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
Claim Interpretation
Claims 1, 2, and 28 invoke 112(f) for reciting the term “loading device.”
Claims 1, 8, and 28 invoke 112(f) for reciting the term “pressure adjuster.”
Claims 1, 9-10, and 28 invoke 112(f) for reciting the term “temperature adjuster.”
Claim 3 invokes 112(f) for reciting the term “driver device.”
Rejections under 35 USC 112(b)
The amendment to claim 1 overcomes the rejection of claim 1 under 35 USC 112(b), therefore the rejection is withdrawn.
Rejections under 35 USC §112(a)
Claims 3 and 4 have been amended to teach a “driver device.” The rejection under 35 USC 112(a) is withdrawn because the specification discloses a driver device, and provides adequate structure for accomplishing the claimed function as it is interpreted under 35 USC 112(f) in claim 3.
Rejections under 35 USC 101
Claim 24 which was rejected under 35 USC 101 has been cancelled. Consequently, the rejection of claim 24 under 35 USC 101 is withdrawn.
Rejections under 35 USC §103
Applicant’s arguments, see pg.2, filed 09/16/2025, with respect to the rejection(s) of claim(s) 1 and its dependent claims under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Pichumani, et. al. (US 11604212 B1).
Applicant’s arguments, see pg.3, filed 09/16/2025, with respect to the rejection(s) of claim 26 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Neelisetty, et. al. (US 20230132874 A1).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a loading device configured to electrically charge and/or electrically discharge the sample when held in the vacuum chamber by the sample manipulator” in claim 1
The loading device will be interpreted as described on p. 4, lines 22-25 as “electrode terminals, which are electrically connectable to surface electrodes of the sample…and which are electrically connectable to a driver device of the loading device” and on p. 5, lines 5-8 as comprising “a current source and/or a current sink” and further comprising “electrical lines connecting the electrode terminals to the current source and/or the current sink”
“a pressure adjusting device configured to exert an adjustable mechanical pressure on the sample when held in the vacuum chamber by the sample manipulator” in claim 1
The pressure adjusting device will be interpreted as described on p. 5, lines 19-22 of the specification, as “a first plate for contacting with a surface portion of the sample, a second plate for contacting with a second surface portion of the sample, and a drive configured to move the first plate and the second plate towards and away from one another.”
“a temperature adjusting device configured to variably adjust a temperature of the sample when held in the vacuum chamber by the sample manipulator” in claim 1
The temperature adjusting device is interpreted as an electrothermal/Peltier element, as described on p. 6, line 27 of the specification
“the loading device is configured to charge and/or to discharge the sample with a C-factor of at least 1/h” in claim 2
The loader will be interpreted as described on p. 4 lines 22-25 and p. 5, lines 5-8.
“a driver device” in claim 3
The driver device will be interpreted as described on p. 6, lines 6-7 of the specification, as “an electrical circuit for providing an electric current to an electric motor.” It will not be interpreted as “a hydraulic device for providing hydraulic pressure to a hydraulic press” because “a hydraulic device” does not provide adequate structure for accomplishing the function of providing hydraulic pressure to a hydraulic press.
“the pressure adjusting device is configured to exert a pressure of at least 10 MPa” in claim 8
The pressure adjusting device will be interpreted as described on p. 5, lines 19-22 of the specification
“the temperature adjusting device is configured to heat and/or to cool the sample” in claim 9
The temperature adjusting device is interpreted as an electrothermal/Peltier element, as described on p. 6, line 27 of the specification
“the temperature adjusting device is configured to indirectly change the temperature of the sample by adjusting a temperature of a heat- conducting body that is in contact with the sample” in claim 10
The temperature adjusting device is interpreted as an electrothermal/Peltier element, as described on p. 6, line 27 of the specification
“the loading process is performed by a loading device of the battery manipulator, the loading device being configured to electrically charge and/or electrically discharge the battery arranged on the battery manipulator” in claim 28
The loading device will be interpreted as described on p. 4, lines 22-25 as “electrode terminals, which are electrically connectable to surface electrodes of the sample…and which are electrically connectable to a driver device of the loading device” and on p. 5, lines 5-8 as comprising “a current source and/or a current sink” and further comprising “electrical lines connecting the electrode terminals to the current source and/or the current sink”
“exerting the mechanical pressure is performed by a pressure adjusting device of the battery manipulator, the pressure adjusting device being configured to exert an adjustable mechanical pressure on the battery arranged on the battery manipulator” in claim 28
The pressure adjusting device will be interpreted as described on p. 5, lines 19-22 of the specification, as “a first plate for contacting with a surface portion of the sample, a second plate for contacting with a second surface portion of the sample, and a drive configured to move the first plate and the second plate towards and away from one another.”
“adjusting the temperature of the battery is performed by a temperature adjusting device of the battery manipulator, the temperature adjusting device being configured to variably adjust the temperature of the battery arranged on the battery manipulator” in claim 28
The temperature adjusting device is interpreted as an electrothermal/Peltier element, as described on p. 6, line 27 of the specification
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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, 3-7, and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Haneda, et. al. (US 20220277923), hereinafter Haneda (Note that Haneda is the same as Azuma from the previous office actions, just renamed to reflect the first named inventor for clarity), in view of Pichumani, et. al. (US 11604212 B1), hereinafter Pichumani (Note that Pichumani is the same as Davidson from the previous office actions, just renamed to reflect the first named inventor for clarity).
Regarding claim 1, Haneda teaches a system, comprising:
a particle beam microscope (charged particle beam apparatus, [0010], [0061], Fig. 3) comprising a vacuum chamber (preparation chamber 28 and observation chamber 29 are maintained at vacuum, [0064], Fig. 3) and a detector configured to detect interaction products of an interaction between a sample in the vacuum chamber and a particle beam of charged particles generated by the particle beam microscope (detector 27, [0068], Fig. 3);
a sample manipulator configured to hold and manipulate the sample in the vacuum chamber (sample holder HL holds sample SAM in 29, [0063]-[0064], Figs. 1-8); and
wherein:
the sample manipulator is configured so that the particle beam is impingeable on the sample when held in the vacuum chamber by the sample manipulator (electron beam EB is impingeable on SAM when held in 29 by HL, as seen in Fig. 3); and
the sample manipulator comprises:
a loading device configured to electrically charge and/or electrically discharge the sample when held in the vacuum chamber by the sample manipulator (fixed electrodes 4a and 4b, movable electrode 5, with wiring 11 and wiring members 10, connecting the electrodes to power supply 9, which contains a control circuit that the can control the current. [0043]-[0046], Fig. 2);
a pressure adjusting device configured to exert an adjustable mechanical pressure on the sample when held in the vacuum chamber by the sample manipulator (right face of fixed electrode 4b contacting left side of sample SAM, left face of movable electrode 5 contacting right side of sample SAM, and pressure applying member 6, as seen in Fig. 2 are interpreted to make up the pressure adjuster as claimed and as interpreted by 112(f), [0037]-[0039]) ([0039], Fig. 2),
Although Haneda teaches a sample held in the vacuum chamber by the sample manipulator, Haneda fails to teach a temperature adjusting device configured to variably adjust a temperature of the sample. Further, Haneda does not explicitly teach a controller coupled to the particle beam microscope via a communication and supply connection and configured to control the particle beam microscope and the controller is further configured to control the loading device, the pressure adjusting device and the temperature adjusting device.
Pichumani teaches a temperature adjuster configured to variably adjust a temperature of the sample when held by the sample manipulator (Col. 9, lines 23-44). Further, Pichumani teaches a controller coupled to the particle beam microscope via a communication and supply connection and configured to control the particle beam microscope and the controller is further configured to control the sample holder (system 700 in Fig. 7 controls the sample holder, including the temperature control of such, and the particle beam microscope. Col. 6, line 8-Col. 7 line 8).
Pichumani modifies Haneda by suggesting a temperature adjusting device in the form of a thermoelectric element that is able to variably adjust the temperature of the sample. Pichumani further modifies Haneda by suggesting a controller than controls the particle beam microscope as well as the sample holder, including the loading device, pressure adjusting device, and the temperature adjusting device.
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 Pichumani because a thermoelectric element allows the sample holder to adjust the temperature of a sample, (Pichumani, Col. 9, lines 23-44) and because a controller is an obvious improvement that allows for automation and control of the whole system, (Pichumani, Col. 6, line 8-Col. 7, line 8).
Regarding claim 3, Haneda teaches wherein the loading device comprises electrode terminals electrically connectable to surface electrodes of the sample via contact with the surface electrodes of the sample (fixed electrodes 4a and 4b and movable electrode 5), the electrode terminals being electrically connectable to a driver device of the loading device (electrodes connect to power supply 9 via wiring 11 and wiring members 10) ([0043]-[0046], Fig. 2).
Regarding claim 4, Haneda teaches wherein the driver device comprises a current source and/or a current sink (power supply 9 includes a control circuit capable of generating and controlling the current, [0046]), and the loading device further comprises electrical lines connecting the electrodes terminals to the current source and/or the current sink (wiring 11 and wiring member 10 connect electrodes 4a, 4b, 5 to power supply 9).
Regarding claim 5, Haneda teaches wherein the electrical lines of the loading device pass through a chamber wall of the vacuum chamber (wiring 11 and wiring member 10 pass though wall of observation chamber 29, as seen in Fig. 3, [0045]).
Regarding claim 6, Haneda teaches wherein the pressure adjusting device comprises: a first plate configured to contact a first surface portion of the sample (left face of movable electrode 5 contacting right side of sample SAM); a second plate configured to contact a second surface portion of the sample (left face of movable electrode 5 contacting right side of sample SAM); and a drive configured to move the first plate and the second plate towards and away from one another (pressure applying member 6) ([0037]-[0039], Fig. 2).
Regarding claim 7, Haneda teaches wherein the drive (pressure applying member 6, [0037]) is in the vacuum chamber (6 is in the HL in observation chamber 29, as seen in Figs. 2 and 3) when the sample is held by the sample manipulator (sample SAM is held by sample holder HL, [0063], Figs. 2 and 3), and the sample is in the vacuum chamber (the sample is in the observation chamber 29, as seen in Fig. 3).
Regarding claim 9, Haneda fails to teach wherein the temperature adjusting device is configured to heat and/or cool the sample.
Pichumani teaches wherein the temperature adjusting device is configured to heat and/or to cool the sample (Col. 9, lines 23-44).
Pichumani modifies Haneda by suggesting a temperature adjusting device in the form of a thermoelectric element that is able to raise and lower the temperature of the sample.
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 Pichumani because a thermoelectric element allows the sample holder to adjust the temperature of a sample, (Pichumani, Col. 9, lines 23-44)
Regarding claim 10, Haneda teaches a heat-conducting body that is in contact with the sample (right face of fixed electrode 4b contacts left side of sample SAM and left face of movable electrode 5 contacts right side of sample SAM, Fig. 2).
Haneda fails to teach wherein the temperature adjusting device is configured to indirectly change the temperature of the sample by adjusting a temperature of a heat- conducting body that is in contact with the sample.
Pichumani teaches wherein the temperature adjusting device is configured to change the temperature of the sample by adjusting a temperature (Col. 9, lines 23-44).
Pichumani modifies Haneda by suggesting a temperature adjusting device in the form of a thermoelectric element that is able to variably adjust the temperature. The thermoelectric element can be used to indirectly heat the sample by heating the electrodes 4b and 5 of Haneda.
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 Pichumani because a thermoelectric element allows for the temperature of a sample to be adjusted, (Pichumani, Col. 9, lines 23-44). Further, heating the sample indirectly via a heat-conducting body, as opposed to directly heating the sample, represents a rearrangement of parts/change in shape. See MPEP 2144.04, which teaches “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).” The specification is absent of persuasive evidence that the particular configuration (heating indirectly instead of directly) is significant.
Regarding claim 11, Although Haneda teaches a sample held in the vacuum chamber by a sample manipulator, Haneda fails to teach wherein the temperature adjusting device comprises an electrothermal element configured to variably adjust the temperature of the sample.
Pichumani teaches wherein the temperature adjusting device comprises an electrothermal element configured to variably adjust the temperature of the sample when held by the sample manipulator (Col. 9, lines 23-44).
Pichumani modifies Haneda by suggesting a temperature adjusting device in the form of a thermoelectric element that is able to variably adjust the temperature of the sample.
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 Pichumani because a thermoelectric element allows the sample holder to adjust the temperature of a sample, (Pichumani, Col. 9, lines 23-44)
Regarding claim 12, Haneda teaches wherein the detector comprises: a detector configured to detect at least one member selected from the group consisting of backscattered electrons secondary electrons; and/or a detector configured to detect at least one member selected from the group consisting of backscattered ions, secondary ions and radiation (detector 27, [0068], Fig. 3).
Claims 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over Haneda, et. al. (US 20220277923), in view of Pichumani (US 11604212 B1), further in view of Neelisetty, et. al. (US 20230132874 A1), hereinafter Neelisetty (Note that this application has an effective filing date of 10/29/2021).
Regarding claim 26, Haneda teaches a method, comprising:
arranging a battery in a vacuum chamber of a particle beam microscope (sample SAM (where the sample is disclosed in [0063] to be an all-solid-state battery) is arranged in observation chamber 29, held at vacuum, in a charged particle beam apparatus, [0063]-[0064], Figs. 1-8, [0010], [0061]);
performing a first measuring process comprising:
performing a loading process according to which the battery in the vacuum chamber is electrically charged and/or electrically discharged (charging or discharging the sample via fixed electrodes 4a and 4b, movable electrode 5, with wiring 11 and wiring members 10, connecting the electrodes to power supply 9, which contains a control circuit that the can control the current and voltage to charge and discharge the sample. [0043]-[0046], Fig. 2); and
after performing the loading process, performing a measurement on the battery in the vacuum chamber ([0067], [0069]);
performing a second measuring process comprising:
exerting a mechanical pressure on the battery in the vacuum chamber (sample SAM is sandwiched between the right face of fixed electrode 4b contacting left side of sample SAM and the left face of movable electrode 5 contacting right side of sample SAM such that a pressure is exerted on the sample when the movable electrode is moved by the pressure applying member 6, as seen in Fig. 2 [0037]-[0039]) ([0039], Fig. 2); and
after exerting the mechanical pressure, performing a measurement on the battery in the vacuum chamber ([0067], [0069]);
wherein performing the measurement on the sample in the vacuum chamber comprises:
directing a particle beam of charged particles, the particle beam being generated by the particle beam microscope, onto the exposed surface of the battery in the vacuum chamber ([0062], [0065], [0068]); and
detecting interaction products of an interaction between the particle beam and the battery due to directing of the particle beam onto the exposed surface of the battery ([0068], [0083]).
Although Haneda teaches exposing a surface of the battery by removing part of the battery from the battery ([0063] teaches cutting the battery into a half-moon shape, with such a cut end face set as an observation surface), Haneda does not teach while the battery is in the vacuum chamber, exposing a surface of the battery by removing a part of the battery from the battery. Further, Haneda does not teach performing a third measuring process comprising: adjusting a temperature of the battery in the vacuum chamber; and after adjusting the temperature, performing a measurement on the battery in the vacuum chamber.
Neelisetty teaches while the battery is in the vacuum chamber, exposing a surface of the battery by removing a part of the battery from the battery ([0027] teaches a battery sample. [0039] teaches incising, milling, etching the sample, and Fig. 1 shows the sample in vacuum chamber 5, where the sample is treated by the ion beam 33 in the vacuum chamber.).
Pichumani teaches performing a third measuring process comprising: adjusting a temperature of the battery in the vacuum chamber (Col. 9 lines 23-44 teaches a sample holder configured to adjust the temperature of a sample via a heater including a thermoelectric element; and Col. 8 lines 13-35 teaches within a chamber of a particle beam instrument under vacuum); and after adjusting the temperature (Col. 9 lines 23-44 teaches adjusting temperature of a sample for a selected process), performing a measurement on the battery in the vacuum chamber (Col. 11 lines 6-24 teaches a process may include application of SEM, for example);
Neelisetty modifies the combination by suggesting exposing a surface of the battery sample in the vacuum chamber by removing (etching, milling, incising) part of the sample, and Pitchumani modifies the combination by suggesting adjusting the temperature of the battery in the vacuum chamber and then performing a measurement on the battery in the vacuum chamber.
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 Neelisetty because processing/machining the battery sample while it is in the vacuum chamber keeps the battery from contacting air, since batteries are air sensitive ([0002]), and allows for processing/machining as well as imaging to take place in the same space, (see Fig. 1 and [0039]). 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 Pichumani because they allow for the temperature to be controlled so that it can reach a desired and pre-chosen temperature required for a particular process, (Pichumani, Col. 9, lines 23-44).
Regarding claim 27, Haneda teaches wherein:
the loading process is performed according to a loading process parameter value ([0046] voltages applied to the movable electrode 5 and fixed electrodes 4a and 4b. Also charged state or discharged state, [0043], [0067]);
exerting the mechanical pressure is performed according to a mechanical pressure parameter value ([0039] a desired pressure); and
Although Haneda teaches the sample is a battery ([0063]), Haneda does not teach adjusting the temperature of the battery is performed according to a battery temperature parameter value.
Pichumani teaches adjusting the temperature of the sample is performed according to a sample temperature parameter value (Col. 9 lines 23-44 teaches temperature may be controlled using stored process parameters or via control signals).
Pichumani suggests adjusting the temperature of a sample according to a particular temperature value set by an operator or using stored process parameters for a selected process, and modifying Haneda by applying this to the sample, an all-solid-state battery, of Haneda.
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 Pichumani because Pichumani allows for the temperature to be controlled so that it can reach a desired and pre-chosen temperature required for a particular process, (Pichumani, Col. 9, lines 23-44).
Regarding claim 28, Haneda teaches wherein:
arranging the battery (sample SAM, [0064] is an all-solid-state battery, [0063]) in the vacuum chamber (observation chamber 29, preparation chamber 28, [0064]) comprises arranging the battery on a battery manipulator (sample holder HL, [0064]) configured to hold the battery in the vacuum chamber (Fig. 3, [0064]);
the loading process is performed by a loading device of the battery manipulator, the loading device being configured to electrically charge and/or electrically discharge the battery arranged on the battery manipulator (fixed electrodes 4a and 4b, movable electrode 5, with wiring 11 and wiring members 10, connecting the electrodes to power supply 9, which contains a control circuit that the can control the current. [0043]-[0046], Fig. 2);
exerting the mechanical pressure is performed by a pressure adjusting device of the battery manipulator, the pressure adjusting device being configured to exert an adjustable mechanical pressure on the battery arranged on the battery manipulator (right face of fixed electrode 4b contacting left side of sample SAM, left face of movable electrode 5 contacting right side of sample SAM, and pressure applying member 6, as seen in Fig. 2 are interpreted to make up the pressure adjuster as claimed and as interpreted by 112(f), [0037]-[0039]) ([0039], Fig. 2).
Although Haneda teaches the sample is a battery ([0063]), Haneda does not teach adjusting the temperature of the battery is performed by a temperature adjusting device of the battery manipulator, the temperature adjusting device being configured to variably adjust the temperature of the battery arranged on the battery manipulator.
Pichumani teaches adjusting the temperature of the sample is performed by a temperature adjusting device of the sample manipulator, the temperature adjusting device being configured to variably adjust the temperature of the sample arranged on the sample manipulator (Col. 9, lines 23-44, thermoelectric element).
Pichumani modifies Haneda by suggesting a temperature adjusting device in the form of a thermoelectric element that is able to variably adjust the temperature of the sample arranged on the sample holder .
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 Pichumani because a thermoelectric element allows the sample holder to adjust the temperature of a sample, (Pichumani, Col. 9, lines 23-44)
Regarding claim 29, Haneda teaches
arranging a sample, which is a battery, in a vacuum chamber of a particle beam microscope (sample SAM (where the sample is disclosed in [0063] to be an all-solid-state battery) is arranged in observation chamber 29, held at vacuum, in a charged particle beam apparatus, [0063]-[0064], Figs. 1-8, [0010], [0061]);
exposing a surface of the sample by removing a part of the sample from the sample arranged in the vacuum chamber ([0063] teaches cutting the battery into a half-moon shape, with such a cut end face set as an observation surface. The cut battery is arranged for observation in the vacuum chamber, Fig. 3);
performing a first measuring process comprising:
performing a loading process according to which the sample in the vacuum chamber is electrically charged and/or electrically discharged (charging or discharging the sample via fixed electrodes 4a and 4b, movable electrode 5, with wiring 11 and wiring members 10, connecting the electrodes to power supply 9, which contains a control circuit that the can control the current and voltage to charge and discharge the sample. [0043]-[0046], Fig. 2); and
after performing the loading process, performing a measurement on the sample in the vacuum chamber ([0067], [0069]);
performing a second measuring process comprising:
exerting a mechanical pressure on the sample in the vacuum chamber (sample SAM is sandwiched between the right face of fixed electrode 4b contacting left side of sample SAM and the left face of movable electrode 5 contacting right side of sample SAM such that a pressure is exerted on the sample when the movable electrode is moved by the pressure applying member 6, as seen in Fig. 2 [0037]-[0039]) ([0039], Fig. 2); and
after exerting the mechanical pressure, performing a measurement on the sample in the vacuum chamber ([0067], [0069]);
wherein performing the measurement on the sample in the vacuum chamber comprises:
directing a particle beam of charged particles, the particle beam being generated by the particle beam microscope, onto the exposed surface of the sample in the vacuum chamber ([0062], [0065], [0068]); and
detecting interaction products of an interaction between the particle beam and the sample due to directing of the particle beam onto the exposed surface of the sample ([0068], [0083]).
Haneda does not teach performing a third measuring process comprising: adjusting a temperature of the sample in the vacuum chamber; and after adjusting the temperature, performing a measurement on the sample in the vacuum chamber.
Pichumani teaches performing a third measuring process comprising:
adjusting a temperature of the sample in the vacuum chamber (Col. 9 lines 23-44 teaches a sample holder configured to adjust the temperature of a sample via a heater including a thermoelectric element; and Col. 8 lines 13-35 teaches within a chamber of a particle beam instrument under vacuum); and after adjusting the temperature (Col. 9 lines 23-44 teaches adjusting temperature of a sample for a selected process), performing a measurement on the sample in the vacuum chamber (Col. 11 lines 6-24 teaches a process may include application of SEM, for example);
Pichumani modifies Haneda by suggesting adjusting the temperature of the sample in the vacuum chamber and then performing a measurement on the sample in the vacuum chamber.
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 Pichumani because Pichumani allows for the temperature to be controlled so that it can reach a desired and pre-chosen temperature required for a particular process, (Pichumani, Col. 9, lines 23-44).
Although Haneda does not explicitly teach one or more non-transitory machine-readable hardware storage devices comprising instructions that are executable by one or more processing device to perform the operations claimed, Haneda teaches that the present invention is not limited to the described embodiments and can be variously modified within the range not departing from the gist thereof ([0120]). Since processors and hardware storage comprising instructions executable by the processor are well-known in the art, it would be obvious to modify Haneda to incorporate these elements in order to achieve the methods disclosed. However, Pichumani, which explicitly discloses these elements, is provided below.
Haneda does not explicitly teach one or more non-transitory machine-readable hardware storage devices comprising instructions that are executable by one or more processing device to perform the operations.
Pichumani teaches one or more machine-readable hardware storage devices comprising instructions that are executable by one or more processing devices to perform operations (Fig. 7, Col. 11, lines 13-18; Col. 15; Col. 6 lines 45-67; Col. 7 line 59-Col. 8 line 11).
The combination of Haneda and Pichumani suggests a hardware storage device comprising instructions executable by a processing device to perform the operations of claim 29.
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 Pichumani because executing instructions by a processor allows processor to implement the method, (Pichumani, Col. 7 line 59-Col. 8 line 11).
Regarding claim 30, Haneda teaches
arranging a sample, which is a battery, in a vacuum chamber of a particle beam microscope (sample SAM (where the sample is disclosed in [0063] to be an all-solid-state battery) is arranged in observation chamber 29, held at vacuum, in a charged particle beam apparatus, [0063]-[0064], Figs. 1-8, [0010], [0061]);
exposing a surface of the sample by removing a part of the sample from the sample arranged in the vacuum chamber ([0063] teaches cutting the battery into a half-moon shape, with such a cut end face set as an observation surface. The cut battery is arranged for observation in the vacuum chamber, Fig. 3);
performing a first measuring process comprising:
performing a loading process according to which the sample in the vacuum chamber is electrically charged and/or electrically discharged (charging or discharging the sample via fixed electrodes 4a and 4b, movable electrode 5, with wiring 11 and wiring members 10, connecting the electrodes to power supply 9, which contains a control circuit that the can control the current and voltage to charge and discharge the sample. [0043]-[0046], Fig. 2); and
after performing the loading process, performing a measurement on the sample in the vacuum chamber ([0067], [0069]);
performing a second measuring process comprising:
exerting a mechanical pressure on the sample in the vacuum chamber (sample SAM is sandwiched between the right face of fixed electrode 4b contacting left side of sample SAM and the left face of movable electrode 5 contacting right side of sample SAM such that a pressure is exerted on the sample when the movable electrode is moved by the pressure applying member 6, as seen in Fig. 2 [0037]-[0039]) ([0039], Fig. 2); and
after exerting the mechanical pressure, performing a measurement on the sample in the vacuum chamber ([0067], [0069]);
wherein performing the measurement on the sample in the vacuum chamber comprises:
directing a particle beam of charged particles, the particle beam being generated by the particle beam microscope, onto the exposed surface of the sample in the vacuum chamber ([0062], [0065], [0068]); and
detecting interaction products of an interaction between the particle beam and the sample due to directing of the particle beam onto the exposed surface of the sample ([0068], [0083]).
Haneda does not teach performing a third measuring process comprising: adjusting a temperature of the sample in the vacuum chamber; and after adjusting the temperature, performing a measurement on the sample in the vacuum chamber.
Pichumani teaches performing a third measuring process comprising:
adjusting a temperature of the sample in the vacuum chamber (Col. 9 lines 23-44 teaches a sample holder configured to adjust the temperature of a sample via a heater including a thermoelectric element; and Col. 8 lines 13-35 teaches within a chamber of a particle beam instrument under vacuum); and after adjusting the temperature (Col. 9 lines 23-44 teaches adjusting temperature of a sample for a selected process), performing a measurement on the sample in the vacuum chamber (Col. 11 lines 6-24 teaches a process may include application of SEM, for example);
Pichumani modifies Haneda by suggesting adjusting the temperature of the sample in the vacuum chamber and then performing a measurement on the sample in the vacuum chamber.
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 Pichumani because Pichumani allows for the temperature to be controlled so that it can reach a desired and pre-chosen temperature required for a particular process, (Pichumani, Col. 9, lines 23-44).
Although Haneda does not explicitly teach one or more processing devices; and one or more machine-readable hardware storage devices comprising instructions that are executable by the one or more processing device to perform the operations claimed, Haneda teaches that the present invention is not limited to the described embodiments and can be variously modified within the range not departing from the gist thereof ([0120]). Since processors and hardware storage comprising instructions executable by the processor are well-known in the art, it would be obvious to modify Haneda to incorporate these elements in order to achieve the methods disclosed. However, Pichumani, which explicitly discloses these elements, is provided below.
Haneda does not explicitly teach one or more processing devices; and one or more machine-readable hardware storage devices comprising instructions that are executable by the one or more processing device to perform the operations.
Pichumani teaches one or more machine-readable hardware storage devices comprising instructions that are executable by one or more processing devices to perform operations (Fig. 7, Col. 11, lines 13-18; Col. 15; Col. 6 lines 45-67; Col. 7 line 59-Col. 8 line 11).
The combination of Haneda and Pichumani suggests a hardware storage device comprising instructions executable by a processing device to perform the operations of claim 30.
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 Pichumani because automation is an obvious benefit and because executing instructions by a processor allows processor to implement the method, (Pichumani, Col. 7 line 59-Col. 8 line 11).
Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable over Haneda (US 20220277923), in view of Pichumani (US 11604212 B1), further in view of Honma, et. al. (Enhanced rate capabilities in a glass-ceramic-derived sodium all-solid-state battery, Scientific Reports, 10, 9453, 11 June 2020), hereinafter Honma.
Regarding claim 2, although Haneda teaches the loading device, Haneda does not explicitly teach wherein the loading device is configured to charge and/or to discharge the sample with a C-factor of at least 1/h.
Honma teaches charging and/or to discharging the sample with a C-factor of at least 1/h (Fig. 7c shows charging and discharging with a C-factor of 1C and 2C).
Honma modifies Haneda by suggesting charging and discharging the sample with a C-factor of at least 1C.
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 Honma because rate characteristics of cells C are satisfactory and promising, allowing for large current charge/discharge, (Honma, section “Rate characteristics and low-temperature operation” between Fig. 6 and Fig. 7)
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Haneda (US 20220277923), in view of Pichumani (US 11604212 B1), further in view of Kato, et. al. (Effects of volume variations under different compressive pressures on the performance and microstructure of all-solid-state batteries, Journal of Power Sources, Volume 473, 15 October 2020, 228595), hereinafter Kato.
Regarding claim 8, Haneda teaches a pressure adjusting device, however Haneda does not explicitly teach the pressure adjusting device is configured to exert a pressure of at least 10 MPa.
Kato teaches exerting a pressure of at least 10 MPa (2.2 second paragraph teaches the cell holder can apply a maximum pressure of 80MPa. Further, section 3, 3.1 teaches applying pressures including 75 MPa, 50 MPa, 15 MPa, which are all at least 10 MPa).
Kato modifies Haneda by suggesting the pressure adjusting device exerts a pressure of at least 10MPa.
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 Kato because “applying a pressure of 75 MPa leads to both enhanced capacities and high capacity retention”, (Kato, section 3, 3.1, paragraph after Fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2017139175 A
Teaches a sample holder for heating a sample
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LAURA E TANDY
Examiner
Art Unit 2881
/MICHAEL J LOGIE/Primary Examiner, Art Unit 2881