CTFR 17/994,387 CTFR 98147 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. Response to Amendment The amendment filed 03/13/2026 has been acknowledged and entered. Claims 1-5 are pending. Response to Arguments Applicant’s arguments, see pages 4-7, filed 03/13/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102 has been fully considered and is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu (US 20140028996 A1, which was disclosed in the IDS dated 10/30/2025). Liu, related to Raman spectroscopy, does teach that the depth measurement processor performs the depth measurement at a plurality of positions spaced at an interval along the depth direction at a single selected point ([0028]: A sample may be tested at a range of different Z-depths and monitoring the intensity of the Raman screening at these depths. A Raman spectra screening may involve testing a range by selecting a Z-depth, running a Raman test, adjusting the Z-depth, running another Raman test, etc., until the desired range of Z-depths has been tested.). Please see the rejection below for further details. 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. 07-21-aia AIA Claim s 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Makara (US 2016/0306152 A1) in view of Liu (US 20140028996 A1, which was disclosed in the IDS dated 10/30/2025) . Regarding Claim 1, Makara teaches a Raman microscope ([0027]: Apparatus 100 (and apparatus 101) may be any kind of laser scanning microscope apparatus which includes a nonlinear optical microscope apparatus which involves Raman scattering) that acquires a Raman spectrum ([0107]: Apparatus 101 can acquire spectral data of the specimen 6) from a sample on a stage (Fig. 9: specimen 6 on specimen stage 2) by condensing laser light (Fig. 9: the laser is condensed by the objective lens 13; [0032]) , irradiating the sample with the laser light (Shown in Fig. 9) , and receiving Raman scattered light from the sample by a detector (Fig. 9: photodetector; [0116].) , the Raman microscope comprising: a depth measurement processor (Fig. 9: control unit 4; [0039]) that performs depth measurement by changing a focal position of the laser light along a depth direction of the sample which is an irradiation direction of the laser light with respect to the sample (Shown in Fig. 9 wherein the control unit 4 includes a specimen stage control unit 41 which controls a motor for moving the specimen stage 2 in the z-direction (depth direction). Moving the specimen stage 2 in the z-direction (relative to the objective lens 13) changes the focal position of the laser light along the depth direction in an irradiation direction of laser light with respect to the sample.) , and meanwhile, acquiring the Raman spectrum of the sample at a plurality of points in the depth direction ([0060-0061]: Scans for acquiring Raman spectrum of the sample can occur along multiple points in the z-direction (depth direction).) ; and a display processor (Fig. 9: image display unit 71; [0049]) that displays an input screen (Fig. 9: instruction input unit 72; [0050]) used to input a parameter at a time of performing the depth measurement on the sample ([0060]) in association with a surface image of the sample on the stage ([0045-0047]: The data processing unit 8 generates image data associated with input parameters.) , wherein the depth measurement processor performs the depth measurement at a plurality of positions spaced at an interval along the depth direction at a selected point ([0073]: “At that time, the light L may be detected at a plurality of Z-coordinates for one measurement point (a pixel) in an XY plane (at a selected point). The number of Z-coordinates at that time is set smaller than the number of Z-coordinates in the entire scanning range in the Z-direction (interval along z-direction is chosen by user).” This section is relevant to the embodiment shown in Fig. 9 (apparatus 101) as stated in [0108]: “The configuration of the apparatus 101 is the same as the configuration of the apparatus 100 except for the configurations of the light source unit 11 and a control unit 4 …”.) on the surface image of the sample ([0045-0047]: The data processing unit 8 generates image data associated with input parameters.) , and wherein the parameter includes a range (scanning range which corresponds to the moving range of the specimen stage 2 from [0061]) in which the focal position of the laser light is changed along the depth direction (Fig. 9: By adjusting the position of the specimen 6 relative to the objective lens 13 would change the focal position of the laser light along the depth direction.) and the interval between the plurality of points ([0060]: The scanning frequency in the z-direction can be input by an operator where the scanning frequency would define an interval between a plurality of points where the scanning range would have at least have two points which are the beginning and end points of the scan.; [0074] provides an example of a scanning range including ten measurement points where the measurement points are defined as a point of the spot irradiated position S (Figs. 1 and 9) at which data is to be acquired ([0073]).) within the range (scanning range from [0061]). Makara appears to be silent to the depth measurement processor performs the depth measurement at a plurality of positions spaced at an interval along the depth direction at a single selected point. Liu, related to Raman spectroscopy, does teach that the depth measurement processor performs the depth measurement at a plurality of positions spaced at an interval along the depth direction at a single selected point ([0028]: A sample may be tested at a range of different Z-depths and monitoring the intensity of the Raman screening at these depths. A Raman spectra screening may involve testing a range by selecting a Z-depth, running a Raman test, adjusting the Z-depth, running another Raman test, etc., until the desired range of Z-depths has been tested.). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Makara so that the depth measurement processor performs the depth measurement at a plurality of positions spaced at an interval along the depth direction at a single selected point, as disclosed by Liu. It is known in the field of endeavor that inelastic Raman-scattered particles may be less common or less intense than elastic scattered particles (AKA Raleigh scattering) and therefore, can be more difficult to measure. Therefore, the above-mentioned process has the advantage of allowing a user to perform depth focus Raman spectra screening on a sample to determine a depth focus with a maximum-intensity Raman spectra (Abstract) where the depth focus spectra screening comprises performing Raman spectra scans on the sample at a plurality of depth foci. Adjusting the Z focus/depth focus to determine a Z focus/depth focus with a maximum-intensity Raman spectra can greatly improve accuracy and precision of the Raman testing process ([0017] from Liu). Regarding Claim 2, Makara modified by Liu teaches the Raman microscope according to claim 1. Makara modified by Liu further teaches that the input screen (Fig. 9: instruction input unit 72) includes a focus operation region (scanning range from [0060-0061]) operated to change the focal position of the laser light along the depth direction (Fig. 9: By adjusting the position of the specimen 6 relative to the objective lens 13 (z-direction) would change the focal position of the laser light along the depth direction.) , and an upper end setting region used to set the focal position to an upper end of the range (upper end from [0061]) , the focal position being changed by the operation on the focus operation region (Changing the specimen stage 2 relative to the objective lens 13 (z-direction) would change the focal position) . Regarding Claim 3, Makara modified by Liu teaches the Raman microscope according to claim 2. Makara modified by Liu further teaches that the input screen (Fig. 9: instruction input unit 72) includes a depth input region ([0060-0061]: The parameters inputted by the user would necessarily include a depth input region because to move the specimen stage 2 in the z-direction would require the operator to input depth information wherein the depth information includes measurement points [0074]) used to input a depth with respect to the upper end of the range set in the upper end setting region ([0074]: The operator can choose measurement points via the instrument input unit 72 wherein the measurement points could be chosen with respect to an upper end of the range set in the upper end setting region from [0060-0061].) . Regarding Claim 5, Makara modified by Liu teaches the Raman microscope according to claim 2. Makara modified by Liu further teaches that the input screen (Fig. 9: instruction input unit 72) includes a lower end setting region (lower end from [0061]) used to set the focal position to the lower end of the range, the focal position being changed by the operation on the focus operation region (Fig. 9: Changing the specimen stage 2 relative to the objective lens 13 (z-direction) would change the focal position) . 07-21-aia AIA Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Makara (US 2016/0306152 A1) in view of Liu (US 20140028996 A1, which was disclosed in the IDS dated 10/30/2025) and further in view of “Ultra-Fast Raman Mapping on Graphene”, Youtube, uploaded by HORIBA Scientific, 17 September, 2013. https://www.youtube.com/watch?v=RQvv8FT93SE . Regarding Claim 4, Makara modified by Liu teaches the Raman microscope according to claim 3. Makara modified by Liu further teaches that the input screen (Fig. 9: instruction input unit 72) includes an upper end and a lower end range (upper end and lower end from [0061]) and a depth input to the depth input region ([0060-0061]: The parameters inputted by the user would necessarily include a depth input region because to move the specimen stage 2 in the z-direction would require the operator to input depth information wherein the depth information includes measurement points [0074]). Makara modified by Liu appears silent to the input screen includes a symbol display region that displays a symbol indicating a relative positional relationship between the upper end and a lower end of the range , and the display processor changes display of the symbol according to the depth input to the depth input region . “Ultra-Fast Raman Mapping on Graphene”, related to software used for Raman spectroscopy, does teach an input screen (annotated image below) includes a symbol display region (shown in the annotated image below) that displays a symbol (number characters shown in the annotated image below) indicating a relative positional relationship between the upper end and a lower end of the range (the relative position relationship between the lower end and upper end of the range is shown as the z-value range “from” to “to” in the annotated image below) and the display processor (the software would be displayed on a display processor) changes display of the symbol according to the depth input to the depth input region (The numbers (symbols) would change according to the depth input (z-values) inputted by the user to the depth input region (region where z-values are inputted which is shown in the annotated image below.) . PNG media_image1.png 818 1582 media_image1.png Greyscale Annotated image of Raman spectroscopy software provided by HORIBO Scientific It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Makara combined with Liu so that the input screen includes a symbol display region that displays a symbol indicating a relative positional relationship between the upper end and a lower end of the range, and the display processor changes display of the symbol according to the depth input to the depth input region, as disclosed by “Ultra-Fast Raman Mapping on Graphene”. Providing a visualization of input parameters on software programs is well known in the field of endeavor wherein the visualization provides an easy way of displaying information to the user. Therefore, it would have been obvious for one of ordinary skill in the art to have applied a known technique (providing visualization of input parameters on software) to a known device (Raman microscope) ready for improvement to yield predictable results (provides an easy way of displaying information to the user while the user is operating the device and software) (MPEP 2143 (I)(D)). Conclusion 07-40 AIA 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 JUDY DAO TRAN whose telephone number is (571)270-0085. The examiner can normally be reached Mon-Fri. 9:30am-5:00pm EST. 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, Michelle Iacoletti can be reached on (571) 270-5789. 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. /JUDY DAO TRAN/Examiner, Art Unit 2877 /Michael A Lyons/Primary Examiner, Art Unit 2877 Application/Control Number: 17/994,387 Page 2 Art Unit: 2877 Application/Control Number: 17/994,387 Page 3 Art Unit: 2877 Application/Control Number: 17/994,387 Page 4 Art Unit: 2877 Application/Control Number: 17/994,387 Page 5 Art Unit: 2877 Application/Control Number: 17/994,387 Page 6 Art Unit: 2877 Application/Control Number: 17/994,387 Page 7 Art Unit: 2877 Application/Control Number: 17/994,387 Page 8 Art Unit: 2877 Application/Control Number: 17/994,387 Page 9 Art Unit: 2877 Application/Control Number: 17/994,387 Page 10 Art Unit: 2877 Application/Control Number: 17/994,387 Page 11 Art Unit: 2877
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