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 .
Response to Arguments
Rejections under 35 USC 112
Please note that the amendments of claim 1 and claim 22 have introduced a new grounds of rejection under 35 USC 112(a).
Please note that the amendments of claim 4 and 6 have introduced a new grounds of rejection under 35 USC 112(b).
Rejections under 35 USC 102 and 35 USC 103
Applicant's arguments have been fully considered. The amendment to claims 1 and 22 overcomes the rejections under 35 USC 102. However, upon further search and consideration, a new ground of rejection is made over Yanaka (JPS61131350A) in view of Chen, et. al. (US 20170263414 A1), hereinafter Chen, and EAFischione Instruments Inc. (JP 2014521976 A), hereinafter EAFischione.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) filed on 02/25/2020. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
Annulus
Cam
Cam follower
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-8, 10-11, 14-15, 19-20, and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Additionally, the claims are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 1 and 22 teach“ an annulus rotatably mounted in a substantially circular channel between the outer part and the inner part an inner part of the upper pole piece and connected to an actuator, the actuator comprising an inclined ratchet and pawl mechanism including a bearing positioned between the outer part and the inner part of the upper pole piece, the bearing being actuated by a rotatable cam on the annulus to move the inner part to linearly extend or reduce the distance between the upper pole piece and the lower pole piece, wherein a drive mechanism is used to rotate the annulus, the drive mechanism comprising one or more toothed cogs operatively connected to a set of gear teeth mounted on an outer circumference of the annulus, wherein the one or more toothed cogs are further connected to a drive shaft.”
When comparing the claim to the disclosure, the claim appears to mix elements of different embodiments of the invention. As such, the invention as claimed is NOT disclosed in any embodiment as described in the disclosure. For example, the bearing and cam are disclosed as being elements of the first embodiment described in paragraphs [0069]-[0071] and depicted in Figs. 5a and 5b. In contrast, these elements are not taught to be part of the second embodiment as disclosed in paragraphs [0072]-[0081]. Along the same lines, the annulus, inclined ratchet and pawl mechanism, toothed cogs mounted on an outer circumference of the annulus and drive shaft are disclosed as being part of a separate second embodiment in paragraphs [0072]-[0081] and depicted in Figs. 6-9. These elements are not disclosed as being a part of the first embodiment described in paragraphs [0069]-[0071] and depicted in Figs. 5a and 5b.
As a result, the disclosure does not depict or describe any invention as claimed, and the claims depict an invention that is neither the first nor second embodiment but some other invention that has not been described.
Consequently, the claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. Additionally, one of ordinary skill in the art would be unable to make or use the invention as claimed because the disclosure does not describe the invention claimed. Therefore, the claims are rejected under 35 USC 112(a).
Please amend the independent claims to depict an embodiment disclosed or to be generic to both embodiments and ensure that the dependent claims follow accordingly.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 teaches “wherein the outer part and the inner part of the upper pole piece are concentrically mounted inner part.” The sentence, particularly the end thereof, seems to lack grammatical clarity. The relationship between “concentrically mounted” and “inner part” is not indicated, and is consequently indefinite. For purposes of examination, the limitation will be interpreted as “wherein the outer part and the inner part of the upper pole piece are concentrically mounted.”
Claim 6 teaches “a bearing is mounted between a sleeve…”. It is unclear and indefinite if the “a bearing” of claim 6 is the same or different to the “a bearing” of claim 1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-5, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Yanaka, et. al. (JPS61131350A), hereinafter Yanaka (see the translated document (machine translation from Google Patents) with paragraph numbers for the references indicated. Note that a second translation of the same document without paragraph numbers is also attached (machine translation from PE2E SEARCH) in view of Chen, et. al. (US 20170263414 A1), hereinafter Chen, and EAFischione Instruments Inc. (JP 2014521976 A), hereinafter EAFischione.
Regarding claim 1, Yanaka teaches a pole piece for a transmission electron microscope (intended use), the pole piece comprising:
an upper pole piece (upper pole piece 19, upper magnetic pole outer cylinder 4, inner cylinder 5, Fig. 2, [0012]), containing a first pathway for an electron beam (hole 13a, Fig. 2),
a lower pole piece (lower pole piece 20, lower magnetic pole outer cylinder 14, and lower magnetic pole interior 15, Fig. 2, [0013]) which is coupled to the upper pole piece (the lower and upper pole pieces are coupled together in the central yoke 21 as seen in Fig. 2, [0013]) and which contains a second pathway operatively connected to the first pathway (pathway through holes 13a and 13b connected by gap between the holes as seen in Fig. 2), the upper pole piece and lower pole piece being separated by a gap between the first pathway and the second pathway (see gap between holes 13a and 13b in Fig. 2), characterized in that: the pole piece comprises a mechanism (drive mechanism, [0011]) which can extend or reduce a distance between the upper pole piece and the lower pole piece by changing a distance between the first pathway and the second pathway (“when the drive rod 7 is rotated, the crown gear 6 rotates, and the screw feeding action between the crown gear 6 and the upper magnetic pole inner cylinder 5 causes the inner cylinder to move up and down,” where the inner cylinder contains hole 13a (Fig. 2), such that the first pathway moves closer to or further from the second pathway, [0012]), wherein, the mechanism comprises
a spacer (separating piece 3, Fig. 2, [0014]) which couples an outer part of the upper pole piece to the lower pole piece (see Fig. 2 where separating piece 3 connects upper magnetic pole outer cylinder 4 to 14 of lower pole piece 20); and
an annulus (crown gear 6, [0011]) rotatably mounted in a substantially circular channel between the outer part and an inner part of the upper pole piece (“crown gear 6 is rotatably installed on the shelf 22 formed in the upper magnetic pole outer cylinder 4” and directly adjacent to inner cylinder 5, Fig. 2, [0011]) and connected to an actuator (screw 24) to linearly extend or reduce the distance between the upper pole piece and the lower pole piece (“when the drive rod 7 is rotated, the crown gear 6 rotates, and the screw feeding action between the crown gear 6 and the upper magnetic pole inner cylinder 5 causes the inner cylinder to move up and down,” [0012]),
wherein a drive mechanism (drive mechanism, [0011]) is used to rotate the annulus (“when the drive rod 7 is rotated, the crown gear 6 rotates,” [0012]), the drive mechanism comprising one or more toothed cogs (pinion 8 at tip of drive rod 7, [0011], see Fig. 2) operatively connected to a set of gear teeth mounted on an outer circumference of the annulus (crown gear 6 has gear wave that gears with the pinion 8, [0011], Fig. 2, see also the second translated document that does not have paragraph numbers that states this more clearly, in which a sentence on pg. 4, lines 7-8 reads “This crown gear 6 has a gear wave in a bottom side. It gears with Binion 8 provided at a tip of drive stick 7…”), wherein the one or more toothed cogs are further connected to a drive shaft (pinion is connected to drive rod 7 at tip of a drive rod , [0011], see Fig. 2)
Yanaka does not teach the actuator comprising an inclined ratchet and pawl mechanism including a bearing positioned between the outer part and the inner part of the upper pole piece, the bearing being actuated by a rotatable cam on the annulus to move the inner part to linearly.
Chen teaches a bearing (bearing unit 401, [0037]-[0038]) that is actuated and experiences linear motion (push rod 70 moves bearing unit either toward or away from the film linearly, [0038], Figs. 2A-2B and 3A-3B).
Yanaka in view of Chen does not teach wherein, the bearing is actuated by a rotatable cam with the bearing acting as the follower.
EAFischione teaches wherein, the bearing (operation rod 240, Fig. 3A) is actuated by a rotatable cam (cam 253, Fig. 3A) with the bearing acting as the follower (“The operating shaft 252 is engaged with the cam 253 and adjusted by rotating the cam 253 with respect to the operating rod 240.” The operating shaft is rotated by the rotary nob 248 to rotate the cam in order to linearly displace the operating rod 240.).
Chen and EAFischione modify Yanaka by suggesting a rotating cam that actuates a bearing to experience linear motion.
Since all inventions are directed to electron microscopes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Chen and EAFischione because a bearing can be actuated to move in a linear direction so as to adjust spacing as desired (Chen, [0038]) and a cam can be used as the means of actuation because cams are able to create displacement (EAFischione).
Regarding claim 4, Yanaka teaches wherein, the outer part and the inner part of the upper pole piece are concentrically mounted (upper pole piece 19 includes upper magnetic pole outer cylinder 4 and inner cylinder 5, Fig. 2, [0012]).
Regarding claim 5, Yanaka teaches wherein, the inner part is coupled to the actuator and is moveable relative to the outer part to extend or reduce the distance between the upper pole piece and the lower pole piece (inner cylinder 5 is coupled to drive mechanism and moves up and down resulting in movement towards or away from the lower pole piece, [0012]).
Regarding claim 6, Yanaka teaches a sleeve, the sleeve formed from an inner concentric surface of the outer part and an outer concentric surface of the concentrically mounted inner part (see surface between concentrically arranged outer cylinder 4 and inner cylinder 5 in Fig.2).
Although Yanaka teaches vertical motion between the outer and inner cylinder, Yanaka does not explicitly teach a bearing to aid with this vertical motion.
Chen teaches a bearing (bearing unit 401, [0037]-[0038]).
Chen modifies the combination by suggesting a bearing mounted between the sleeve of Yanaka to aid the linear motion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Chen because a bearing can be actuated to move in a linear direction so as to adjust spacing as desired (Chen, [0038]).
Regarding claim 7, Although Yanaka teaches the inner part, Yanaka does not explicitly teach wherein, the bearing acts as a cam follower, such that rotation of the cam produces linear motion of the inner part.
Chen teaches a bearing (bearing unit 401, [0037]-[0038]) that is actuated and experiences linear motion (push rod 70 moves bearing unit either toward or away from the film linearly, [0038], Figs. 2A-2B and 3A-3B).
Yanaka in view of Chen does not teach wherein, the bearing acts as a cam follower, with rotation of the cam producing linear motion.
EAFischione teaches wherein, the bearing (operation rod 240, Fig. 3A) is actuated by a rotatable cam (cam 253, Fig. 3A) with the bearing acting as the follower (“The operating shaft 252 is engaged with the cam 253 and adjusted by rotating the cam 253 with respect to the operating rod 240.” The operating shaft is rotated by the rotary nob 248 to rotate the cam in order to linearly displace the operating rod 240.).
Chen and EAFischione modify the combination by suggesting a rotating cam that actuates a bearing to experience linear motion to produce linear motion of the inner part of Yanaka.
Since all inventions are directed to electron microscopes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Chen and EAFischione because a bearing can be actuated to move in a linear direction so as to adjust spacing as desired (Chen, [0038]) and a cam can be used as the means of actuation because cams are able to create displacement (EAFischione).
Regarding claim 8, Yanaka teaches a sleeve (surface between 4 and 5 in Fig. 2).
Yanaka does not explicitly teach wherein, the bearing and sleeve have cooperating threads which allow the bearing to be rotated and moved linearly.
Chen teaches wherein, the bearing (bearing unit 401, [0037]-[0038]) and sleeve (side wall 311, [0037]-[0038]) have cooperating threads (thread structures, [0037]-[0038]) which allow the bearing to be rotated and moved linearly (Fig. 2A-2B and Fig. 3A-3B both show linear vertical movement).
Chen modifies the combination by suggesting a bearing mounted in a sleeve with cooperating threads allowing the bearing to be rotated and moved linearly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Chen because a bearing can be actuated to move in a linear direction so as to adjust spacing as desired (Chen, [0038]).
Regarding claim 22, a transmission electron microscope ( [0002]), comprising:
a pole piece that includes an upper pole piece and a lower piece (upper pole piece 19 and lower pole piece 20, Fig. 2, [0012]-[0013])
an upper pole piece (upper pole piece 19, upper magnetic pole outer cylinder 4, inner cylinder 5, Fig. 2, [0012]), containing a first pathway for an electron beam (hole 13a, Fig. 2);
a lower pole piece (lower pole piece 20, lower magnetic pole outer cylinder 14, and lower magnetic pole interior 15, Fig. 2, [0013]) coupled to the upper pole piece (the lower and upper pole pieces are coupled together in the central yoke 21 as seen in Fig. 2, [0013]) and containing a second pathway operatively connected to the first pathway (pathway through holes 13a and 13b connected by gap between the holes as seen in Fig. 2), wherein the upper pole piece and the lower pole piece are separated by a gap between the first pathway and the second pathway (see gap between holes 13a and 13b in Fig. 2), and;
a mechanism (drive mechanism, [0011]) configured to extend or reduce a distance between the upper pole piece and the lower pole piece by changing a distance between the first pathway and the second pathway (“when the drive rod 7 is rotated, the crown gear 6 rotates, and the screw feeding action between the crown gear 6 and the upper magnetic pole inner cylinder 5 causes the inner cylinder to move up and down,” where the inner cylinder contains hole 13a (Fig. 2), such that the first pathway moves closer to or further from the second pathway, [0012]), wherein, the mechanism comprises
a spacer (separating piece 3, Fig. 2, [0014]) which couples an outer part of the upper pole piece to the lower pole piece (see Fig. 2 where separating piece 3 connects upper magnetic pole outer cylinder 4 to 14 of lower pole piece 20); and
an annulus (crown gear 6, [0011]) rotatably mounted in a substantially circular channel between the outer part and an inner part of the upper pole piece (“crown gear 6 is rotatably installed on the shelf 22 formed in the upper magnetic pole outer cylinder 4” and directly adjacent to inner cylinder 5, Fig. 2, [0011]) and connected to an actuator (screw 24), the actuator being actuated to move the inner part to linearly extend or reduce the distance between the upper pole piece and the lower pole piece (“when the drive rod 7 is rotated, the crown gear 6 rotates, and the screw feeding action between the crown gear 6 and the upper magnetic pole inner cylinder 5 causes the inner cylinder to move up and down,” [0012]); and
a drive mechanism (drive mechanism, [0011]) configured to rotate the annulus (“when the drive rod 7 is rotated, the crown gear 6 rotates,” [0012]), the drive mechanism comprising one or more toothed cogs (pinion 8 at tip of drive rod 7, [0011], see Fig. 2) operatively connected to a set of gear teeth mounted on an outer circumference of the annulus (crown gear 6 has gear wave that gears with the pinion 8, [0011], Fig. 2, see also the second translated document that does not have paragraph numbers that states this more clearly, in which a sentence on pg. 4, lines 7-8 reads “This crown gear 6 has a gear wave in a bottom side. It gears with Binion 8 provided at a tip of drive stick 7…”), wherein the one or more toothed cogs are further connected to a drive shaft (pinion is connected to drive rod 7 at tip of a drive rod, [0011], see Fig. 2)
Yanaka does not teach the actuator comprising an inclined ratchet and pawl mechanism including a bearing positioned between the outer part and the inner part of the upper pole piece, the bearing being actuated by a rotatable cam on the annulus to move the inner part to linearly.
Chen teaches a bearing (bearing unit 401, [0037]-[0038]) that is actuated and experiences linear motion (push rod 70 moves bearing unit either toward or away from the film linearly, [0038], Figs. 2A-2B and 3A-3B).
The combination does not teach wherein, the bearing is actuated by a rotatable cam with the bearing acting as the follower.
EAFischione teaches wherein, the bearing (operation rod 240, Fig. 3A) is actuated by a rotatable cam (cam 253, Fig. 3A) with the bearing acting as the follower (“The operating shaft 252 is engaged with the cam 253 and adjusted by rotating the cam 253 with respect to the operating rod 240.” The operating shaft is rotated by the rotary nob 248 to rotate the cam in order to linearly displace the operating rod 240.).
Chen and EAFischione modify the combination by suggesting a rotating cam that actuates a bearing to experience linear motion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Chen and EAFischione because a bearing can be actuated to move in a linear direction so as to adjust spacing as desired (Chen, [0038]) and a cam can be used as the means of actuation because cams are able to create displacement (EAFischione).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Yanaka (JP S61131350A) in view of Chen (US 20170263414 A1) and EAFischione (JP 2014521976 A), further in view of Gutter (US 3164170A) and Knippelmeyer (KR 20080112189A).
Regarding claim 10, Yanaka teaches an outer part of the upper pole piece (upper magnetic pole outer cylinder 4, Fig. 2, [0012]) and the pawl mechanism comprises an engaging lower surface of the annulus (crown gear 6 has a gear wave on the lower surface, [0011]).
The combination does not teach wherein, the inclined ratchet comprises a stepped surface of the outer part of the upper pole piece.
Gutter teaches an inclined ratchet (Gutter, ratchet wheel 9, Para. (25), Fig. 1).
Knippelmeyer teaches a stepped surface of the pole piece (“the surface of the third pole piece (facing the object surface) is stepped”, [0062]).
Knippelmeyer modifies the combination by suggesting an inclined ratchet such that the ratchet is the stepped surface of the outer part of the upper pole piece.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Knippelmeyer because the stepped surface “accommodate[s] a transition from the first distance to the second distance,” (Knippelmeyer, [0062]), and the teachings of Gutter because the ratchet and pawl allows for mechanical displacement, (Gutter, Para. (25)).
Regarding claim 11, Yanaka teaches a distance between the upper pole piece and lower pole piece and a gap between the first channel and the second channel (Yanaka, see gap between holes 13a and 13b/upper pole piece 19 and lower pole piece 20 in Fig. 2).
The combination does not teach wherein, the stepped surface comprises a plurality of steps, a height of the steps on the stepped surface defines discrete values of a size of the distance between the upper pole piece and the lower pole piece and therefore, a gap between the first channel and the second channel.
Knippelmeyer teaches wherein, the stepped surface comprises a plurality of steps (163IP and 163OP of third pole piece 163, [0136], Fig. 2), a height of the steps on the stepped surface define discrete values of a size of the distance (first distance and second distance are defined by heights of the steps 163IP and 163OP, [0062], [0136], Fig. 2).
Knippelmeyer modifies the combination by suggesting a stepped surface where the steps define discrete distances corresponding to distances between the upper pole piece and the lower pole piece.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Knippelmeyer because the stepped surface “accomodate[s] a transition from the first distance to the second distance,” (Knippelmeyer, [0062]).
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yanaka (JP S61131350A) in view of Chen (US 20170263414 A1) and EAFischione (JP 2014521976 A), further in view of Shuji (US 20170133197 A1).
Regarding claim 14, Yanaka teaches a drive shaft (drive rod 7, [0012]).
Yanaka fails to explicitly teach wherein, the drive shaft is manually operable.
Shuji teaches wherein, the drive shaft (transfer rod 22a or 22b) is manually operable (transfer rod may be manually manipulated, [0080]).
Shuji modifies the combination by suggesting a drive shaft that is manually operable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Shuji because the manual manipulation allows the shaft to be moved as desired, (Shuji, [0078]-[0080])
Regarding claim 15, Yanaka teaches a drive shaft (drive rod 7, [0012]).
Yanaka fails to explicitly teach wherein, the drive shaft is machine operable.
Shuji teaches wherein, the drive shaft (transfer rod 22a or 22b) is machine operable (transfer rod movement is controlled by controller 40, [0078]-[0080]).
Shuji modifies the combination by suggesting a drive shaft that is machine operable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Shuji because the controller’s control of the shaft movement allows the shaft to be moved as desired, (Shuji, [0078]-[0080])
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yanaka (JP S61131350A) in view of Chen (US 20170263414 A1) and EAFischione (JP 2014521976 A), further in view of Moebus, et. al. (US 20110253905 A1), herein after Moebus.
Regarding claim 19, Yanaka teaches the upper pole piece and the lower pole piece (upper pole piece 19 and lower pole piece 20).
Yanaka fails to teach wherein a switch/trigger monitors the position of the upper pole piece or the lower pole piece.
Moebus teaches wherein a switch/trigger (position sensor 590, [0146]-[0147]) monitors the position of the shaft and connected sample holder (output of position sensor 590 corresponds to rotational position of shaft 540 such that position of shaft and consequently sample holder 510 is in a prescribed position at a given moment in time, [0148]-[0149]).
Moebus modifies the combination by suggesting a switch/trigger that can be used to monitor the position of the upper and/or lower pole piece.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Moebus because “[t]he presence of the position sensor 590 has the advantage that an operator may be confident that the shaft 540 (and consequently the sample holder 510) is in a prescribed position at a given moment in time,” allowing for accurate positional monitoring (Moebus, [0149]), where the holder assembly and sample in the case of Moebus could be replaced by the upper and lower pole pieces in the case of Yanaka.
Regarding claim 20, Yanaka teaches the upper pole piece and the lower pole piece (upper pole piece 19 and lower pole piece 20).
Yanaka fails to teach wherein access is provided for a camera or similar device to observe the position of the upper pole piece or the lower pole piece.
Moebus teaches wherein access is provided for a camera or similar device to observe the position of the sample, sample holder or holder assembly (“images of the sample or of a portion of the sample holder or any other suitable part of the holder assembly as viewed under the microscope may be recorded and used to provide information on a current position of the sample,” [0152]).
Moebus modifies the combination by suggesting a camera or similar device for monitoring position to be used for monitoring the position of the upper and lower pole piece.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Moebus because “The information [[from the image]] may be used subsequently to control the holder assembly to move the sample to a required position, and/or maintain the sample in a required position,” (Moebus, [0152]) where the holder assembly and sample in the case of Moebus could be replaced by the upper and lower pole pieces in the case of Yanaka.
Conclusion
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LAURA E TANDY
Examiner
Art Unit 2881
/DAVID E SMITH/ Examiner, Art Unit 2881