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 .
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.
Response to Amendment
Applicant's arguments with respect to claims 1-9 as they pertain to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable Shin et. al US 20190049632 (hereinafter “Shin”) in view of Terada et. al US 20100202041 (hereinafter “Terada”)
Regarding claim 1, Shin teaches an optical apparatus comprising:
a support part configured to support an object (Shin fig. 2 – shows a microscope including a support part for supporting a subject);
a solid immersion lens (Shin fig. 1a-3c, see also para. 0151) configured to be brought into contact with the object supported by the support part (Shin para. 0015 and 0151); and
an optical device disposed at a position opposite to the support part with respect to the solid immersion lens on an optical path passing through the solid immersion lens (Shin fig. 2 – shows a conventional microscope including a subject, an objective lens, and a light source; see also para. 0011, 0044, and figure 3b), wherein
the solid immersion lens (Shin fig. 1a-b, see also para. 0151) includes:
a base part having a surface to be brought into contact with the object and a second surface opposite to the first surface (see annotated Shin fig. 1B below for the base part, second surface, and first surface, and fig. 3b shows that the surface with the meta-lens may face the objective lens; see also para. 0011 and 0015); and
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a meta-lens disposed only on a part of the second surface (Shin fig. 1b – meta-lens only on a part of the second surface, see also para. 0011), and having a plurality of antennas disposed two-dimensionally and periodically (Shin fig. 1b – shows the plurality of antennas disposed two-dimensionally and periodically, see also fig. 4a-b – shows the plurality of antennas in detail), wherein
each of the plurality of antennas is formed integrally with the base part (Shin fig. 1b – antennae formed integrally with base part, see also fig. 4a-b – shows details of the plurality of antennas),
the second surface is a flat surface (see Shin fig. 1b above – the labeled second surface is flat), with the meta-lens disposed on the flat surface (see Shin fig. 1b above – the meta-lens is disposed on the second surface, see also para. 0151).
Shin does not specify that the solid immersion lens has a first surface of a first portion that is a protruding part extending from a flat surface of the base part, however Shin does teach a flat base part as shown in the annotated Shin fig. 1b above.
In a similar field of endeavor, Terada teaches a solid immersion lens (Terada fig. 5 – 6) where the first surface (Shin fig. 5 – 6b) is a surface of a first portion that is a protruding part extending from a flat surface of the base part (Shin fig. 5 – 6b is a surface of a protruding part extending from a flat surface) for the purpose of acquiring a magnified observed image of the surface of a semiconductor device (Terada para. 0043). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a solid immersion lens with a first surface extending from a flat surface in order to acquire a magnified observed image of the surface of a semiconductor device (Terada para. 0043).
Regarding claim 2, Shin and Terada teach the optical apparatus according to claim 1, and Terada further teaches wherein the optical device is a photodetector (Terada para. 0036).
Regarding claim 3, Shin and Terada teach the optical apparatus according to claim 1, and Shin further teaches wherein the optical device is a light source (Shin para. 0044).
Regarding claim 4, Shin and Terada teach the optical apparatus according to claim 1, and both further teach wherein an area of the first surface (Terada 6b) is smaller than an area of the second surface (Shin fig. 1b – the second surface with the meta-lens would have a larger area than 6b of Terada).
Regarding claim 5, Shin and Terada teach the optical apparatus according to claim 1, and both further teach wherein
the base part includes a first portion having the first surface and a second portion having the second surface (see annotated Shin fig. 1b below for the base part and second portion, and annotated Terada fig. 5a below showing the base part having a first portion with a first surface),
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an outer edge periphery of the second portion is positioned outside an outer edge periphery of the first portion when viewed from a direction parallel to an optical axis of the meta-lens (when combining the shape of the planar meta-lens of Shin with the bottom of the solid immersion lens of Terada, the outer edge periphery of the second portion would be positioned outside an outer edge periphery of the first portion when viewed form a direction parallel to the optical axis, as shown in figure 1b of Shin and figure 5a of Terada above), and
the first portion and the second portion are integrally formed (the first surface of Terada would be integrally formed with the the solid immersion lens of Shin).
Regarding claim 6, Shin and Terada teach the optical apparatus according to claim 1, further comprising an objective lens (Shin fig. 3b – objective lens) disposed at a position between the solid immersion lens (Shin fig. 3b – planar meta-lens) and the optical device on the optical path.
Regarding claim 7, Shin and Terada teach the optical apparatus according to claim 1, and Shin further teaches wherein the object is a semiconductor device (Shin para. 0013 and 0146).
Regarding claim 8, a solid immersion lens (Shin fig. 1a-3c, see also para. 0151) comprising:
a base part having a surface to be brought into contact with the object and a second surface opposite to the first surface (see annotated Shin fig. 1B below for the base part, second surface, and first surface, and fig. 3b shows that the surface with the meta-lens may face the objective lens; see also para. 0011 and 0015); and
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a meta-lens disposed only on a part of the second surface (Shin fig. 1b – meta-lens only on a part of the second surface, see also para. 0011), and having a plurality of antennas disposed two-dimensionally and periodically (Shin fig. 1b – shows the plurality of antennas disposed two-dimensionally and periodically, see also fig. 4a-b – shows the plurality of antennas in detail), wherein
each of the plurality of antennas is formed integrally with the base part (Shin fig. 1b – antennae formed integrally with base part, see also fig. 4a-b – shows details of the plurality of antennas),
the second surface is a flat surface (see Shin fig. 1b above – the labeled second surface is flat), with the meta-lens disposed on the flat surface (see Shin fig. 1b above – the meta-lens is disposed on the second surface, see also para. 0151).
Shin does not specify that the solid immersion lens has a first surface of a first portion that is a protruding part extending from a flat surface of the base part, and an area of the first surface is smaller than an area of the second surface, however Shin does teach a flat base part and the second surface as shown in the annotated Shin fig. 1b above.
In a similar field of endeavor, Terada teaches a solid immersion lens (Terada fig. 5 – 6) where the first surface (Shin fig. 5 – 6b) is a surface of a first portion that is a protruding part extending from a flat surface of the base part (Shin fig. 5 – 6b is a surface of a protruding part extending from a flat surface), and an area of the first surface (Terada 6b) is smaller than an area of the second surface (Shin fig. 1b – the second surface with the meta-lens would have a larger area than 6b of Terada) for the purpose of acquiring a magnified observed image of the surface of a semiconductor device (Terada para. 0043). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a solid immersion lens with a first surface extending from a flat surface in order to acquire a magnified observed image of the surface of a semiconductor device (Terada para. 0043).
Regarding claim 9, Shin and Terada teach the solid immersion lens according to claim 8, and both further teach wherein
the base part includes a first portion having the first surface and a second portion having the second surface (see annotated Shin fig. 1b below for the base part and second portion, and annotated Terada fig. 5a below showing the base part having a first portion with a first surface),
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an outer edge periphery of the second portion is positioned outside an outer edge periphery of the first portion when viewed from a direction parallel to an optical axis of the meta-lens (when combining the shape of the planar meta-lens of Shin with the bottom of the solid immersion lens of Terada, the outer edge periphery of the second portion would be positioned outside an outer edge periphery of the first portion when viewed form a direction parallel to the optical axis, as shown in figure 1b of Shin and figure 5a of Terada above), and
the first portion and the second portion are integrally formed (the first surface of Terada would be integrally formed with the solid immersion lens of Shin).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
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/ELIZABETH M HALL/Examiner, Art Unit 2872
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872