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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/18/2026 has been entered.
Response to Arguments
Rejections under 35 U.S.C. 112(b)
Rejection of claims 1-3 under 35 U.S.C. are withdrawn.
Rejections under 35 U.S.C. 103:
Applicant’s arguments, see page 5, filed 04/15/2026, with respect to the rejection(s) of claim(s) 1-3 under 35 U.S.C. 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 Therefore, the rejection has been withdrawn.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. See rejection below.
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.
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 Kuniaki Nagayama (US 20130088775 A1), hereinafter referred to as Nagayama.
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]));
a camera controller configured to generate a synchronization signal comprising a plurality of synchronization pulses; the plurality of synchronization pulses corresponding to a plurality of exposure durations, where the plurality of exposure durations are set on a time axis according to an exposure period of the camera (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 regulate exposure time and 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 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 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.
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 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.
Zewail also fails to teach wherein the mirror is fixed at the electron beam inlet in the objective lens, wherein the mirror comprises a through hole formed along the optical axis, wherein the electron beam passes through the through hole to enter the electron beam inlet.
However, Nagayama teaches wherein the mirror is fixed at the electron beam inlet in the objective lens (Fig. 4 as annotated below), wherein the mirror comprises a through hole formed along the optical axis, wherein the electron beam passes through the through hole to enter the electron beam inlet (the mounting center holes 82, 84, and 89 each have a diameter set so as not to prevent passage of the electron ray (0.1 to 1 mm). Therefore, the light microscope 8 of FIG. 4 allows observation and shooting of the specimen 10, simultaneously by the transmission electron microscope 2 and the light microscope 8 (para. [0055])).
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To be clear, Zewail teaches a TEM wherein “spatiotemporal synchronization of the electron pulses to the pump pulses is made along the entire sample area and with attosecond precision (para. [0148]).” Nagayama teaches a compound microscope which allows for observation and shooting of a specimen simultaneously ([0055]), where the specimen is positioned along the electro-optical path. One way in which Zewail and Nagayama differ is that Zewails’s mirror is positioned inside the objective, whereas Figure 4 of Nagayama teaches the use of a mirror with a through hole along the electro-optical axis both in the objective lens and at the objective lens inlet. 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 Nagayama such that the mirror and its associated lasers are placed above the objective lens. Doing so is a matter of simple substitution for achieving the predictable result of maintaining an electro-optical path for simultaneous observation and shooting of a specimen. Specifically, Nagayama, like Zewail, is a finding that it was known to position the mirror inside the objective lens of a TEM (fig. 3 of Nagayama showing mirror 41 positioned inside the objective lens). Moreover, Nagayama is a finding that one of ordinary skill in the art could have substituted the positioning of the mirror inside the objective lens for positioning the mirror above the objective lens (fig. 4, mirror 81 and light source is positioned above the objective lens instead of inside as shown in figure 3 of Nagayama and taught in Zewail ). Therefore, it would have been obvious to substitute the positioning of the mirror above the objective as suggested in Nagayama instead of inside the objective because the substitution yield predictable results of irradiating the sample with the light source (see MPEP 2143(I)(B)). Moreover, such positioning would facilitate coaxial alignment of the light source and the electron beam so as to improve simultaneous observation of the sample by light and transmission electrons ([0049], [0055]). Additionally because the sources are coaxially aligned, an image of the sample may initially be taken by the light source prior to electron irradiation to allow the field of view to be identified prior to electron irradiation so as to avoid damage to the specimen during the search for the field of view ([0070])
Further, 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 Nagayama by replacing mirror 168 with mirror 8 of Nagayama such that the mirror has a through hole formed along the optical axis and the mirror is fixed at the objective lens inlet. Doing so achieves improved alignment by coaxially positioning the light incident the sample with the electron beam for simultaneous observation and shooting of the specimen.
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 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 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 the plurality of exposure durations in the camera. Such a feature is what allows movie mode to “focus on important events (Reed; para. [0016]).”
Conclusion
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/MICA JILLIAN EINHORN/Examiner, Art Unit 2881 /MICHAEL J LOGIE/ Primary Examiner, Art Unit 2881
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