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 § 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.
Claim(s) 1 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stanislav et al. (U.S. Patent Application Publication Number 20180269031, from hereinafter “Stanislav”).
In regards to claim 1, Stanislav teaches a magnetization device comprising a coil, a yoke carrying the coil, a sample holder for holding a sample and two poles of the yoke adjoining the sample holder wherein a gap is present in the yoke between each pole and the coil (FIGS. 1-2, sample holder 8, two coils and a yoke 6, paragraphs 0026-0030, with paragraph 0026 discussing the gap).
In regards to claim 18, Stanislav teaches an electron microscope comprising the limitations of claim 1 (see, i.e., FIGS. 1-2 and abstract).
Allowable Subject Matter
Claim 20 is allowed.
Claims 2-17 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: In regards to claim 20, although the closest prior art cited above does teach some of the limitations of the claim, this reference fails to teach an optical microscope. Stanislav only teaches an electron microscope.
Conclusion
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/NICOLE M IPPOLITO/Primary Examiner, Art Unit 2881