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
Applicant's arguments filed January 14th, 2026 have been fully considered but they are not persuasive.
Regarding the amendment to claim 19 and the rejection under 35 USC § 101, the remarks and amendment do correct the claim under these grounds and the 35 USC § 101 rejection of claim 19 is overcome.
Regarding the rejection of claims 12-13, 18, and 20-22 under 35 USC § 103, the Applicants remarks are not persuasive. Applicant argues that claim 12 is directed to the movement of a sample holder. Indeed, this is case and such teaching for sample holder movement was the impetus for relying on ‘646 to demonstrate such sample movement supplementing the piezoelectric stage in ‘171. ‘646 is relied upon to merely show what the conventional stage may accomplish in terms of movement. One of ordinary skill with the art relied upon in hand could concoct any set of discrete movement steps because the nature of a piezoelectric stage is to allow one of ordinary skill to scan a sample as desired.
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Note in the Fig. above from ‘646. Let the right side of the sample show be the target position. The indicated scan pattern begins towards the target, then away, then back towards. So, the allegation that the prior art does not show that which is claimed is not persuasive.
As a result, claims 12, 13, 18, and 20-22 stand rejected under 35 USC § 103 for the reasons previously made of record.
Additionally, applicants amendment to claim 19 necessitates the inclusion of claim 19 in the above rejection such that claim 19 is now also rejected for the same rationale applied to claim 12.
The reasons for indicating allowable subject matter of claims 14-17 similar stand.
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 DAVID A VANORE whose telephone number is (571)272-2483. The examiner can normally be reached Monday to Friday 7AM to 6 PM.
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DAVID A. VANORE
Primary Examiner
Art Unit 2881
/DAVID A VANORE/ Primary Examiner, Art Unit 2881