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.
Claim(s) 1-2, 5-6, 8-9, 11-12, 15-16, 18-19 and 21 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Yokhin et al. (US 20090067573).
Regarding claim 1, Yokhin teaches an x-ray apparatus, comprising:
a mount 35 that is configured to hold a sample;
an x-ray source 36 that is configured to direct an x-ray beam toward a first side of the sample W;
a small angle x-ray scattering detector 38 that is positioned downstream to a second side of the sample, and configured to detect at least a part of a SAXS pattern formed by x-rays that have been transmitted through the sample and exited through the second side (figure 1 and 26, 36+); and
an x-ray fluorescence detector 32 that is configured to detect fluorescent x-rays emitted from the sample, wherein the XRF detector comprises an aperture (the housing of the detector 32 has an aperture, e.g. window, figure 2).
Regarding claim 2, Ogata teaches the XRF detector is positioned upstream to the first side of the sample (the XRF 32 is positioned above the sample, figure 1).
Regarding claim 5, Ogata teaches the XRF detector is positioned downstream to the second side of the sample (the XRF 32 is positioned after the beam contact the sample, figure 2).
Regarding claim 6, Yokhin teaches the aperture is shaped and sized to enable the at least part of the SAXS pattern to reach the SAXS detector (the XEF 32 detect fluorescence beam through entrance, figure 1).
Regarding claim 8, Yokhin teaches the XRF detector is shaped and positioned to detect fluorescent x-rays emitted from the sample over a large solid angle (the XEF 32 detect fluorescence beam through entrance, figure 1).
Regarding claim 9, Yokhin teaches the XRF detector comprises at least one independent radiation sensing segment (detector elements).
Regarding claim 11, Yokhin teaches a method, comprising: holding a sample by a mount 10; directing an x-ray beam 36 toward a first side of the sample; and detecting, by a small angle x-ray scattering (SAXS) detector 38 that is positioned downstream to a second side of the sample, at least a part of a SAXS pattern formed by x-rays that have been transmitted through the sample and exited through the second side; and detecting, by an x-ray fluorescence (XRF) detector 32, fluorescent x-rays emitted from the sample, wherein the XRF detector comprises an aperture (the housing of the detector 32 has an aperture, e.g. window, figure 2).
Regarding claim 12, Yokhin teaches the XRF detector is positioned upstream to the first side of the sample (the XRF 32 is positioned above the sample, figure 1).
Regarding claim 15, Yokhin teaches the XRF detector is positioned downstream to the second side of the sample (the XRF 32 is positioned after the beam contact the sample, figure 1).
Regarding claim 16, Yokhin teaches the aperture is shaped and sized to enable the at least part of the SAXS pattern to reach the SAXS detector (the XEF 32 detect fluorescence beam through entrance, figure 1).
Regarding claim 18, Yokhin teaches the XRF detector is shaped and positioned to detect fluorescent x-rays emitted from the sample over a large solid angle (the XEF 32 detect fluorescence beam through entrance, figure 1).
Regarding claim 19, Yokhin teaches the XRF detector comprises at least one independent radiation sensing segment (detector elements).
Regarding claim 21, Yokhin teaches a non-transitory computer readable medium that stores instructions for: holding a sample by a mount; directing an x-ray beam toward a first side of the sample; detecting, by a small angle x-ray scattering (SAXS) detector that is positioned downstream to a second side of the sample, at least a part of a SAXS pattern formed by x-rays that have been transmitted through the sample and exited through the second side; and detecting, by an x-ray fluorescence (XRF) detector, fluorescent x-rays emitted from the sample, wherein the XRF detector comprises an aperture (the housing of the detector 32 has an aperture, e.g. window, figure 2).
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) 4, 10, 14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogata in view of Pois et al. (US 20150308969).
Regarding claims 4 and 14, Ogata fails to teach the XRF detector is located within less than five millimeters from the first side of the sample.
Pois teaches a XRF detector is located within less than five millimeters from the first side of a sample (para 33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the location of Ogata with the location as taught by Pois, since it would provide constant results.
Regarding claims 10 and 20, Ogata fails to teach the XRF detector comprises at least one independent silicon drift detector.
Pois teaches XRF detector comprises at least one independent silicon drift detector (para 33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the detector of Ogata with the detector as taught by Pois, since it would provide better counting rates and/or S/N ratio.
Allowable Subject Matter
Claim 7 is allowed.
Claims 3, 13 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.
Regarding claim 3, the prior art fails to teach the x-ray source is configured to direct the x-ray beam to pass through the aperture of the XRF detector as claimed in claims 3 and 13.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 7 and 17, the prior art fails to teach the apparatus comprises an additional x-ray source that is configured to direct another x-ray beam to pass through the aperture as claimed in claims 7 and 17.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/HOON K SONG/Primary Examiner, Art Unit 2884
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