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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 3, line 2, “a aperture” and line 3 “the aperture” lack proper antecedent basis. Claim 1 requires a XRF detector having a aperture. It is unclear “a aperture” in line 2 is referring “a aperture” in claim 1 and it is unclear “the aperture” in line 3 is referring “a aperture” in line 2 or “a aperture” in claim 1. (Similar issue exist in claim 13).
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 Ogata et al. (WO 2016059672A1).
Regarding claim 1, Ogata teaches an x-ray apparatus, comprising:
a mount 10 that is configured to hold a sample;
an x-ray source 40 that is configured to direct an x-ray beam toward a first side of the sample W;
a small angle x-ray scattering detector 50 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 (figures 1-2, 11, 27 and 29); and
an x-ray fluorescence detector 60 that is configured to detect fluorescent x-rays emitted from the sample, wherein the XRF detector comprises an aperture (the entrance of the detector 60, figure 2).
Regarding claim 2, Ogata teaches the XRF sensor is positioned upstream to the first side of the sample (the XRF 60 is positioned above the sample, figure 2).
Regarding claim 5, Ogata teaches the XRF sensor is positioned downstream to the second side of the sample (the XRF 60 is positioned after the beam contact the sample, figure 2).
Regarding claim 6, Ogata teaches the aperture is shaped and sized to enable the at least part of the SAXS pattern to reach the SAXS detector (the XEF 60 detect fluorescence beam through entrance, figure 2).
Regarding claim 8, Ogata teaches the XRF detector is shaped and positioned to detect fluorescent x-rays emitted from the sample over a large solid angle (the XEF 60 detect fluorescence beam through entrance, figure 2).
Regarding claim 9, Ogata teaches the XRF detector comprises at least one independent radiation sensing segment 60.
Regarding claim 11, Ogata teaches a method, comprising: holding a sample by a mount 10; directing an x-ray beam 40 toward a first side of the sample; and detecting, by a small angle x-ray scattering (SAXS) detector 50 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 (figures 1-2, 11, 27 and 29, the entrance of the detector 60, figure 2).
Regarding claim 12, Ogata teaches the XRF sensor is positioned upstream to the first side of the sample (the XRF 60 is positioned above the sample, figure 2).
Regarding claim 15, Ogata teaches the XRF sensor is positioned downstream to the second side of the sample (the XRF 60 is positioned after the beam contact the sample, figure 2).
Regarding claim 16, Ogata teaches the aperture is shaped and sized to enable the at least part of the SAXS pattern to reach the SAXS detector (the XEF 60 detect fluorescence beam through entrance, figure 2).
Regarding claim 18, Ogata teaches the XRF detector is shaped and positioned to detect fluorescent x-rays emitted from the sample over a large solid angle (the XEF 60 detect fluorescence beam through entrance, figure 2).
Regarding claim 19, Ogata teaches the XRF detector comprises at least one independent radiation sensing segment 60.
Regarding claim 21, Ogata 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 (figures 1-2, 11, 27 and 29, the entrance of the detector 60, 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
Claims 7 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:
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOON K SONG whose telephone number is (571)272-2494. The examiner can normally be reached M to Th 10am to 7pm.
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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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/HOON K SONG/Primary Examiner, Art Unit 2884