Prosecution Insights
Last updated: October 02, 2026
Application No. 19/050,479

High Brightness X-Ray Source For Semiconductor Metrology

Non-Final OA §103
Filed
Feb 11, 2025
Priority
Mar 14, 2024 — provisional 63/565,005
Examiner
THOMAS, COURTNEY D
Art Unit
Tech Center
Assignee
Hamamatsu Photonics K.K.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
830 granted / 932 resolved
+29.1% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
13 currently pending
Career history
939
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
27.5%
-12.5% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 932 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) 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al. (2011) “Research and development of an electron beam focusing system for high-brightness X-ray generator” in view of Rand et al. (U.S. Patent 5,105,456). [Examiner note: Claims 1, 8 and 17 are treated concurrently because they recite substantially corresponding limitations directed to the same high-brightness rotating-anode X-ray source such that the teachings relied upon with respect to claim 1 likewise apply to the corresponding limitations of claims 8 and 17. Any additional limitations are addressed separately below]. PNG media_image1.png 358 510 media_image1.png Greyscale As per claims 1, 8 and 17, Sakai et al. disclose a high brightness, rotating anode X-Ray source (Abstract; Introduction; Fig. 1) comprising: a rotating support structure including a continuous track of a solid anode material rotating about an axis of rotation at a constant angular velocity (Fig. 1; (2.1) X-ray Generator Overview); a rotational actuator coupled to the rotating anode support structure, wherein the rotational actuator rotates the rotating anode support structure at the constant angular velocity (Fig.1); an electron beam source emitting a stream of electrons toward the solid anode material from a cathode of the electron beam source, the stream of electrons having a power of at least 400 Watts and a landing energy at the solid anode material of at least 80 kiloelectron-volts ((3.4) Verification experiment), the interaction of the stream of electrons with the solid anode material causing an X-Ray emission (Fig. 1; (2.1) X-ray Generator Overview); and one or more electron optical elements disposed along a path of the stream of electrons from the cathode to the solid anode material (Fig. 1; (2.3) Beam Focusing Section; (2.4) Beam Bending magnet section), wherein the one or more electron optical elements adjust a shape of an electron beam intensity cross section of the stream of electrons to an elongated shape at a location of incidence of the stream of electrons with the solid anode material ((3.3) New Magnet Simulation; Fig. 5c), Sakai et al. do not explicitly disclose, wherein the full width half maximum of electron intensity along the minor axis is 40 micrometers or less. Rand teaches sharp focusing in an x-direction for good resolution and elongation of focus in a y-direction for thermal load distribution on a tungsten target (col. 13:28-32). Rand further teaches elongating an electron beam spot in a radial direction to avoid damaging the target while focusing it to as small a dimension as possible in the traverse direction to provide a small X-ray spot (col. 14:19-23). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the electron beam focus of Sakai et al. such that it incorporated a full width half maximum of electron intensity along a minor axis of 40 micrometers or less. One would have been motivated to make such a modification for the purpose of optimizing beam spot focus to generate improved X-ray resolution as suggested by Rand (col. 13:28-32; col. 14:19-23). As per claims 2, 4, 12, 14 and 18 Sakai et al. as modified above, disclose a source further directed to the take-off angle of the electron stream relative to the surface of the solid angle anode material (Sakai et al. Fig.1; (2.1) X-ray Generator Overview). As per claims 3 and 13 Sakai et al. as modified above, disclose a source wherein the extracted X-ray radiation is approximately circular (see e.g. Rand et al. col. 13:1-4). As per claims 5 and 15, Sakai et al. as modified above, disclose a source further comprising one or more bearings disposed around a rotary spindle shaft coupled to the rotating support structure, the one or more bearings configured to support a load in a direction perpendicular to the axis of rotation and support a load in a direction parallel to the axis of rotation (Sakai et al. Fig.1; (2.1) X-ray Generator Overview). As per claim 6, Sakai et al. as modified above do not explicitly disclose the rotating support structure including one or more fluidic channels through which a cooling fluid is circulated. It would have been obvious however, to one having ordinary skill in the art at the time the invention was made to further modify the source of Saka et al. such that it incorporated a rotating support structure including one or more fluidic channels. One would have been motivated to make such a modification to remove heat generated during operation as suggested by Sakai et al. (Introduction). As per claims 7, 16 and 19, Sakai et al. as modified above do not explicitly disclose a source further comprising one or more sensors in a path of the X-Ray emission, the one or more sensors generating signals indicative of a X-Ray source spot size, a X-Ray source spot uniformity, or both; and a computing system configured to: receive the signals indicative of the X-Ray source spot size, X-Ray source spot uniformity, or both and communicate control command signals to the electron beam source, the one or more electron optical elements, or both, that cause the electron beam source, the one or more electron optical elements, or both, to adjust the X-Ray source spot size, the X-Ray source spot uniformity, or both, to achieve a desired X-Ray source spot size, a desired X- Ray source spot uniformity, or both. Sakai et al. disclose the use of magnetic lens and quadrupole magnet to control electron beam dimension at the target ((2.3) Beam Focusing section). It would have been obvious to one having ordinary skill in the art at the time the invention was made to further modify the source of Sakai et al. such that it incorporated the aforementioned limitations. One would have been motivated to make such a modification to ensure monitoring of an electron beam to achieve a desired focal spot characteristic. Claims 9-11 further recite limitations directed to X-ray metrology applications, measurements and/or configurations. It would have been obvious to one having ordinary skill in the art at the time the invention to employ the source of Sakai et al. in known X-ray applications according to an analysis to be performed. Claim 20 recites the collection of X-ray emission, illuminating a measurement area of a specimen, detecting radiation from the specimen and generating signals indicative of a property of a specimen. It would have been obvious to one having ordinary skill in the art at the time the invention to employ the source of Sakai et al. in known X-ray applications according to an analysis to be performed. As per claims 21 and 22, Sakai et al. as modified above disclose a source comprising one or more electromagnets, permanent magnets or both; quadrupoles; octupoles or any combination thereof (see Sakai et al. (2.3) Beam Focusing section). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY D THOMAS whose telephone number is (571)272-2496. The examiner can normally be reached M-F: 9 AM - 5 PM. 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. /COURTNEY D THOMAS/Primary Examiner, Art Unit 2884
Read full office action

Prosecution Timeline

Feb 11, 2025
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
98%
With Interview (+9.4%)
2y 0m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 932 resolved cases by this examiner. Grant probability derived from career allowance rate.

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