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
Rejections under 35 USC 102
Applicant's arguments filed 04/17/2026 have been fully considered but they are not persuasive because Schoen (previously cited) teaches all of the limitations of claims 17-18, including the amended subject matter: with respect to the amended part of the claim, Schoen teaches a plurality of surfaces defining an interior volume of the instrument enclosure (Fig. 1), the interior volume configured to receive a vacuum enclosure with the instrument positioned therein ([0068] teaches a vacuum housing containing one or more quadrupoles, see also Fig. 2A, and [0060], which states that vacuum pump 220 creates a vacuum inside the mass spectrometer. Consequently, Schoen teaches a vacuum enclosure with the instrument positioned therein.).
Rejections under 35 USC 103
Applicant’s arguments filed 04/17/2026, with respect to the rejections under 35 USC 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 Therefore, the rejection has been withdrawn.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 in view of Shii, et.al. (US 4494000 A).
Since new grounds of rejections not necessitated by applicant’s amendment of the claims nor based on information submitted in an information disclosure statement filed during the period set forth in 37 CFR 1.97(c) with the fee set forth in 37 CFR 1.17(p), this action is NON-FINAL. See MPEP 706.07(a).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schoen, et. al. (US 20070071646 A1), hereinafter Schoen.
Regarding claim 17, Schoen teaches an instrument enclosure for use with a charged particle instrument (housing 110 for use with an analytical instrument (mass spectrometer or microscope, see [0004]), [0028], Fig. 1), the charged particle instrument having a thermal conditioning system ([0036]-[0040], Fig. 1, Fig. 2A), the instrument enclosure comprising:
a plurality of surfaces defining an interior volume of the instrument enclosure (Fig. 1), the interior volume configured to receive a vacuum enclosure with the instrument positioned therein ([0068] teaches a vacuum housing containing one or more quadrupoles, see also Fig. 2A showing the vacuum pump in connection with the mass analyzer 206, and see [0060], which states that vacuum pump 220 creates a vacuum inside the mass spectrometer. Consequently, Schoen teaches a vacuum enclosure with the instrument positioned therein.); and
a heat exchanger disposed within the interior volume and in thermal communication with air in the interior volume (heat exchanger 120, Figs. 1, 2A, 3, [0036]);
wherein the heat exchanger is configured to be fluidly coupled to the thermal conditioning system of the charged particle instrument such that the thermal conditioning system of the charged particle instrument is configured to regulate a temperature of air within the interior volume (Figs. 1, 2A, 3, [0036]-[0037]).
Regarding claim 18, Schoen teaches wherein the heat exchanger includes a finned tube heat exchanger ([0036]).
Regarding claim 19, Schoen teaches further comprising sound dampening configured to decrease effects of ambient noise on the charged particle instrument (housing 110 encloses the analytical instrument, and would consequently have the effect of decreasing ambient noise on the charged particle instrument, Fig. 1, [0028]).
Claim Rejections - 35 USC § 103
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Schoen (US 20070071646 A1) in view of Benjamin, et. al. (US 5820723 A), hereinafter Benjamin.
Regarding claim 20, Although Schoen teaches the instrument enclosure containing a charged particle instrument, Schoen does not explicitly teach wherein the instrument enclosure is retrofittable onto the charged particle instrument.
Benjamin teaches a retrofittable instrument enclosure (Col. 5, lines 15-49).
Benjamin modifies the Schoen by suggesting that the instrument enclosure is retrofittable so as to be retrofittable onto the charged particle instrument of the combination.
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 Benjamin because a retrofittable enclosure allows for design flexibility and modularity that greatly reduces down time for servicing and allows for different components to be attached to carry out different processes (Benjamin, Col. 5, lines 32-49).
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Schoen (US 20070071646 A1), in view of Shii, et.al. (US 4494000 A), hereinafter Shii.
Regarding claim 1, Schoen teaches a charged particle instrument system (analytical instrument 102, [0028], [0004]) comprising:
a charged particle instrument (analytical instrument 102, [0028], [0004], Fig. 1) including
a vacuum enclosure (206 is in vaccum via vacuum pump 220, [0060], Fig. 2A);
an instrument enclosure defining an interior volume, the instrument enclosure being configured to receive at least a portion of the charged particle instrument therein (housing 110, [0028], Fig. 1); and
a thermal conditioning system ([0036]-[0040], Fig. 1, Fig. 2A) including a temperature regulator (cooler 130, [0028], Fig. 1) in thermal communication with the charged particle instrument to regulate a temperature of the charged particle instrument and in thermal communication with the instrument enclosure to regulate a temperature of air within the interior volume of the instrument enclosure (Fig. 1).
While Schoen teaches a charged particle instrument that includes a vacuum enclosure, and mentions a microscope as an analytical instrument in [0004], Schoen’s disclosure focuses on embodiments where the analytical instrument is a mass spectrometer. Consequently, Schoen fails to explicitly teach a charged particle source disposed within the vacuum enclosure, the charged particle source configured to produce a beam of charged particles that propagate along an axis and interact with a specimen;
Shii teaches a charged particle instrument (transmission electron microscope, Col. 2, line 46-47, Fig. 1) including a vacuum enclosure (Fig. 1, Col. 3, line 64-Col. 4, line 5), and a charged particle source disposed within the vacuum enclosure (electron gun 2, Col. 3, line 52-Col. 4, line 5, Fig. 1), the charged particle source configured to produce a beam of charged particles that propagate along an axis and interact with a specimen (Col. 2 line 6-Col. 3, line 5);
Schoen discloses a system including an analytical instrument and discloses that the analytical instrument can be a mass spectrometer or microscope, but only goes into detail regarding embodiments where the analytical instrument is a mass spectrometer. Shii modifies Schoen by suggesting details of the charged particle/analytical instrument where the instrument is an electron microscope.
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 Shii because since Schoen discloses a system including an analytical instrument, where the analytical instrument could be a microscope but does not provide details of a microscope, one of ordinary skill in the art would look to prior art directed to microscopes to understand the details of the microscope and how the microscope could be incorporated into the system of Schoen, such as details of the vacuum enclosure and charged particle source of the microscope. See 2144.08 of the MPEP.
Regarding claim 2, Schoen teaches further comprising an electronic controller configured to control operation of the charged particle instrument, wherein the electronic controller is thermally coupled to the temperature regulator to be cooled by the temperature regulator ([0030], [0046], Fig. 1).
Regarding claim 3, Schoen teaches wherein the enclosure is an acoustic enclosure configured to decrease the effects of ambient noise on the charged particle instrument (housing 110 encloses the analytical instrument, and would consequently have the effect of decreasing ambient noise on the charged particle instrument, Fig. 1, [0028]).
Regarding claim 4, Schoen teaches wherein the thermal conditioning system circulates a working fluid (coolant, [0043]) between the temperature regulator, a heat exchanger (heat exchanger 120, [0028], Fig. 1) disposed within the instrument enclosure ([0036], Fig. 3), and the charged particle instrument ([0046], Fig. 1).
Regarding claim 5, Schoen teaches wherein the thermal conditioning system includes a controller configured to adjust a temperature of the working fluid based on a desired temperature of air within the instrument enclosure and a detected temperature of air within the enclosure ([0041]).
Regarding claim 6, Schoen teaches wherein the working fluid is water ([0043]).
Regarding claim 7, Schoen teaches wherein the heat exchanger within the instrument enclosure includes a finned tube heat exchanger ([0036]).
Claims 8-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Schoen (US 20070071646 A1), Shii (US 4494000 A), Puchberger, et. al. (US 20240021403 A1), hereinafter Puchberger, and Yamazaki (US 20150311029 A1).
Regarding claim 8, Schoen teaches a charged particle instrument system (analytical instrument, [0004]) comprising:
a charged particle instrument (analytical instrument 102, [0028], [0004], Fig. 1) including:
a vacuum enclosure (206 is in vacuum via vacuum pump 220, [0060], Fig. 2A),
an instrument enclosure configured to receive at least a portion of the charged particle instrument, the instrument enclosure including a plurality of surfaces defining an enclosed interior volume of the instrument enclosure and configured to decrease an effect of ambient noise on the charged particle instrument (housing 110 encloses the analytical instrument, and would consequently have the effect of decreasing ambient noise on the charged particle instrument, Fig. 1, [0028]); and
a thermal conditioning system in thermal communication with the instrument enclosure, the thermal conditioning system configured to regulate a temperature of air within the instrument enclosure ([0036]-[0040], Figs. 2A, 3).
Schoen does not teach a charged particle source disposed within the vacuum enclosure, the charged particle source configured to produce a beam of charged particles that propagate along an axis and interact with a specimen, a magnetic assembly disposed within the vacuum enclosure, the magnetic assembly configured to direct the beam of charged particles toward the specimen, and a controller operably coupled to the charged particle source and to the magnetic assembly; the thermal conditioning system in thermal communication with the magnetic assembly, the thermal conditioning system configured to regulate a temperature of the magnetic assembly.
Shii teaches a charged particle instrument (transmission electron microscope, Col. 2, line 46-47, Fig. 1) including a vacuum enclosure (Fig. 1, Col. 3, line 64-Col. 4, line 5), a charged particle source disposed within the vacuum enclosure (electron gun 2, Col. 3, line 52-Col. 4, line 5, Fig. 1), the charged particle source configured to produce a beam of charged particles that propagate along an axis and interact with a specimen (Col. 2 line 6-Col. 3, line 5);
Schoen discloses a system including an analytical instrument and discloses that the analytical instrument can be a mass spectrometer or microscope, but only goes into detail regarding embodiments where the analytical instrument is a mass spectrometer. Shii modifies Schoen by suggesting details of the charged particle/analytical instrument where the instrument is an electron microscope.
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 Shii because since Schoen discloses a system including an analytical instrument, where the analytical instrument could be a microscope but does not provide details of a microscope, one of ordinary skill in the art would look to prior art directed to microscopes to understand the details of the microscope and how the microscope could be incorporated into the system of Schoen, such as details of the vacuum enclosure and charged particle source of the microscope. See 2144.08 of the MPEP.
Puchberger teaches a magnetic assembly (charged particle lens 10 including magnetic circuit assembly 20 comprising at least one permanent magnet 210,211 and a yoke body 25, [0054]-[0055]) disposed within the vacuum enclosure (Figs. 13, 14, [0054], [0095]), the magnetic assembly configured to direct the beam of charged particles toward the specimen (Figs. 13, 14, [0054], [0095]), the thermal conditioning system in thermal communication with the magnetic assembly, the thermal conditioning system configured to regulate a temperature of the magnetic assembly (thermal control assembly 30, [0055]).
Puchberger modifies the combination by suggesting a magnetic assembly in the vacuum enclosure of the charged particle beam device configured to direct the beam toward the specimen, and the thermal conditioning system communicates with and regulates the temperature of the magnetic assembly.
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 Puchberger because a magnetic charged particle lens with temperature control capability allows for adjustment of the optical properties of the lens with high precision, (Puchberger, [0004]-[0005]).
Yamazaki teaches a controller operably coupled to the charged particle source and to the magnetic assembly (controller 22, Fig. 1, [0043], [0056]).
Yamazaki modifies the combination by suggesting a controller operably coupled to the electron source and the magnetic assembly (lens).
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 Yamazaki because a controller can be programmed to control various components of an electron microscope to perform desired routines, (Yamazaki, [0056])
Regarding claim 9, Schoen teaches wherein the thermal conditioning system includes: a chiller disposed outside of the instrument enclosure (cooler 130, [0028], Figs. 1, 2A, 3), a working fluid configured to circulate within the thermal conditioning system (coolant, [0037]), and a heat exchanger disposed within the instrument enclosure and in thermal communication with the chiller (heat exchanger 120, [0036]).
Regarding claim 10, Schoen teaches wherein the chiller is controlled independent of the temperature of air within the instrument enclosure ([0045] immersion cooler is maintained at a certain temperature (23 °C) regardless of temperature data. This is in contrast to the other embodiment described also in [0045]).
Regarding claim 11, Schoen teaches wherein the heat exchanger disposed within the instrument enclosure includes a finned tube heat exchanger ([0036]).
Regarding claim 12, although Schoen does not teach wherein the heat exchanger is a first heat exchanger of a plurality of heat exchangers, a duplication of parts where no new or unexpected result is produced is obvious (see MPEP 2144.04 VI. B.). In re Harza, the courts found that going from one rib to multiple ribs has no patentable significance unless and new and unexpected result is produced. Schoen teaches a heat exchanger (120, [0036], Figs. 1-3). Analogously to Harza, Schoen teaches a single heat exchanger instead of a plurality of heat exchangers. The heat exchanger of Schoen would have the same effect (exchanging heat and regulating temperature/cooling, as evidenced by the instant application in [0044]-[0045]) if duplicated. Consequently, this difference between Schoen and the claimed invention does not have patentable significance because no new or unexpected result is achieved.
Regarding claim 13, Schoen teaches wherein the working fluid includes water ([0043]).
Regarding claim 14, Schoen teaches wherein the heat exchanger disposed within the instrument enclosure is disposed outside of the vacuum enclosure ([0036], Fig. 2A, 3).
Regarding claim 16, Schoen does not teach wherein the instrument is a transmission-type microscope.
Shii teaches wherein the instrument is a transmission-type microscope (transmission electron microscope, Col. 2, line 46-47, Fig. 1).
Schoen discloses a system including an analytical instrument and discloses that the analytical instrument can be a mass spectrometer or microscope, but only goes into detail regarding embodiments where the analytical instrument is a mass spectrometer. Shii modifies Schoen by suggesting details of the charged particle/analytical instrument where the instrument is an transmission electron microscope.
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 Shii because since Schoen discloses a system including an analytical instrument, where the analytical instrument could be a microscope but does not provide details of a microscope, one of ordinary skill in the art would look to prior art directed to microscopes to understand the details of the microscope. See 2144.08 of the MPEP.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Schoen (US 20070071646 A1), Shii (US 4494000 A), Puchberger (US 20240021403 A1), and Yamazaki (US 20150311029 A1), in view of Puchberger (US 20240021403 A1) and Waidhas, et. al. (US 20230282546 A1), hereinafter Waidhas.
Regarding claim 15, Schoen teaches wherein the thermal conditioning system defines a thermal circuit through which the working fluid flows between the chiller and the heat exchanger disposed within the instrument enclosure ([0060], Fig. 2A, Fig. 5, [0081]-[0083]).
Schoen does not teach the magnetic assembly or wherein the heat exchanger disposed within the instrument enclosure and the magnetic assembly are disposed in parallel within the thermal circuit.
Puchberger teaches a magnetic assembly (charged particle lens 10 including magnetic circuit assembly 20 comprising at least one permanent magnet 210,211 and a yoke body 25, [0054]-[0055]) disposed within the thermal circuit (interface 33/cooling conduits 312 with cooling liquid from chiller component 34 create circuit to cool magnet assembly via 31 and 32 [0063], [0064], Fig. 1).
Puchberger modifies the combination by suggesting a magnetic assembly in the vacuum enclosure of the charged particle beam device configured to direct the beam toward the specimen, and the magnetic assembly part of the thermal circuit to regulate its temperature.
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 Puchberger because a magnetic charged particle lens with temperature control capability allows for adjustment of the optical properties of the lens with high precision, (Puchberger, [0004]-[0005]).
The combination does not teach wherein the heat exchanger disposed within the instrument enclosure and the magnetic assembly are disposed in parallel within the thermal circuit.
Waidhas teaches a parallelly arranged thermal circuit (hollow channel 120 transports coolant to mitigate heat [0082], [0026], where Fig. 7 shows channel 120 branching into parallel paths and [0096] states that the parallel paths can rejoin to form a closed-loop configuration).
Waidhas modifies the combination by suggesting a thermal circuit arranged with parallel components.
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 Puchberger because a parallelly arranged thermal circuit allows for faster heat transfer at particular components (Waidhas, [0096]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2016057054 A teaches a temperature control device for charged particle beam device
JP 2007040631 A teaches a cooling water circulation system for scanning electron microscope
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
/DAVID E SMITH/Examiner, Art Unit 2881
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