CTNF 19/230,341 CTNF 91804 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claims 1 – 20 are presented for examination. Drawings 06-36 AIA 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, the “the field effect emitter portion is completely embedded in the first insulating layer” 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. None of the drawings submitted by applicant show: “the field effect emitter portion is completely embedded in the first insulating layer”. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 1-4, 7, 11, 16-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sun et al. (US 2015/0035428 A1; pub. Feb. 5, 2015) . Regarding claim 1, Sun et al. disclose: A field effect emitter microstructure for an X-ray tube, the field effect emitter microstructure (para. [0008], [0099], [0102]) comprising: an emitter needle having a field effect emitter portion on a first end (fig.3B item 30 has field emission at the tip) ; a gate electrode with a gate opening (fig.3B items 16 & 24) , wherein the gate opening connects an underside of the gate electrode that faces toward the emitter needle to an upper side of the gate electrode that faces away from the underside of the gate electrode, wherein a longitudinal central axis of the emitter needle is oriented perpendicularly to the gate electrode toward the gate opening in an emitting direction (fig.3B shows that a longitudinal axis of emitter 30 is perpendicular to the gate electrode 16) ; and a first insulating layer (fig.3B item 14) adjoining the emitter needle (fig.3B item 30) at least under the field effect emitter portion and at least partially adjoining the underside of the gate electrode (fig.3B item 16) , wherein via an emission voltage applied between the gate electrode and the field effect emitter portion (para. [0100] & [0102]) , free electrons are produced in the field effect emitter portion, and at least one of (i) the first end of the emitter needle has a protrusion greater than or equal to zero relative to the upper side of the gate electrode, or (ii) the first insulating layer adjoins an inner wall of the gate opening (fig.3B the tip of item 30 is above the gate 16) . Regarding claim 2, Sun et al. disclose: the first insulating layer adjoins sides of the field effect emitter portion (the claim is rejected on the same basis as claim 1) . Regarding claim 3, Sun et al. disclose: the first insulating layer has a cut-out with a partially constant cross-section in which the emitter needle is arranged (the claim is rejected on the same basis as claim 1) . Regarding claim 4, Sun et al. disclose: the first insulating layer has a cut-out at a height of the field effect emitter portion with a portion having a larger diameter than a portion under the field effect emitter portion (the claim is rejected on the same basis as claim 1) . Regarding claim 7, Sun et al. disclose: the emitter needle has a pointed portion, the field effect emitter portion is part of the pointed portion, a pointed end of the pointed portion is arranged above the upper side of the gate electrode, and a broad end of the pointed portion that faces away from the pointed end is arranged under the underside of the gate electrode (the claim is rejected on the same basis as claim 1) . Regarding claim 11, Sun et al. disclose: the field effect emitter microstructure has at least one further emitter needle and at least one further gate opening, and a longitudinal central axis of the at least one further emitter needle is oriented toward the at least one further gate opening parallel to the emitting direction of the emitter needle (the claim is rejected on the same basis as claim 1, see fig.3B). Regarding claim 16, Sun et al. disclose: the first insulating layer has a cut-out with a partially constant cross-section in which the emitter needle is arranged (the claim is rejected on the same basis as claim 1) . Regarding claim 17, Sun et al. disclose: the first insulating layer has a cut-out at a height of the field effect emitter portion with a portion having a larger diameter than a portion under the field effect emitter portion (the claim is rejected on the same basis as claim 1, also see fig.2B) . Regarding claim 18, Sun et al. disclose: the emitter needle has a pointed portion, the field effect emitter portion is part of the pointed portion, a pointed end of the pointed portion is arranged above the upper side of the gate electrode, and a broad end of the pointed portion that faces away from the pointed end is arranged under the underside of the gate electrode (the claim is rejected on the same basis as claim 1, also see fig.2B) . Regarding claim 19, Sun et al. disclose: the emitter needle has a pointed portion, the field effect emitter portion is part of the pointed portion, a pointed end of the pointed portion is arranged above the upper side of the gate electrode, and a broad end of the pointed portion that faces away from the pointed end is arranged under the underside of the gate electrode (the claim is rejected on the same basis as claim 1, also see fig.2B) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-20-02-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2015/0035428 A1; pub. Feb. 5, 2015) in view of Tolt (US 2006/0284537 A1; pub. Dec. 21, 2006) . Regarding claim 5, Sun et al. are silent about: the field effect emitter portion is completely embedded in the first insulating layer. In a similar field of endeavor Tolt discloses: the field effect emitter portion (fig.5A item 20) is completely embedded in the first insulating layer (fig.5A item 40) motivated by the benefits for excellent thermal conductivity ( Tolt para. [0033]). In light of the benefits for excellent thermal conductivity as taught by Tolt , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the insulating layer of Tolt in the device of Sun et al . 07-21-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2015/0035428 A1; pub. Feb. 5, 2015) in view of Tuck et al. (US 2006/0163996 A1; pub. Jul. 27, 2006) . Regarding claim 6, Sun et al. are silent about: the protrusion is between 0.001 pm and 1 pm. In a similar field of endeavor Tuck et al. disclose: the protrusion is between 0.001 pm and 1 pm (para. [0003]) motivated by the benefits for achieving high fields ( Tuck et al. para. [0003]). In light of the benefits for achieving high fields as taught by Tuck et al. , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the emitter of Tuck et al. in the device of Sun et al . 07-21-aia AIA Claim s 8-10, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2015/0035428 A1; pub. Feb. 5, 2015) in view of Chang et al. (US 2010/0260317 A1; pub. Oct. 14, 2010) . Regarding claim 8, Sun et al. are silent about: a second insulating layer with an underside facing toward the emitter needle and an upper side facing away from the underside; and an electrically conductive focusing layer with an underside facing toward the emitter needle and an upper side facing away from the underside, wherein the underside of the second insulating layer at least partially adjoins the upper side of the gate electrode, the upper side of the second insulating layer at least partially adjoins the underside of the electrically conductive focusing layer, and the second insulating layer and the electrically conductive focusing layer each have a through opening for the free electrons produced in the field effect emitter portion. In a similar field of endeavor Chang et al. disclose: a second insulating layer (fig.2 item 222) with an underside facing toward the emitter needle (fig.2 item 202) and an upper side facing away from the underside; and an electrically conductive focusing layer (fig.2 item 220) with an underside facing toward the emitter needle and an upper side facing away from the underside, wherein the underside of the second insulating layer at least partially adjoins the upper side of the gate electrode (fig.2 item 214) , the upper side of the second insulating layer at least partially adjoins the underside of the electrically conductive focusing layer, and the second insulating layer and the electrically conductive focusing layer each have a through opening (fig.2 spacing between respective items 214) for the free electrons produced in the field effect emitter portion (fig.2 item 202) motivated by the benefits for achieving high spatial resolution dose deposition ( Chang et al. para. [0086]). In light of the benefits for achieving high spatial resolution dose deposition as taught by Chang et al. , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Chang et al. to modify the emission device of Sun et al. Regarding claim 9, Chang et al. disclose: first insulating layer and the second insulating layer adjoin one another through the gate opening (the claim is rejected on the same basis as claim 8) . Regarding claim 10, Chang et al. disclose: the through opening of the second insulating layer widens in the emitting direction of the emitter needle (the claim is rejected on the same basis as claim 8) . Regarding claim 20, Sun et al. are silent about: a second insulating layer with an underside facing toward the emitter needle and an upper side facing away from the underside; and an electrically conductive focusing layer with an underside facing toward the emitter needle and an upper side facing away from the underside, wherein the underside of the second insulating layer at least partially adjoins the upper side of the gate electrode, the upper side of the second insulating layer at least partially adjoins the underside of the electrically conductive focusing layer, and the second insulating layer and the electrically conductive focusing layer each have a through opening for the free electrons produced in the field effect emitter portion In a similar field of endeavor Chang et al. disclose: a second insulating layer (fig.2 item 222) with an underside facing toward the emitter needle (fig.2 item 202) and an upper side facing away from the underside; and an electrically conductive focusing layer (fig.2 item 220) with an underside facing toward the emitter needle and an upper side facing away from the underside, wherein the underside of the second insulating layer at least partially adjoins the upper side of the gate electrode (fig.2 item 214) , the upper side of the second insulating layer at least partially adjoins the underside of the electrically conductive focusing layer, and the second insulating layer and the electrically conductive focusing layer each have a through opening (fig.2 spacing between respective items 214) for the free electrons produced in the field effect emitter portion motivated by the benefits for achieving high spatial resolution dose deposition ( Chang et al. para. [0086]). In light of the benefits for achieving high spatial resolution dose deposition as taught by Chang et al. , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Chang et al. to modify the emission device of Sun et al . 07-21-aia AIA Claim s 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2015/0035428 A1; pub. Feb. 5, 2015) in view of Jin et al. (US 2007/0235772 A1; pub. Oct. 11, 2011) . Regarding claim 12, Sun et al. are silent about: the field effect emitter microstructure as claimed in claim 1; and a voltage source connected to the field effect emitter microstructure, the voltage source configured to provide at least one of the emission voltage or a focusing voltage. In a similar field of endeavor Jin et al. disclose: the field effect emitter microstructure as claimed in claim 1; and a voltage source connected to the field effect emitter microstructure, the voltage source configured to provide at least one of the emission voltage or a focusing voltage (fig.2) motivated by benefits for improving or maximizing emission efficiency ( Jin et al. para. [0046]). In light of the benefits for improving or maximizing emission efficiency as taught by Jin et al. , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Jin et al. to modify the emission device of Sun et al. Regarding claim 13, Jin et al. disclose: a housing (fig.9 item 15) with an internal space configured to be evacuated (para. [0047]) ; the electron emitter apparatus as claimed in claim 12, in the internal space; and an anode (fig.6 item 9) in the internal space, the anode configured to generate X-ray beams dependent upon the free electrons produced via the electron emitter apparatus (para. [0014]) motivated by benefits for improving or maximizing emission efficiency ( Jin et al. para. [0046]) . 07-21-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2015/0035428 A1; pub. Feb. 5, 2015) in view of Jin et al. (US 2007/0235772 A1; pub. Oct. 11, 2011) and further in view of Chang et al. (US 2010/0260317 A1; pub. Oct. 14, 2010) . Regarding claim 14, the combined references are silent about: applying the emission voltage between the gate electrode and the emitter needle to produce the free electrons; applying a focusing voltage between an electrically conductive focusing layer and the gate electrode to focus the free electrons; and generating X-ray beams via the anode of the X-ray tube by way of an interaction with the focused free electrons. In a similar field of endeavor Chang et al. disclose: applying the emission voltage between the gate electrode and the emitter needle to produce the free electrons (para. [0051]) ; applying a focusing voltage between an electrically conductive focusing layer and the gate electrode to focus the free electrons (para. [0054], [0075]) ; and generating X-ray beams via the anode of the X-ray tube by way of an interaction with the focused free electrons (para. [0045]-[0046]) motivated by the benefits for achieving high spatial resolution dose deposition ( Chang et al. para. [0086]). In light of the benefits for improving or maximizing emission efficiency as taught by Chang et al. , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Chang et al. to modify the combined method of Sun et al. and Jin et al . 07-21-aia AIA Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2015/0035428 A1; pub. Feb. 5, 2015) in view of Jin et al. (US 2007/0235772 A1; pub. Oct. 11, 2011) in view of Chang et al. (US 2010/0260317 A1; pub. Oct. 14, 2010) and further in view of Yan et al. (CN 202473821-U; pub. Oct. 3, 2012) . Regarding claim 15, the combined references are silent about: before applying the emission voltage, the method comprises: applying a voltage between the gate electrode and the emitter needle for a burning free of at least a part of the field effect emitter portion. In a similar field of endeavor Yan et al. disclose: before applying the emission voltage, the method comprises: applying a voltage between the gate electrode and the emitter needle for a burning free of at least a part of the field effect emitter portion (para. [0036]) motivated by the benefits for improved field emission stability and lifetime of the emitter ( Yan et al. para. [0008]). In light of the benefits for improved field emission stability and lifetime of the emitter as taught by Yan et al. , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of Yan et al. to modify the combined method of Sun et al., Jin et al. and Chang et al. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAMADOU FAYE whose telephone number is (571)270-0371. The examiner can normally be reached Mon – Fri 9AM-6PM . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, 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 at 571-272-3995 . The fax phone number for the organization where this application or proceeding 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. /MAMADOU FAYE/Examiner, Art Unit 2884 /UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884 Application/Control Number: 19/230,341 Page 2 Art Unit: 2884 Application/Control Number: 19/230,341 Page 3 Art Unit: 2884 Application/Control Number: 19/230,341 Page 4 Art Unit: 2884 Application/Control Number: 19/230,341 Page 7 Art Unit: 2884 Application/Control Number: 19/230,341 Page 8 Art Unit: 2884 Application/Control Number: 19/230,341 Page 10 Art Unit: 2884 Application/Control Number: 19/230,341 Page 11 Art Unit: 2884
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