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 .
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.
Claim 4 is 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.
The term “sufficient” in claim 4 is a relative term which renders the claim indefinite. The term “sufficient” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what amount of heating is considered to be “sufficient”.
Regarding claim 4, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walden, II et al. U.S. PGPUB No. 2019/0080882.
Regarding claim 1, Walden discloses a liquid phase (“the environmental cell is in fluid communication with fluidic inlets and hence the environmental cell can receive liquids and/or gases from an external source and the liquids/and gases are returned from the closed cell to an external source. Alternatively, the liquid and/or gas can be statically trapped within the environmental cell” [0076]) transmission electron microscopy LP-TEM holder (“a microscope sample holder, e.g., for… TEM, STEM” [Abstract]) with integrated temperature regulation for operating with an associated transmission electron microscopy TEM instrument providing an electron beam for imaging (“a sample at multiple temperatures and/or while changing temperatures using an in situ microscope device is described” [0018]), the LP-TEM holder comprising: a liquid phase sample receptacle LPSR, comprising: a liquid compartment (LC) for receiving an associated liquid sample for TEM imaging (“the environmental cell is in fluid communication with fluidic inlets and hence the environmental cell can receive liquids and/or gases from an external source and the liquids/and gases are returned from the closed cell to an external source. Alternatively, the liquid and/or gas can be statically trapped within the environmental cell” [0076]), an upper 102 and a lower 104 TEM window ( “regions in a membrane region that are completely electron transparent, upon which a sample can be placed” [0068]), wherein the electron beam during TEM imaging enters the upper TEM window 102, propagates through said liquid sample, and exits the lower TEM window ([0068]), a first part 106 for mechanically fixating and supporting said LPSR during TEM imaging (“wherein the sample tip (106) of sample holder (100) comprises a window device (102) and the MEMs heating device (104)” [0077]), the first part 106 comprising an integrated temperature regulating unit 104 capable of regulating the temperature of, the LPSR via thermal contact between said first part and said LPSR (“the MEMs heating device (104) described herein wherein at least one heat source element (1) is electrically insulated from the thermally conductive structural frame (2) by a thin dielectric (3) and electrically insulated from any one or more environmental conditions exposed to the device by a covering dielectric (4). The at least one heat source element (1) is arranged so that thermal energy can be efficiently conducted into the thermally conductive structural support frame (2) and then further conducted in a stable and uniform manner to the at least one observation region (5) which is a thin continuous membrane” [0064]), a temperature measuring unit 7 capable of measuring a temperature in said liquid compartment (“at least one secondary sense element (7) is patterned on or near the observation area or on the thermally conductive frame and has a known thermal impedance which is used to monitor the temperature of the device” [0071]), and/or in said first part, and arranged for outputting a corresponding signal (ST) indicative of the temperature (TLC) in the liquid compartment (“at least one secondary sense element (7) is patterned on or near the observation area or on the thermally conductive frame and has a known thermal impedance which is used to monitor the temperature of the device” [0071] – the output temperature value is a signal ST indicative of the temperature TLC in the liquid compartment), and a second part 100 for physically supporting the first part 106 relative to the transmission electron microscopy (TEM) instrument (“the sample tip (106) of sample holder (100)” [0077]), the second part further comprising thermal insulation for containing thermal energy from said integrated temperature regulating unit with respect to the LPSR (“the at least one heat source element is electrically insulated from the thermally conductive structural frame by a dielectric layer positioned there between” [claim 3]), wherein the LPSR is arranged for being heated and/or cooled from said integrated temperature regulating unit in the first part during TEM imaging (“controlling the temperature of the sample during imaging” [0089]), and the temperature of the LPSR is controllable by adjusting the temperature regulation unit according to said signal (ST) from the temperature measuring unit indicative of the temperature in the liquid compartment (“to measure and control the temperature” [0079]).
Regarding claim 2, Walden discloses that the integrated temperature regulating unit comprises one or more of: a heating element, wherein said integrated temperature regulating unit is configured as a heating element, or as a plurality or series of heating elements distributed in the system (“The at least one heat source element (1) is arranged so that thermal energy can be efficiently conducted into the thermally conductive structural support frame (2) and then further conducted in a stable and uniform manner to the at least one observation region (5) which is a thin continuous membrane” [0064]).
Regarding claim 4, Walden discloses that the integrated temperature regulating unit is arranged for sufficient heating, and the thermal contact between the first part and the LPSR is dimensioned for facilitating that, at least a main portion of, said LPSR during a steady state temperature situation is at a substantially constant temperature, preferably within +/- 0.1 K in steady state, in a region with the temperature measuring unit and an imaging zone in the liquid compartment (LC) (“the MEMs heating device (104) described herein wherein at least one heat source element (1) is electrically insulated from the thermally conductive structural frame (2) by a thin dielectric (3) and electrically insulated from any one or more environmental conditions exposed to the device by a covering dielectric (4). The at least one heat source element (1) is arranged so that thermal energy can be efficiently conducted into the thermally conductive structural support frame (2) and then further conducted in a stable and uniform manner to the at least one observation region (5) which is a thin continuous membrane” [0064]).
Regarding claim 5, Walden discloses that the integrated temperature regulating unit has macroscopic dimensions (“The thickness of the conductive structural frame is in a range from 0.00001-1mm, preferably 200-300 μm” [0066]), and the said thermal contact between said first part and said LPSR is provided by one, or more, thermal bridge(s) so as to provide a homogeneous temperature in a region with the temperature measuring unit and an imaging zone in the liquid compartment (LC) (“the MEMs heating device (104) described herein wherein at least one heat source element (1) is electrically insulated from the thermally conductive structural frame (2) by a thin dielectric (3) and electrically insulated from any one or more environmental conditions exposed to the device by a covering dielectric (4). The at least one heat source element (1) is arranged so that thermal energy can be efficiently conducted into the thermally conductive structural support frame (2) and then further conducted in a stable and uniform manner to the at least one observation region (5) which is a thin continuous membrane” [0064]).
Regarding claim 6, Walden discloses that the distance between the liquid confinement in the LPSR and the integrated temperature regulating unit in the first part is of a macroscopic dimension (“The thickness of the conductive structural frame is in a range from 0.00001-1mm, preferably 200-300 μm” [0066]).
Regarding claim 7, Walden discloses that the second part further comprises one, or more, regions with a material 3 providing relative thermal insulation, said region(s) being located adjacent to said first part 106 and at a proximal end in the said second part 100 (as illustrated in figure 4), the opposite and distal end of the second part being arranged for physically supporting LP-TEM holder relative to the transmission electron microscopy (TEM) device during TEM imaging (“at least one heat source element (1) is electrically insulated from the thermally conductive structural frame (2) by a thin dielectric (3) and electrically insulated from any one or more environmental conditions exposed to the device by a covering dielectric (4)” [0064]).
Regarding claim 8, Walden discloses that the integrated temperature regulating unit comprises a plurality of heat sub-sources distributed in the first part; and/or in the LPSR (“at least one heat source element (1)” [0064]).
Regarding claim 9, Walden discloses that the plurality of heat sub-sources (“at least one heat source element (1)” [0064]) is distributed together with said thermal contact between said first part 106 and said LPSR so as to increase and/or optimize a temperature rate of change in the LPSR, and thereby reduce the time and/or drift before a steady state temperature is reached in the LPSR (this limitation is interpreted as an intended use and it is considered that Walden optimizes a temperature rate of change since Walden teaches that it is desirable to perform “a method of imaging a sample at multiple temperatures and/or while changing temperatures using an in situ microscope device” [0018]).
Regarding claim 10, Walden discloses that the LPSR comprises two plane semiconductor elements clamped or bonded together to form a confined liquid compartment, each semiconductor element having a separate TEM window (“Environmental cells are generally constructed using either two window devices “ [0075] – “a “window device” means a device used to create a physical, electron transparent barrier on one boundary and the vacuum environment of the electron microscope and is generally a silicon nitride-based semiconductor micro-machined part, although other semiconductor materials are contemplated” [0059]).
Regarding claim 11, Walden discloses that the first part 106 has a receiving portion adapted for receiving and mechanically fixating said LPSR for assembly of the liquid phase transmission electron microscopy (LP-TEM) holder before TEM imaging (as illustrated in figure 4: “the sample tip (106) of sample holder (100) comprises a window device (102) and the MEMs heating device (104)” [0077]).
Regarding claim 12, Walden discloses that the liquid compartment (LC) in the LPSR comprises one or more, channels for conduction of liquid substantially perpendicular to the electron beam for TEM imaging (“the environmental cell is in fluid communication with fluidic inlets and hence the environmental cell can receive liquids and/or gases from an external source and the liquids/and gases are returned from the closed cell to an external source. Alternatively, the liquid and/or gas can be statically trapped within the environmental cell” [0076]).
Regarding claim 13, Walden discloses that the liquid compartment (LC) in the LPSR comprises one, or more, inlet channel(s) and one, or more, outlet channel(s), the LPSR being arranged for providing a streaming flow from said inlet channel(s) to said outlet channel(s) and TEM imaging at a position along the flow (“the environmental cell is in fluid communication with fluidic inlets and hence the environmental cell can receive liquids and/or gases from an external source and the liquids/and gases are returned from the closed cell to an external source. Alternatively, the liquid and/or gas can be statically trapped within the environmental cell” [0076]).
Regarding claim 14, Walden discloses a TEM sample holder according to claim 1 (as illustrated in figures 4 and 7D, and described in detail, with respect to the rejection of claim 1, above).
Regarding claim 15, Walden discloses a method for controlling a temperature of a TEM sample, the method comprising: providing a LP-TEM sample holder according to claim 1 (as illustrated in figures 4 and 7D, and described in detail, with respect to the rejection of claim 1, above), measuring a temperature in a liquid compartment and or in a part of a first holder according to claim 1 (“at least one secondary sense element (7) is patterned on or near the observation area or on the thermally conductive frame and has a known thermal impedance which is used to monitor the temperature of the device” [0071]), and regulating a temperature of a sample to a target temperature value by providing heating or cooling to said sample with the temperature regulating unit of claim 1 (“the MEMs heating device (104) described herein wherein at least one heat source element (1) is electrically insulated from the thermally conductive structural frame (2) by a thin dielectric (3) and electrically insulated from any one or more environmental conditions exposed to the device by a covering dielectric (4). The at least one heat source element (1) is arranged so that thermal energy can be efficiently conducted into the thermally conductive structural support frame (2) and then further conducted in a stable and uniform manner to the at least one observation region (5) which is a thin continuous membrane” [0064]).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walden, II et al. U.S. PGPUB No. 2019/0080882 in view of Yu et al. U.S. PGPUB No. 2017/0213692.
Regarding claim 3, Walden discloses the claimed invention, except that while Walden discloses a liquid phase sample receptable “to measure and control the temperature” [0072]. However, there is no explicit disclosure that the integrated temperature regulating unit comprises one or more of: a cooling element, and wherein said integrated temperature regulating unit is configured as a cooling element, or as a plurality or series of cooling elements distributed in the system.
Yu discloses A liquid phase transmission electron microscopy LP-TEM holder with integrated temperature regulation for operating with an associated transmission electron microscopy TEM instrument providing an electron beam for imaging (“the TEM liquid sample device were utilized to perform dynamic TEM imaging of liquid samples and materials… Liquid samples were then heated under vacuum by ramping holder temperature from room temperature of about 21 degrees (° C.) to 400° C. in order to observe particle phase transformation in situ” [0023]), the LP-TEM holder comprising: a liquid phase sample receptacle LPSR 100, comprising: a liquid compartment (LC) 8 for receiving an associated liquid sample for TEM imaging, an upper and a lower TEM window 10, wherein the electron beam during TEM imaging enters the upper TEM window, propagates through said liquid sample, and exits the lower TEM window (as illustrated in figure 1A); and an integrated temperature regulating unit comprises one or more of: a cooling element (“heating or cooling during TEM and multimodal imaging” [0014]), and wherein said integrated temperature regulating unit is configured as a cooling element (“heating or cooling during TEM and multimodal imaging” [0014]), or as a plurality or series of cooling elements distributed in the system.
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Walden with the cooling of Yu, in order to optimize TEM imaging for a specific sample type by providing a desired temperature (either heating, or cooling, as necessary).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walden, II et al. U.S. PGPUB No. 2019/0080882 in view of Deshmukh et al. U.S. PGPUB No. 2013/0119267.
Regarding claim 16, Walden discloses a method for controlling a temperature of a TEM sample, the method comprising: providing a LP-TEM sample holder according to claim 1 (as illustrated in figures 4 and 7D, and described in detail, with respect to the rejection of claim 1, above), measuring a temperature in a liquid compartment and or in a part of a first holder according to claim 1 (“at least one secondary sense element (7) is patterned on or near the observation area or on the thermally conductive frame and has a known thermal impedance which is used to monitor the temperature of the device” [0071]), and regulating a temperature of a sample to a target temperature value by providing heating or cooling to said sample with the temperature regulating unit of claim 1 (“the MEMs heating device (104) described herein wherein at least one heat source element (1) is electrically insulated from the thermally conductive structural frame (2) by a thin dielectric (3) and electrically insulated from any one or more environmental conditions exposed to the device by a covering dielectric (4). The at least one heat source element (1) is arranged so that thermal energy can be efficiently conducted into the thermally conductive structural support frame (2) and then further conducted in a stable and uniform manner to the at least one observation region (5) which is a thin continuous membrane” [0064]). However, Walden does not disclose a computer program product being adapted to enable a computer system comprising at least one computer having data storage means in connection therewith to perform the temperature controlling method.
Deshmukh discloses a computer program product being adapted to enable a computer system comprising at least one computer having data storage means in connection therewith to perform the method of controlling the temperature (“The electromagnetic radiation may be modulated using a computer program. This provides dynamic thermal cycling of the specimen between ambient and elevated temperatures” [0024]) of a liquid phase transmission electron microscopy holder (“controlled environmental fluids around the specimen at elevated temperatures is one challenging aspect of in situ imaging and analysis. Fluids referred herein may include liquids, gases or plasma. An electron beam, such as that utilized by a TEM to create a specimen image” [0006]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Walden with the computer control of Deshmukh in order to automate, and therefore more precisely control, temperature control in transmission electron microscopy imaging, thereby improving repeatability and accuracy of measurements made with the transmission electron microscope.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/Examiner, Art Unit 2881