emission, ferroelectric emission, laser diode based emission, monolithic semiconductor based emission, or any other mechanisms of electron emission to generate and emit the electron beam.”). It would have been obvious to someone of ordinary skill in the art to have modified the combination of Chang and Stobrawa to provide an electron beam generated by laser emission, as a matter of substituting equivalents known for the same purpose. See MPEP 2144. One would be motivated to make such a substitution to yield the predictable result of providing an electron beam for X-ray generation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIYA DOWNING whose telephone number is (703)756-1840. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM ET. 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, David Makiya can be reached at (571) 272-2273. 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. /MIYA DOWNING/Examiner, Art Unit 2884 /DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
Read full office action

Prosecution Timeline

Nov 26, 2024
Application Filed
Sep 21, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
85%
With Interview (+5.9%)
2y 8m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 43 resolved cases by this examiner. Grant probability derived from career allowance rate.

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