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 .
Notice to Applicants
This communication is in response to the action filed on 03/27/2024.
Claims 12-22 are newly added. Claims 12-22 are pending.
Information Disclosure Statement
The information disclosure statements (IDS’s) filed on 04/30/2024; 03/10/2025; and 01/21/2026 have been considered.
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 non-obviousness.
Claims 12 and 22 are rejected under 35 § U.S.C. 103 as being obvious over US 2015/0160114 A1 to SHIN (hereinafter “SHIN”) in view of US 2005/0056784 A1 to SUBRAMANIAM (hereinafter “SUBRAMANIAM”) in further view of WO 2013/144359 A1 to MOZOLOWSKI et al. (hereinafter “MOZOLOWSKI”).
As per claim 12, SHIN discloses a real-time fluorescence monitoring cryo-focused ion beam processing device (a microscopic imaging device and method of operation which is used to observe fluorescence in cellular samples which are frozen and apply an ion beam effect to the samples; abstract; paragraphs [0045], [0062]), comprising: a vacuum chamber (observation chamber 20 is configured to have attached a vacuum pump 30 in order to vacuum seal said chamber 20 for operation of the microscope scanning device; paragraphs [0010], [0040], [0105]), and a fluorescent marker is arranged in the frozen sample (the sample is a frozen sample and includes fluorescence markers within the frozen sample; paragraphs [0003-0004], [0062]); an ion beam system (the system includes an ion beam device; paragraphs [0045-0047], [0109-0110]), wherein the ion beam system is arranged on the vacuum chamber and directed to the frozen sample (ion beam device 40 produces ion beams to remove a surface of the sample and is situated within chamber 20 and the beam 40 is directed to the sample; paragraphs [0109-0110]), so as to perform an ion beam processing on the frozen sample (the ion beam removes the surface of sample which is frozen; paragraphs [0045-0047], [0109-0110]). SHIN fails to disclose wherein the vacuum chamber is internally provided with a cryo stage for storing a frozen sample, and a fluorescence imaging system, wherein the fluorescence imaging system is arranged on the vacuum chamber and below the frozen sample, so as to emit excitation light to the frozen sample and perform real-time optical imaging.
SUBRAMANIAM discloses wherein the vacuum chamber is internally provided with a cryo stage for storing a frozen sample (the system comprising the sample holder is adapted to further include a cryo stage for keeping samples frozen during the observation steps; paragraphs [0011], [0038], [0070], [0075]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify SHIN to have a cryo stage for storing a frozen sample of SUBRAMANIAM reference. The Suggestion/motivation for doing so would have been to provide the ability to during observation easily hold samples in a frozen state by cooling with liquid nitrogen the sample on the stage as suggested by paragraph [0038] of SUBRAMANIAM. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine SUBRAMANIAM with SHIN to obtain the invention as specified in claim 12.
MOZOLOWSKI discloses and a fluorescence imaging system (a fluorescence imaging system for imaging micropipette plates holding samples; title; abstract; page 2, lines 4-31), wherein the fluorescence imaging system is arranged on the vacuum chamber and below the frozen sample (the fluorescence imaging system and an accompanying light source are positioned below the micropipette plate samples; page 2, lines 4-31; page 4, lines 28-32; page 5, line 5 – page 6, line 4), so as to emit excitation light to the frozen sample and perform real-time optical imaging (the light source emits excitation light to excite the fluorescent cells in the pipettes and images are captures of the samples using a camera performing real time optical imaging by capturing the images after light excitation step; title; abstract; page 2, lines 4-31; page 4, line 28 – page 5, line 4).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to further modify SHIN to have fluorescence imaging system is arranged on the vacuum chamber and below the frozen sample, so as to emit excitation light to the frozen sample and perform real-time optical imaging of MOZOLOWSKI reference. The Suggestion/motivation for doing so would have been to provide excitation energy to get a clearer picture of the fluorescent cells as suggested by page 4, line 28 – page 5, line 4 of MOZOLOWSKI. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine MOZOLOWSKI with modified SHIN to obtain the invention as specified in claim 12.
As per claim 22, SHIN discloses a real-time fluorescence monitoring cryo-focused ion beam processing method (a microscopic imaging device and method of operation which is used to observe fluorescence in cellular samples which are frozen and apply an ion beam effect to the samples; abstract; paragraphs [0028], [0045], [0062]), comprising the following steps: transferring a frozen sample to a vacuum chamber (moving the frozen sample into observation chamber 20 which is configured to have attached a vacuum pump 30 in order to vacuum seal said chamber 20 for operation of the microscope scanning device; paragraphs [0010], [0028], [0040], [0105]); and controlling the ion beam system to start (the system including and controlling an ion beam device ion beam device 40 produces ion beams to remove a surface of the sample and is situated within chamber 20 and the beam 40 is directed to the sample; paragraphs [0045-0047], [0109-0110]), performing ion beam processing on the frozen sample (the ion beam removes the surface of sample which is frozen; paragraphs [0045-0047], [0109-0110]). SHIN fails to disclose and placing the frozen sample on a cryo stage; controlling a fluorescence imaging system to start, sending excitation light to the frozen sample and performing real-time imaging; and monitoring the processing of the frozen sample in real time through the fluorescence imaging system.
SUBRAMANIAM discloses and placing the frozen sample on a cryo stage (the system comprising the sample holder is adapted to further include a cryo stage for keeping samples frozen during the observation steps; paragraphs [0011], [0038], [0070], [0075]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify SHIN to have a cryo stage for storing a frozen sample of SUBRAMANIAM reference. The Suggestion/motivation for doing so would have been to provide the ability to during observation easily hold samples in a frozen state by cooling with liquid nitrogen the sample on the stage as suggested by paragraph [0038] of SUBRAMANIAM. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine SUBRAMANIAM with SHIN to obtain the invention as specified in claim 22.
MOZOLOWSKI discloses controlling a fluorescence imaging system to start (a fluorescence imaging system for imaging micropipette plates holding samples and includes a light source; title; abstract; page 2, lines 4-31), sending excitation light to the frozen sample and performing real-time imaging (the light source emits excitation light to excite the fluorescent cells in the pipettes and images are captures of the samples using a camera performing real time optical imaging by capturing the images after light excitation step; title; abstract; page 2, lines 4-31; page 4, line 28 – page 5, line 4); and monitoring the processing of the frozen sample in real time through the fluorescence imaging system (the fluorescence imaging system and an accompanying light source are positioned below the micropipette plate samples and perform imaging (monitoring) of the samples in real time as the excitation energy is applied; page 2, lines 4-31; page 4, lines 28-32; page 5, line 5 – page 6, line 4).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to further modify SHIN to have fluorescence imaging system emits excitation light to the frozen sample and perform real-time optical fluorescence imaging of MOZOLOWSKI reference. The Suggestion/motivation for doing so would have been to provide excitation energy to get a clearer picture of the fluorescent cells as suggested by page 4, line 28 – page 5, line 4 of MOZOLOWSKI. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine MOZOLOWSKI with modified SHIN to obtain the invention as specified in claim 22.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Claims 13-21 are objected to as being dependent upon a rejected independent base claims 12, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The cited art of record fails to teach, suggest or disclose the limitations/features of “wherein the fluorescence imaging system comprises a laser, an objective lens, a reflector, a barrel lens, a dichroic mirror, an optical filter and an image detector which are sequentially arranged along an optical path; the vacuum chamber is provided with an optical window, and a vacuum flange is hermetically connected to the optical window; one end of the vacuum flange is connected with an optical connection tube, and the other end is connected with a base, the optical connection tube is located outside the vacuum chamber, and the base is located inside the vacuum chamber; the objective lens and the reflector are both arranged on the base; the barrel lens, the dichroic mirror and the optical filter are all arranged in the optical connection tube, and the image detector is arranged at a the side, away from the vacuum flange, of the optical connection tube; the vacuum flange is centrally provided with a light-transmitting piece, and the light-transmitting piece is configured for sealing the vacuum chamber; the laser is arranged on a branch of a tube wall of the optical connection tube, and the laser is located on a side where the dichroic mirror is perpendicular to the optical filter”, recited in claim 13; The examiner would like to note that US 2024/0201088 A1 is the closest prior art to covering the limitations of claim 13 however still lacks essential claimed elements/limitations of the claim.
The cited art of record fails to teach, suggest or disclose the limitations/features of “The real-time fluorescence monitoring cryo-focused ion beam processing device according to claim 13, wherein a linear translation stage is arranged on the base; and the objective lens and the reflector are both arranged on the linear translation stage, and the objective lens and the reflector is driven by the linear translation stage to move towards and/or away from the frozen sample”, recited in claim 14;
The cited art of record fails to teach, suggest or disclose the limitations/features of “The real-time fluorescence monitoring cryo-focused ion beam processing device according to claim 14, wherein the linear translation stage is further provided with an objective lens adjusting device and a reflector adjusting device; the objective lens is arranged on the objective lens adjusting device, and the objective lens adjusting device is configured for driving the objective lens to move and/or rotate in three dimensions; and the reflector is arranged on the reflector adjusting device, and the reflector adjusting device is configured for driving the reflector to move and/or rotate in a plane”, recited in claim 15;
The cited art of record fails to teach, suggest or disclose the limitations/features of “The real-time fluorescence monitoring cryo-focused ion beam processing device according to claim 15, wherein the objective adjusting device comprises an objective lens rotary stage and an objective translating stage; and the objective lens is arranged on the objective lens translation stage, the objective lens translation stage is arranged on the objective lens rotary stage, and the objective lens rotary stage is arranged on the linear translation stage, wherein the objective lens is driven by the objective lens translation stage to move in three dimensions, and is driven by the objective lens rotary stage to rotate”, recited in claim 16;
The cited art of record fails to teach, suggest or disclose the limitations/features of “The real-time fluorescence monitoring cryo-focused ion beam processing device according to claim 15, wherein the reflector adjusting device comprises a reflector translation stage and a reflector rotary stage; and the reflector is arranged on the reflector rotary stage, the reflector rotary stage is arranged on the reflector translation stage, and the reflector translation stage is arranged on the linear translation stage, the reflector is driven by the reflector rotary stage to 5rotate, and is driven by the reflector translation stage to move in the plane”, recited in claim 17;
The cited art of record fails to teach, suggest or disclose the limitations/features of “wherein the vacuum chamber is further provided with an electron beam system for electron beam imaging the frozen sample; and the electron beam system is obliquely arranged relative to the ion beam system, and the electron beam emitted by the electron beam system and the focused ion beam emitted by the ion beam system is intersected at one point, and the frozen sample is located at the intersection point”, recited in claim 18;
The cited art of record fails to teach, suggest or disclose the limitations/features of “The real-time fluorescence monitoring cryo-focused ion beam processing device according to claim 18, wherein the cryo stage is arranged on a position adjusting device, and the position adjusting device is configured for driving the cryo stage to perform position adjustment, wherein the position adjusting device comprises: a first sample translation stage, on which the cryo stage is arranged; a second sample translation stage, which is arranged below the first sample translation stage, a sample lifting stage, which is arranged below the second sample translation stage; and a sample rotary stage, which is arranged on a vacuum chamber door and connected with the sample lifting stage through an L-shaped bracket, wherein the L-shaped bracket, the sample lifting stage, the second sample translation stage, the first sample translation stage and the cryo stage are driven by the sample rotary stage to rotate synchronously”, recited in claim 19;
The cited art of record fails to teach, suggest or disclose the limitations/features of “The real-time fluorescence monitoring cryo-focused ion beam processing device according to claim 18, wherein the cryo stage is an end of the cryo- transfer device, and the cryo-transfer device comprises: a sample transfer tube, wherein a side of the vacuum chamber door is provided with a sample transfer port, and the sample transfer tube is flexibly connected to the sample transfer port through a bellows assembly; a frozen sample transfer holder, an end of which is provided with a Dewar and the 6other end of which is a frozen sample fixing end; wherein the frozen sample fixing end passes through the sample transfer tube, and an outer periphery of the fixing end is connected with an inner wall of the sample transfer tube in a dynamic sealing way, and the frozen sample fixing end passes through the sample transfer port to transfer the frozen sample into the vacuum chamber; an end, where the Dewar is located, is clamped and/or decoupled from the sample transfer tube; and a cryo transfer three-dimensional translation stage, which is connected with the sample transfer tube, and when the frozen sample transfer holder is clamped with the sample transfer tube, the frozen sample transfer holder clamped with the sample transfer tube is driven to move in three dimensions”, recited in claim 20;
The cited art of record fails to teach, suggest or disclose the limitations/features of “The real-time fluorescence monitoring cryo-focused ion beam processing device according to claim 20, wherein the cryo-transfer device further comprises an angle adjusting device, and the angle adjusting device comprises: a sleeve vacuum plate valve housing assembly- wherein one end of which is hermetically connected to the cryo transfer port and the other end of which is hermetically connected to the bellows assembly, one end of the bellows assembly is hermetically connected to the sample transfer tube and the other end of the bellows assembly is fixedly connected to a cryo transfer three-axis translation stage bracket; a worm wheel, which is arranged on the shaft disc, wherein the shaft disc is rotatably sleeved on an outer periphery of the sleeve vacuum plate valve housing assembly, and the shaft disc is fixedly connected with the cryo transfer three- dimensional translation stage bracket; and a worm, wherein an end of which is rotatably connected to a worm bracket, the worm bracket is arranged on the vacuum chamber door, and one end of the worm is connected with a motor and engaged with the worm wheel, wherein when the frozen sample transfer holder is clamped with the sample transfer tube, the motor drives the worm wheel engaged with the worm to rotate, so as to drive the shaft disc, the cryo transfer three-dimensional translation stage, the sample transfer tube, the bellows assembly and the frozen sample transfer holder to rotate synchronously, so as to adjust the frozen sample between the electron beam system and/or the ion beam system”, recited in claim 21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These prior arts include the following:
US 2024/0201088 A1
US 2022/0301810 A1
US 2014/0072104 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN JACOB DHOOGE whose telephone number is (571) 270-0999. The examiner can normally be reached 7:30-5:00.
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, Andrew Bee can be reached on (571) 270-5183. 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.
/Devin Dhooge/
USPTO Patent Examiner
Art Unit 2677
/ANDREW W BEE/Supervisory Patent Examiner, Art Unit 2677