Prosecution Insights
Last updated: April 19, 2026
Application No. 18/029,076

DEVICE FOR DETERMINING A DISTANCE, SURFACE THICKNESS AND OPTICAL PROPERTIES OF AN OBJECT AND RELATED METHOD

Non-Final OA §102§103§112
Filed
Mar 28, 2023
Examiner
AHMED, JAMIL
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Lmi Technologies Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
97%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
559 granted / 683 resolved
+13.8% vs TC avg
Strong +15% interview lift
Without
With
+15.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
28 currently pending
Career history
711
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
53.8%
+13.8% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
12.2%
-27.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 683 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Objections 2. Claim 27 is objected to because of the following informalities: Regarding Claim 27, line 1, delete “characterised”. Appropriate correction is required. Claim Rejections - 35 USC § 112 3. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 4. Claims 1-2, 5-7, 10-11, 16-19, and 23-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding Claim 1, recites the limitation "each of the location points of the light sensor" in line 18-19; "the dominant wavelength" in line 16, 26-27. There is insufficient antecedent basis for this limitation in the claim. Regarding Claim 19, recites the limitation "the dominant wavelength" in line 12-13, 23; "the common dominant wavelength" in line 32; "the imaging optics" in line 15-16, 35; “the corresponding location point of the light sensor’ in line 17-18, 20-21; “the same imaging coordinate axis” in line 22. There is insufficient antecedent basis for this limitation in the claim. Claims 2, 5-7, 10-11, 16-18 and 23-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, because of their dependency status from claims 1 and 19. Claim Rejections - 35 USC § 102 5. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 6. Claims 1, 5, 7, 10-11, 16-17, 19, and 24-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Pub No. 2012/0206710 A1 by Niemela et al. (hereinafter Niemela). Regarding Claim 1, Niemela teaches a device for determining a position and/or optical properties of an object (Fig. 2a @ 109, 110, Abstract, Par. [0012, 0023]), comprising (Fig. 1-6b): - a point-like or line-like output element (Fig. 2a @ 101, Apr. [0048]) for providing light; - illuminating optics (Fig. 2a @ 108a, Par. [0048]) for directing light from the output element (Fig. 2a @ 101, Apr. [0048]) to the object (Fig. 2a @ 109, 110, Abstract, Par. [0012, 0023]); - a light sensor (Fig. 2a @ 107, Apr. [0049, 0054]) for detecting intensity values of light (Par. [0054]); and, - imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]) for collecting light from the object (Fig. 2a @ 109, 110, Abstract, Par. [0012, 0023]) to the light sensor (Fig. 2a @ 107, Apr. [0049, 0054]), characterized in that: the illuminating optics (Fig. 2a @ 108a, Par. [0048]) is configured to focus light from a location point (Fig. 2a @ 101, Apr. [0048]. Note: location point and the output element are the same point) of the output element (Fig. 2a @ 101, Apr. [0048]) on a plurality of illuminating focus points or focus areas (Fig. 2a @ 104a, 104b, 104c, Apr. [0048]) positioned at different distances (Fig. 2a @ 108a, 104a, 104b, 104c, Abstract, illustrates different distances) from the illuminating optics (Fig. 2a @ 108a, Par. [0048]) along an illuminating coordinate axis (Fig. 2a @ 102, illustrates the axis) associated with a principal ray (Fig. 2a @ 102, illustrates the principal ray) of the illuminating optics (Fig. 2a @ 108a, Par. [0048]) for the location point (Fig. 2a @ 101, Apr. [0048]) of the output element (Fig. 2a @ 101, Apr. [0048]), wherein the principal ray (Fig. 2a @ 102, illustrates the principal ray) is the mutual for the plurality of illuminating focus points or focus areas (Fig. 2a @ 104a, 104b, 104c, Apr. [0048]) focused from the location point (Fig. 2a @ 101, Apr. [0048]) of the output element (Fig. 2a @ 101, Apr. [0048]), and wherein each of the illuminating focus points or focus areas (Fig. 2a @ 104a, 104b, 104c, Apr. [0048]) along the same illuminating coordinate axis (Fig. 2a @ 102, illustrates the axis) differs from each other at least in the dominant wavelength (Abstract, Par. [0048-0064]) or shape and/or is formed with a different optical aperture of the illuminating optics (Fig. 2a @ 108a, Par. [0048]), the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]) is configured to form from each of the location points (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]: different wavelengths can be directed to the distinct points of the detector 107a, thus teaches each of the location points) of the light sensor (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]) a plurality of imaging focus points or focus areas positioned at different distances (Fig. 2a, 2b @ 108b to 107, 107a, illustrates such configuration) from the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]) along an imaging coordinate axis (Fig. 2a @ 106, illustrates the axis) associated with a corresponding principal ray (Fig. 2a @ 106, illustrates the principal ray) of the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]) for the corresponding location point (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]: different wavelengths can be directed to the distinct points of the detector 107a, thus teaches each of the location points) of the light sensor (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]), wherein the corresponding principal ray (Fig. 2a @ 106, illustrates the principal ray) is the mutual for the plurality of imaging focus points (Fig. 2a, 2b @ 108b to 107, 107a, illustrates such configuration) formed from the corresponding location point (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]: different wavelengths can be directed to the distinct points of the detector 107a, thus teaches each of the location points) of the light sensor (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]), and wherein each of the imaging focus points or focus areas (Fig. 2a, 2b @ 108b to 107, 107a, illustrates such configuration) along the same imaging coordinate axis (Fig. 2a @ 106, illustrates the axis) differs from each other at least in the dominant wavelength (Abstract, Par. [0031, 0048-0064]) or shape and/or is focused with a different optical aperture of the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]), the illuminating optics (Fig. 2a @ 108a, Par. [0048]) and the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]) are configured to form a plurality of coincident focus points or focus areas so that each of the various focus points or focus areas from the plurality of illuminating focus points or focus areas (Fig. 2a @ 104a, 104b, 104c, Apr. [0048]) along the same illuminating coordinate axis (Fig. 2a @ 102, illustrates the axis) coincides at a coincident focus point or focus area with an imaging focus point or focus area (Fig. 2a, 2b @ 108b to 107, 107a, illustrates such configuration) positioned along a different imaging coordinate axis (Fig. 2a @ 106, illustrates the axis), where the orientation of the illuminating coordinate axis (Fig. 2a @ 102, illustrates the axis) is different from the orientations of the imaging coordinate axes (Fig. 2a @ 106, illustrates the axis) and that each of the coincident focus points or focus areas consists of an illuminating and imaging focus point or focus area associated with the common dominant wavelength (Abstract, Par. [0031, 0048-0064]) or shape and/or is formed with the correlated optical apertures of the illuminating optics (Fig. 2a @ 108a, Par. [0048]) and the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]), and in that the device is configured to determine the position and/or optical properties of an object point (Fig. 2a @ 104) of the object (Fig. 2a @ 109, 110, Abstract, Par. [0012, 0023]) from the local maximum of the intensity values of the light detected (Par. [0023, 0048-0064]) by the light sensor (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]) so that: - the position of the object point (Fig. 2a @ 104) is determined from the location of said local maximum (Fig. 2d, Par. [0023, 0064]); and/or - the optical properties of the object point (Fig. 2a @ 104) are determined from the intensity or the wavelength of said local maximum (Fig. 2d, Par. [0023, 0064]), where said local maximum is a result of the light collected from the intersection of the object point (Fig. 2a @ 104) and one of the coincident focus points or focus areas (Fig. 2a, 2b, Abstract, Par. [0023, 0031, 0048-0064]). Regarding Claim 2, Niemela teaches the device comprises a plurality of line-like or point-like output elements or combinations thereof (Fig. 2D @ 101, 101a, 101b, Par. [0057]). 3-4. (Cancelled) Regarding Claim 5, Niemela teaches longitudinal chromatic aberration (Par. [0031, 0074]) is provided in the illuminating optics (Fig. 2a @ 108a, Par. [0048]) to focus light from each of the location points (Fig. 2a @ 101, Apr. [0048]) for each of the output elements (Fig. 2a @ 101, Apr. [0048]) on a plurality of illuminating focus points (Fig. 2a @ 104a, 104b, 104c, Apr. [0048]) positioned at different distances (Fig. 2a @ 108a, 104a, 104b, 104c, Abstract, illustrates different distances) from the illuminating optics (Fig. 2a @ 108a, Par. [0048]) along the corresponding illuminating coordinate axis (Fig. 2a @ 102, illustrates the axis) associated with the corresponding principal ray (Fig. 2a @ 102, illustrates the principal ray) of the illuminating optics (Fig. 2a @ 108a, Par. [0048]) for the corresponding location point (Fig. 2a @ 101, Apr. [0048]) of the corresponding output element (Fig. 2a @ 101, Apr. [0048]) so that each of the illuminating focus points along the same illuminating coordinate axis (Fig. 2a @ 102, illustrates the axis) differs in the dominant wavelength (Abstract, Par. [0048-0064]. Also see Claim 1 rejection), and, longitudinal chromatic aberration (Par. [0031, 0074]) is provided in the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]) to form from each of the location points (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]: different wavelengths can be directed to the distinct points of the detector 107a, thus teaches each of the location points) of the light sensor Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]) a plurality of imaging focus points or focus areas positioned at different distances (Fig. 2a, 2b @ 108b to 107, 107a, illustrates such configuration) from the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]) along an imaging coordinate axis (Fig. 2a @ 106, illustrates the axis) associated with a corresponding principal ray (Fig. 2a @ 106, illustrates the principal ray) of the imaging optics (Fig. 2a @ 108b, Apr. [0049, 0054]) for the corresponding location point (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]: different wavelengths can be directed to the distinct points of the detector 107a, thus teaches each of the location points) of the light sensor (Fig. 2a, 2b @ 107, 107a, Apr. [0049], [0054]) so that each of the focus points along the same imaging coordinate axis (Fig. 2a @ 106, illustrates the axis) differs in the dominant wavelength (Abstract, Par. [0031, 0048-0064]). Regarding Claim 7, Niemela teaches astigmatism (Par. [0031]: a phenomenon, wherein different wavelengths of light are made to refract and also to focus onto different points in space. For example, the shortest wavelengths of the spectrum refract in a greater degree in a lens comparing to the longest wavelengths of the spectrum. Light refraction depends on refractive index of a lens or other refractive object. The refractive index depends on the Other hand on a light's wavelength; from which follows that the different wavelengths refract at different angles thus teaches astigmatism) is provided in the illuminating optics to focus light from each of the location points for each of the output elements on a plurality of illuminating focus areas with different shapes positioned at different distances from the illuminating optics along the corresponding illuminating coordinate axis associated with the corresponding principal ray of the illuminating optics for the corresponding location point of the corresponding output element so that each of the illuminating focus areas along the same illuminating coordinate axis is formed with the different optical apertures of the illuminating optics (See Claim 1 rejection) and, in that astigmatism (Par. [0031]: a phenomenon, wherein different wavelengths of light are made to refract and also to focus onto different points in space. For example, the shortest wavelengths of the spectrum refract in a greater degree in a lens comparing to the longest wavelengths of the spectrum. Light refraction depends on refractive index of a lens or other refractive object. The refractive index depends on the Other hand on a light's wavelength; from which follows that the different wavelengths refract at different angles thus teaches astigmatism) is provided in the imaging optics to form from each of the location points of the light sensor, a plurality of imaging focus areas with different shapes positioned at different distances from the imaging optics along the corresponding imaging coordinate axis associated with the corresponding principal ray of the imaging optics for the corresponding location point of the light sensor so that each of the focus areas along the same imaging coordinate axis is formed with the different optical apertures of the imaging optics (See Claim 1 rejection). Regarding Claim 10, Niemela teaches astigmatism (See Claim 7) is provided in the illuminating optics and the imaging optics, each of the coincident focus area consists of an illuminating and imaging focus areas associated with the common shape and is formed with the correlated optical apertures of the illuminating optics and the imaging optics (See Claim 1). Regarding Claim 11, Niemela teaches the device comprises more than one output elements (See Claim 2 rejection), the device is configured to determine the wavelength of the local maximum of the intensity values of the light detected by the light sensor to distinguish from which output element the light of the local maximum is provided to determine the position of the intersected object point (See Claim 1 rejection). Regarding Claim 16, Niemela teaches measuring an object that is at least partially transparent or translucent for the light being directed to the object, the device is configured to determine a thickness between a first surface and a second surface of the object that is at least partially transparent or translucent for the light being directed to the object from the position difference between the local maximum of the intensity values of the detected light on the light sensor 8 that is a result from the first surface and the local maximum of the intensity values of the detected light on the light sensor that is a result from the second surface (Fig. 2b, 2d, Abstract, Par. [0054, 0064]. Also see Claim 1 rejection). Regarding Claim 17, Niemela teaches the light sensor is a line scan camera or a matrix camera (Par. [0021]) being disposed substantially perpendicular to an optical axis of the imaging optics and the plurality of output elements being disposed on a plane surface, wherein the plane surface forms an oblique angle to an optical axis of the illuminating optics (Fig. 2d. Also see Claim 1 rejection). Regarding Claim 19, Niemela teaches a method for determining a position and/or optical properties of an object (See Claim 1 rejection. Note: an apparatus claim can be used to implement a method claim) characterized in that the method comprises: - providing an optical illuminating and optical detecting of the object from different directions (See Claim 1 rejection) so that: light is focused from a location point of the output element on a plurality of illuminating focus points or focus areas positioned at different distances from the illuminating optics along an illuminating coordinate axis associated with a principal ray of the of the illuminating optics for the location point of the output element, wherein the principal ray is the mutual for the plurality of illuminating focus points or focus areas focused from the location point of the output element, and wherein each of the illuminating focus points or focus areas along the same illuminating coordinate axis differs from each other at least in the dominant wavelength or shape and/or is formed with a different optical aperture of the illuminating optics (See Claim 1 rejection), and a plurality of imaging focus points or focus areas positioned at different distances from the imaging optics along an imaging coordinate axis associated with a corresponding principal ray of the imaging optics for the corresponding location point of the light sensor are formed from each of the location points of the light sensor, wherein the corresponding principal ray is the mutual for the plurality of imaging focus points or focus areas formed from the corresponding location point of the light sensor, and wherein each of the imaging focus points or focus areas along the same imaging coordinate axis differs from each other at least in the dominant wavelength or shape and/or is focused with a different optical aperture of the imaging optics (See Claim 1 rejection); - forming a plurality of coincident focus points so that each of the various focus points from the plurality of illuminating focus points or focus areas along the illuminating coordinate axis coincides at a coincident focus point or focus area with a imaging focus point or focus area positioned along a different imaging coordinate axis, where the orientation of the illuminating coordinate axis is different from the orientations of the imaging coordinate axes and that each of the coincident focus points or focus areas consists of an illuminating and imaging focus point or focus area associated with the common dominant wavelength or shape and/or is formed with the correlated optical apertures of the illuminating optics and the imaging optics (See Claim 1 rejection); - detecting by the light sensor the intensity values of the light collected from the object by the imaging optics (See Claim 1 rejection); and - determining the position and/or optical properties of an object point of the object so that the position of the object point is determined from the location, and/or the optical properties object point are determined from the intensity or the wavelength of the local maximum of the intensity values of the detected light, where said local maximum is a result of the light collected from the intersection of the object point and one of the coincident focus points or focus areas (See Claim 1 rejection). Regarding Claim 24, Niemela teaches the illuminating optics focuses each of the illuminating focus areas along the same corresponding illuminating coordinate axis for the corresponding location point of the corresponding output element differing from each other in shape by using astigmatism (See Claim 7 rejection); and, the imaging optics focuses each of the imaging focus areas along the same imaging coordinate axis differing from each other in shape by using astigmatism (See Claim 7 rejection). Regarding Claim 25, Niemela teaches arranging the light sensor substantially perpendicular to an optical axis of the imaging optics (See Claim 17 rejection); and - disposing a plurality of output elements on a plane surface, wherein the plane surface forms an oblique angle to an optical axis of the illuminating optics, preferably wherein the plurality of output elements consists of a plurality of line-like output elements (See Claims 1, 17 rejection). Regarding Claim 26, Niemela teaches the method comprises at least one of the following steps: - moving the object with respect to the device (Par. [0007, 0029], Claim 9: the object being measured and a measurement device are moved in relation to each other thus teaches the limitation) so that the object point is intersected with at least one coincident focus point, wherein each of the at least one coincident focus point has the same common dominant wavelength (Fig. 2a-2d. See Claim 1 rejection); - moving the object with respect to the device (Par. [0007, 0029], Claim 9: the object being measured and a measurement device are moved in relation to each other thus teaches the limitation) so that the object point intersected with at least one coincident focus point, wherein each of the at least one coincident focus point is formed with the correlated optical apertures of the illuminating optics and the imaging optics (Fig. 2a-2d. See Claim 1 rejection); - moving the object with respect to the device (Par. [0007, 0029], Claim 9: the object being measured and a measurement device are moved in relation to each other thus teaches the limitation) so that the object point intersected with at least one coincident focus area, wherein each of the at least one coincident focus area consists of illuminating and imaging focus areas associated with the common shape and is formed with the correlated optical apertures of the illuminating optics and the imaging optics (Fig. 2a-2d. See Claim 1 rejection). Regarding Claim 27, Niemela teaches at least one of the following steps: - moving the object with respect to the device (Par. [0007, 0029], Claim 9: the object being measured and a measurement device are moved in relation to each other thus teaches the limitation) so that the object point is intersected with a number of coincident focus points, wherein each of the number of coincident focus points has a different dominant wavelength when the number of the intersected coincident focus points is more than one (Fig. 2a-2d. See Claim 1 rejection); - moving the object with respect to the device (Par. [0007, 0029], Claim 9: the object being measured and a measurement device are moved in relation to each other thus teaches the limitation) so that the object point is intersected with a number of coincident focus points, wherein each of the number of coincident focus points is formed with differently correlated optical apertures of the illuminating optics and the imaging optics when the number of the intersected coincident focus points is more than one (Fig. 2a-2d. See Claim 1 rejection); - moving the object with respect to the device (Par. [0007, 0029], Claim 9: the object being measured and a measurement device are moved in relation to each other thus teaches the limitation) so that the object point is intersected with a number of coincident focus areas, wherein each of the number of coincident focus area consists of illuminating and imaging focus areas associated with the common shape and is formed with the correlated optical apertures of the illuminating optics and the imaging optics, wherein each coincident focus areas differs in shape and is formed with differently correlated optical apertures of the illuminating optics and the imaging optics when the number of the coincident focus areas intersected with the object point is more than one (Fig. 2a-2d. See Claim 1 rejection). Regarding Claim 28, Niemela teaches acquiring intensity values of the detected light on the light sensor in a plurality of different time instances comprising at least first and second time instances (Fig. 2d @ 191. 192, Par. [0064]); - moving the object with respect to the device between each two time instances in a predetermined path (Par. [0007, 0029], Claim 9: the object being measured and a measurement device are moved in relation to each other thus teaches the limitation), whereby the object point is intersected with at least two coincident focus points, each of the at least two coincident focus points having different dominant wavelength and is associated with a different output element as compared to the other at least two coincident focus points intersected with the object point (Par. [0064]. Also see Claim 1 rejection); - determining locations and respective intensity values for local maxima of the acquired intensity values of the detected light (Fig. 2d @ 191. 192, Par. [0064]); and - determining intensity value for the light reflected from the object point with at least two different wavelength based on the determined locations and respective intensity values of the local maxima (Fig. 2d @ 191. 192, Par. [0064]) and on an information about from which output element the light of the local maximum is provided (Fig. 2d, Par. [0064]). Claim Rejections - 35 USC § 103 7. 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. 8. Claims 6, 18 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Niemela in view of US Patent Pub No. 2015/0219454 A1 by Keranen (hereinafter Keranen). Regarding Claim 6, Niemela teaches aberration is provided in the illuminating optics to focus light from each of the location points for each of the output elements on a plurality of imaging focus points positioned at different distances from the illuminating optics along the corresponding illuminating coordinate axis associated with the corresponding principal ray of the illuminating optics for the corresponding location point of the corresponding output element so that each of the illuminating focus points along the same illuminating coordinate axis is formed with a different optical aperture of the illuminating optics, and in that aberration is provided in the imaging optics to form from each of the location points of the light sensor a plurality of imaging focus points positioned at different distances from the imaging optics along the corresponding imaging coordinate axis associated with the corresponding principal ray of the imaging optics for the corresponding location point of the light sensor so that each of the focus points along the same imaging coordinate axis is formed with a different optical aperture of the imaging optics (See Claim 1, 5 rejection) but does not explicitly teach spherical aberration. However, Keranen teaches spherical aberration (Fig. 4 @ 112, 122, Par. [0096-0099]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Niemela by Keranen as taught above such that spherical aberration is utilized, thereby, the output element and the light sensor need not to be inclined in relation to the axes of the illumination optics or imaging optics, but the image planes meet each other on the virtual measuring surface with equal angular apertures of the optics. Thereby, the output element and the light sensor can be in a perpendicular angle in respect of the optical axis which is advantageous from the point of view of the structure of the device (Karenen, Par. [0098]). 8-9. (Cancelled) 12-15. (Cancelled) Regarding Claim 18, Niemela teaches output elements (See Claim 1 rejection) but does not explicitly teach at least one spacing between the adjacent output elements is dissimilar to other spacings between the adjacent output elements. However, Karenen teaches at least one spacing between the adjacent output elements is dissimilar to other spacings between the adjacent output elements (Fig. 5b, where the spacings for the different wavelengths are indicated to be different from each other). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Niemela by Keranen as taught above such that at least one spacing between the adjacent output elements is dissimilar to other spacings between the adjacent output elements is accomplished in order to obtain a predictable result. 20-22. (Cancelled) Regarding Claim 23, Niemela teaches the illuminating optics focuses each of the illuminating focus points along the same corresponding illuminating coordinate axis for the corresponding location point of the corresponding output element with different optical apertures of the illuminating optics by using spherical aberration (See Claim 6 rejection); and, the imaging optics focuses each of the imaging focus points along the same imaging coordinate axis with different optical apertures of the imaging optics by using spherical aberration (See Claim 6 rejection). 29-30. (Cancelled) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIL AHMED whose telephone number is (571)272-1950. The examiner can normally be reached M-F: 9:00 AM - 5:00 PM. 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, Kara Geisel can be reached on 571-272-2416. 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. /JAMIL AHMED/Primary Examiner, Art Unit 2877
Read full office action

Prosecution Timeline

Mar 28, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
97%
With Interview (+15.2%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 683 resolved cases by this examiner. Grant probability derived from career allow rate.

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