Ex Parte Kinoshita

Patent Trial and Appeal Board

Dec 18, 2018

14178630 (P.T.A.B. Dec. 18, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/178,630 02/12/2014
28289 7590 12/20/2018
THE WEBB LAW FIRM, P.C.
ONE GATEWAY CENTER
420 FT. DUQUESNE BL VD, SUITE 1200
PITTSBURGH, PA 15222
UNITED ST A TES OF AMERICA
FIRST NAMED INVENTOR
Shingo Kinoshita
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
0116-140201 2984
EXAMINER
BARBEE, MANUELL
ART UNIT PAPER NUMBER
2864
NOTIFICATION DATE DELIVERY MODE
12/20/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
patents@webblaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte SHIN GO KINOSHITA 1
(Applicant: JEOL Ltd.)
Appeal2018-003523
Application 14/178,630
Technology Center 2800
Before BEYERL Y A. FRANKLIN, JENNIFER R. GUPTA, and
SHELDON M. McGEE, Administrative Patent Judges.
PER CURIUM.
DECISION ON APPEAL
1 Appellant, is the Applicant, JEOL Ltd., which, according to the Brief, is
the real party in interest. App. Br. 2.
Appeal2018-003523
Application 14/178,630
Appellant requests our review under 35 U.S.C. § 134 of the
Examiner's decision rejecting claims 1, 3-5, 7, and 8. We have jurisdiction
over the appeal under 35 U.S.C. § 6(b).
STATEMENT OF THE CASE
Claim 1 is illustrative of Appellant's subject matter on appeal and is
set forth below:
1. A method of quantitative analysis of a specific element
contained in a sample by irradiating the sample with an electron
beam, detecting characteristic X-rays emanating from the
sample, with a plurality of spectrometers obtaining plural data
sets about intensities of characteristic X-rays corresponding to
the specific element contained in the sample, and providing a
quantitative analysis of the sample based on the data sets, said
method comprising the steps of:
preparing an electron probe microanalyzer equipped with
a plurality of spectrometers;
detecting characteristic X-rays emanating from the
sample by each of the spectrometers so as to obtain said plural
data sets about the characteristic X-ray intensities;
determining with each spectrometer concentration values
for the specific element from the plural data sets, respectively,
about the characteristic X-ray intensities;
calculating weights based upon characteristic X-ray
intensity data for the concentration values, respectively, from
the plural data sets;
calculating a weighted average of the concentration
values based on the calculated weights; and
displaying the weighted average of the quantitative
values in the form of graphical information.
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Appeal2018-003523
Application 14/178,630
THE REJECTION
Claims 1, 3-5, 7, and 8 stand rejected under 35 U.S.C. § 101 as directed
to a judicial exception ( abstract idea) without significantly more.
ANALYSIS AND DECISION
We sustain the above rejection based on the findings of fact,
conclusions of law, and rebuttals to arguments expressed by the Examiner in
the Non-Final Action dated June 30, 2017 and in the Answer.
The decision of the Examiner is affirmed.
TIME PERIOD
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(l )(iv).
AFFIRMED
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