DETAILED ACTION
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 as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 215 in fig. 1. Please amend the description to include a name for this object and, if necessary for understanding, the general workings of and purpose for the inclusion of the element.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0207058 (Gubbens et al.).
Regarding claim 1, Gubbens et al. discloses a system for electron energy loss spectroscopy comprising:
an electron microscope (fig. 2, element 201),
a bending magnet (fig. 2, element 213);
an electrostatic or magnetic lens located at an entrance end of the bending magnet (fig. 2, elements 211 & 212);
a controller configured to adjust the electrostatic or magnetic lens to compensate for a change in position of a final crossover of the electron beam in the electron microscope (“These lenses are adjusted as a function of the bending magnet drift tube voltage so that the net focal length is constant and no defocusing occurs.” P 11, wherein change in position of the final crossover in the electron microscope is due to bending magnet drift tube voltage, see “The starting energy loss is typically set by adjusting the TEM high voltage, the magnetic field of the bending magnet, or the voltage on an isolated drift tube 14 through the bending magnets.” P 4).
Regarding claim 2, Gubbens et al. discloses the system of claim 1, wherein the controller is configured to adjust the electrostatic or magnetic lens to a first setting associated with a first electron energy level and to a second setting associated with a second electron energy level (“These lenses are adjusted as a function of the bending magnet drift tube voltage so that the net focal length is constant and no defocusing occurs.” P 11, where it is configured to adjust to any number of settings).
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2002/0096632 (Kaji et al.).
Regarding claim 1, Kaji et al. discloses a system for electron energy loss spectroscopy comprising:
an electron microscope (fig. 1a, elements 1-10, 20, and 21),
a bending magnet (fig. 1a, 11);
an electrostatic or magnetic lens located at an entrance end of the bending magnet (fig. 1a, element 16);
a controller configured to adjust the electrostatic or magnetic lens (fig. 1a, element 28) to compensate for a change in position of a final crossover of the electron beam in the electron microscope (“A magnetic field of an electromagnetic field lens 16 is adjusted to focus the spectrum on the electron beam detector 13.” P 38).
Regarding claim 2, Kaji et al. discloses the system of claim 1, wherein the controller is configured to adjust the electrostatic or magnetic lens to a first setting associated with a first electron energy level and to a second setting associated with a second electron energy level (“The overview of the spectrum measuring steps includes steps of (1) an operator enters measuring conditions, (2) an electron energy loss spectrum is measured in a determined exposure time following the measuring conditions, and (3) a peak of zero-loss electron or an inner shell electron excitation peak of a known element is used to correct the energy.” P 45, where first and second settings corresponds to inputting first and second measuring conditions).
Regarding claim 3, Kaji et al. discloses the system of claim 2, wherein the adjustment to a first setting associated with a first electron energy level and to a second setting associated with a second electron energy level is a manually controlled adjustment (“(1) an operator enters measuring conditions,” P 45).
Regarding claim 4, Kaji et al. discloses the system of claim 2, wherein the adjustment to a first setting associated with a first electron energy level and to a second setting associated with a second electron energy level is an automatic adjustment based on stored calibration data (“First, (1) an operator specifies an element shown on the monitor screen of the input apparatus 31, (2) the central controller 29 obtains data corresponding to the element entered from the EELS table stored in the database 24.” P 68).
Regarding claim 5, Kaji et al. discloses the system of claim 2, wherein the adjustment to a first setting associated with a first electron energy level and to a second setting associated with a second electron energy level is an automatic adjustment based on stored calibration data and on a camera length of the electron microscope (“The energy filter controller 28 controls a magnetic field lens for adjusting focus 16, a magnetic lens 15 for magnifying the spectrum, a drift tube 19, and a magnetic field sector 11, and makes an electron beam in an energy range including energy specific to the element incident to the electron beam detector 13.” P 42).
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.
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0207058 (Gubbens et al.).
Regarding claim 3, Gubbens et al. discloses the claimed system except it is silent as to whether the adjustment is manually controlled. Manual control is well-known in the art, and it would have been obvious to a person having ordinary skill in the art at the time the application was filed to use manual control because manual control is simple and requires no additional software.
Regarding claim 4, Gubbens et al. discloses the claimed system except it is silent as to whether the adjustment is an automatic adjustment based on stored calibration data. Automatic adjustment based on stored calibration data is well-known in the art, and it would have been obvious to a person having ordinary skill in the art at the time the application was filed to use automatic adjustment based on stored calibration data so that the adjustment could be done more quickly.
Regarding claim 5, Gubbens et al. discloses the system of claim 2, wherein adjustment to a first setting associated with a first energy level and to a second setting associated with a second energy level is based on a camera length of the electron microscope (“to maintain a constant net focal length” abstract). Gubbens et al. is silent as to whether the adjustment is automatic and further does not disclose whether it is based on stored calibration data. Automatic adjustment based on stored calibration data is well-known in the art, and it would have been obvious to a person having ordinary skill in the art at the time the application was filed to use automatic adjustment based on stored calibration data so that the adjustment could be done more quickly.
Regarding claim 6, Gubbens et al. discloses a method of compensating for chromatic aberration in an electron energy loss spectroscopy system comprising an electron microscope, a bending magnet, and a drift tube, the method comprising:
setting the electron microscope to a camera length (“The starting energy loss is typically set by adjusting the TEM high voltage, the magnetic field of the bending magnet, or the voltage on an isolated drift tube 14 through the bending magnets.” P 4);
setting a first energy offset via a drift tube voltage or bending magnet current (“The starting energy loss is typically set by adjusting the TEM high voltage, the magnetic field of the bending magnet, or the voltage on an isolated drift tube 14 through the bending magnets.” P 4);
adjusting to a first setting a first electrostatic or magnetic lens located at an entry to the bending magnet for a first electron energy level to produce a focused spectrum at a detector (“These lenses are adjusted as a function of the bending magnet drift tube voltage so that the net focal length is constant and no defocusing occurs.” P 11);
moving to a second offset via the drift tube voltage or bending magnet (“The starting energy loss is typically set by adjusting the TEM high voltage, the magnetic field of the bending magnet, or the voltage on an isolated drift tube 14 through the bending magnets.” P 4, where it would have been obvious to a person having ordinary skill in the art to do this if another energy were desired); and
adjusting to a second setting the first electrostatic or magnetic lens located at the entry to the bending magnet for a second electron energy level to produce a focused spectrum at the detector (“These lenses are adjusted as a function of the bending magnet drift tube voltage so that the net focal length is constant and no defocusing occurs.” P 11).
Gubbens does not explicitly disclose storing the first setting of the first electrostatic or magnetic lens together with the camera length and the first electron energy level. However, storing information is well known in the art and it would have been obvious to a person having ordinary skill in the art at the time the application was filed to store this information so that the system could be loaded with necessary parameters the next time such settings are desired without need to repeat the adjustment steps every time, increasing speed.
Regarding claim 7, Gubbens et al. discloses the claimed method, except for applying the stored first setting or a value calculated from the stored first setting to maintain focus of the spectrum for all subsequent spectra for any energy offset applied to the drift tube or bending magnet. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to apply a stored setting to subsequent spectra to remove the need for repeated automatic adjustments, increasing throughput.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2002/0096632 (Kaji et al.).
Regarding claim 6, Kaji et al. discloses a method of compensating for chromatic aberration in an electron energy loss spectroscopy system comprising an electron microscope, a bending magnet, and a drift tube, the method comprising:
setting the electron microscope to a camera length (“The objective lens and a projection lens apply a lens effect to the electron beam which has transmitted through the specimen, and an object point 10 is formed.” P 36);
setting a first energy offset via a drift tube voltage or bending magnet current (“The energy filter controller 28 controls a magnetic field lens for adjusting focus 16, a magnetic lens 15 for magnifying the spectrum, a drift tube 19, and a magnetic field sector 11, and makes an electron beam in an energy range including energy specific to the element incident to the electron beam detector 13.” P 42);
adjusting to a first setting a first electrostatic or magnetic lens located at an entry to the bending magnet for a first electron energy level to produce a focused spectrum at a detector (“The energy filter controller 28 controls a magnetic field lens for adjusting focus 16, a magnetic lens 15 for magnifying the spectrum, a drift tube 19, and a magnetic field sector 11, and makes an electron beam in an energy range including energy specific to the element incident to the electron beam detector 13.” P 42);
moving to a second offset via the drift tube voltage or bending magnet (“The energy filter controller 28 controls a magnetic field lens for adjusting focus 16, a magnetic lens 15 for magnifying the spectrum, a drift tube 19, and a magnetic field sector 11, and makes an electron beam in an energy range including energy specific to the element incident to the electron beam detector 13.” P 42, where operator entering new offset will cause this to occur); and
adjusting to a second setting the first electrostatic or magnetic lens located at the entry to the bending magnet for a second electron energy level to produce a focused spectrum at the detector (“The energy filter controller 28 controls a magnetic field lens for adjusting focus 16, a magnetic lens 15 for magnifying the spectrum, a drift tube 19, and a magnetic field sector 11, and makes an electron beam in an energy range including energy specific to the element incident to the electron beam detector 13.” P 42, where operator entering new offset will cause this to occur).
Kaji does not explicitly disclose storing the first setting of the first electrostatic or magnetic lens together with the camera length and the first electron energy level. However, storing information is well known in the art and it would have been obvious to a person having ordinary skill in the art at the time the application was filed to store this information so that the system could be loaded with necessary parameters the next time such settings are desired without need to repeat the adjustment steps every time, increasing speed.
Regarding claim 7, Kaji et al. discloses the claimed method, except for applying the stored first setting or a value calculated from the stored first setting to maintain focus of the spectrum for all subsequent spectra for any energy offset applied to the drift tube or bending magnet. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to apply a stored setting to subsequent spectra to remove the need for repeated automatic adjustments, increasing throughput.
Regarding claim 8, Kaji et al. discloses the method of claim 6, further comprising: repeating the steps of adjusting the electrostatic or magnetic lens for a plurality of electron energy levels and storing a plurality of settings, each associated with an electron microscope camera length and an electron energy level to create a calibration table (Kaji will this do every time the user enters new measuring conditions).
Regarding claim 9, Kaji et al. discloses the method of claim 8, further comprising: automatically adjusting the electrostatic or magnetic lens based on the electron microscope camera length, electron energy level and the calibration table (“The energy filter controller 28 controls a magnetic field lens for adjusting focus 16, a magnetic lens 15 for magnifying the spectrum, a drift tube 19, and a magnetic field sector 11, and makes an electron beam in an energy range including energy specific to the element incident to the electron beam detector 13.” P 42).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZA W OSENBAUGH-STEWART whose telephone number is (571)270-5782. The examiner can normally be reached 10am - 6pm Pacific Time M-F.
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/ELIZA W OSENBAUGH-STEWART/Primary Examiner, Art Unit 2881