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 § 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)(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 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DiDomizio et al. US 2024/0077438.
Regarding claim 1, DiDomizio discloses a spectrometer analysis system (fig. 1) comprising: a spectrometer (para. 0011) including: an X-ray assembly with one or more X-ray sources and one or more X-ray detectors (para. 0011), and an electronic evaluation unit communicatively coupled to the X-ray assembly (para. 0033) and configured to: digitize electrical signals of a plurality of X-rays received by the one or more X-ray detectors (para. 0033); and determine a pixel spectrum having a plurality of features (para. 0020); a computing device communicatively coupled to the X-ray assembly and the electronic evaluation unit (para. 0004. 0024), wherein the computing device is configured to compare at least one of the plurality of features of the pixel spectrum received at a first time to at least one of the plurality of features of the pixel spectrum received at a second time (para. 0029, 0037-0046); and one or more motors communicatively coupled to the computing device and configured to adjust a distance between a sample and the spectrometer based at least in part on the comparing by the computing device (para. 0024-0026).
Regarding claim 2, DiDomizio discloses wherein the one or more motors are further configured to move at least one of the sample or the spectrometer in an X-direction and a Y- direction (para. 0024).
Regarding claim 3, DiDomizio discloses wherein the spectrometer is coupled to a Z- stage configured to move in a Z-direction (para. 0024).
Regarding claim 4, DiDomizio discloses wherein the sample is coupled to at least one Z-stage configured to move in a Z-direction (para. 0024).
Regarding claim 5, DiDomizio discloses wherein the distance between the sample and the spectrometer is in a Z-direction (para. 0025).
Regarding claim 6, DiDomizio discloses wherein a scanning modality of the spectrometer or the sample is in one of a raster, a sinusoidal, a rotational, a spiral, a cycloid, or a Lissajous pattern (para. 0035).
Regarding claim 7, DiDomizio discloses wherein the spectrometer is coupled to a robotic arm (para. 0024).
Regarding claim 8, DiDomizio discloses one or more position sensors configured to provide a signal used by the one or more motors to maintain a consistent distance between the spectrometer and the sample (para. 0024-0025).
Regarding claim 9, DiDomizio discloses a method of XRF analysis (entire disclosure), comprising: exciting a sample by at least one X-ray source, wherein the excitation of the sample causes the sample to emit X-rays (para. 0026-0033; XRF definitionally); detecting a plurality of X-rays by at least one X-ray detector (para. 0033); digitizing electrical signals corresponding to the plurality of detected X-rays by a digital pulse processor (para. 0020); determining a pixel spectrum from the digitized electrical signals by a multichannel analyzer, wherein the pixel spectrum has a plurality of features (para. 0020); comparing, by a computing device, at least one of the plurality of features of the pixel spectrum received at a first time to at least one of the plurality of features of the pixel spectrum received at a second time (para. 0004, 0024, 0028-0029, 0037-0046); and based at least in part on the comparing by the computing device, adjusting a distance between a spectrometer and the sample (para. 0024-0025).
Regarding claim 10, DiDomizio discloses adjusting at least one of the spectrometer or the sample in an X-direction or a Y-direction, wherein the distance between the spectrometer and the sample is in a Z-direction (para. 0024-0026).
Regarding claim 11, DiDomizio discloses moving the spectrometer or the sample in an angular direction (para. 0035).
Regarding claim 12, DiDomizio discloses wherein the movement of the spectrometer or the sample is in one of a raster, a sinusoidal, a rotational, a spiral, a cycloid, or a Lissajous pattern (para. 0035).
Regarding claim 13, DiDomizio discloses wherein the adjustment of the distance between the spectrometer and the sample is facilitated by one or more position sensors configured to provide a signal used by one or more motors to maintain a consistent distance between the spectrometer and the sample (para. 0024).
Regarding claim 14, DiDomizio discloses wherein the spectrometer or the sample is coupled to one or more Z-stages or a robotic arm (para. 0024).
Regarding claim 15, DiDomizio discloses a non-transitory computer readable medium having instructions stored thereon (para. 0004, 0056), wherein the instructions, when executed by at least one processor, cause a computing device to perform operations comprising: energizing at least one X-ray source to excite a sample, wherein the excitation of the sample causes the sample to emit X-rays (para. 0056); digitizing electrical signals corresponding to a plurality of detected X-rays by a digital pulse processor (para. 0056); determining a pixel spectrum from the digitized electrical signals by a multichannel analyzer, wherein the pixel spectrum has a plurality of features (para. 0056, 0020); comparing at least one of the plurality of features of the pixel spectrum received at a first time to at least one of the plurality of features of the pixel spectrum received at a second time (para. 0028-0029, 0037-0046); and based at least in part on the comparison of the least one of the plurality of features at the first time and the second time, adjusting a distance between the sample and a spectrometer (para. 0024-0026).
Regarding claim 16, DiDomizio discloses adjusting at least one of the spectrometer or the sample in an X-direction or a Y-direction, wherein the distance between the spectrometer and the sample is in a Z-direction (para. 0024-0026).
Regarding claim 17, DiDomizio discloses moving the spectrometer or the sample in an angular direction (para. 0035).
Regarding claim 18, DiDomizio discloses wherein the movement of the spectrometer or the sample is in one of a raster, a sinusoidal, a rotational, a spiral, a cycloid, or a Lissajous pattern (para. 0035).
Regarding claim 19, DiDomizio discloses wherein the adjustment of the distance between the spectrometer and the sample is facilitated by one or more position sensors configured to provide a signal used by one or more motors to maintain a consistent distance between the spectrometer and the sample (para. 0024).
Regarding claim 20, DiDomizio discloses wherein the spectrometer or the sample is coupled to one or more Z-stages or a robotic arm (para. 0024).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Toohey whose telephone number is (703)756-5818. The examiner can normally be reached Mon-Fri: 7:30am – 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, the applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached on (571)272-2995. The fax number for the organization where this application or processing is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICHARD O TOOHEY/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
Prosecution Insights