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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, 6-9, 10-11, 13-14, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito (U.S. 2020/0333267).
Regarding claim 1:
Ito discloses an analysis apparatus for analyzing a fine structure of a plate-shaped sample formed to have columnar scattering bodies that are long in a thickness direction and periodically arranged, comprising:
processing circuitry (Fig. 4, 120) configured to
store data of a scattering intensity from the plate-shaped sample measured by transmission of X-rays in one ω scan ([0020], data storage),
perform coordinate conversion from the coordinate of the scattering vector to the coordinate of the tilt of the scattering body ([0038]-[0043], scattering vector changing), with respect to a waveform based on an intensity of a specific diffraction point ([0038], diffraction line) on the two-direction components, using the data of the measured scattering intensity ([0038]-[0043], scattering vector changing),
specify a peak position of the waveform of the intensity with respect to the coordinate of the tilt applied the coordinate conversion ([0055], peak positions), and
calculate a difference ([0054], difference calculations) between the specified peak position and the peak position obtained on the assumption that the scattering body is not tilted from the direction perpendicular to the surface of the plate-shaped sample, on the two-direction components of the tilt of the scattering body ([0054], difference calculations).
Regarding claim 2:
Ito discloses the analysis apparatus according to claim 1, wherein the processing circuitry is further configured to
perform the coordinate conversion to the coordinate of the tilt of the scattering body on at least one of the two-direction components, by a single analysis using a diffraction point at which one of the two-direction components of the scattering vectors is 0 ([0056], scattering intensity pattern at 0).
Regarding claim 4:
Ito discloses the analysis apparatus according to claim 1, wherein
the two-direction components correspond to components in X direction along with the unit cell ([0102], X-direction) and Y direction orthogonal to the X direction ([0102], Y-direction), both of the X and Y directions being parallel to the surface of the plate-shaped sample (fig. 1, X and Y directions are parallel).
Regarding claim 6:
Ito discloses the analysis apparatus according to claim 1, wherein
the processing circuitry is further configured to use a waveform integrated over a plurality of diffraction points as a waveform based on an intensity of a two-direction component of the specific diffraction point ([0063]-[0068], integral using diffraction points).
Regarding claim 7:
It discloses an analysis method for a fine structure of a plate-shaped sample formed to have columnar scattering bodies that are long in a thickness direction and periodically arranged, comprising:
preparing data of a scattering intensity from the plate-shaped sample measured by transmission of X-rays in one ω scan ([0020], data storage);
performing coordinate conversion from the coordinate of the scattering vector to the coordinate of the tilt of the scattering body ([0038]-[0043], scattering vector changing), with respect to a waveform based on an intensity of a specific diffraction point ([0038], diffraction line) on the two-direction components, using the data of the measured scattering intensity ([0038]-[0043], scattering vector changing);
specifying a peak position of the waveform of the intensity with respect to the coordinate of the tilt applied the coordinate conversion ([0055], peak positions); and
calculating a difference between the specified peak position and the peak position ([0054], difference calculations) obtained on the assumption that the scattering body is not tilted from the direction perpendicular to the surface of the plate-shaped sample ([0054], difference calculations), on the two-direction components of the tilt of the scattering body ([0054], difference calculations).
Regarding claim 8:
Ito discloses a non-transitory computer readable recording medium (Fig. 4, 120) having recorded thereon an analysis program for analyzing a fine structure of a plate-shaped sample formed to have columnar scattering bodies that are long in a thickness direction and periodically arranged, the program causing a computer (Fig. 4, 120) to execute the following processes of:
preparing data of a scattering intensity from the plate-shaped sample measured by transmission of X-rays in one ω scan ([0020], data storage);
performing coordinate conversion from the coordinate of the scattering vector to the coordinate of the tilt of the scattering body ([0038]-[0043], scattering vector changing), with respect to a waveform based on an intensity of a specific diffraction point ([0038], diffraction line) on the two-direction components, using the data of the measured scattering intensity ([0038]-[0043], scattering vector changing);
specifying a peak position of the waveform of the intensity with respect to the coordinate of the tilt applied the coordinate conversion ([0055], peak positions); and
calculating a difference between the specified peak position and the peak position ([0054], difference calculations) obtained on the assumption that the scattering body is not tilted from the direction perpendicular to the surface of the plate-shaped sample ([0054], difference calculations), on the two-direction components of the tilt of the scattering body ([0054], difference calculations).
Regarding claim 9:
Ito discloses the method of claim 7, further comprising:
performing the coordinate conversion to the coordinate of the tilt of the scattering body on at least one of the two-direction components, by a single analysis using a diffraction point at which one of the two-direction components of the scattering vectors is 0 ([0056], scattering intensity pattern at 0).
Regarding claim 11:
Ito discloses the method of claim 7, wherein the two-direction components correspond to components in X direction along with the unit cell ([0102], X-direction) and Y direction orthogonal to the X direction ([0102], Y-direction), both of the X and Y directions being parallel to the surface of the plate-shaped sample (fig. 1, X and Y directions are parallel).
Regarding claim 13:
Ito discloses the method of claim 7, further comprising:
using a waveform integrated over a plurality of diffraction points as a waveform based on an intensity of a two-direction component of the specific diffraction point ([0063]-[0068], integral using diffraction points).
Regarding claim 14:
Ito discloses the non-transitory computer readable recording medium of claim 8, further comprising:
performing the coordinate conversion to the coordinate of the tilt of the scattering body on at least one of the two-direction components, by a single analysis using a diffraction point at which one of the two-direction components of the scattering vectors is 0 ([0056], scattering intensity pattern at 0).
Regarding claim 16
Ito discloses the non-transitory computer readable recording medium of claim 8, wherein
the two-direction components correspond to components in X direction along with the unit cell ([0102], X-direction) and Y direction orthogonal to the X direction ([0102], Y-direction), both of the X and Y directions being parallel to the surface of the plate-shaped sample (fig. 1, X and Y directions are parallel).
Regarding claim 18:
Ito discloses the non-transitory computer readable recording medium of claim 8, further comprising:
using a waveform integrated over a plurality of diffraction points as a waveform based on an intensity of a two-direction component of the specific diffraction point ([0063]-[0068], integral using diffraction points).
Allowable Subject Matter
Claim 3, 5, 10, 12, 15, and 17 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: The closest prior art is Ito (U.S. 2020/0333267).
Regarding claim 3:
Ito discloses the analysis apparatus according to claim 1.
However, Ito fails to disclose wherein the processing circuitry is further configured to perform the coordinate conversion to the coordinate of the tilt of the scattering body on the two-direction components, by a loop analysis using a diffraction point where none of the two-direction components of the scattering vectors is not 0.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Regarding claim 5:
Ito discloses the analysis apparatus according to claim 1.
However, Ito fails to disclose wherein the two-direction components correspond to components in a0 direction and being the scanning direction of the ω-scan and a1 direction orthogonal to a0 direction, both of the a0 and a1 directions being parallel to the surface of the plate-shaped sample.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Regarding claim 10:
Ito discloses the method of claim 7.
However, Ito fails to disclose performing the coordinate conversion to the coordinate of the tilt of the scattering body on the two-direction components, by a loop analysis using a diffraction point where none of the two-direction components of the scattering vectors is not 0.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Regarding claim 12:
Ito discloses the method of claim 7.
However, Ito fails to disclose wherein the two-direction components correspond to components in a0 direction and being the scanning direction of the ω-scan and a1 direction orthogonal to a0 direction, both of the a0 and a1 directions being parallel to the surface of the plate-shaped sample.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Regarding claim 15:
Ito discloses the non-transitory computer readable recording medium of claim 8.
However, Ito fails to disclose performing the coordinate conversion to the coordinate of the tilt of the scattering body on the two-direction components, by a loop analysis using a diffraction point where none of the two-direction components of the scattering vectors is not 0.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Regarding claim 17:
Ito discloses the non-transitory computer readable recording medium of claim 8.
However, Ito fails to disclose wherein the two-direction components correspond to components in a0 direction and being the scanning direction of the ω-scan and a1 direction orthogonal to a0 direction, both of the a0 and a1 directions being parallel to the surface of the plate-shaped sample.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884