Notice of Pre-AIA or AIA Status
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 22 May 2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 22 May 2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-24 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. Applicant needs to clearly define the languages used herein such as “nominal location”, “templates” and “measures” to be consistent with the corresponding referring claimed limitations in order to avoid the lack of antecedent bases.
Claim 1 recites the limitations: “the three dimensional distribution" and “the electrons” in line 7; “each nominal location” in line 9; “further simulated templates” in line 22; “the similarity measures” in line 25; and “each nominal location” in the last line. There are insufficient antecedent bases for these limitations in the claim. Dependent claims 2-24 depend on rejected claim 1 and hence, are also rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bauer (US 10,663,414) discloses a method for performing electron diffraction pattern analysis upon a sample in a vacuum chamber of a microscope. Firstly a sample is isolated from part of a specimen using a focused particle beam. A manipulator end effector is then attached to the sample so as to effect a predetermined orientation between the end effector and the sample. With the sample detached, the manipulator end effector is rotated about a rotation axis to bring the sample into a predetermined geometry with respect to an electron beam and diffraction pattern imaging apparatus so as to enable an electron diffraction pattern to be obtained from the sample while the sample is still fixed to the manipulator end effector. An electron beam is caused to impinge upon the sample attached to the manipulator end effector so as to obtain an electron diffraction pattern. Taheri et al (US 9,568,442) disclose a sample material is scanned with a transmission electron microscope (TEM) over multiple steps having a predetermined size at a predetermined angle. Each scan at a predetermined step and angle is compared to a template, wherein the template is generated from parameters of the material and the scanning. The data is then analyzed using local mis-orientation mapping and/or Nye's tensor analysis to provide information about local strain states.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AN H DO whose telephone number is (571)272-2143. The examiner can normally be reached on M-F 7:00am-4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricardo Magallanes can be reached on 571-272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AN H DO/Primary Examiner, Art Unit 2853
Prosecution Insights