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
Applicant's arguments filed 01/08/2026 have been fully considered but they are not persuasive.
Applicant did not respond to 112(f) claim interpretations. The interpretation of the “first illuminator” and “second illuminator” will be taken to be as interpreted in the previous office action.
Applicant takes the position the amended subject matter overcomes the prior art rejection. Applicant’s remarks are not fully responsive because applicant did not distinctly and specifically point out the supposed errors in the examiner’s action and did not reply to every ground of objection and rejection in the prior Office action (See MPEP 714.02). However, the prior art does teach the amended limitations. Therefore, the claims stand rejection as reiterated below.
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 1-3 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.
Regarding claim 1, the claim discloses “wherein a plurality of exposure durations are set on a time axis according to the exposure period.” It is unclear whether the exposure durations being set on a time axis is a function of the controller, or a description of time as it relates to the exposure durations. For the purposes of examination this will be interpreted to mean a description of time as it relates to the exposure durations.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Zewail (WO 2010042629 A2), hereinafter referred to as “Zewail”, in view of Reed et al. (US 20150235800 A1), hereinafter referred to as “Reed”, and Nakasuji (US 20020148961 A1), hereinafter referred to as “Nakasuji”.
Regarding claim 1, Zewail teaches a transmission electron microscope comprising: a first illuminator configured to illuminate an electron beam onto a specimen (Para. [0077] discloses the condenser and objective lenses, and para. [0101] discloses an electron gun (field emission gun));
a second illuminator configured to illuminate a laser beam formed from a pulse train onto the specimen (Fig. 1 as annotated below);
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a generator that has a camera (CCD camera para. [0086]) configured to detect electrons transmitting through the specimen[[,]] (Detection of electrons passing through the sample, including single-electron detection, is achieved in one particular embodiment through the use of an ultrahigh sensitivity (UHS) phosphor scintillator detector 154 especially suitable for low-dose applications in conjunction with a digital CCD camera. (para. [0086])) and generate a camera image sequence comprising a plurality of camera images (series of time-framed images (para. [0015])) during a simultaneous illumination process of the electron beam and the laser beam (The sample is located parallel to the optical phase fronts and its entire surface is illuminated by the attosecond electron pulse at once and at the same time of incidence relative to the optical pulse wave (para. [0166])), wherein each of the plurality of camera images is a transmission image of the specimen (Detection of electrons passing through the sample, including single-electron detection, is achieved in one particular embodiment through the use of an ultrahigh sensitivity (UHS) phosphor scintillator detector 154 especially suitable for low-dose applications in conjunction with a digital CCD camera. (para. [0086]));
[[and]] a camera controller configured to generate a synchronization signal comprising a plurality of synchronization pulses (In the embodiment illustrated, the digital CCD camera is mounted under the microscope in an on-axis, below the chamber position. … The images from the CCD camera were obtained with DigitalMicrograph™ software embedded in the Tecnai™ user interface (para. [0086]));
A digital CCD camera is equipped with clock signals which can function as synchronization pulses.
and a lens barrel which houses the first illuminator (Fig. 1 as annotated below), wherein the second illuminator comprises: a laser beam generator provided outside the lens barrel (Fig, 1 as annotated below), wherein the laser beam generator is configured to generate the laser beam (The femtosecond laser 110 is generally capable of generating a train of optical pulses with predetermined pulse width (para. [0071]));
and a mirror provided inside the lens barrel which reflects the laser beam, wherein the laser beam reflected by the mirror propagates along an optical axis and is illuminated onto the specimen (Fig. 1 as annotated below),
wherein the first illuminator comprises an objective lens (Para. [0077] discloses the condenser and objective lenses, and para. [0101] discloses an electron gun (field emission gun)), the objective lens comprising an electron beam inlet, an electron beam outlet (Fig. 2A as annotated below), and a specimen space which houses the specimen (Fig. 2A as annotated below), and wherein the laser beam reflected by the mirror propagates into the objective lens via the electron beam inlet(Fig. 1 as annotated below).
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Zewail fails to teach a controller configured to: control that controls an operation of the second illuminator, and set that sets a pulse period of the laser beam to the same period as an exposure period of the camera, based on the plurality of synchronization pulses in the synchronization signal, wherein a plurality of exposure durations are set on a time axis according to the exposure period, wherein each of the plurality of camera images are generated based on frame data obtained for each of the plurality of exposure durations, and wherein each of the plurality of synchronization pulses comprises a reference timing of each of the plurality of exposure durations and a corresponding generation timing of each of a plurality of pulses forming the pulse train; wherein the mirror is fixed at the electron beam inlet in the objective lens.
However, Reed teaches a controller configured to: control an operation of the second illuminator (control system 12), and set a pulse period of the laser beam to the same period as an exposure period of the camera based on the plurality of synchronization pulses in the synchronization signal (the duration of the laser pulse determines the "exposure time" for recording the image or diffraction pattern (para. [0007])),
Reed teaches a method of using the synchronization signals on a “fast-framing camera capable of locally storing multiple images with typically microsecond-scale frame switching times” to synchronize the laser pulses to the exposure time on the camera. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device described in Zewail, to include the teachings of Reed such that a controller sets a pule period of the laser beam to the same period as an exposure period of the camera, based on the synchronization pulses in the synchronization signal. Doing so allows a user to observe complex changes in a specimen.
wherein a plurality of exposure durations are set on a time axis according to the exposure period (The movie-mode operation of the present invention may be used to tailor the image spacing and exposure time to focus on the important events. In addition, by using movie-mode, a high-resolution image of the `before` state, i.e. what the sample is like immediately before the laser drive hits it, may be acquired before the material process/event is triggered or initiated (para. [0016])),
Reed teaches a “movie-mode” operation in which exposure time on the CCD camera can be tailored and controlled to record a sequence of images that allows “complex events to be watched in complete detail, from start to finish (para. [0024]).” In order for these events to be viewed the exposure durations must be set on a time-axis according to the exposure period. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Zewail to include the teachings of Reed such that the exposure durations are set on a time axis according to the exposure period. Doing so allows for watching complex events, in detail, in the correct order.
wherein each of the plurality of camera images are generated based on frame data obtained for each of the plurality of exposure durations (The present invention integrates an arbitrary-waveform generation laser system with a high-speed deflector system arranged for synchronous operation with the laser system and capable of bidirectional, two-dimensional image shifting on the nanosecond scale. This enables a relatively large number (e.g. 9, 16, or 25) of frames with completely arbitrary choice of exposure times para. [0018]))
and wherein each of the plurality of synchronization pulses comprises a reference timing of each of the plurality of exposure durations and a corresponding generation timing of each of a plurality of pulses forming the pulse train (The AWG laser system 16 of the present invention can produce square UV pulses (pulses 38 in FIG. 1) to produce brighter electron pulses over an unprecedented range of pulse durations timed precisely on a nanosecond level with the electron deflector plate subsystem 28, to produce multi-frame movies on nanosecond timescales (para. [0039]));
Reed teaches a system where the exposure durations, producing multi-frame movies, and the laser pulses are both precisely timed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Zewail to include the teachings of Reed such that the plurality of camera images are generated based on frame data obtained for each of the plurality of exposure durations, and each of the plurality of synchronization pulses comprises a reference timing of each of the plurality of exposure durations, and a corresponding generation timing of each of a plurality of pulses forming the pulse train. Doing so allows to observe complex changes as the laser illuminates the specimen.
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Further, Nakasuji teaches a mirror attached to the outside of an objective lens (claim 8 and fig. 54 as annotated below). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Zewail such that the mirror described in para. [0091] of Zewail used to direct the laser systems to the specimen is attached to the objective lens in order to propagate the laser beam into the objective lens.
Regarding claim 2, Zewail fails to teach the transmission electron microscope according to claim 1, wherein the controller is further configured to determine a timing of generation of each pulse forming the pulse train based on [[a]] the synchronization signal of the plurality of synchronization pulses which indicates a reference time of each exposure duration of the plurality of exposure durations in the camera.
However, Reed teaches the transmission electron microscope according to claim 1, wherein the controller is further configured to determine a timing of generation of each pulse forming the pulse train (the programmable and arbitrary production of sequence able pulse trains (para. [0015]) based on [[a]] the synchronization signal of the plurality of synchronization pulses which indicates a reference time of each exposure duration of the plurality of exposure durations in the camera (the movie made operation is used to tailor the image spacing and exposure time to focus on important events. In addition, by using movie-mode, a high-resolution image of the `before` state, i.e. what the sample is like immediately before the laser drive hits it, may be acquired before the material process/event is triggered or initiated (para. [0016]).
Reed teaches a “movie-mode” operation in which exposure time on the CCD camera can be tailored and controlled to record a sequence of images. The exposure time is synched to the laser pulses to observe these complex events. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Zewail to include the teachings of Reed such that the controller determines a timing generation of the pulse train based on the synchronization signal of the plurality of synchronization pulses which indicates a reference time of each exposure duration of the plurality of exposure durations in the camera. Doing so allows “complex events to be watched in complete detail, from start to finish (para. [0024]).”
Regarding claim 3, Zewail fails to teach the transmission electron microscope according to claim 1, wherein the generator comprises a camera controller is further configured to control an operation of the camera so that a plurality of pulse illumination durations are excluded from [[a]] the plurality of exposure durations in the camera.
However, Reed teaches wherein the camera controller is further configured to control an operation of the camera so that a plurality of pulse illumination durations are excluded from [[a]] the plurality of exposure durations in the camera (the arbitrary-waveform generation laser system with a high-speed deflector system enables a relatively large number of frames with completely arbitrary choice of exposure times and interframe delay times for every single frame (para. [0018])).
Given that read teaches the arbitrary choice of interframe delays, a plurality of pulse illuminations can be excluded from the plurality of exposure durations of the camera. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Zewail by including the teachings of Reed such that the camera controller is further configured to control an operation of the camera so that a plurality of pulse illumination durations are excluded from [[a]] the plurality of exposure durations in the camera. Such a feature is what allows movie mode to “focus on important events (Reed; para. [0016]).”
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICA J. EINHORN whose telephone number is (571)272-4641. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at (571) 272-2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICA JILLIAN EINHORN/Examiner, Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881
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