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
This is a first action on the merits for this divisional application filed on 04/24/2024
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hendriksen et al. (US 2021/0072170 A1).
Hendriksen et al. discloses a method for producing a flat crystal [0021], comprising:
providing a sample cell [0019] comprising:
at least one sample space (Fig.2B:231), which is restricted on its first flat side by a first inner side (unlabeled inner surface of 217 as shown in Fig.2B) of a first membrane (Fig.2B:217) and on its second flat side (unlabeled inner surface of 218 as shown in Fig.2B) by a second inner side of a second membrane (Fig.2B:218),
a spacer (Fig.2B:212or 213) arranged between the first (Fig.2B:217) and the second (Fig.2B:218) inner sides, the spacer establishing a distance (unlabeled distance between 217 and 218 as shown in Fig.2B) between the first and second membranes,
a first retaining element (Fig.2B:211) arranged on a first outer side (unlabeled outer side of 217 as shown in Fig.2B), which faces away from the at least one sample space (Fig.2B:231) of the first membrane, and
a second retaining element (Fig.2B:215) arranged on a second outer side (unlabeled outer side of 218 as shown in Fig.2B), which faces away from the at least one sample space (Fig.2B:231) of the second membrane,
wherein the first (Fig.2B:211) and second (Fig.2B:215) retaining elements together form a retaining structure (Fig.2B:211, 232, 217, 218, and 215),
the first and second retaining elements (Fig.2B:211 and 215) each have an aperture (Fig.2B:203, 205, 209, 202, 204, 201, 206, and 210) which is arranged to align with each other in a direction transverse to the first and second flat sides so that a single examination window (Fig.2B:201) is formed, in which the first and second outer sides of the first and second (Fig.2B:217 and 218) membranes are exposed,
introducing [0004] a crystallizable sample solution into the at least one sample space of the sample cell,
introducing the filled sample cell into a crystallization space and providing ambient conditions [0020 in the crystallization space that are favorable for crystal formation in the crystallizable sample solution,
after the crystal has formed in the sample space, removing one or more of the first and the second membranes and a corresponding one of the first and second retaining elements [0040], and
removing [0040] the crystal from the opened sample space.
Hendriksen et al. appears silent to disclose providing more than one examination window.
First, the issue of adding more than one examination window to Henriksen et al. method is a mere matter of Duplication of Parts with the expected results of increasing the volumes of the different samples being inspected.
Hendriksen et al. teaches that the window is used to ensure that samples with multiple sample conditions are vitrified and imaged within the same sample inspection device [0003]. Therefore, in order to increase the volumes of samples being inspected, one of ordinary skill in the art would more examination windows to Hendriksen et al. method so that more volumes of samples can be inspected. 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 to add more examination windows to Hendriksen et al. method so that more volumes of different samples can be inspected.
Regarding claim 2, Hendriksen et al. discloses that the flat crystal is a monocrystal [0018 and 0021].
Regarding claim 3, Hendriksen et al. discloses that one or more of the first inner side of the first membrane (Fig.2B:217) is connected to the spacer (Fig.2B:212or 213), the first outer side of the first membrane is connected to the first retaining element (Fig.2B:211), the second inner side of the second membrane (Fig.2B:218) is connected to the spacer (Fig.2B:212or 213), and the second outer side of the second membrane (Fig.2B:218) is connected to the second retaining element (Fig.2B:215) in a firmly bonded manner.
Regarding claim 4, Hendriksen et al. discloses that the firmly bonded manner [0038] is vacuum-tight.
Regarding claim 5, Hendriksen et al. further discloses a seal (Fig.2B:232 and [0038]), which extends between the first inner side of the first membrane (Fig.2B:217) and the second inner side of the second membrane (Fig.2B:218), in an edge region (Fig.2B:232) and seals off the at least one sample space (Fig.2B:231) from an outer space, wherein the seal comprises at least one access opening (Fig.2B:203), through which the at least one sample space can be filled.
Regarding claim 6, Hendriksen et al. discloses that the spacer (Fig.2B:212or 213), when viewed in a direction transverse to the first and second flat sides, has a constant material thickness so that the first and second inner sides of the first and second membranes are arranged at least approximately plane-parallel to each other (unlabeled inner and outer sides of 217 and 218 as shown in Fig.2B).
Regarding claim 7, Hendriksen et al. discloses that the at least one sample space has an aspect ratio [0034-0038] between a lateral extent, measured in a direction at least approximately parallel to the first and second flat sides, and a thickness, measured in the direction at least approximately perpendicular to the first and second flat sides (unlabeled inner and outer sides of 217 and 218 as shown in Fig.2B), of ten to one or greater.
Regarding claim 8, Hendriksen et al. discloses that the at least one sample space has lateral extents, measured in a direction at least approximately parallel to the first and second flat sides, between 100 µm and 100 mm [0034-0038] and the at least one sample space has a thickness, measured in the direction at least approximately perpendicular to the first and second flat sides (unlabeled inner and outer sides of 217 and 218 as shown in Fig.2B), between 1 nm and 10 µm.
Regarding claim 9, Hendriksen et al. discloses that the plurality of examination windows have a lateral dimension [0034-0038], viewed in a direction at least approximately parallel to the first and second flat sides, (unlabeled inner and outer sides of 217 and 218 as shown in Fig.2B), which is between 10 µm and 200 µm.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hendriksen et al. (US 2021/0072170 A1) in view of Grogan et al. (US 2012/0298883 A1).
Hendriksen et al. discloses a method for producing a flat crystal [0021], comprising:
providing a sample cell [0019] comprising:
at least one sample space (Fig.2B:231), which is restricted on its first flat side by a first inner side (unlabeled inner surface of 217 as shown in Fig.2B) of a first membrane (Fig.2B:217) and on its second flat side (unlabeled inner surface of 218 as shown in Fig.2B) by a second inner side of a second membrane (Fig.2B:218),
a spacer (Fig.2B:212or 213) arranged between the first (Fig.2B:217) and the second (Fig.2B:218) inner sides, the spacer establishing a distance (unlabeled distance between 217 and 218 as shown in Fig.2B) between the first and second membranes,
a first retaining element (Fig.2B:211) arranged on a first outer side (unlabeled outer side of 217 as shown in Fig.2B), which faces away from the at least one sample space (Fig.2B:231) of the first membrane, and
a second retaining element (Fig.2B:215) arranged on a second outer side (unlabeled outer side of 218 as shown in Fig.2B), which faces away from the at least one sample space (Fig.2B:231) of the second membrane,
wherein the first (Fig.2B:211) and second (Fig.2B:215) retaining elements together form a retaining structure (Fig.2B:211, 232, 217, 218, and 215),
the first and second retaining elements (Fig.2B:211 and 215) each have an aperture (Fig.2B:203, 205, 209, 202, 204, 201, 206, and 210) which is arranged to align with each other in a direction transverse to the first and second flat sides so that a single examination window (Fig.2B:201) is formed, in which the first and second outer sides of the first and second (Fig.2B:217 and 218) membranes are exposed,
introducing [0004] a crystallizable sample solution into the at least one sample space of the sample cell,
introducing the filled sample cell into a crystallization space and providing ambient conditions [0020 in the crystallization space that are favorable for crystal formation in the crystallizable sample solution,
after the crystal has formed in the sample space, removing one or more of the first and the second membranes and a corresponding one of the first and second retaining elements [0040], and
removing [0040] the crystal from the opened sample space.
It is noted that the issue of adding more than one examination window to Henriksen et al. method is a mere matter of Duplication of Parts with the expected results of increasing the volumes of the different samples being inspected.
Hendriksen et al. appears silent to disclose providing more than one examination window.
Grogan et al. discloses a flow cell device (Fig.1b) where the device includes multiple viewing windows (Fig.7 b and c; [0016]) since having multiple viewing windows enable to image the mixture at various positions when operating at optional continuous flow mode [0016]. 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 to add Grogan et al. multiple examination windows to Hendriksen et al. method since having multiple viewing windows enable imaging the mixture at various positions when operating at optional continuous flow mode.
Regarding claim 2, Hendriksen et al. discloses that the flat crystal is a monocrystal [0018 and 0021].
Regarding claim 3, Hendriksen et al. discloses that one or more of the first inner side of the first membrane (Fig.2B:217) is connected to the spacer (Fig.2B:212or 213), the first outer side of the first membrane is connected to the first retaining element (Fig.2B:211), the second inner side of the second membrane (Fig.2B:218) is connected to the spacer (Fig.2B:212or 213), and the second outer side of the second membrane (Fig.2B:218) is connected to the second retaining element (Fig.2B:215) in a firmly bonded manner.
Regarding claim 4, Hendriksen et al. discloses that the firmly bonded manner [0038] is vacuum-tight.
Regarding claim 5, Hendriksen et al. further discloses a seal (Fig.2B:232 and [0038]), which extends between the first inner side of the first membrane (Fig.2B:217) and the second inner side of the second membrane (Fig.2B:218), in an edge region (Fig.2B:232) and seals off the at least one sample space (Fig.2B:231) from an outer space, wherein the seal comprises at least one access opening (Fig.2B:203), through which the at least one sample space can be filled.
Regarding claim 6, Hendriksen et al. discloses that the spacer (Fig.2B:212or 213), when viewed in a direction transverse to the first and second flat sides, has a constant material thickness so that the first and second inner sides of the first and second membranes are arranged at least approximately plane-parallel to each other (unlabeled inner and outer sides of 217 and 218 as shown in Fig.2B).
Regarding claim 7, Hendriksen et al. discloses that the at least one sample space has an aspect ratio [0034-0038] between a lateral extent, measured in a direction at least approximately parallel to the first and second flat sides, and a thickness, measured in the direction at least approximately perpendicular to the first and second flat sides (unlabeled inner and outer sides of 217 and 218 as shown in Fig.2B), of ten to one or greater.
Regarding claim 8, Hendriksen et al. discloses that the at least one sample space has lateral extents, measured in a direction at least approximately parallel to the first and second flat sides, between 100 µm and 100 mm [0034-0038] and the at least one sample space has a thickness, measured in the direction at least approximately perpendicular to the first and second flat sides (unlabeled inner and outer sides of 217 and 218 as shown in Fig.2B), between 1 nm and 10 µm.
Regarding claim 9, Hendriksen et al. discloses that the plurality of examination windows have a lateral dimension [0034-0038], viewed in a direction at least approximately parallel to the first and second flat sides, (unlabeled inner and outer sides of 217 and 218 as shown in Fig.2B), which is between 10 µm and 200 µm.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONZER R CHORBAJI whose telephone number is (571)272-1271. The examiner can normally be reached M-F 5:30-12:00 and 6:00-9:00.
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/MONZER R CHORBAJI/Primary Examiner, Art Unit 1799
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