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 5 and 11 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.
Claim 5 recites “the vertical direction”, but does not define this direction relative to any frame of reference (and does not define any proper orientation of the device or other components of the device). As such, it cannot be ascertained which direction is considered vertical.
Claim 11 recites “a vertical direction”, but does not define this direction relative to any frame of reference (and does not define any proper orientation of the device or other components of the device). As such, it cannot be ascertained which direction is considered vertical.
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, 4, 5, 6, 15, 16, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mikajiri U.S. Patent No. 3,778,621.
Regarding claim 1, Mikajiri discloses an apparatus for coupling a specimen 11 with an instrument (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the apparatus comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49.
Regarding claim 2, Mikajiri discloses that the S-flexure defines a deformed state and a relaxed state (since the S-flexure is a spring [col. 3; line 57]), wherein the S-flexure can be reversibly transitioned between the deformed state and the relaxed state (since the S-flexure is a spring [col. 3; line 57]), and wherein a transition between the deformed state and the relaxed state induces a pivot of the sample cradle 7 (since, as illustrated in figure 7, the plate spring 49 induces a force that pivots the sample holder 7 into place).
Regarding claim 4, Mikajiri discloses a holder body 44, wherein the sample cradle 7 is mechanically coupled with the holder body 44 via a V-flexure (“It is also arranged to slide axially along this axis. This may be accomplished by a V-shaped groove 51 in the bottom of specimen holder 7” [col. 3; lines 43-45]).
Regarding claim 5, Mikajiri discloses that the rear lever arm 45 is mechanically coupled with the front lever arm 45 via a pivot coupling 47, such that a vertical translation of a first end of the rear lever arm induces a complementary translation of the front lever arm in the vertical direction (the vertical direction being the left of figure 7).
Regarding claim 6, Mikajiri discloses that the front lever arm 45 is mechanically coupled with the rear lever arm 45 via a diaphragm 47.
Regarding claim 15, Mikajiri discloses a charged particle beam system (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), comprising: a source of charged particles (since the device is an electron microscope [col. 1; line 4]), configured to generate a beam of charged particles (since the device is an electron microscope [col. 1; line 4]); and an objective section configured to direct at least a portion of the beam of charged particles through a sample holder (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the sample holder comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49.
Regarding claim 16, Mikajiri discloses that the S-flexure defines a deformed state and a relaxed state (since the S-flexure is a spring [col. 3; line 57]), wherein the S-flexure can be reversibly transitioned between the deformed state and the relaxed state (since the S-flexure is a spring [col. 3; line 57]), and wherein a transition between the deformed state and the relaxed state induces a pivot of the sample cradle 7 (since, as illustrated in figure 7, the plate spring 49 induces a force that pivots the sample holder 7 into place).
Regarding claim 17, Mikajiri discloses a holder body 44, wherein the sample cradle 7 is mechanically coupled with the holder body 44 via a V-flexure (“It is also arranged to slide axially along this axis. This may be accomplished by a V-shaped groove 51 in the bottom of specimen holder 7” [col. 3; lines 43-45]).
Regarding claim 18, Mikajiri discloses that the front lever arm 45 is mechanically coupled with the rear lever arm 45 via a diaphragm 47.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mikajiri U.S. Patent No. 3,778,621.
Regarding claim 3, Mikajiri discloses the claimed invention except that while Mikajiri discloses a pivot: “A lever or bell crank 45 is pivotally mounted on specimen stage 44 by pin 47. One arm of lever 45 makes contact with the sidewall of the specimen holder 7 via a convex portion (not shown). The other arms make contact with the opposite wall of the specimen holder by way of a plate spring 49 fixed to said arm of said lever” [col. 3; lines 51-54], there is no explicit disclosure that the pivot describes an angle from about -10 degrees to about 10 degrees, relative to a lateral axis of the sample cradle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the pivot to describe an angle from about -10 degrees to about 10 degrees since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to cause the pivot to describe an angle from about -10 degrees to about 10 degrees for the purpose of ensuring an amount of flexibility that is able to position a sample at a desired location so as to accurately measure the sample by electron microscopy. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mikajiri U.S. Patent No. 3,778,621 in view of Tygard U.S. PGPUB No. 2004/0115035.
Regarding claim 11, Mikajiri discloses the claimed invention except that there is no explicit disclosure that the rear lever arm 45 is mechanically coupled with a linear drive, the linear drive being configured to translate a first end of the rear lever arm in a vertical direction.
Tygard discloses a rear lever arm 120 is mechanically coupled with a linear drive 150, the linear drive 150 being configured to translate a first end of the rear lever arm in a vertical direction (“The hydraulic cylinders 150 exert a linear drive force on the lever portions 121 to pivot the clamping arms 120” [0038]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Mikajiri with the linear drive mechanism of Tygard in order to provide selective actuation of the pivoting arm of Mikajiri while enabling greater force to be exerted on the arm than might otherwise be exerted by a human operator.
Allowable Subject Matter
Claims 7, 8, 9, 10, 19, and 20 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 7; Mikajiri U.S. Patent No. 3,778,621 discloses an apparatus for coupling a specimen 11 with an instrument (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the apparatus comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49. However, although Mikajiri discloses that the front lever arm 45 is mechanically coupled with the rear lever arm 45 via a diaphragm 47, Mikajiri does not disclose that the diaphragm is mechanically coupled with a holder body, defining a vacuum-tight seal with the holder body.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, an apparatus for coupling a specimen with an instrument, the apparatus comprising: a rear lever arm; a front lever arm, mechanically coupled with the rear lever arm via a diaphragm; and a sample cradle, coupled with the front lever arm via an S-flexure; further comprising a holder body, wherein the diaphragm is mechanically coupled with the holder body, defining a vacuum-tight seal with the holder body.
Regarding claim 8; Mikajiri U.S. Patent No. 3,778,621 discloses an apparatus for coupling a specimen 11 with an instrument (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the apparatus comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49. However, there is no explicit disclosure that the front lever arm is mechanically coupled with a damper mass via a viscoelastic ligature.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, an apparatus for coupling a specimen with an instrument, the apparatus comprising: a rear lever arm; a front lever arm, coupled with the rear lever arm; and a sample cradle, coupled with the front lever arm via an S-flexure; further comprising a holder body, wherein the front lever arm is mechanically coupled with a damper mass via a viscoelastic ligature.
Regarding claims 9 and 10; these claims are allowable at least for their dependence, either directly or indirectly, upon claim 8.
Regarding claim 19; Mikajiri U.S. Patent No. 3,778,621 discloses an apparatus for coupling a specimen 11 with an instrument (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the apparatus comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49. However, although Mikajiri discloses that the front lever arm 45 is mechanically coupled with the rear lever arm 45 via a diaphragm 47, Mikajiri does not disclose that the diaphragm is mechanically coupled with a holder body, defining a vacuum-tight seal with the holder body.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, an apparatus for coupling a specimen with an instrument, the apparatus comprising: a rear lever arm; a front lever arm, mechanically coupled with the rear lever arm via a diaphragm; and a sample cradle, coupled with the front lever arm via an S-flexure; further comprising a holder body, wherein the diaphragm is mechanically coupled with the holder body, defining a vacuum-tight seal with the holder body.
Regarding claim 20; Mikajiri U.S. Patent No. 3,778,621 discloses an apparatus for coupling a specimen 11 with an instrument (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the apparatus comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49. However, there is no explicit disclosure that the front lever arm is mechanically coupled with a damper mass via a viscoelastic ligature.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, an apparatus for coupling a specimen with an instrument, the apparatus comprising: a rear lever arm; a front lever arm, coupled with the rear lever arm; and a sample cradle, coupled with the front lever arm via an S-flexure; further comprising a holder body, wherein the front lever arm is mechanically coupled with a damper mass via a viscoelastic ligature.
Claims 12, 13, and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 12; Mikajiri U.S. Patent No. 3,778,621 discloses an apparatus for coupling a specimen 11 with an instrument (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the apparatus comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49. However, Mikajiri does not disclose that the rear lever arm is mechanically coupled with a linear drive, the linear drive being configured to translate a first end of the rear lever arm in a vertical direction.
Tygard U.S. PGPUB No. 2004/0115035 discloses a rear lever arm 120 is mechanically coupled with a linear drive 150, the linear drive 150 being configured to translate a first end of the rear lever arm in a vertical direction (“The hydraulic cylinders 150 exert a linear drive force on the lever portions 121 to pivot the clamping arms 120” [0038]). However, Tygard does not disclose that the rear lever arm is mechanically coupled with a strain gauge.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, an apparatus for coupling a specimen with an instrument, the apparatus comprising: a rear lever arm; a front lever arm, coupled with the rear lever arm; and a sample cradle, coupled with the front lever arm via an S-flexure; wherein the rear lever arm is mechanically coupled with a linear drive; wherein the rear lever arm is mechanically coupled with a strain gauge.
Regarding claim 13; Mikajiri U.S. Patent No. 3,778,621 discloses an apparatus for coupling a specimen 11 with an instrument (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the apparatus comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49. However, Mikajiri does not disclose that the rear lever arm is mechanically coupled with a linear drive, the linear drive being configured to translate a first end of the rear lever arm in a vertical direction.
Tygard U.S. PGPUB No. 2004/0115035 discloses a rear lever arm 120 is mechanically coupled with a linear drive 150, the linear drive 150 being configured to translate a first end of the rear lever arm in a vertical direction (“The hydraulic cylinders 150 exert a linear drive force on the lever portions 121 to pivot the clamping arms 120” [0038]). However, Tygard does not disclose an optical encoder configured to measure a spatial displacement of the linear drive.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, an apparatus for coupling a specimen with an instrument, the apparatus comprising: a rear lever arm; a front lever arm, coupled with the rear lever arm; and a sample cradle, coupled with the front lever arm via an S-flexure; wherein the rear lever arm is mechanically coupled with a linear drive; further comprising an optical encoder configured to measure a spatial displacement of the linear drive.
Regarding claim 14; Mikajiri U.S. Patent No. 3,778,621 discloses an apparatus for coupling a specimen 11 with an instrument (“A specimen tilting device for inserting a specimen into the objective lens of an electron optical device in a direction perpendicular to the electron optical axis of the microscope” [Abstract]), the apparatus comprising: a rear lever arm 45; a front lever arm 45, coupled with the rear lever arm (as illustrated in the annotated copy of figure 7, below):
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and a sample cradle 7, coupled with the front lever arm 45 via an S-flexure 49. However, Mikajiri does not disclose that the rear lever arm is mechanically coupled with a linear drive, the linear drive being configured to translate a first end of the rear lever arm in a vertical direction.
Tygard U.S. PGPUB No. 2004/0115035 discloses a rear lever arm 120 is mechanically coupled with a linear drive 150, the linear drive 150 being configured to translate a first end of the rear lever arm in a vertical direction (“The hydraulic cylinders 150 exert a linear drive force on the lever portions 121 to pivot the clamping arms 120” [0038]). However, Tygard does not disclose a force compensation mechanism, mechanically coupled with the linear drive actuator and configured to oppose a force resulting from a translation of the first end by the actuator.
The prior art fails to teach or reasonably suggest, in combination with the other claim limitations, an apparatus for coupling a specimen with an instrument, the apparatus comprising: a rear lever arm; a front lever arm, coupled with the rear lever arm; and a sample cradle, coupled with the front lever arm via an S-flexure; wherein the rear lever arm is mechanically coupled with a linear drive; further comprising a force compensation mechanism, mechanically coupled with the linear drive actuator and configured to oppose a force resulting from a translation of the first end by the actuator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/Examiner, Art Unit 2881
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