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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were filed on 15 August 2024. The submissions are in compliance with the provisions of 37 CFR 1.97, and therefore are considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a “sample within a sample chamber” from which light is collected by the at least two collection optics and “a port in the sample chamber”, through which the arm is insertable or inserted into the sample chamber of claim 1, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “ANALYTICAL OPTICAL APPARATUS WITH INTEGRATED COLLECTION OPTICS ON AN ACTUATING ARM” or something equivalently descriptive.
Claim Objections
Claims 2-14 are objected to because they recite “An optical apparatus according to claim…” instead of “The optical apparatus according to claim …” — the claims ultimately depend upon “The optical apparatus according to claim 1”.
Claim 4 is objected to because the claim recites “a collection optic interchange device for changing the collection optic located to direct light” – while antecedence is given to “at least two collection optics” (one of which is considered as “the collection optic” under the broadest reasonable interpretation of the claim), for sake of consistency “changing the collection optic” should be amended to “changing one of the at least two collection optics” or similar if that is the intended interpretation. If that is not the intended interpretation, the claim could be amended to “changing the collection optics” as appears in claim 5.
Claim 12 is objected to as the claim recites “an optical apparatus according to claim 13”, however claim 13 has not been introduced before the appearance of claim 12. Examiner assumes this is a typographical error and will consider the claim as reading “an optical apparatus according to claim 10”, in keeping with the preceding claim.
Appropriate correction is required.
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 5-8 are 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 5, the claim recites “the collection optic interchange system comprises a holder on which the collection optics are mounted, the holder arranged to be movable relative to locate each collection optic to direct light…”. The claim does not recite any structure or reference frame relative to which the holder is movable. Examiner will interpret the claim such that any enabled movement of the holder relative to any structure or frame of reference will read on the limitation.
Claims 6-8 are rejected due to their dependence on the deficiency of claim 5.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0076364 A1 by Mathieu Kociak et al. (herein after “Kociak”). Examiner notes the reference Kociak was cited in the IDS filed 15 August 2024.
Regarding claim 1, Kociak discloses an optical apparatus (Kociak title discloses a cathodoluminescence detection system [optical apparatus]) for use with an analytical apparatus (Kociak title discloses a microscope [analytical apparatus] employing the cathodoluminescence detection system [optical apparatus for use with an analytical apparatus]) arranged to project an analysis beam along an analytical axis towards a sample within a sample chamber (Kociak [0131] discloses that the microscope 100 [analytical apparatus] comprises a source 102 of emission of an electron beam 104 onto a sample 106 [project an analysis beam towards a sample]; fig. 1 shows light source 122 and electron beam 104 where the beam is projected along an axis [analytical axis]; [0140] discloses a collection system for light relative to the vacuum chamber of the microscope [i.e. collection system is within the chamber]; fig. 1 shows the collection optic 112 arranged above the sample within the chamber), the optical apparatus comprising at least two collection optics mounted on an arm, the arm insertable or inserted into the sample chamber through a port in the sample chamber (Kociak [0108] discloses that the optical path [for the collection of light from the sample] comprises at least two optical components, a collection optic and an adjustment optic; fig. 1 and [0133] discloses collection optic 112 and means of adjusting 114; figs. 3-4 and [0147]-[0148] show collection optic 112 and adjustment means [comprising lens 316] within the sample chamber; figs. 3-4 show the optics positioned within an outer cylinder 306 [mounted on an arm] which extends into the sample chamber 302; [0144] discloses that the outer cylinder 306 enters the vacuum chamber via an opening 308 formed in a wall of the vacuum chamber [arm inserted into the sample chamber through a port of the sample chamber]), a sealing element for sealing the port, the sealing element comprising a window (Kociak [0146] and fig. 5 discloses a transparent window seal 312 [sealing element] which preserves the vacuum level within the vacuum chamber [seals the port]; the sealing element comprises a window), wherein the arm is insertable or inserted into the sample chamber to locate the at least two collection optics for separately directing light scattered or generated from a point on the sample out the window (the arm of Kociak has been shown as inserted into the sample chamber; Kociak abstract discloses that the two optical components are capable of collecting and conveying light radiation coming from the illuminated sample to an analysis device; [0131] shows the sample 106 emitting light radiation 108 which is collected by the collection optic 112 and directed through the lens 316 [second collection optic]; as with fig. 3, the optics are within the cylinder 306 [within the arm, as disclosed above], and light is directed from collection optic through window 312 to an optical fiber 116 for analysis).
Regarding claim 2, Kociak discloses the optical apparatus according to claim 1, and further teaches the apparatus wherein one of the at least two collection optics is for directing Raman light out of the window (Kociak figs. 3-4 has disclosed the use of the collection optic 112 to direct light 108 through opening 308 [i.e. window 312 of fig. 5]; given Kociak’s ability to direct light out of the window, MPEP §2114 II. states that “apparatus claims cover what a device is and not what a device does” – in this case, directing Raman light specifically is a recitation of what the device does which does not differentiate the claimed invention from Kociak given the structural capability of Kociak to direct light out of the window).
Regarding claim 3, Kociak discloses the optical apparatus according to claim 2, and further teaches the apparatus wherein another of the at least two collection optics is for imaging the sample (Kociak [0119] discloses that a camera may be used for “imaging or diffraction”, and [0134] and fig. 1 disclose analysis means 118 which can comprise at least a CCD camera [i.e. the camera for imaging of [0119] above]).
Regarding claim 4, Kociak discloses the optical apparatus according to claim 1, and further teaches the apparatus comprising a collection optic interchange device for changing the collection optic located to direct light scattered or generated from a point on the sample out of the window (Kociak [0147] discloses a second cylinder 314 which is removably arranged within the outer cylinder 306; the lens 316 shown in fig. 4 [a collection optic] is arranged within the inner cylinder 314; since the cylinder 314 is removably attached, the inner cylinder constitutes an “interchange device” or changing the optic located to direct light to and through the window to optical fiber 116; additionally, MPEP §2114 II. states that “apparatus claims cover what a device is and not what a device does” – in this case, Kociak discloses a collection optic interchange device [the second cylinder] which is used to change the lens 316 in some way, whether a change in position, removing it completely, replacing it, etc. (see Kociak [0152]) and therefore the interchange device need not change the collection optic located to direct light out of the window).
Regarding claim 5, Kociak discloses the optical apparatus according to claim 4, and further teaches the apparatus wherein the collection optic interchange system comprises a holder on which the collection optics are mounted, the holder arranged to be movable relative to locate each collection optic to direct light scattered or generated from a point on the sample out of the window (see rejection under 35 U.S.C. 112(b) above; Kociak fig. 3 and claims above have disclosed the outer cylinder 306 on which the collection optic 112 and inner cylinder 314 are integrated with [outer cylinder is the holder] – the collection optic 112 is attached to the outer cylinder 306 via two screws 304 ([0143], [0155]); the inner cylinder 314 [comprising lens 30 the, second collection optic] is attachable to the outer cylinder 306 [collection optics are mounted on holder]; Kociak explicitly suggests the aspect of figs 3-5 can/should be combined with the aspect of fig. 6-7, where the [0161] provides statements of analogous components (i.e. cylinder 602 of fig. 6 comprises the outer cylinder 306, inner cylinder 314, lens 316, etc. – references within made to the components of fig. 6 are considered as applicable and equivalent to those of figs 3-5 given the disclosure of Kociak); [0159]-[0160] discloses that the collection optic 112 is integrated with cylinder 602 [holder, outer cylinder 306] and 602 is movable in three dimensions, relative to the sample [given the interpretation under 35 U.S.C. 112(b) above, the cylinder 602 is movable relative to the sample and sample chamber, to better direct light from the sample]).
Regarding claim 6, Kociak discloses the optical apparatus according to claim 5, and further teaches the apparatus wherein the holder is mounted to the arm (Kociak fig. 6 shows cylinder 602 relative to the collection optic 112 – the holder is integrated with the collection optic 112 [constituting at least part of the “arm”], and thus is mounted to the arm).
Regarding claim 8, Kociak discloses the optical apparatus according to claim 5, and further teaches the apparatus wherein the collection optic interchange device 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 (Kociak fig. 6 shows the cylinder 602 [holder] within the sample chamber; [0159] discloses a three dimensional movement device 610 located outside the sample chamber and comprising three micrometric screws 614, 616, 618 used to move the cylinder in three dimensions [screws are actuators also located outside of the sample chamber]; also, [0019] discloses the use of a piezoelectric actuator or capacitive actuator as to move the positioning component), and a transmission linkage for transmitting movement of the actuator outside the sample chamber to movement of the holder within the sample chamber (Kociak [fig. 6 and [0159] show the micrometric screws 614, 616, 618 outside of the sample chamber, where the movement device 610 transmits/translates movement of the screws to movement of the holder within the chamber).
Regarding claim 9, Kociak discloses the optical apparatus according to claim 1, and further teaches the apparatus wherein at least one of the collection optics has an aperture therein for allowing the analytical beam to pass therethrough (Kociak [0137] and fig. 2 discloses the collection optic 112 comprising parabolic mirror 200; the mirror 200 has a through-hole 206 which allows electron beam to pass therethrough to reach sample [aperture for allowing the analytical beam to pass therethrough]).
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.
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 7 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kociak in view of US 2003/0053048 A1by Robert Bennett et al. (herein after “Bennett”). Examiner notes the reference Bennett was cited in the IDS filed 15 August 2024.
Regarding claim 7, Kociak discloses the optical apparatus according to claim 5. Kociak is silent to the optical apparatus according to claim 5, 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 to direct light scattered or generated from a point on the sample out of the window.
However, Bennett does address this limitation. Kociak and Bennett are considered to be analogous to the present invention because they are electron beam microscope apparatus with a light collection optical system comprising an arm.
Bennett discloses the optical apparatus according to claim 5, “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 to direct light scattered or generated from a point on the sample out of the window” (Bennett discloses a similar arm assembly to that of Kociak, wherein a collection optic is inserted within a sample chamber and the position of the optic is adjustable; Bennett [0048] and fig. discloses a cylinder G which is screwed onto an adjusting collar; the collar H is rotatable and effects the translational motion of the collection optic within the microscope; Bennett demonstrates a cylinder [analogous to the cylinder 602 of Kociak, the holder] being mounted rotatably within an optical apparatus such that the position of collection optics are adjustable by rotating said collar [rotated to a plurality of different positions, where each position corresponds to the collection optic being located to direct sample light out the window]; the rotation of the collar H is analogous to the rotation of the inner cylinder 314 of Kociak, which adjusts the position of the lens 316 – the rotation of the collar H [holder] corresponds to a different collection optic having a unique location within the system).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kociak to incorporate 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 to direct light scattered or generated from a point on the sample out of the window as suggested by Bennett for the advantage of compensating and/or correcting for small inaccuracies related to the placement of the retraction arm 22 comprising the collection optics through the orientation of the optical system (Bennett [0120]).
Regarding claim 10, Kociak discloses the optical apparatus according to claim 9. Kociak is silent to the optical apparatus according to claim 9, comprising a delivery optical train for delivering illumination or excitation light from a light source to a corresponding one of the at least two collection optics such that the illumination or excitation light is incident on the sample.
However, Bennett does address this limitation.
Bennett discloses the optical apparatus according to claim 9, “comprising a delivery optical train for delivering illumination or excitation light from a light source to a corresponding one of the at least two collection optics such that the illumination or excitation light is incident on the sample” (Bennett fig. 1 and [0046]-[0047] discloses an arm assembly 22 comprising a parabolic mirror 18 [collection optic] which is inserted into a sample chamber, as does Kociak; fig. 1 shows an optical path 23 [delivery optical train] which leads eventually to optical system; figs. 2 and 4 show the optical system in question, comprising at least one white light source 37 of fig. 2 [light source], or both 514nm laser and 785nm laser shown in fig 4; [0072] discloses that laser sources project an illuminated spot on the sample [illumination light is incident on the sample]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kociak to incorporate a delivery optical train for delivering illumination or excitation light from a light source to a corresponding one of the at least two collection optics such that the illumination or excitation light is incident on the sample as suggested by Bennett for the advantage of compensating and/or correcting for small inaccuracies related to the placement of the retraction arm 22 comprising the collection optics through the orientation of the optical system (Bennett [0120]).
Regarding claim 11, Kociak when modified by Bennett discloses the optical apparatus according to claim 10. Kociak is silent to the optical apparatus according to claim 10, comprising a plurality of delivery optical trains, each delivery optical train for delivering light from a different light source to the corresponding collection optic.
However, Bennett does address this limitation.
Bennett discloses the optical apparatus according to claim 10, “comprising a plurality of delivery optical trains, each delivery optical train for delivering light from a different light source to the corresponding collection optic” (Bennett fig. 4 discloses two separate laser light sources, a 514nm and 785nm source respectively, which are directed each directed to a unique filter 46 (for the 514nm source) and 54 (for the 785nm source), where the filter directs the light to the actuating arm 22; at least between the source and the corresponding filters, a plurality of delivery optical trains exists, where each delivery train emits from a different light source through the actuating arm 22 to a corresponding collection optic).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kociak to incorporate a plurality of delivery optical trains, each delivery optical train for delivering light from a different light source to the corresponding collection optic as suggested by Bennett for the advantage of compensating and/or correcting for small inaccuracies related to the placement of the retraction arm 22 comprising the collection optics through the orientation of the optical system (Bennett [0120]).
Regarding claim 12, Kociak when modified by Bennett discloses the optical apparatus according to claim 10 (see claim objection above), and Kociak further teaches wherein the at least two collection optics comprise a collection optic for directing laser light on to the sample and another collection optic for directing incoherent light onto the sample (Kociak when modified by Bennett within claim 10 has disclosed a delivery optical train for delivering illumination light to the sample, and the combination within claim 11 has disclosed a plurality of different light sources [i.e. laser source and an incoherent source]; under MPEP § 2114 II., “apparatus claims cover what a device is and not what a device does” – in this case, multiple collection optics are present to direct light towards a sample within a sample chamber, whether that light is incoherent or laser is a recitation of what the device does and does not make a contribution over Kociak in view of Bennett).
Regarding claim 13, Kociak when modified by Bennett discloses the optical apparatus according to claim 11. Kociak is silent to the optical apparatus according to claim 11, wherein the delivery optical trains are arranged to direct light from each light source along a common optical path.
However, Bennett does address this limitation.
Bennett discloses the optical apparatus according to claim 11, “wherein the delivery optical trains are arranged to direct light from each light source along a common optical path” (Bennett fig. 1 label 23 represents an optical path from the parabolic mirror 18 within the sample chamber; [0060] discloses a plan view of optical path 23 within fig. 3 (and fig. 4, without actuating mirror 66); the light from the 514nm and 785nm laser light sources within fig. 4 along their respective delivery optical train is directed to the parabolic mirror 18 along a common optical path).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kociak to incorporate wherein the delivery optical trains are arranged to direct light from each light source along a common optical path as suggested by Bennett for the advantage of compensating and/or correcting for small inaccuracies related to the placement of the retraction arm 22 comprising the collection optics through the orientation of the optical system (Bennett [0120]).
Regarding claim 14, Kociak when modified by Bennett discloses the optical apparatus according to claim 13. Kociak is silent to the optical apparatus according to claim 13, wherein the common optical path includes an optical path along the arm.
However, Bennett does address this limitation.
Bennett discloses the optical apparatus according to claim 13, “wherein the common optical path includes an optical path along the arm” (as with the preceding claim, Bennett fig. 1 label 23 represents an optical path from the parabolic mirror 18 within the sample chamber which runs the path of the arm; [0060] discloses a plan view of optical path 23 within fig. 3 (and fig. 4, without actuating mirror 66); the light from the 514nm and 785nm laser light sources within fig. 4 along their respective delivery optical train is directed to the parabolic mirror 18 along a common optical path, that path including an optical path along the arm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kociak to incorporate wherein the common optical path includes an optical path along the arm as suggested by Bennet for the advantage of compensating and/or correcting for small inaccuracies related to the placement of the retraction arm 22 comprising the collection optics through the orientation of the optical system (Bennett [0120]).
Documents Considered but not Relied Upon
The following document(s) were considered but not relied up on for the rejection set forth in this action:
US 2021/0125807 A1 by John Andrew Hunt et al.
US 10,896,802 B2 by Mostafa Maazouz et al.
US 10,707,051 B2 by John Andrew Hunt et al.
US 2018/0158647 A1 by Bao-Hua Niu et al.
US 2008/0185509 A1 by Willaim Ralph Knowles
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA M CARLSON whose telephone number is (571)270-0065. The examiner can normally be reached Mon-Fri. 8:00AM - 5:00PM.
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/JOSHUA M CARLSON/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877