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 .
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 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 20030047689 A1) and Nakayama, et. al. (US 20170004952 A1), hereinafter Nakayama.
Regarding claim 8, Kasai teaches a system for precisely controlling a specimen, the system comprising:
a holder configured to insert the specimen into an electronic microscope (holder H, Fig. 1, [0027]-[0028], [0039]); and
a goniometer stage configured to precisely control a motion of the specimen (goniometer stage Gs including the components surrounding the holder used in conjunction to control motion of the specimen, including cylindrical bearing member 17, cylindrical support member 18, hollow rotating member 22, spherical body portion 23, cylindrical portion 24, outer cylinder 25, X-position adjusting device Dx, Y-position adjusting device Dy, Z-position adjusting device Dz, device Dt, see Figs. 1 and 2),
wherein the holder includes:
a handle part (grip H2, [0039], Fig. 7C);
a specimen mounting part configured to fix the specimen (specimen holding portion H3, [0039], Figs. 1 and 7C);
a coupling part connecting the handle part and the specimen mounting part (holder pipe H1, [0039], Fig. 7C); and
a guide pin configured to couple the holder to an interior of the goniometer stage (pin H6 couples holder H to 24 and 26, [0039], Figs. 6 and 7A-C),
wherein the guide pin includes:
a support part (top and bottom ends of the pin H6, Fig. 7C); and
a frictional column coupled to the support part (cylindrical face of H6 that makes frictional contact with 26c and 24c, Fig. 7C),
wherein the support part includes:
a lower support member coupled to the holder (lower part of H6 that is coupled to H, Fig. 7C); and
an upper support member on the lower support member (upper part of H6, Fig. 7C), and
wherein the frictional column surrounds an outer surface of the upper support member (cylindrical face of H6 surrounds outer surface of the upper face of H6, Fig. 7C).
Kasai does not teach a lower support member includes a screw structure on an outer surface thereof to be coupled to the holder.
Nakayama teaches a lower support member includes a screw structure on an outer surface thereof to be coupled to the holder (male screw structure 14 on an outer surface couples to sample holder 1, [0037]).
Nakayama modifies Kasai by suggesting the lower support member of the guide pin of Kasai includes a screw structure that allows for coupling to the sample holder. The screw structure of Nakayama provides the mechanism by which the guide pin of Kasai can be coupled to the holder of Kasai.
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 Thomas because a screw structure allows for attachment/detachment to a holder (Nakayama, [0037]).
Regarding claim 9, Kasai teaches wherein the goniometer stage includes a 3-axis driving motor configured to move the holder in a first direction in which the coupling part extends, a second direction perpendicular to the first direction, and a third direction perpendicular to the first direction and the second direction (Dx, Dy, and Dz, including motors 32, 41, 46, [0044]-[0068]).
Regarding claim 10, Kasai teaches wherein the goniometer stage further includes a first rotation driving motor configured to rotate the holder about an axis that extends in the first direction (Device Dt for adjustment of the rotational position about X-axis, [0041]-[0043]).
Regarding claim 11, Kasai teaches wherein the goniometer stage includes a gonio pipe configured to fix the holder (inner cylinder 26, Fig. 6, Figs. 7B-C, [0036], [0039]), wherein the gonio pipe provides: an interior space extending in a first direction in which the coupling part extends (holder through-hole 26a, [0036], Fig. 2, Fig. 7); and a slit extending in the first direction through which the interior space is exposed (pin guide hole 26c, [0036], Fig. 7), and wherein a length of the slit in the first direction is smaller than a length of the gonio pipe in the first direction (Fig. 7B), and one end of the slit is at one end of the gonio pipe (end on left side of Fig. 7B).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 20030047689 A1) and Nakayama (US 20170004952 A1) in view of Thomas (US 20210048081 A1).
Regarding claim 18, Kasai and Nakayama do not teach wherein a perimeter of the upper support member includes one of a triangular shape, a rectangular shape, and a pentagonal shape, and wherein a perimeter of the frictional column includes one of a pentagonal shape, a hexagonal shape, and an octagonal shape.
Thomas teaches wherein a perimeter of the upper support member includes one of a triangular shape, a rectangular shape, and a pentagonal shape (Figs. 3, 4, and 7 show the perimeter of the inner part of the interpreted upper support member (upper protruding part of 106) including a triangular shape (see the triangular points making up the star shape)), and wherein a perimeter of the frictional column includes one of a pentagonal shape, a hexagonal shape, and an octagonal shape (perimeter of 104 is shown in Figs. 3-5 as having an octagonal shape, [0061]-[0062]).
Thomas modifies the combination by suggesting the shapes of the perimeters of the upper support member and the perimeter of the frictional column.
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 Thomas because the configuration of the guide pin allows for mounting/coupling of the guide pin to a carrier (Thomas, [0001]). Additionally, the shape of the perimeter is a change in shape that is not sufficient to patentably distinguish over the prior art. MPEP 2144.04 IV. B. teaches “In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).” Absent demonstration of the criticality of the particular shape, the prior art renders obvious the claim. See MPEP 2144.04 IV. for more information.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 20030047689 A1) and Nakayama (US 20170004952 A1), in view of Miyazaki (US 20150170873 A1).
Regarding claim 17, Kasai and Nakayama do not teach wherein the specimen mounting part includes: a mounting body; a fastening screw; a fixing plate configured to fix the specimen and having a hollow central area such that the specimen is precisely observed; and a fixing pin configured to press opposite ends of the fixing plate when one side thereof is connected to the fastening screw to fasten the fastening screw.
Miyazaki teaches wherein the specimen mounting part (specimen holder tip part, [0062], [0082]) includes: a mounting body (specimen setting seat 62, [0109], Fig. 7); a fastening screw (fixing means 57, [0109], Fig. 7); a fixing plate configured to fix the specimen and having a hollow central area such that the specimen is precisely observed (central part of specimen holding means 60 with circular cutout area, [0109], see annotated version of Fig. 7 below); and a fixing pin configured to press opposite ends of the fixing plate when one side thereof is connected to the fastening screw to fasten the fastening screw (outer edges of specimen holding means 60, [0109], see annotated version of Fig. 7 below).
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Annotated Figure
Miyazaki modifies the combination by suggesting the specimen mounting part includes a mounting body, fastening screw, fixing plate, and fixing pin.
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 Miyazaki because the configuration allows for a specimen to be fixed to the holder for observation in a way that is simple, smooth, and efficient, and avoids the need for re-positioning, (Miyazaki, [0114], [0118]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 20030047689 A1) and Nakayama (US 20170004952 A1), in view of Protolabs (Protolabs. Fillets vs. Chamfers: How to Handle Edges and Corners in CNC Machining Design. May 16, 2022. www.Protlabs.com/rescources/blog/fillets-and-chamfers.)
Regarding claim 12, Kasai teaches a corner of an insertion part at the one end of the slit and the one end of the gonio pipe (corner of 26c on left end of 26 in Fig. 7B). Kasai and Nakayama do not teach that this corner includes a filleted structure.
Protolabs teaches a filleted structure (fillet, see first paragraph of “What is a Fillet?”).
Protolabs modifies the combination by suggesting that the corner of the insertion part of Kasai includes a filleted structure.
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 Protolabs because fillets helpto reduce stress and distribute it over a larger surface, improving load-bearing capacity and helping to prevent rapid deformation of a stressed part, (see first paragraph of “What is a Fillet?”.). This solves the same problem that the instant application is trying to solve by utilizing a filleted or chamfered edge, as seen in [0030]. Consequently, the claimed invention is obvious because it is shown by Protolabs that filleted edges are known to reduce residual stress.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 20030047689 A1), Nakayama (US 20170004952 A1), and Protolabs (Protolabs. Fillets vs. Chamfers: How to Handle Edges and Corners in CNC Machining Design. May 16, 2022. www. Protlabs.com/rescources/blog/fillets-and-chamfers.), in view of Morito, et. al. (US 20160064473 A1), hereinafter Morito.
Regarding claim 13, Although Protolabs suggest the filleted structure (see 103 rejection of claim 12 above), the combination of Kasai, Nakayama, and Protolabs does not explicitly teach wherein a radius of curvature of the filleted structure of the corner of the insertion part is 3 mm or more.
It would be obvious, in view of Morito, to achieve a radius of curvature of the filleted structure of the corner of the insertion part of 3 mm or more because Morito teaches that the stress is inversely proportional to the radius of curvature of the filleted (round-chamfered) structure (Morito, [0054]). Consequently, the claimed invention is obvious because one of ordinary skill in the art could achieve the claimed range through routine experimentation. One of ordinary skill in the art would seek to reduce stress on the corner, as dong so prevents degradation, and therefore experiment with the radius of curvature, as suggested by Morito, to achieve an optimal level of stress while maintaining the integrity of the structure, ultimately leading to the claimed range. See MPEP 2144.05 II, which teaches “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)”.
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 20030047689 A1) and Nakayama (US 20170004952 A1), in view of Katsushi (JP 2021039099 A) and Zhang, et. al. (CN 208749646 U), hereinafter Zhang.
Regarding claim 14, Kasai and Nakayama does not explicitly teach wherein a hardness of the gonio pipe is higher than a hardness of the frictional column.
Katsushi and Zhang teach wherein a hardness of the gonio pipe is higher than a hardness of the frictional column (Katsushi teaches a gonio pipe (second holder 12) is preferably metal, [0035]. Zhang teaches a guide pin with a frictional column of PEEK, [0014].)
While Katsushi modifies the combination by suggesting that the gonio pipe is made of metal, Zhang modifies the guide pin of the combination by suggesting that the frictional column is constructed of a PEEK layer. The resulting combination has the effect of the hardness of the gonio pip being higher than a hardness of the frictional column.
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 Katsushi because metal is the preferable material for the second holder because of its high specific gravity and high processing accuracy (Katsushi, [0035]). 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 Zhang because PEEK has a low coefficient of friction with metal, which can reduce the wear of the guide pin (Zhang, [0014]).
Regarding claim 16, Zhang teaches wherein the frictional column includes one of polyester ether ketone (PEEK), polyamide (PA), and duraflon.
Zhang modifies the combination by suggesting that the frictional column of the guide pin includes PEEK.
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 Zhang because PEEK has a low coefficient of friction with metal, which can reduce the wear of the guide pin (Zhang, [0014]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 20030047689 A1), Nakayama (US 20170004952 A1), Katsushi (JP 2021039099 A) and Zhang (CN 20874946 U), further in view of El Baggari, et. al. (US 20250191876 A1), hereinafter El Baggari.
Regarding claim 15, Although Katsushi teaches a metal gonio pipe , Kasai, Nakayama, Katsushi, and Zhang do not explicitly teach wherein the gonio pipe includes copper.
El Baggari teaches wherein the gonio pipe includes copper ([0181]).
El Baggari modifies the combination by suggesting that the gonio pipe includes copper.
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 El Baggari because copper is thermally conductive and can be used to keep the sample and holder cool ([180]-[0181]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Milas, et. al. (US 20120293791 A1), hereinafter Milas
Regarding claim 8, Milas teaches a system for precisely controlling a specimen (intended use), the system comprising: a holder configured to insert the specimen into an electronic microscope (sample holder 10 in use with TEM 100, Fig. 1, [0042], [0011]); and a goniometer stage configured to precisely control a motion of the specimen (goniometer stage 109, [0044], Fig. 1), wherein the holder includes: a handle part (shoulder portion 38 of sample holder body 14, [0051], Fig. 2); a specimen mounting part configured to fix the specimen (sample support member 16, [0046], Fig. 2); a coupling part connecting the handle part and the specimen mounting part (probe portion 37 of sample holder body 14, [0051], Fig. 2); and a guide pin configured to couple the holder to an interior of the goniometer stage (alignment tab 40, [0053], Fig. 2),
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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LAURA E TANDY
Examiner
Art Unit 2881
/MICHAEL J LOGIE/Primary Examiner, Art Unit 2881