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 .
DETAILED ACTION
Preliminary Amendment
The preliminary amendment filed on 08/15/2024 has been entered into this application. Claims 1-27 are cancelled. Claims 28-52 have been added.
Information Disclosure Statement
The information disclosure statement filed on 08/15/2024 has been entered and considered by the examiner.
Drawings
The drawings filed on 08/15/2024, has been accepted for examination.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “drive mechanism” within the claim(s).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 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 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) 28-47, 50 and 52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kociak et al. (2015/0076364 A1, Applicant cited reference).
Regarding claims 28 and 52, Kociak discloses an optical apparatus/method for use with an analytical apparatus arranged to project an analysis beam along an analytical axis is (i.e. axis of the collection optic and/or beam line) towards a sample within a sample chamber is included a cathodoluminescence detection system (figs. 1-13) [pars. 0005, 0010, 0029, 0057], the optical apparatus comprising
a collection optic mounted on an arm [pars. 0010, 0029 0147] (figs. 3-4 and 6: 112, 306), the arm insertable or inserted into the sample chamber through a port in the sample chamber [pars. 0046-47, 0096, 0143-144, 0155-156] (figs. 3-4: 308, 604), wherein the arm is insertable or inserted into the sample chamber to locate the collection optic for directing light scattered or generated from a point on the sample out of the sample chamber vacuum chamber 302 [pars. 0043, 0158-161], and
a drive mechanism a three-dimensional movement device 610 for moving the collection optic 112/306 within the sample chamber in at least two transverse directions [par. 0159] (fig. 6: 610),
wherein the drive mechanism the three-dimensional movement device 610 is arranged such that, when the arm is inserted into the sample chamber to locate the collection optic for directing the light out of the sample chamber the drive mechanism is located external to the sample chamber vacuum chamber 302 [par. 0159] (fig. 6: 610);
the method comprising operating one or more actuators external to the sample chamber to move a collection optic within the sample chamber vacuum chamber [par. 0159] (fig. 6: 610) such that the collection optic directs light from different points on the sample for each of a plurality of positions of the collection optic in the sample chamber vacuum chamber [par. 0159] (figs. 6-7:614, 616, 618).
For the purpose of clarity, the method claim 52 is taught/suggested by the functions shown/stated/set forth with regards to the apparatus claim(s) 28 as rejected above as being anticipated by Kociak.
As to claims 29-39, Kociak also discloses a structure that is use in a system that is implementing limitations such as, a delivery optical train (optical paths/connections and/or a series of connected optical fiber bundle) [pars. 0133, 0148, 0161] (figs. 1 and 3-4: 114, 116 and 316) for delivering illumination or excitation light from a light source to the collection optic 112 (figs. 3-4) such that the illumination or excitation light is incident on the sample [pars. 0054-58] (claim 29);
a plurality of delivery optical trains (optical paths), each delivery optical train (optical paths/connections and/or a series of connected optical fiber bundle) for delivering light from a different light source to the collection optic or a corresponding collection optic [pars. 0163-164, 0176-178, 0189-191] (figs. 8-11: 800, 900, 1000) (figs. 3-4) (claim 30); the collection optic (i.e. 112) for the light radiation coming from the sample illuminated by a beam [par. 0058] and/or optical fiber 116 to convey the light radiation 108 collected by the collection optic 112 to the analysis means 118 and/or a condenser lens 122 positioned on the side of the electron source 102 and an objective lens 124 positioned on the opposite side [pars. 0133-150] (figs. 6-11) comprises at least two collection optics, one for directing laser light on to the sample and another for directing incoherent light onto the sample (claim 31);
wherein the delivery optical trains are arranged to direct light from each light source along a common optical path [pars. 0142, 0148, 0155, 0158, 0161, 0177] (figs. 7 and 9: 116, 902) (claim 32);
wherein the common optical path includes an optical path along the arm [pars. 0142-143, 0148, 0155, 0158, 0161, 0177] (figs. 6-7: 116, 602) (claim 33); and
a collection optic interchange device for changing the collection optic in the common optical path [pars. 0142-143, 0154-155] (figs. 5-6: 112, 304, 306, 602) (claim 34);
wherein the collection optic interchange system [pars. 0142-143, 0154-155] (figs. 5-6: 112, 304, 306 and 602) comprises a holder on which the collection optics are mounted [par. 0137] (fig. 2: 204), the holder arranged to be movable relative to the optical path to locate each collection optic in the common optical path [pars. 0016-20, 0025 and 0029] (claim 35);
wherein the holder (fig. 2: 112, 202, 204) is mounted to the arm [par. 0142-143] (fig. 3: 304, 306(claim 36);
wherein the holder is rotatably mounted on the arm such that the holder can be rotated to a plurality of different positions, each position corresponding to a different collection optic being located in the common optical path [pars. 0017-18, 0019-20] (claim 37); and wherein the collection optic interchange device three-dimensional movement device 610 comprises an actuator for moving the holder, the actuator arranged at a location in the optical apparatus such that the actuator is located outside the sample chamber when, in use, the holder is located in the sample chamber, and a transmission linkage for transmitting movement of the actuator outside the sample chamber to movement of the holder within the sample chamber [par. 0159] (fig. 6: 610) (claim 38).
As to claim 39, Kociak also discloses a sealing element for sealing the port, the sealing element comprising a window, wherein the arm is insertable or inserted into the sample chamber to locate the collection optic for directing light scattered or generated from the point on the sample out of the sample chamber through the window [pars. 0045-46, 0049, 0146, 0161] (figs. 3-5: 312).
As to claims 40-47, Kociak also discloses a structure that is use in a system that is implementing limitations such as, comprising wherein the drive mechanism the three-dimensional movement device 610 comprises actuators for actuating movement of the collection optic in the at least two transverse directions, the actuators arranged such that, when the arm is inserted into the sample chamber to locate the collection optic for directing the light, the actuators are located external to the sample chamber vacuum chamber 302 [par. 0159] (fig. 6: 610) (claim 40);
wherein the drive mechanism the three-dimensional movement device 610 is arranged such that when the arm is inserted into the sample chamber to locate the collection optic (figs. 3-4 and 6: 112, 306) for directing the light, the collection optic is movable in any direction includes two orthogonal directions substantially perpendicular to the analytical axis [par. 0159] (claims 41, 43);
wherein the drive mechanism the three-dimensional movement device/device 610 is arranged to move the arm, wherein movement of the arm causes movement of the collection optic [par. 0159] (fig. 6: 602, 610) (claim 42);
wherein the drive mechanism the three-dimensional movement device/device 610 comprises a first linear axis substantially parallel to a longitudinal axis of the arm and a range of movement along the first linear axis is sufficient to withdraw the collection optic out of a path of the analytical beam means of translating said collection optic in at least one dimension [pars. 0017, 0159] (fig. 6: 602, 610) (claim 44);
wherein the drive mechanism the three-dimensional movement device/device 610 comprises a second linear axis transverse to the first linear axis, the extent of movement along the first linear axis being greater than an extent of movement along the second linear axis means of translating said collection optic in at least one dimension [pars. 0017, 0159] (fig. 6: 602, 610) (claim 45); and wherein the drive mechanism the three-dimensional movement device/device 610 comprises a third linear axis transverse to the first and second linear axis and the extent of movement along the first linear axis is greater than an extent of movement along the third linear axis [pars. 0017, 0159] (fig. 6: 602, 610) (claim 46); and comprising a flange for sealing a port to the sample chamber through which the arm is inserted, the flange comprising an aperture/hole [par. 0137] (figs 1-2: 104, 206) through which the light is directed by the collection optic 112 and the arm is mounted to be movable relative to the flange within the aperture/hole in the at least two transverse directions [pars. 0023, 0045-46, 0049, 0146, 0161] (figs. 3-5: 312) (claim 47).
As to claim 50, Kociak also discloses a structure that is use in a system that is implementing limitations such as, comprising the cylinder 602 is securely mounted on a three-dimensional movement device anticipates/implied the existence of a brake (micrometric screws) for holding the drive mechanism three-dimensional movement device 610 against forces on the arm resulting from a difference in pressure between the atmosphere within the sample chamber vacuum chamber and atmosphere external to the sample chamber vacuum chamber, wherein the brake (micrometric screws) is on when no power is applied [pars. 0159] (figs. 6-7: 614, 616, 618).
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.
Claims 48-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kociak et al. (2015/0076364 A1, Applicant cited reference) in view of Hollman et al. (2005/0193576 A1, Applicant cited reference).
As to claims 48-49, Kociak teaches of the features of claims 48-49, as applied to claim 28, comprising a drive mechanism a three-dimensional movement device 610 for moving the collection optic 112/306 within the sample chamber in at least two transverse directions [par. 0159] (fig. 6: 610), wherein the drive mechanism the three-dimensional movement device 610 is arranged such that when the arm is inserted into the sample chamber to locate the collection optic (figs. 3-4 and 6: 112, 306) for directing the light, the collection optic is movable in any direction includes two orthogonal directions substantially perpendicular to the analytical axis [par. 0159].
Kociak fail to teach the constructional changes in the device of claim 28, as that claimed by Applicants claims 48-49, such as, wherein the drive mechanism comprises a drive control system for limiting movement of the arm to a specified range, the drive control system programmable to adjust the specified range (claim 48); and wherein the drive mechanism comprises encoders for measuring a position of the or each axis of the drive mechanism, the drive control system limiting an extent of movement of the arm based on the specified range and position measurements generated by the encoders (claim 49).
However, even though, Kociak fail to teach the constructional change(s) of limiting movement of the arm to a specified range with drive control system such as (i.e. programmable system/computer) integrated with an encoder for position measurements, such constructional changes in the device of claim 28 is considered obvious design adjustability, and/or providing a mechanical or automatic means to replace manual activity which has accomplished the same result.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kociak system as desired appropriate such as in the manner set forth in applicant's claims 48-49, in order to accurately limit movement of the arm to a specific range and accurately generate position measurements, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954); and since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Additionally, Hollman from the same field of endeavor teaches of measuring a position of and/or location of mechanism and drive control system limiting an extent of movement of the system based on specified range and position measurements generated (Hollman, [pars. 0077, 0142, 0074] in order to accurately limit movement of the arm/object to a specific range and accurately generate position measurements.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kociak system as desired appropriate such as in the manner set forth in applicant's claims 48-49, in view of Hollman, in order to accurately limit movement of the arm to a specific range and accurately generate position measurements, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify *** by using (i.e. spectral filters/filter lens) for the purpose of (i.e. separating light spatially by wavelength) and use (i.e. the dichroic beamsplitter/mirror) for the purpose of (i.e. detecting the differences in print contrast), as per the teachings of Prober.
Claim 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kociak et al. (2015/0076364 A1, Applicant cited reference).
As to claim 31, Kociak teaches of the system of claim 28 comprising collection optic 112.
Kociak fail to teach the constructional changes in the device of claim 28, as that claimed by Applicants claim 31, such as, comprises at least two collection optics, one for directing laser light on to the sample and another for directing incoherent light onto the sample.
However, even though, Kociak fail to teach the constructional change(s) such as claimed in the system of claim 28, such constructional changes in the device of claim 28 is considered obvious design variation and/or adjustability of shaping/adjusting light in different/ plurality direction, that would amount to a routine and normal procedure of way of directing different type(s) of light.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kociak system as desired appropriate such as in the manner set forth in applicant's claim 31, in order to accurately direct light of different type(s) appropriately, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Allowable Subject Matter
Claim 51 is/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.
As to claim 51, the prior art of record, taken alone or in combination, fails to disclose or render obvious comprising a pressure sensor for measuring the pressure in the sample chamber and a light source control system configured to cause at least one light source to be switched off if the measured pressure in the sample chamber deviates from a pre-set operating pressure, in combination with the rest of the limitations of the claim.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed in the attached form PTO-892 teach of other prior art optical apparatus/method.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877