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
Objections to the Drawings
Applicant’s arguments, pgs. 1-2, filed 05/26/2026, with respect to the objection to the drawings have been fully considered and are persuasive. The objection to the drawings has been withdrawn.
Rejections under 35 USC 112(a)
Applicant’s arguments, see pgs.2-3, filed 05/26/2026, with respect to the rejections under 35 USC 112(a) have been fully considered, and, in view of the amendments to claims 1 and 22, are persuasive. The rejections of claims 1, 4-5, 14-15, 19-20, and 22 have been withdrawn.
Applicant's arguments, see pg. 3, filed 05/26/2026, with respect to the rejections under 35 USC 112(a) of claims 6-8 have been fully considered but they are not persuasive.
Applicant states on pg. 3 that “amended indendent claim 1 is generic to both embodiments identified by the Office Action” but has failed to explain how claim 1 is generic to both embodiments. There is no embodiment described which contains both the actuator comprising the inclined ratchet and pawl mechanism and driving mechanism comprising toothed cogs and gear teeth of claim 1 AND the bearing, cam, cam follower, and cooperating threads of claims 6, 7, and 8, respectively, all of which depend from claim 1, and contain the elements of claim 1. As stated in the previous Office Action, filed 11/26/2025, 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.
Rejections under 35 USC 112(b)
Applicant’s arguments, see pgs.3-4, filed 05/26/2026, with respect to the rejections under 35 USC 112(b) have been fully considered and are persuasive. The rejections of claims 4 and 6 have been withdrawn.
A new rejection under 35 USC 112(b) is made of claim 7. See below.
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.
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.
Claim 7 is 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 7 recites the limitation "the cam". There is insufficient antecedent basis for this limitation in the claim.
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 6-8 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.
Claim 6 recites “a bearing is mounted between 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.” Claim 7 recites “wherein the bearing acts as a cam follower, such that rotation of the cam produces linear motion of the inner part.” Claim 8 recites “wherein, the bearing and sleeve have cooperating threads which allow the bearing to be rotated and moved linearly.” The limitations and elements claimed in claims 6-8
When comparing the claims to the disclosure, the claims 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.
There is no embodiment described which contains both the actuator comprising the inclined ratchet and pawl mechanism and driving mechanism comprising toothed cogs and gear teeth of claim 1 AND the bearing, cam, cam follower, and cooperating threads of claims 6, 7, and 8, respectively, all of which depend from claim 1, and contain the elements of claim 1.
As a result, the disclosure does not depict or describe the invention as claimed in claims 6, 7, and 8, 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).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 Jackson, et. al. (US 20140109316 A1), hereinafter Jackson.
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 rotatably mounted in a substantially circular channel between the outer part and an inner part of the upper pole piece (crown gear 6, [0011], Fig. 2, “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) and connected to an actuator comprising a screw feeding action between a surface on the lower side of the annulus and an engaging surface formed on an upper surface of the upper pole piece in the channel between the outer part and the inner part of the upper pole piece, such that rotation of the annulus causes the surface on the lower side of the annulus to act against the engaging surface to extend or reduce the distance between the upper pole piece and the lower pole piece (screw feeding action between crown gear 6 and upper magnetic pole inner cylinder 5 that causes inner cylinder to move up and down, [0012]), wherein a drive mechanism (mechanism of drive rod 7 with pinion 8 to act on crown gear 6, [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], 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], Fig. 2).
Yanaka does not teach the actuator comprising an inclined ratchet and pawl mechanism, wherein the inclined ratchet comprises a stepped surface, and wherein the stepped surface and engaging surface provide a plurality of discrete preset gap distances.
Jackson teaches an actuator comprising an inclined ratchet and pawl mechanism, wherein the inclined ratchet comprises a stepped surface, and wherein the stepped surface and engaging surface provide a plurality of discrete preset gap distances (ratchet/stepped mechanism of the vertical translation subassemblies 20, [0598]).
Jackson modifies Yanaka by suggesting replacing the actuation mechanism of Yanaka (a screw feeding mechanism) with an inclined ratchet and pawl mechanism with a stepped surface acting as the inclined ratchet to provide a plurality of discrete preset gap distances.
Since Jackson is concerned with solving the same problem as the instant invention, that of providing a mechanism to mechanically move two components of a system apart or closer together, Jackson is analogous art. 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 Jackson because Jackson provides an actuation mechanism that allows for vertical translation such that an element can be lifted or lowered at discrete intervals (Jackson, [0598]).
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 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]-[0012]) 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 rotatably mounted in a substantially circular channel between the outer part and an inner part of the upper pole piece (crown gear 6, [0011], Fig. 2, “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) and connected to an actuator comprising a screw feeding action between a surface on the lower side of the annulus and an engaging surface formed on an upper surface of the upper pole piece in the channel between the outer part and the inner part of the upper pole piece, such that rotation of the annulus causes the surface on the lower side of the annulus to act against the engaging surface to extend or reduce the distance between the upper pole piece and the lower pole piece (screw feeding action between crown gear 6 and upper magnetic pole inner cylinder 5 that causes inner cylinder to move up and down, [0012]), wherein a drive mechanism (mechanism of drive rod 7 with pinion 8 to act on crown gear 6, [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], 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], Fig. 2).
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, wherein the inclined ratchet comprises a stepped surface, and wherein the stepped surface and engaging surface provide a plurality of discrete preset gap distances.
Jackson teaches an actuator comprising an inclined ratchet and pawl mechanism, wherein the inclined ratchet comprises a stepped surface, and wherein the stepped surface and engaging surface provide a plurality of discrete preset gap distances (ratchet/stepped mechanism of the vertical translation subassemblies 20, [0598]).
Jackson modifies Yanaka by suggesting replacing the actuation mechanism of Yanaka (a screw feeding mechanism) with an inclined ratchet and pawl mechanism with a stepped surface acting as the inclined ratchet to provide a plurality of discrete preset gap distances.
Since Jackson is concerned with solving the same problem as the instant invention, that of providing a mechanism to mechanically move two components of a system apart or closer together, Jackson is analogous art. 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 Jackson because Jackson provides an actuation mechanism that allows for vertical translation such that an element can be lifted or lowered at discrete intervals (Jackson, [0598]).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yanaka (JP S61131350A) and Jackson (US 20140109316 A1), in view of Shuji (US 20170133197 A1).
Regarding claim 14, Yanaka teaches a drive shaft (drive rod 7, [0012]).
Yanaka in view of Jackson 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 automatically and as desired, (Shuji, [0078]-[0080]).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yanaka (JP S61131350A) and Jackson (US 20140109316 A1), 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 in view of Jackson 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 because the position sensor of Moebus aims to solve the same problem that the switch/trigger of the instant invention aims to solve.
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 of Yanaka.
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 because the imaging device of Moebus aims to solve the same problem that the camera or similar device of the instant invention aims to solve.
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 LAURA E TANDY whose telephone number is (703)756-1720. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at 5712722293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAURA E TANDY
Examiner
Art Unit 2881
/DAVID E SMITH/Examiner, Art Unit 2881
Prosecution Insights