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 Objections
Claim 7 is objected to because of the following informalities: the acronym SSNMR should be defined within the claim when first introduced. Then the acronym can be used alone thereafter. 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 1 - 13 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 1 recites the limitation "the axis" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the axis" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the axis" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claims 2 - 7 are rejected by virtue of their dependency on claim 1.
Claims 9 - 10 are rejected by virtue of their dependency on claim 8.
Claims 11 - 13 are rejected by virtue of their dependency on claim 11.
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 (i.e., changing from AIA to pre-AIA ) 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) 1 – 7 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiwara et al. (2019/0324099).
As to claim 1, Fujiwara et al. (hereinafter Fujiwara) discloses an NMR sample tube comprising a cylinder insert (14), [0039]; of single crystal sapphire [0039, The rotor 12 is a member made of, for example, ceramics or single crystal sapphire and having a positive linear expansion coefficient.]; wherein: the axis of the cylinder insert (14) is aligned with an axis of symmetry of the single crystal; a diameter of the cylinder insert is equal to either an internal or external diameter of a rotor (12) that is configured to receive a sample for solid state nuclear magnetic resonance measurements and is configured to be placed in a recess (24) of a stator (14) of a solid state nuclear magnetic resonance measurement system [0039], [0044]-[0045]; the cylinder insert is a separate component from the rotor [0044]-[0045]; a length of the cylinder insert is less than a length of the rotor to allow sufficient space inside the rotor for the sample [0044]-[0045]; and the cylinder insert is configured to rotate coaxially and at a same angular velocity with the rotor when the cylinder insert is inside the recess of the stator during operation of the nuclear magnetic resonance measurement system [0038], Fig. 1.
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As to claim 2, Fujiwara discloses that wherein the cylinder insert (14) is configured to fit snugly inside the rotor (12) [0044]-[0045].
As to claim 3, Fujiwara discloses that the cylinder insert (14) is external to the rotor (12) and the cylinder insert is shaped to engage a reciprocal shape in the rotor (12) such that rotation of the rotor (12) inside the recess (24) of the stator (14) causes the cylinder (10) to rotate Fig. 1, [0018], [0038], [0044], [0045].
As to claim 4, Fujiwara discloses that the cylinder insert forms an endcap (14) of the rotor (12), Fig. 1, [0039], [0043].
As to claim 5, Fujiwara discloses that wherein the cylinder insert forms a spacer (18, 20) adjacent an endcap (14, 16) of the rotor (12), Fig. 1, [0043].
As to claim 6, Fujiwara discloses that wherein the rotor is made in the greater part of zirconia [0039, The rotor 12 is a member made of, for example, ceramics. As ceramics, for example, zirconia or silicon nitride is used].
As to claim 7, Fujiwara discloses that the rotor body, wherein the rotor (12) body does not include a single crystal sapphire [0039, The rotor 12 is a member made of, for example, ceramics].
Allowable Subject Matter
Claims 8 - 13 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: As to claims 8 – 10, the closest prior art Fujiwara et al. (2019/0324099) discloses inserting, into a recess of a stator of the system, a cylindrical insert and a rotor holding a sample for solid state nuclear resonance measurement, wherein the cylindrical insert is a separate component from the rotor, and wherein the cylindrical insert includes a single crystal sapphire; wherein: the axis of the cylindrical insert is aligned with an axis of symmetry of the single crystal (Fig. 1, [0038]-[0045]). The closest prior art fails to disclose causing the rotor to spin about an axis of the rotor at a first rotational frequency and the cylindrical insert to rotate at a known factor of the first rotational frequency and at a known relative angle to the axis of the rotor; applying a directional magnetic field; adjusting an orientation of the stator until a measured signal from aluminum atoms in the sapphire crystal achieves a maximum amplitude value, whereby the orientation of the stator is within a thousandth of a degree of a magic angle that is 54.7356 degrees with respect to the applied magnetic field; after adjusting the orientation of the stator, collecting solid state nuclear magnetic resonance measurements from the sample in the rotor. These features taken together with the other limitations of the claim renders the claims allowable over prior art.
As to claims 11 - 13, the closest prior art Fujiwara et al. (2019/0324099) discloses inserting, into a recess of a stator of the system, a cylindrical insert and a rotor holding a sample for solid state nuclear resonance measurement, wherein the cylindrical insert is a separate component from the rotor, and wherein the cylindrical insert includes a single crystal sapphire; wherein: the axis of the cylindrical insert is aligned with an axis of symmetry of the single crystal (Fig. 1, [0038]-[0045]). The closest prior art fails to disclose causing the rotor to spin about an axis of the rotor at a first rotational frequency and the cylindrical insert to rotate at a known factor of the first rotational frequency and at a known relative angle to the axis of the rotor; applying a directional magnetic field; determining a current angle based on separation of peaks in a measured signal from aluminum atoms in the sapphire crystal; adjusting an orientation of the stator until the current angle is within a desired tolerance of a target measurement angle different from a magic angle that is 54.7356 degrees with respect to the applied magnetic field; and after adjusting the orientation of the stator, collecting solid state nuclear magnetic resonance measurements from the sample in the rotor. These features taken together with the other limitations of the claim renders the claims allowable over prior art.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant s disclosure.
Johannessen et al. (8,203,339) is cited for its disclosure of an apparatus comprising a magnetic field generator for generating a magnetic field of a predetermined orientation, an element provided in the apparatus at a location that, in use, is within a region of the magnetic field having the predetermined orientation generated by the generator.
Doty et al. (7,170,292) is cited for its disclosure of an improved axial gas bearing for a gas-driven NMR MAS sample rotor is disclosed that utilizes inward flow with a low rotational component over a rotor conical end. A conical flow region is formed between the rotor conical end and a conical stator bearing surface such that the included angle defining the stator surface is not less than the included angle defining the rotor conical end.
Saitoh et al. (2006/0033498) is cited for its disclosure of an NMR apparatus characterized in the shape of a probe coil for transmitting a high-frequency signal to a sample placed in a predetermined uniform magnetic field (B.sub.0) with a predetermined resonance frequency and/or receiving a free induction decay (FID) signal and its construction for mounting.
Doty (4,456,882) is cited for its disclosure of a high speed cylindrical nuclear magnetic resonance (NMR) sample spinner includes a housing to which pressurized air is supplied. A cylindrical stator is mounted within the housing and is adapted to support a receiver coil. There are spaced along the length of the stator a number of circumferentially spaced openings through which the pressurized air is transmitted from the housing to the interior of the stator.
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/REENA AURORA/Primary Examiner, Art Unit 2858
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