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 Amendment
Applicant’s amendments, filed 16 April 2026, with respect to the claims have been entered. Claims 1, 3-5, and 7-11 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-5, and 7-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 3-5, and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tsutsumi et al. (U.S. Patent Application Publication No. 2021/0096063 A1), hereinafter Tsutsumi, in view of Kudo et al. (U.S. Patent No. 5,464,978 A), hereinafter Kudo.
Regarding claim 1, Tsutsumi discloses an electron spectrometer comprising:
an electron analyzer for providing energy dispersion of electrons emitted from a sample (paragraph 0008);
a detector having a plurality of detection elements (paragraph 0008, n detection sections) juxtaposed and arranged in a direction of energy dispersion of the electrons which have been dispersed in energy by the analyzer (paragraph 0008); and
a processor (paragraph 0020) configured or programmed to: (i) sweep a measurement energy in first incremental energy steps within the analyzer (paragraph 0257, first incremental energy steps ΔE/a), cause the electrons dispersed in energy by the analyzer to be detected by the plurality of detection elements (paragraph 0017), and obtain a plurality of resulting first spectra (paragraph 0018), each of the plurality of first spectra having a same energy range (FIG. 30: the first map measurement (which is used to create the spectra) in each of the first, second, and third steps covers approximately the same energy range, offset only by setting the measurement energies to not be coincident across the steps); and wherein said processor sets the magnitude of each of said first incremental energy steps such that the measurement energies for respective ones of said plurality of first spectra are not coincident (FIG. 30: the measurement energies for detector channels -3ch to +3ch from the first to third steps are not coincident due to the incremental energy step ΔE/3).
Tsutsumi fails to disclose that the processor is configured or programmed to: (ii) interpolate points of measurement in each of the plurality of first spectra; and (iii) generate a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated, wherein said processor generated said spectral chart by accumulating or averaging said plurality of first spectra for which the points of measurement have been interpolated.
However, Kudo discloses that the processor is configured or programmed to: (ii) interpolate points of measurement in each of the plurality of first spectra (column 3, lines 25-30); and (iii) generate a spectral chart in second incremental energy steps smaller than the first incremental energy steps (column 5, lines 51-61: the first incremental energy steps in
e
4
(0) to
e
4
(7) have a magnitude of 1.024; column 6, line 65 to column 7, line 2: interpolation is performed to obtain energy values 1066 eV and 1067 eV, which fall between energy values
e
4
(3) and
e
4
(4), i.e., the interpolation produces data points at reduced energy step magnitudes) on the basis of the plurality of first spectra for which the points of measurement have been interpolated, wherein said processor generates said spectral chart by accumulating or averaging said plurality of first spectra for which the points of measurement have been interpolated (column 4, line 65 to column 5, line 5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Tsutsumi to include that the processor is configured or programmed to: (ii) interpolate points of measurement in each of the plurality of first spectra; and (iii) generate a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated, wherein said processor generated said spectral chart by accumulating or averaging said plurality of first spectra for which the points of measurement have been interpolated, based on the teachings of Kudo that these steps enhance energy resolution and system flexibility by producing energy data having adjustable variations in energy increment step sizes in accordance with different desired applications and system modes (Kudo, column 10, lines 1-12).
Regarding claim 3, Tsutsumi in view of Kudo as applied to claim 1 discloses the electron spectrometer as set forth in claim 1.
In addition, Tsutsumi discloses that said processor is further configured or programmed to accept a specified energy resolution and set said first incremental energy steps on the basis of the energy resolution (paragraphs 0158 and 0257: the energy resolution ΔE is used as the first incremental energy step).
Regarding claim 4, Tsutsumi in view of Kudo as applied to claim 3 discloses the electron spectrometer as set forth in claim 3.
In addition, Tsutsumi discloses that said processor is further configured or programmed to set the ratio between the difference in measurement energy between any adjacent two of said detection elements (FIG. 30, difference in measurement energy ΔE between adjacent channels) and the magnitude of each of said first incremental energy steps (FIG. 30, ΔE/3) on the basis of said energy resolution (paragraphs 0158 and 0257) and to set the magnitude of each of the first incremental energy steps on the basis of the ratio (paragraph 0257).
Regarding claim 5, Tsutsumi in view of Kudo as applied to claim 4 discloses the electron spectrometer as set forth in claim 4.
In addition, Tsutsumi discloses that said processor sets said ratio to a value smaller than unity (FIG. 30: the ratio is set to 1/3).
Regarding claim 7, Tsutsumi discloses an analytical method using an electron spectrometer comprising both an electron analyzer for providing energy dispersion of electrons emitted from a sample (paragraph 0008) and a detector provided with a plurality of detection elements (paragraph 0008, n detection sections) that are juxtaposed and arranged in the direction of energy dispersion of the electrons dispersed in energy by the analyzer (paragraph 0008), said analytical method comprising:
sweeping a measurement energy in first incremental energy steps within the analyzer (paragraph 0257, first incremental energy steps ΔE/a) so that electrons are dispersed in energy within the analyzer (paragraph 0017), detecting the dispersed electrons with the plurality of detection elements (paragraph 0017), and obtaining a plurality of resulting first spectra (paragraph 0018), each of the plurality of first spectra having a same energy range (FIG. 30: the first map measurement (which is used to create the spectra) in each of the first, second, and third steps covers approximately the same energy range, offset only by setting the measurement energies to not be coincident across the steps); and
setting the magnitude of each of said first incremental energy steps such that the measurement energies for respective ones of said plurality of first spectra are not coincident (FIG. 30: the measurement energies for detector channels -3ch to +3ch from the first to third steps are not coincident due to the incremental energy step ΔE/3).
Tsutsumi fails to disclose interpolating points of measurement in each of the plurality of first spectra; and generating a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated by accumulating or averaging said plurality of first spectra for which the points of measurement have been interpolated.
However, Kudo discloses interpolating points of measurement in each of the plurality of first spectra (column 3, lines 25-30); and
generating a spectral chart in second incremental energy steps smaller than the first incremental energy steps (column 5, lines 51-61: the first incremental energy steps in
e
4
(0) to
e
4
(7) have a magnitude of 1.024; column 6, line 65 to column 7, line 2: interpolation is performed to obtain energy values 1066 eV and 1067 eV, which fall between energy values
e
4
(3) and
e
4
(4), i.e., the interpolation produces data points at reduced energy step magnitudes) on the basis of the plurality of first spectra for which the points of measurement have been interpolated by accumulating or averaging said plurality of first spectra for which the points of measurement have been interpolated (column 4, line 65 to column 5, line 5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Tsutsumi to include interpolating points of measurement in each of the plurality of first spectra; and generating a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated by accumulating or averaging said plurality of first spectra for which the points of measurement have been interpolated, based on the teachings of Kudo that these steps enhance energy resolution and system flexibility by producing energy data having adjustable variations in energy increment step sizes in accordance with different desired applications and system modes (Kudo, column 10, lines 1-12).
Regarding claim 8, Tsutsumi discloses an electron spectrometer comprising:
an electron analyzer for providing energy dispersion of electrons emitted from a sample (paragraph 0008);
a detector having a plurality of detection elements (paragraph 0008, n detection sections) juxtaposed and arranged in a direction of energy dispersion of the electrons which have been dispersed in energy by the analyzer (paragraph 0008); and
a processor (paragraph 0020) configured or programmed to: (i) sweep a measurement energy in first incremental energy steps within the analyzer (paragraph 0257, first incremental energy steps ΔE/a), cause the electrons dispersed in energy by the analyzer to be detected by the plurality of detection elements (paragraph 0017), and obtain a plurality of resulting first spectra (paragraph 0018), each of the plurality of first spectra having a same energy range (FIG. 30: the first map measurement (which is used to create the spectra) in each of the first, second, and third steps covers approximately the same energy range, offset only by setting the measurement energies to not be coincident across the steps), wherein said processor is further configured or programmed to accept a specified energy resolution and set said first incremental energy steps on the basis of the energy resolution (paragraphs 0158 and 0257: the energy resolution ΔE is used as the first incremental energy step), wherein said processor is further configured or programmed to set the ratio between the difference in measurement energy between any adjacent two of said detection elements (FIG. 30, difference in measurement energy ΔE between adjacent channels) and the magnitude of each of said first incremental energy steps (FIG. 30, ΔE/3) on the basis of said energy resolution (paragraphs 0158 and 0257) and to set the magnitude of each of the first incremental energy steps on the basis of the ratio (paragraph 0257), and wherein said processor sets said ratio to a value smaller than unity (FIG. 30: the ratio is set to 1/3).
Tsutsumi fails to disclose that the processor is configured or programmed to: (ii) interpolate points of measurement in each of the plurality of first spectra; and (iii) generate a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated.
However, Kudo discloses that the processor is configured or programmed to: (ii) interpolate points of measurement in each of the plurality of first spectra (column 3, lines 25-30); and (iii) generate a spectral chart in second incremental energy steps smaller than the first incremental energy steps (column 5, lines 51-61: the first incremental energy steps in
e
4
(0) to
e
4
(7) have a magnitude of 1.024; column 6, line 65 to column 7, line 2: interpolation is performed to obtain energy values 1066 eV and 1067 eV, which fall between energy values
e
4
(3) and
e
4
(4), i.e., the interpolation produces data points at reduced energy step magnitudes) on the basis of the plurality of first spectra for which the points of measurement have been interpolated.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Tsutsumi to include that the processor is configured or programmed to: (ii) interpolate points of measurement in each of the plurality of first spectra; and (iii) generate a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated, based on the teachings of Kudo that these steps enhance energy resolution and system flexibility by producing energy data having adjustable variations in energy increment step sizes in accordance with different desired applications and system modes (Kudo, column 10, lines 1-12).
Regarding claim 9, Tsutsumi in view of Kudo as applied to claim 8 discloses the electron spectrometer as set forth in claim 8.
In addition, Kudo discloses that said processor generates said spectral chart by accumulating or averaging said plurality of first spectra for which the points of measurement have been interpolated (column 4, line 65 to column 5, line 5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Tsutsumi in view of Kudo to include that said processor generates said spectral chart by accumulating or averaging said plurality of first spectra for which the points of measurement have been interpolated, based on the additional teachings of Kudo that this step enhances energy resolution and system flexibility by producing energy data having adjustable variations in energy increment step sizes in accordance with different desired applications and system modes (Kudo, column 10, lines 1-12).
Regarding claim 10, Tsutsumi in view of Kudo as applied to claim 8 discloses the electron spectrometer as set forth in claim 8.
In addition, Tsutsumi discloses that said processor sets the magnitude of each of said first incremental energy steps such that the measurement energies for respective ones of said plurality of first spectra are not coincident (FIG. 30: the measurement energies for detector channels -3ch to +3ch from the first to third steps are not coincident due to the incremental energy step ΔE/3).
Regarding claim 11, Tsutsumi discloses an analytical method using an electron spectrometer comprising both an electron analyzer for providing energy dispersion of electrons emitted from a sample (paragraph 0008) and a detector provided with a plurality of detection elements (paragraph 0008, n detection sections) that are juxtaposed and arranged in the direction of energy dispersion of the electrons dispersed in energy by the analyzer (paragraph 0008), said analytical method comprising:
sweeping a measurement energy in first incremental energy steps within the analyzer (paragraph 0257, first incremental energy steps ΔE/a) so that electrons are dispersed in energy within the analyzer (paragraph 0017), detecting the dispersed electrons with the plurality of detection elements (paragraph 0017), and obtaining a plurality of resulting first spectra (paragraph 0018), each of the plurality of first spectra having a same energy range (FIG. 30: the first map measurement (which is used to create the spectra) in each of the first, second, and third steps covers approximately the same energy range, offset only by setting the measurement energies to not be coincident across the steps); and
accepting a specified energy resolution and setting said first incremental energy steps on the basis of the energy resolution (paragraphs 0158 and 0257: the energy resolution ΔE is used as the first incremental energy step), setting the ratio between the difference in measurement energy between any adjacent two of said detection elements (FIG. 30, difference in measurement energy ΔE between adjacent channels) and the magnitude of each of said first incremental energy steps (FIG. 30, ΔE/3) on the basis of said energy resolution (paragraphs 0158 and 0257) and setting the magnitude of each of the first incremental energy steps on the basis of the ratio (paragraph 0257), and
setting said ratio to a value smaller than unity (FIG. 30: the ratio is set to 1/3).
Tsutsumi fails to disclose interpolating points of measurement in each of the plurality of first spectra; and generating a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated by accepting the specified energy resolution.
However, Kudo discloses interpolating points of measurement in each of the plurality of first spectra (column 3, lines 25-30); and
generating a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated (column 5, lines 51-61: the first incremental energy steps in
e
4
(0) to
e
4
(7) have a magnitude of 1.024; column 6, line 65 to column 7, line 2: interpolation is performed to obtain energy values 1066 eV and 1067 eV, which fall between energy values
e
4
(3) and
e
4
(4), i.e., the interpolation produces data points at reduced energy step magnitudes) by accepting a specified energy resolution and setting said first incremental energy steps on the basis of the energy resolution (column 3, lines 46-47).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Tsutsumi to include interpolating points of measurement in each of the plurality of first spectra; and generating a spectral chart in second incremental energy steps smaller than the first incremental energy steps on the basis of the plurality of first spectra for which the points of measurement have been interpolated by accepting the specified energy resolution, based on the teachings of Kudo that these steps enhance energy resolution and system flexibility by producing energy data having adjustable variations in energy increment step sizes in accordance with different desired applications and system modes (Kudo, column 10, lines 1-12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lo et al. (“Four-dimensional dielectric property image obtained from electron spectroscopic imaging series”, 2001), hereinafter Lo, teaches an analytical method comprising interpolating points of measurement in electron energy spectra.
Uchida (U.S. Patent Application Publication No. 2020/0111197 A1), hereinafter Uchida, teaches an electron spectrometer comprising: an electron analyzer for providing energy dispersion of electrons emitted from a sample; and a detector having a plurality of detection elements juxtaposed and arranged in a direction of energy dispersion of the electrons which have been dispersed in energy by the analyzer.
Kudo (JP Patent No. 2000299080 A), hereinafter Kudo (2000) (English machine translation provided), teaches an electron spectrometer configured to sweep a measurement energy within an electron analyzer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALINA R KALISZEWSKI whose telephone number is (703)756-5581. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm EST.
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/A.K./Examiner, Art Unit 2881
/DAVID E SMITH/Examiner, Art Unit 2881
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