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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations wherein “a first insulative member” as shown in claim 4; “a second insulative member” as shown in claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
"insulative member" in claim 1 is understood to be any physically discrete member of low thermal conductivity that provides structural support while thermally isolating mechanically coupled components.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15 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.
Claim 1 recites “sample support assembly” in line 4 renders the claim indefinite because it is unclear how it relates with the previously recited limitation “a sample support assembly” in line 3-4 of the claim. the limitation should read –the sample support assembly--.
Claim 1 recites that the objective assembly is "operatively aligned with a sample support assembly” in line 3-4 renders the claim indefinite because the claim does not define the requisite degree, tolerance, or axis of alignment that renders an objective assembly "operatively" aligned. The specification at paragraph [0028] states that the objective 12 is in an "operable alignment with sample 14" but provides no objective measurement criterion. The claim does not define what physical, optical, or mechanical condition constitutes "operative" alignment, nor what the metes and bounds of "operatively aligned" are therefore unclear, and a skilled artisan would be unable to determine with reasonable certainty whether any given alignment meets the limitation. See Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898, 901 (2014).
Claims 2, 7, and 12 recite "operatively engaged" without specifying the nature or degree of engagement required. For the same reasons set forth above regarding "operatively aligned," the scope of "operatively engaged" is not reasonably certain to one of ordinary skill in the art. The claims are indefinite.
Claim 3 recites the limitation "the cryogenic assembly" in line 3 lacks proper antecedent basis. Should read –the cryogenic analysis assembly--.
Claims 4–7 recite "a 1st stage support assembly operatively aligned about a 2nd stage sample support assembly" and "a first insulative member engages the 1st stage support assembly with the 2nd stage sample support assembly." The antecedent basis for "the 1st stage support assembly" is first introduced in claim 4, but the phrase "operatively aligned about" a second assembly is structurally vague: it is unclear whether this requires the first stage to surround, support, or merely align with the second stage. The metes and bounds are therefore unclear
Claim 6 recites the limitation "the assembly" in line 2 lacks proper antecedent basis.
Claim 8 recites the limitation "an objective" renders the claim indefinite because it is unclear how it relates with the previously cited limitation “an objective” in claim 1, line 7. For examination purposes, examiner read the limitation as –the objective--.
Claim 8 recites the limitation "the same temperature" in line 3 lacks proper antecedent basis.
Claim 11 recites the limitation "the assembly" in line 2 lacks proper antecedent basis.
Claims 14 and 15 recite "the sample radiation shield is thermally engaged with the 1st stage support" and "the mounting ring is thermally engaged with the sample radiation shield and the 1st stage support," respectively. The term "thermally engaged" does not specify whether direct thermal contact, conductive coupling through an intermediate medium, or merely radiative coupling is required, nor the degree of engagement needed. The scope of these claims is not reasonably certain, rendering them indefinite.
Claims 9, 10, 12 and 13 are also rejected under 35 U.S.C. 112(b) for being dependent upon a rejected claim.
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.
Claim(s) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over NPL-Yao Tian et al., "Low vibration high numerical aperture automated variable temperature Raman microscope” hereinafter “Tian” in view of Snow et al. (US 2010/0050661 A1). Tian NPL is attached in applicant’s IDS dated 05/29/2026.
In regard to claim 1, Tian teaches a cryogenic analysis assembly (cryogenic Raman microscope system; Abstract; p. 043105-1) configured for optical sample analysis (optical Raman spectroscopic analysis of solid-state samples; p. 043105-1), comprising:
an objective assembly (Cryo-Optic module comprising Zeiss 100x, 0.90 NA objective installed inside Cryostation; p. 043105-2; Fig. 3(a)) operatively aligned with a sample support assembly (Agile Temperature Sample Mount (ATSM); p. 043105-5; Fig. 4(c)), both the objective assembly and sample support assembly residing within a vacuum housing (Cryostation outer housing; p. 043105-2; Fig. 3(a), label "outer housing") Tian teaches the Cryo-Optic module (objective assembly) operatively aligned with the ATSM (sample support assembly) on the same optical axis, with both residing within the Cryostation vacuum housing. Tian, p. 043105-2 (objective "installed inside the Cryostation"); p. 043105-4 ("direct mechanical coupling of the objective and sample space inside the vacuum chamber"); Fig. 3(a).
wherein the objective assembly (Cryo-Optic module; Fig. 3(a)) defines an objective mount ("obj. housing"; Fig. 3(a)) supporting an objective ("high NA objective," Zeiss 100x, 0.90 NA; p. 043105-2; Fig. 3(a)) coupled to a mounting ring ("obj. radiation shield" / beryllium copper aperture assembly; p. 043105-4; Fig. 3(a)(b)) within a chamber (interior enclosure of Cryo-Optic module housing / sleeve; Fig. 3(a)) below a heater assembly ("obj. housing heater" / PID temperature controller; p. 043105-2; p. 043105-4; Fig. 3(a), label "obj. housing heater” __ As shown in Figure 3(a) of Tian: the "obj. housing" (objective mount) supports the "high NA objective"; the Cryo-Optic module "mounts directly onto the radiation shield," coupling the objective housing to the "obj. radiation shield" (mounting ring). This coupling is within the enclosure (chamber) of the Cryo-Optic module, positioned below the "obj. housing heater" (heater assembly) which maintains the objective at 310 K via PID control); and
Tian discloses a structure between the objective mount ("obj. housing," Fig. 3(a)) and the mounting ring ("obj. radiation shield", Fig. 3(a)) in the cross-section of Figure 3(a), but does not explicitly disclose an insulative member between the objective mount and the mounting ring, the insulative member supporting the objective mount and thermally isolating the objective mount from the mounting ring.
However, Snow teaches a nested thermally insulating structure (NTIS) for a closed-cycle cryogenic refrigerator comprising: a vacuum shroud (300) encasing all components; a two-stage cold head (high-temperature cold finger 401 at ~40K, low-temperature cold finger 402 at ~4K); a tube coupler / radiation shield mount (103) at 40K serving as the 1st stage support ring; a tubular radiation shield (108) at 40K attached to the tube coupler by a bolted joint; and nested thermally in an insulative member (insulated tubes 102, 104, 106) expressly made from G-10 fiberglass (glass fiber and epoxy resin), PEEK, carbon fiber, or Vespel (¶ 0066) is positioned between a the mount flange base (101) (base of assembly at 300 K) and the tube coupler/radiation shield mount (103) (1st stage support at 40 K), simultaneously providing structural support and thermal isolation (the mount flange 101 at 300 K is connected to the outer thermally insulated tube 102 via epoxy bonding). The insulative member (the outer thermally insulated tube 102) has a temperature gradient throughout its length (thermal isolation), and then supports the radiation shield mount (also called a tube coupler 103) via epoxy bonding (structural support) (See Snow, ¶ 0070-0072; Fig. 7).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to implement an insulative member of the type expressly taught by Snow -- G-10 fiberglass, PEEK, carbon fiber, or Vespel -- between the objective mount ["obj. housing," Tian Fig. 3(a), at 310 K] and the mounting ring ["obj. radiation shield," Tian Fig. 3(a), at ~60 K] of Tian's Cryo-Optic module, for the purpose of both thermal isolation and rigid mechanical support at this interface as key requirements of the Cryo-Optic module design. Snow expressly teaches the structural member that satisfies both requirements simultaneously. A person of ordinary skill in the art, would have applied Snow's insulative structural member solution to the Cryo-Optic module interface described in Tian to meet Tian's stated design requirements.
In regard to claim 2, Tian teaches the assembly of claim 1, further comprising a sample radiation shield ("sample radiation shield"; p. 043105-4; Fig. 3(a), label "sample radiation shield") operatively engaged between the objective assembly (the objective mount "obj. housing" supporting the objective “high NA objective”, above the radiation shield) and the sample support assembly (the ATS platform, below the radiation shield) (see Tian, Fig. 3(a), p. 043105-4).
In regard to claim 3, Tian teaches the assembly of claim 2, wherein the sample radiation shield (obj. radiation shield; Fig. 3(a)(b)) defines at least one opening (objective aperture, 1 mm beryllium copper aperture; p. 043105-4; Fig. 3(b)) configured to allow visual inspection of a sample (optical access for Zeiss objective to view sample below; p. 043105-4).
In regard to claim 4, Tian teaches the assembly of claim 1, wherein the sample support assembly (ATSM; p. 043105-5; Fig. 4(c)) further comprises a 1st stage support assembly ("30 K stage"; Fig. 3(a)) operatively aligned about a 2nd stage sample support assembly ("4 K stage"; Fig. 3(a)), wherein a first insulative member (G-10 thermal standoffs; p. 043105-5) engages the 1st stage support assembly with the 2nd stage sample support assembly. Tian teaches a two-stage sample support assembly. Figure 3(a) expressly labels the "30 K stage" (1st stage support assembly) and "4 K stage" (2nd stage sample support assembly). The G-10 thermal standoffs are the first insulative member, both structurally engaging and thermally isolating the stages: "a 500 um thick copper sample platform is surrounded by a 4 K radiation shield and is radially supported just below the platform by G-10 thermal stand-offs."
In regard to claim 5, Tian teaches the assembly of claim 4, wherein the 1st stage support assembly ( "30 K stage" ring structure; Fig. 3(a)) comprises a support ring ("30 K stage" ring; Fig. 3(a)) engaged with a shield support ("shield junction"; Fig. 3(a)). -- Tian teaches the 1st stage support assembly as a ring structure (30 K stage) engaged with the shield support at the "shield junction" connecting to the sample radiation shield. Figure 3(a) shows the 30 K stage ring (support ring) connected to the "shield junction" (shield support) (Tian, p. 043105-4).
Snow more explicitly teaches this: Snow's tube coupler (103) is the support ring and the tubular radiation shield (108) is the shield support, engaged via a bolted joint: "The connection 111 between the radiation shield mount 103 and the tubular radiation shield 108 as a bolted joint of two pieces of aluminum. Snow teaches the 1st stage support assembly (tube coupler / radiation shield mount (103) at 40K; para. [0082]; Fig. 6) comprises a support ring (tube coupler (103), metallic ring structure; para. [0072], [0082]) engaged with a shield support (tubular radiation shield (108) bolted to tube coupler (103); para. [0082], Fig. 6). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to implement the support ring / shield support configuration taught by Snow in the 1st stage support assembly of Tian's Cryostation in order to isolate the sample from environmental interference and stabilize the setup, blocks stray ambient light for higher imaging contrast, and shields sensitive optics from debris, spills, or thermal fluctuations.
In regard to claim 6, Tian teaches the assembly of claim 5, wherein Tian discloses a structure between the room-temperature housing base (“outer housing" base) and the 1st stage support assembly (30 K stage) (Fig. 3(a), in the cross-section of Figure 3(a)), but does not explicitly disclose a second insulative member between the base and the 1st stage support assembly.
However, Snow teaches an outer thermally insulated tube (102) (second insulative member) -- made from G-10 fiberglass, PEEK, carbon fiber, or Vespel (Snow, para. [0066]) -- is positioned between the mount flange base (101) [base of assembly at 300 K; Snow, para. [0072]; Fig. 7] and the tube coupler / radiation shield mount (103) [1st stage support assembly at 40 K; Snow, para. [0072]]: "The mount flange 101 at 300 K is connected to the outer thermally insulated tube 102 [second insulative member] via epoxy bonding. The outer thermally insulated tube 102 has a temperature gradient throughout its length [thermal isolation], and then supports the radiation shield mount, also called a tube coupler 103 via epoxy bonding." [structural support] Snow, para. [0072]; Fig. 7.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to implement a second insulative member between the room-temperature housing base ["outer housing" base; Tian, Fig. 3(a)] and the 1st stage support assembly ["30 K stage"; Tian, Fig. 3(a)] of Tian's Cryostation system, as taught by Snow, for the purpose of providing proper thermal isolation.
In regard to claim 7, Tian teaches the assembly of claim 4, wherein the 1st stage support assembly ("30 K stage"; Fig. 3(a)) thermally and operatively engages a sample radiation shield ("sample radiation shield" at ~60 K; p. 043105-4; Fig. 3(a)) aligned between the sample support assembly (ATS platform / nano-positioners; Fig. 3(a), below radiation shield) and the objective assembly (Cryo-Optic module; Fig. 3(a), above radiation shield).
In regard to claim 8, Tian teaches the assembly of claim 1, wherein the objective assembly (Cryo-Optic module; Fig. 3(a)) further comprises an objective ("high NA objective," Zeiss 100x, 0.90 NA; p. 043105-2; Fig. 3(a)) coupled to a sleeve ("obj. housing," Cryo-Optic module housing enclosing the objective; Fig. 3(a)), wherein the objective and sleeve are thermally engaged to be maintained at the same temperature (both maintained at 310 +/- 0.5 K by "obj. housing heater" / PID controller; p. 043105-2; Fig. 3(a)). Tian teaches the Zeiss objective (objective) coupled to and enclosed within the Cryo-Optic module housing (sleeve). Figure 3(a) shows the "obj. housing" (sleeve) directly encasing the "high NA objective. Both are maintained at 310 +/- 0.5 K by the "obj. housing heater" via PID control. Heating the sleeve heats the enclosed objective; both equilibrate at the same temperature, satisfying "thermally engaged to be maintained at the same temperature.
In regard to claim 9, Tian teaches the assembly of claim 8, wherein the objective ("high NA objective"; Fig. 3(a)) is movable between positions (threaded copper rings allow axial repositioning of objective within sleeve; p. 043105-4) within a chamber (interior enclosure of Cryo-Optic module housing; Fig. 3(a)) defined by the sleeve ("obj. housing"; Fig. 3(a)).
In regard to claim 10, Tian teaches the assembly of claim 1, further comprising a housing (Cryostation outer housing / vacuum chamber; p. 043105-2; Fig. 3(a), label "outer housing") about the objective assembly (Cryo-Optic module; Fig. 3(a), inside outer housing) and the sample support assembly (ATSM; Fig. 3(a), inside outer housing) (see p. 043105-2, p. 043105-4). Tian teaches the Cryostation outer housing enclosing both the objective assembly (Cryo-Optic module) and the sample support assembly (ATSM). Figure 3(a) labels the "outer housing" enclosing all internal components. Tian, p. 043105-2 (objective "installed inside the Cryostation"); p. 043105-4 ("inside the vacuum chamber").
In regard to claim 11, Tian teaches the assembly of claim 10, wherein the housing (Cryostation outer housing; Fig. 3(a)) defines portals ("top window"; Fig. 3(a), label "top window"; "housing viewing ports 260," p. 043105-4) configured to view the sample (sample on ATS platform; Fig. 3(a)) within the assembly.
In regard to claim 12, Tian teaches the assembly of claim 11, further comprising a sample radiation shield ("sample radiation shield"; p. 043105-4; Fig. 3(a)) engaged between the objective assembly (Cryo-Optic module; Fig. 3(a), above radiation shield) and sample support assembly (ATS platform / nano-positioners; Fig. 3(a), below radiation shield). -- Tian also teaches this limitation as discussed in the rejection of claim 2.
In regard to claim 13, Tian teaches the assembly of claim 12, wherein "the sample support assembly (ATSM; p. 043105-5) includes a 1st stage support ("30 K stage"; Fig. 3(a)) and a 2nd stage sample support ("4 K stage"; Fig. 3(a)) separated by a sample support insulative member (G-10 thermal standoffs; p. 043105-5 -- expressly named and identified by Tian). Tian teaches this limitation as discussed in the rejection of claim 4.
In regard to claim 14, Tian teaches the assembly of claim 13, wherein the sample radiation shield ("sample radiation shield" at ~60 K; Fig. 3(a)) is thermally engaged with the 1st stage support ("30 K stage" connected to sample radiation shield through "shield junction"; Fig. 3(a); p. 043105-4).Tian teaches the objective housing is thermally coupled to the 60 K sample radiation shield through a bolted interface.
In regard to claim 15, Tian teaches the assembly of claim 14, wherein the mounting ring ("obj. radiation shield" / beryllium copper aperture; p. 043105-4; Fig. 3(a)(b)) is thermally engaged with the sample radiation shield ("sample radiation shield"; Fig. 3(a) -- Cryo-Optic module mounts directly onto radiation shield; p. 043105-4) and the 1st stage support ("30 K stage" connected to sample radiation shield through "shield junction"; Fig. 3(a); p. 043105-4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEBESHET MENGESHA whose telephone number is (571)270-1793. The examiner can normally be reached Mon-Thurs 7-4, alternate Fridays, EST. 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, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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