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/Restrictions
Newly submitted claims 50-52 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: group I, claims 16-25 filed on 3/25/2021, and group IV, newly presented claims 50-52, lack unity of invention because even though the inventions of these groups require the technical feature of a channel having a port connectable to a chamber; a carrier member configured to carry a sample and move the carrier member towards the port in response to the pressure differential, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Yamazaki et al (US 20130168549 A1; hereinafter “Yamazaki”; already of record filed on 4/8/2024). Yamazaki a sample insertion system (Yamazaki; Abstract; system to evacuate a sample holder into the electron optical column), comprising a channel having a port connectable to a chamber (Yamazaki; Fig. 4, Image 1; examiner interprets the channel to be the interior of the chamber 2 as shown below in Image 1 and the chamber comprising the electron optical column and goniometer, the port is interpreted as the section that extends from the chamber 2 connecting to the optical column);a carrier member configured to carry a sample (Yamazaki; Fig. 2A, 3A; para [6, 48]; The sample 3 and the leaf springs 6 together form a sample holding portion. The sample holding portion and the rod 9 together form a sample holder… a sample holding portion (sample holder) 30; examiner interprets the carrier member to be the sample holder which is contained in the sealing element as seen in Fig. 2A, 2B) and move the carrier member towards the port in response to the pressure differential (Yamazaki; Fig. 4, 7; para [14, 16, 29]; the partition valve 11 is opened and the sample 3 is moved into the front-end portion…. a flowchart illustrating a pumping sequence for a conventional goniometer… pumping system for a sample holder in a sample holder system for inserting a sample into the electron optical column of a microscope… the sample holder system further includes first pumping means for evacuating the goniometer until its inside reaches a given low vacuum state while the pressure inside the hermetic sample chamber is kept constant by the pumping control means).
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 50-52 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added 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.
Response to Amendment
The amendments and remarks, filed on 12/24/2025, has been entered. Applicant’s arguments are not found to be persuasive and the prior art rejection stands.
Claim Status
Claims 16-25 and 50-52 are pending with claims 16-25 being examined and claims 50-52 are withdrawn.
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.
Claim(s) 16-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamazaki et al (US 20130168549 A1; hereinafter “Yamazaki”; already of record filed on 4/8/2024).
Regarding claim 16, Yamazaki teaches a sample insertion system (Yamazaki; Abstract; system to evacuate a sample holder into the electron optical column), comprising
a channel having an axis and a port connectable to a chamber (Yamazaki; Fig. 4, Image 1; examiner interprets the channel to be the interior of the chamber 2 as shown below in Image 1 and the chamber comprising the electron optical column and goniometer, the port is interpreted as the section that extends from the chamber 2 connecting to the optical column; the examiner interprets the axis as line/plane where the carrier is moving towards the goniometer);
a sealing element inside the channel and comprising a carrier member, the sealing element sealing off a volume of the channel from a rest of the channel (Yamazaki; Fig. 4; para [7, 48]; The sample is kept isolated and shut off from the outside atmosphere by sealing off the hermetic sample chamber 2 with a partition valve 11. The seal cap 4 seals the front end of the sample holder…a sample holding portion (sample holder) 30; examiner interprets the sealing element to comprise the hermetic sample chamber 2 and the partition valve 11. Thus, part of the channel volume is sealed off from the rest of the channel as Yamazaki teaches that the sample is kept shut off from the outside atmosphere and a “volume of the channel” is sealed off from the rest when the sample is moved as seen in Fig. 1E and 1F; examiner interprets the carrier member to be the sample holder which is contained in the sealing element as seen in Fig. 2A, 2B); and
a vacuum device to decrease a pressure in the rest of the channel (Yamazaki; Fig. 4; para [26, 29, 55]; Pumping control means for controlling a vacuum pumping sequence is mounted…the pumping control means 21 opens the adjusting valve of an oil-sealed rotary pump (not shown) and continues the pumping until the inside of the goniometer 15 reaches the given low vacuum),
wherein the carrier member is configured to carry a sample (Yamazaki; Fig. 2A, 3A; para [6, 48]; The sample 3 and the leaf springs 6 together form a sample holding portion. The sample holding portion and the rod 9 together form a sample holder… a sample holding portion (sample holder) 30; examiner interprets the carrier member to be the sample holder which is contained in the sealing element as seen in Fig. 2A, 2B),
wherein the sealing element is configured to move the carrier member along the axis towards the port in response to the pressure in the rest of the channel decreasing below a pressure in the volume of the channel sealed-off by the sealing element, so that a pressure difference is created between the volume of the channel sealed-off by the sealing element and the rest of the channel, resulting in a force acting on the sealing element and directed along the axis towards the port (Yamazaki; Fig. 4, 7; para [14, 16, 29]; the partition valve 11 is opened and the sample 3 is moved into the front-end portion…. a flowchart illustrating a pumping sequence for a conventional goniometer… pumping system for a sample holder in a sample holder system for inserting a sample into the electron optical column of a microscope… the sample holder system further includes first pumping means for evacuating the goniometer until its inside reaches a given low vacuum state while the pressure inside the hermetic sample chamber is kept constant by the pumping control means). The examiner notes that the sealing element is moved by the pressure difference as the sample is moved towards the goniometer, which has lower pressure, from the hermetic chamber, which has higher pressure. The movement of the sealing element moves the sample holder along the axis in the direction of the goniometer.
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Image 1. Annotated image of Fig. 4.
Regarding claim 17, Yamazaki teaches the system of claim 16, wherein the carrier member is movable along the axis towards the port in response to the pressure in the channel decreasing below the pressure in the volume sealed-off by the sealing element (Yamazaki; para [26]; The sample is loaded into the hermetic sample chamber. The sample holder system excluding the hermetic sample chamber is brought to atmospheric state. The seal cap is removed from the sample holder. The holder is set to an electron microscope goniometer. Pumping control means for controlling a vacuum pumping sequence is mounted. The inside of the goniometer is evacuated to a given low vacuum state while the pressure inside the hermetic sample chamber is kept constant by the pumping control means. Then, the partition valve of the hermetic sample chamber is opened by the pumping control means to bring the sample chamber to the aforementioned low vacuum state. Subsequently, the goniometer and the hermetic sample chamber are brought to a high vacuum state by the pumping control means. The sample is then moved into the front-end portion of the goniometer. The sample holder is inserted into the electron optical column).
Regarding claim 18, Yamazaki teaches the system of claim 16, wherein the sealing element is extendable along the axis to move the carrier member towards the port in response to the pressure in the channel decreasing below the pressure in the volume sealed-off by the sealing element (Yamazaki; para [26]; The sample is loaded into the hermetic sample chamber. The sample holder system excluding the hermetic sample chamber is brought to atmospheric state. The seal cap is removed from the sample holder. The holder is set to an electron microscope goniometer. Pumping control means for controlling a vacuum pumping sequence is mounted. The inside of the goniometer is evacuated to a given low vacuum state while the pressure inside the hermetic sample chamber is kept constant by the pumping control means. Then, the partition valve of the hermetic sample chamber is opened by the pumping control means to bring the sample chamber to the aforementioned low vacuum state. Subsequently, the goniometer and the hermetic sample chamber are brought to a high vacuum state by the pumping control means. The sample is then moved into the front-end portion of the goniometer. The sample holder is inserted into the electron optical column).
Regarding claim 19, Yamazaki teaches the system of claim 16, wherein the sealing element is configured to seal off the volume in a gas-tight manner (Yamazaki; para [10]; the sample 3 can be brought into the hermetic sample chamber 2 by moving a rod 15 holding the sample through the hermetic inside of the rod 9 to the right as viewed in the figure. As a result, the inside of the hermetic sample chamber 2 can hold the sample 3, and can be maintained as a vacuum or filled with an inert gas).
Regarding claim 20, Yamazaki teaches the system of claim 16, wherein the sealing element further comprises a sleeve member connected to the carrier member, and wherein the carrier member and the sleeve member in combination seal the volume sealed-off by the sealing element in a gas-tight manner (Yamazaki; para [10]; the sample 3 can be brought into the hermetic sample chamber 2 by moving a rod 15 holding the sample through the hermetic inside of the rod 9 to the right as viewed in the figure. As a result, the inside of the hermetic sample chamber 2 can hold the sample 3, and can be maintained as a vacuum or filled with an inert gas). Examiner interprets the sleeve member as the rod 9.
Regarding claim 21, Yamazaki teaches the system of claim 20, wherein the channel has an elongated shape along an axis traversing the port (Yamazaki; Fig. 2A, 2B, Image 1; examiner notes that the channel is elongated in the direction towards the electron optical column 20, and a portion is traverse past the port interpreted as partition valve 11), wherein the sleeve member is extendable and retractable along the axis, and wherein the carrier member is movable along the axis (Yamazaki; para [7]; The rod 9 is used to transport the whole sample holding portion).
Regarding claim 22, Yamazaki teaches the system of claim 21, where the carrier member is provided as a gas-impermeable plate-like structure arranged perpendicular to the axis of the channel, or parallel to the port of the channel (Yamazaki; Fig. 2A; para [59]; the sample holder 30 is made of beryllium). Examiner notes that the sample holder is made of beryllium, and metals are well-known in the art to be impermeable to gases. Additionally, the limitation “plate-like” structure does not limit the overall shape of the sample holder, thus the sample holder is positioned in the channel and would be perpendicular/parallel to the port of the channel based on the orientation as placed by a user.
Regarding claim 23, Yamazaki teaches the system of claim 16, further comprising a retracting device (Yamazaki; para [52]; knob 8) configured to retract carrier member along the axis in a direction opposite to the force caused by the pressure difference between the volume sealed-off by the sealing element and the rest of the channel, wherein the sealing element is coupled to the retracting device (Yamazaki; para [52]; the front end of the sample is moved into the holder/hermetic sample chamber 2 using the knob 8, the partition valve 11 is closed, and the hermetic sample chamber 2 is closed).
The limitation is directed to the function and/or the manner of operating the retracting device, all the structural limitations of the claim has been disclosed Yamazaki and the retracting device of Yamazaki is capable of “configured to retract the sealing element in a direction opposite to a force caused by a pressure difference between the volume sealed-off by the sealing element and the channel”. As such, it is deemed that the claimed retracting device is not differentiated from the retracting device of Yamazaki (see MPEP §2114).
Regarding claim 24, Yamazaki teaches the system of claim 16, further comprising a housing to enclose the channel in a gas-tight manner, the housing comprising an access port to the channel (Yamazaki; Fig. 1A; para [48]; The inside of the glove box 1 is maintained in a vacuum or filled with an inert gas).
Regarding claim 25, Yamazaki teaches the system of wherein the channel has an elongated shape with a circular cross-section, polygonal cross-section or a combination thereof (Yamazaki; Fig. 2A, 4, Image 1; examiner notes that the channel inherently comprises a polygonal cross-section because the structures are 3-dimensional), wherein the channel linearly extends from the port (Yamazaki; Fig. 2A, 4, Image 1).
Response to Arguments
Applicant's arguments have been fully considered, and the arguments are not found to be persuasive. The non-persuasive arguments are addressed below.
In the applicant’s arguments, on pp 5, the applicant argues that the prior art fails to disclose “a sealing element inside the channel and comprising a carrier member moveably disposed along the axis”. The examiner respectfully disagrees. Specifically, applicant argues that Yamazaki does not teach the sample moving along the axis. The examiner notes that the sample is moved in the direction towards the goniometer as described above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duane Smith can be reached at (571)272-1116. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.Q.L./Examiner, Art Unit 1796
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796