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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-14 in the reply filed on 07/30/2026 is acknowledged.
Claim Objections
Claims 1 and 10 are objected to because of the following informalities:
Claim 1 has a superfluous comma in the last clause that should be removed;
Claim 10 refers to ‘a laser’, however, it appears this should read ‘the laser’.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,990,313. Although the claims at issue are not identical, they are not patentably distinct from each other. See the correspondence of the claims via the underlined elements below.
Instant Application
USPN 11,990,313
1. A system, comprising:
a transmission electron microscope (TEM);
a plurality of mirrors forming an optical cavity, the optical cavity positioned to allow an electron beam provided by the TEM to pass through a focal spot of the optical cavity;
a laser with variable polarization angle of laser light coupled to the optical cavity, the laser to provide a laser beam of a specified wavelength and the variable polarization angle to the optical cavity, wherein the plurality of mirrors are configured to reflect the laser beam to provide a standing wave optical phase plate to cause a modulation of the electron beam; and
an image plane of the TEM positioned to receive the electron beam modulated by the standing wave optical phase plate, to form an image according to the variable polarization angle.
1. A system, comprising:
a transmission electron microscope (TEM) having a back focal plane;
a plurality of mirrors forming an optical cavity, a focal spot of the optical cavity positioned at the back focal plane of the TEM, the optical cavity positioned to allow an electron beam provided by the TEM to pass through the focal spot of the optical cavity, and the optical cavity being operable to admit a laser beam;
a laser with variable polarization angle of laser light coupled to the optical cavity and operable to provide a laser beam of a specified wavelength and the variable polarization angle to enter the optical cavity, the laser beam being reflected from the plurality of mirrors to provide a standing wave optical phase plate focused at the back focal plane of the TEM to cause a modulation of the electron beam; and
an image plane of the TEM positioned to receive the electron beam modulated by the standing wave optical phase plate, to form an image according to the variable polarization angle.
2. The system of claim 1, further comprising:
a half-wave plate; and
a rotator, arranged to hold and rotate the half-wave plate to provide the variable polarization angle of the laser light.
2. The system of claim 1, further comprising:
a half-wave plate; and
a rotator, arranged to hold and rotate the half-wave plate to provide the variable polarization angle of the laser light.
3. The system of claim 1, further comprising:
a fiber-optic member to couple the laser to the optical cavity, wherein the fiber-optic member is bendable or rotatable to provide the variable polarization angle of the laser light.
3. The system of claim 1, further comprising:
a fiber-optic member to couple the laser to the optical cavity, wherein the fiber-optic member is bendable or rotatable to provide the variable polarization angle of the laser light.
4. The system of claim 1, further comprising:
an electron camera or one or more sensors, positioned at the image plane and operable to analyze a Ronchigram and provide feedback for automatic control of the variable polarization angle of the laser light.
4. The system of claim 1, further comprising:
an electron camera or one or more sensors, positioned at the image plane and operable to analyze a Ronchigram and provide feedback for automatic control of the variable polarization angle of the laser light.
5. The system of claim 1, wherein the variable polarization angle of the laser light is variable between at least a first phase plate profile having a standing wave in a Ronchigram formed at the image plane, and a second phase plate profile without a standing wave in the Ronchigram.
5. The system of claim 1, wherein the polarization angle of the laser light is variable between at least a first phase plate profile having a standing wave in a Ronchigram formed at the image plane, and a second phase plate profile without a standing wave in the Ronchigram.
6. The system of claim 1, wherein the variable polarization angle of the laser light has two or more presets.
6. The system of claim 1, wherein the polarization angle of the laser light has two or more presets.
7. The system of claim 1, wherein the variable polarization angle of the laser light has one or more of a manual adjustment or an automatic adjustment.
7. The system of claim 1, wherein the polarization angle of the laser light has one or more of a manual adjustment or an automatic adjustment.
8. A method, comprising:
generating an electron beam in a transmission electron microscope (TEM);
admitting the electron beam along an axis through a center of an optical cavity, the optical cavity being defined by a first mirror and a second mirror;
admitting a laser beam having a variable polarization angle of laser light to the optical cavity, the laser beam being reflected from the first mirror and the second mirror to generate a standing wave optical phase plate to cause a modulation of the electron beam;
imaging the electron beam in an image plane of the TEM positioned to receive the electron beam modulated by the standing wave optical phase plate, to form an image; and
varying the variable polarization angle of the laser light.
8. A method, comprising:
generating an electron beam in a transmission electron microscope (TEM) having a back focal plane;
admitting the electron beam along an axis through a center of an optical cavity, the optical cavity being positioned at the back focal plane, and the optical cavity being defined by a first mirror and a second mirror;
admitting a laser beam having a variable polarization angle of laser light to the optical cavity, the laser beam being reflected from the first mirror and the second mirror to generate a standing wave optical phase plate focused at the back focal plane of the TEM to cause a modulation of the electron beam;
imaging the electron beam in an image plane of the TEM positioned to receive the electron beam modulated by the standing wave optical phase plate, to form an image; and
varying the polarization angle of the laser light.
9. The method of claim 8, further comprising:
rotating a half-wave plate, to provide the variable polarization angle of the laser light.
9. The method of claim 8, further comprising:
rotating a half-wave plate, to provide the variable polarization angle of the laser light.
10. The method of claim 8, further comprising:
rotating or bending a fiber-optic member that couples a laser to the optical cavity, to provide the variable polarization angle of the laser light.
10. The method of claim 8, further comprising:
rotating or bending a fiber-optic member that couples a laser to the optical cavity, to provide the variable polarization angle of the laser light.
11. The method of claim 8, further comprising:
analyzing, based on output of sensors or an electron camera, a Ronchigram that is formed at the image plane; and
controlling the variable polarization angle of the laser light, based on the analyzing.
11. The method of claim 8, further comprising:
analyzing, based on output of sensors or an electron camera, a Ronchigram that is formed at the image plane; and
controlling the variable polarization angle of the laser light, based on the analyzing.
12. The method of claim 8, wherein the varying the variable polarization angle of the laser light is to vary contrast enhancement of the image, and wherein varying the variable polarization angle of the laser light comprises:
varying between a first phase plate profile having a standing wave in a Ronchigram formed at the image plane, and a second phase plate profile without a standing wave in the Ronchigram.
12. The method of claim 8, wherein the varying the polarization angle of the laser light is to vary contrast enhancement of the image, and wherein varying the polarization angle of the laser light comprises:
varying between a first phase plate profile having a standing wave in a Ronchigram formed at the image plane, and a second phase plate profile without a standing wave in the Ronchigram.
13. The method of claim 8, wherein the varying the variable polarization angle of the laser light comprises:
determining a current angle of the variable polarization angle of the laser light based on two or more presets.
13. The method of claim 8, wherein the varying the polarization angle of the laser light comprises:
determining the polarization angle of the laser light based on two or more presets.
14. The method of claim 8, wherein the varying the variable polarization angle of the laser light comprises:
determining a current angle of the variable polarization angle of the laser light based on manual adjustment or automatic adjustment.
14. The method of claim 8, wherein the varying the polarization angle of the laser light comprises:
determining the polarization angle of the laser light based on manual adjustment or automatic adjustment.
As can be seen in the above mapping, claims 2-5 and 9-11 of the instant application are identical to claims 2-5 and 9-11 of USPN 11,990,313.
Claims 1 and 8 of USPN 11,990,313 clearly anticipate instant claims 1 and 8, respectively (see above).
Claims 6-7 and 12 vary only in the addition of the word ‘variable’ to better maintain consistency in the instant claims relative to claims 6-7 and 12 of USPN 11,990,313, but have the same scope, as the ‘polarization angle’ referred to in such claims of USPN 11,990,313 are required to be variable in the claims (see above). Claims 13 and 14 also similarly added ‘variable’, which does not differentiate in any way from the corresponding claims of USPN 11,990,313.
Instant claims 13-14 vary from claims 13-14 of USPN 11,990,313 in the wording “determining a current angle of the variable polarization angle of the laser light based on…” (Emphasis added by Examiner) in the instant application, as opposed to: “determining the polarization angle of the laser light based on…”. However, ‘a current angle’ is implied in the determination step of the reference patent, as the polarization angle required in USPN 11,990,313 is ‘current’, i.e., the present polarization angle, that is being determined.
Accordingly, each of instant claims 1-14 would clearly be taught by claims 1-14 of USPN 11,990,313, and accordingly, claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,990,313.
Examiner Note Regarding Prior Art Rejections
Examiner notes that because claims 1-14 of the instant application are nearly identical to the claims of allowed parent application 17/640,255 (i.e., corresponding to USPN 11,990,313), the subject matter of the claims similarly achieves distinction over the prior art of record and that searched. The closest prior art identified are those presented in the Notice of Allowance dated 01/24/2024, which have been included by Applicant in the IDS dated 04/12/2024, which accordingly, similarly fail to teach each and every limitation of the claims. Nevertheless, the claims stand as rejected as discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J GASSEN whose telephone number is (571)272-4363. The examiner can normally be reached M-F 9-5.
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/CHRISTOPHER J GASSEN/Examiner, Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881
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