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 .
DETAILED ACTION
Amendment
The amendment filed on 01/23/2026 has been entered into this application. Claims 14, 23 and 29 are cancelled. Claim 31 has been added.
Information Disclosure Statement
The information disclosure statement filed on 01/23/2026 has been entered and considered by the examiner.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-4, 6-8, 10-12, 15-16, 18-19, and 21-22, 24-28, and 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al. (2010/0033735 A1, previously cited reference).
Regarding claims 1, 15 and 18, Sakai discloses an apparatus/method (figs. 1-5) configured to measure a thickness of sample/film (i.e. a graphene oxide coating) disposed on a support substrate (i.e. wafer), the apparatus comprising:
a light source light emitting device 3 configured to be positioned on a first side of the support substrate and illuminate the support substrate with incident light having a range of wavelengths is plurality of a plurality of LEDs plurality of LEDs having a plurality of wavelengths that anticipate(s) range of wavelengths and/or a white LED anticipate(s) an incident light that is having a range of wavelengths, also a lamp light source is an incident light having a range of wavelengths [par. 0050], the incident light traveling through the light-transmissive substrate support substrate and the graphene oxide coating to exit as transmitted light a white LED anticipate(s) an incident light that is having a range of wavelengths, also a lamp light source is an incident light having a range of wavelengths [par. 0050] [pars. 0002-3, 0011, 0047, 0050 and 0052] (see as depicted disclosure fig. 3: SA2 Radiate white light is incident light having a range of wavelengths incident onto each sample (substrate and film), obtaining the film thicknesses at the individual positions on the substrate and/or the film thicknesses may be classified into several levels, and the individual classes may be displayed with different colors/wavelengths [pars. 0073-75];
a photodetector is a light receiving device (light detection unit) 2 configured to be positioned on a second side of the support substrate and measure an intensity of the transmitted light as can be seen depicted in drawing (figs. 1-2); and
compare (the act of examining characteristics or qualities, similarities and differences between two or more things) the measured intensity of the transmitted light with a reference level is calculates the transmittance by comparing this light intensity with the standard (a reference level) light intensity obtained in advance; and
determine, based on the comparison (the act of examining characteristics or qualities, similarities and differences between two or more things), the thickness of the film (fig. 3)
wherein the reference level the standard (a reference level) light intensity obtained in advance is an intensity of transmitted light having the range of wavelengths measured for a control film/graphene oxide coating of a known thickness [pars. 0073-80, 0090];
wherein the processor computer 7 calculates the film thickness of the substrate W is configured to determine a relative thickness of the film (claim 15) [pars. 0074-76, (claim 1)] (claim 15);
Sakai fail to explicitly specify the constructional/structural changes of substituting the film disposed on the support substrate as being graphene oxide coating and/or any specific type of coating and/or film because Sakai does not limit the type of film and/or coating to be deposed on the support substrate to be measured, since the propose modification of the prior art (that is substituting film with graphene oxide coating or any of specific film in order to measure thickness of the graphene oxide coating/film) would not change the principle of operation of the prior art invention being modified, the system/the film thickness measurement method for performing film thickness measurement would accurately determine/detect the thickness of the film/coat deposed on the support substrate without discrimination, since the system of measuring the thickness does not discriminate.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Sakai by substituting film that is deposed on the support substrate with graphene oxide coating in order to accurately determine/detect the thickness of the coat deposed on the support substrate, since the propose modification of the prior art (that is substituting film with graphene oxide coating or any of specific film in order to measure thickness of the graphene oxide coating/film) would not change the principle of operation of the prior art invention being modified, the system would still accurately determine/detect the thickness of the coat deposed on the support substrate, since the system of measuring the thickness of the film/coat do/does not discriminate. In this case, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
For the purposes of clarity, the method claim 18 is taught/suggested by the functions shown/stated/set forth with regards to the apparatus claim 1 and 15 as rejected above as being unpatentable over Sakai.
In addition, Sakai [par. 0087] teaches that these samples (plurality i.e. substrate and film(s)/coat(s) considering BRI) are each irradiated with white light, white light incident light have a range of wavelengths.
As to claims 2-4, 6-8 and 10-12, Sakai further discloses the apparatus/system comprising limitations such as, a conveyor system transport conveyor 1 configured to move the support substrate in a direction perpendicular to the direction of the incident light from the light emitting device 3, thereby permitting the apparatus to measure the thickness continuously (claim 2); a light source power supply is a power source coupled to the light source the light emitting device 3 and configured to provide power to the light source (claim 3); wherein the incident light the light emitting device 3 has a range of wavelengths between about 200 nm to about 600 nm is included in a short wavelength (approximately 450 nm) to a long wavelength (approximately 750 nm)(claim 4); wherein the light source is a light- emitting diode (LED), a laser, a mercury lamp, or a metal halide lamp [pars. 0073 and 0078] (claim 6); wherein the light source includes a plurality of light sources LEDs/various LEDs that emit light having the above single wavelengths [pars. 0073 and 0078] (claim 7); wherein the plurality of light sources is LEDs/various LEDs that emit light having the above single wavelengths arranged in an array [pars. 0073 and 0078] (claim 8); wherein the photodetector is a charge-coupled device (CCD), a photomultiplier, or a photodiode [pars. 0052, 0073 and 0078] (claim 10); wherein the photodetector the light receiving device (light detection unit) 2 is formed of a plurality of light receiving elements includes a plurality of the photodetectors [pars. 0052, 0073 and 0078] (claim 11); and wherein the plurality of the photodetectors the plurality of light receiving elements disposed in a line implicitly is arranged in an array (claim 12).
As to claim 16, Sakai discloses a system (figs. 1-5) of measuring a thickness of sample film (i.e. a graphene oxide coating) disposed on a support substrate (i.e. wafer), as applied to claim 1, the system comprising wherein the processor computer 7 comprises memory device a non-transitory processor-readable medium storing code representing instructions to be executed by the processor [pars. 0069, 0074], the code configured to cause the processor to: compare the measured intensity of the transmitted light with a calibration curve is calibrated wavelength λ [pars. 0069, 0074 and 0094]; and is implicitly use to calculate an absolute thickness of the film based on the calibration curve calibrated wavelength λ that is stored (figs. 3-5) [pars. 0069, 0074 and 0094].
Sakai fail to explicitly specify the constructional/structural changes of claim 16 of substituting the film disposed on the support substrate as being graphene oxide coating and/or any specific type of coating and/or film because Sakai does not limit the type of film and/or coating to be deposed on the support substrate to be measured, since the propose modification of the prior art (that is substituting film with graphene oxide coating or any of specific film in order to measure thickness of the graphene oxide coating/film) would not change the principle of operation of the prior art invention being modified, the system/the film thickness measurement method for performing film thickness measurement would accurately determine/detect the thickness of the film/coat deposed on the support substrate without discrimination, since the system of measuring the thickness does not discriminate.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Sakai device in the manner set forth in applicant’s claim 16, by substituting film that is deposed on the support substrate with graphene oxide coating in order to accurately determine/detect the thickness of the coat deposed on the support substrate, since the propose modification of the prior art (that is substituting film with graphene oxide coating or any of specific film in order to measure thickness of the graphene oxide coating/film) would not change the principle of operation of the prior art invention being modified, the system would still accurately determine/detect the thickness of the coat deposed on the support substrate, since the system of measuring the thickness of the film/coat do/does not discriminate. In this case, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claims 19, 21-22, and 24-26, Sakai further discloses the method/system comprising limitations such as, wherein the incident light the light emitting device 3 has a range of wavelengths between about 200 nm to about 600 nm is included in a short wavelength (approximately 450 nm) to a long wavelength (approximately 750 nm) (claim 19); wherein the light source is a light- emitting diode (LED), a laser, a mercury lamp, or a metal halide lamp [pars. 0073 and 0078] (claim 21); wherein the photodetector is a charge-coupled device (CCD), a photomultiplier, or a photodiode [pars. 0052, 0073 and 0078] (claim 22); computer 7 calculates the film thickness of the substrate W using comparing the relative thickness with a calibration curve calibrated wavelength λ; and converting the relative thickness to an absolute thickness based on the calibration curve calibrated wavelength λ that is stored (figs. 3-5) [pars. 0069, 0074 and 0094] claim 24); a transparent glass substrate support [pars. 0049, 0055, 0061 and 0071] includes wherein the support substrate comprises polypropylene, polystyrene, polyethylene, polyethylene oxide, polyethersulfone, polytetrafluoroethylene, polyvinylidene fluoride, polymethylmethacrylate, polydimethylsiloxane, polyester, cellulose, cellulose acetate, cellulose nitrate, polyacrylonitrile, glass fiber, quartz, alumina, polycarbonate, nylon, Kevlar or other aramid, polyether ether ketone, or a combination thereof (claim 25);
As to claim 26, Sakai discloses a system/method (figs. 1-5) of measuring a thickness of sample film (i.e. a graphene oxide coating) disposed on a support substrate (i.e. wafer), as applied to claim 18, the method comprising a transport conveyor 1 configured to move the support substrate [pars. 0049-50, 0054-56] includes wherein: the support substrate moves in a direction perpendicular to the direction of the incident light from the light emitting device 3; and the method determines the relative or the absolute thickness of the sample/film continuously.
Sakai fail to explicitly specify the constructional/structural changes of claim 26 of substituting the film disposed on the support substrate as being graphene oxide coating and/or any specific type of coating and/or film because Sakai does not limit the type of film and/or coating to be deposed on the support substrate to be measured, since the propose modification of the prior art (that is substituting film with graphene oxide coating or any of specific film in order to measure thickness of the graphene oxide coating/film) would not change the principle of operation of the prior art invention being modified, the system/the film thickness measurement method for performing film thickness measurement would accurately determine/detect the thickness of the film/coat deposed on the support substrate without discrimination, since the system of measuring the thickness does not discriminate.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Sakai device in the manner set forth in applicant’s claim 26, by substituting film that is deposed on the support substrate with graphene oxide coating in order to accurately determine/detect the thickness of the coat deposed on the support substrate, since the propose modification of the prior art (that is substituting film with graphene oxide coating or any of specific film in order to measure thickness of the graphene oxide coating/film) would not change the principle of operation of the prior art invention being modified, the system would still accurately determine/detect the thickness of the coat deposed on the support substrate, since the system of measuring the thickness of the film/coat do/does not discriminate. In this case, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claim 27, Sakai further discloses a method, comprising:
a transport conveyor 1 configured to move the support substrate [pars. 0049-50, 0054-56] moving a support substrate disposed on a conveyor system in a first direction;
light emitting device 3 illuminating, with incident light having a range of wavelengths is plurality of a plurality of LEDs plurality of LEDs having a plurality of wavelengths that anticipate(s) range of wavelengths and/or a white LED anticipate(s) an incident light that is having a range of wavelengths, also a lamp light source is an incident light having a range of wavelengths [par. 0050] from a light source,
sample/film disposed on the support substrate (i.e. wafer), the incident light traveling in a second direction perpendicular to the first direction, the incident light traveling through the light-transmissive substrate support substrate and the film to exit as transmitted light [pars. 0002-3, 0011, 0047 and 0052], a white LED anticipate(s) an incident light that is having a range of wavelengths, also a lamp light source is an incident light having a range of wavelengths [par. 0050] [pars. 0002-3, 0011, 0047, 0050 and 0052] (see as depicted disclosure fig. 3: SA2 Radiate white light is incident light having a range of wavelengths incident onto each sample (substrate and film), obtaining the film thicknesses at the individual positions on the substrate and/or the film thicknesses may be classified into several levels, and the individual classes may be displayed with different colors/wavelengths [pars. 0073-75];
a light receiving device (light detection unit) 2 measuring an intensity of the transmitted light with a photodetector; receiving, via a processor a computer 7, signals from the photodetector light receiving device (light detection unit) 2 indicative of the measured intensity of the transmitted light;
comparing (the act of examining characteristics or qualities, similarities and differences between two or more things), via the processor the computer 7, the measured intensity of the transmitted light with a reference level calibrated wavelength λ that is stored (figs. 3-5) [pars. 0069, 0074 and 0094];
the reference level the standard (a reference level) light intensity obtained in advance being an intensity of transmitted light having a range of wavelengths measured for a control film of a known thickness [pars. 0073-80, 0090];
the computer 7 calculates the film thickness of the substrate W is determining continuously, via the processor, a relative thickness of the support substrate based on the comparison with the reference level calibrated wavelength λ that is stored (figs. 3-5) [pars. 0069, 0074 and 0094] [pars. 0074-76, (claim 1)].
Sakai fail to explicitly specify the constructional/structural changes of substituting the film disposed on the support substrate as being graphene oxide coating and/or any specific type of coating and/or film because Sakai does not limit the type of film and/or coating to be deposed on the support substrate to be measured, since the propose modification of the prior art (that is substituting film with graphene oxide coating or any of specific film in order to measure thickness of the graphene oxide coating/film) would not change the principle of operation of the prior art invention being modified, the system/the film thickness measurement method for performing film thickness measurement would accurately determine/detect the thickness of the film/coat deposed on the support substrate without discrimination, since the system of measuring the thickness does not discriminate.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Sakai by substituting film that is deposed on the support substrate with graphene oxide coating in order to accurately determine/detect the thickness of the coat deposed on the support substrate, since the propose modification of the prior art (that is substituting film with graphene oxide coating or any of specific film in order to measure thickness of the graphene oxide coating/film) would not change the principle of operation of the prior art invention being modified, the system would still accurately determine/detect the thickness of the coat deposed on the support substrate, since the system of measuring the thickness of the film/coat do/does not discriminate. In this case, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
For the purposes of clarity, Sakai [par. 0087] teaches that these samples (plurality i.e. substrate and film(s)/coat(s) considering BRI) are each irradiated with white light, white light incident light have a range of wavelengths.
As to claims 28 and 30, Sakai further discloses the method/system that is use implementing limitations such as, wherein the incident light the light emitting device 3 has a range of wavelength between about 200 nm to about 600 nm is included in a short wavelength (approximately 450 nm) to a long wavelength (approximately 750 nm) (claim 28); and wherein the photodetector is a charge-coupled device (CCD), a photomultiplier, or a photodiode [pars. 0052, 0073 and 0078] (claim 30).
As to claim 31, Sakai further discloses the method/system of claim 1, comprising a light source light emitting device 3 configured to be positioned on a first side of the support substrate and illuminate the support substrate with incident light having a range of wavelengths is plurality of a plurality of LEDs plurality of LEDs having a plurality of wavelengths that anticipate(s) range of wavelengths and/or a white LED anticipate(s) an incident light that is having a range of wavelengths, also a lamp light source is an incident light having a range of wavelengths [par. 0050], the incident light traveling through the light-transmissive substrate support substrate and the graphene oxide coating to exit as transmitted light a white LED anticipate(s) an incident light that is having a range of wavelengths, also a lamp light source is an incident light having a range of wavelengths [par. 0050] [pars. 0002-3, 0011, 0047, 0050 and 0052] (see as depicted disclosure fig. 3: SA2 Radiate white light is incident light having a range of wavelengths incident onto each sample (substrate and film), obtaining the film thicknesses at the individual positions on the substrate and/or the film thicknesses may be classified into several levels, and the individual classes may be displayed with different colors/wavelengths [pars. 0073-75], wherein the incident light the light emitting device 3 has a range of wavelength between about 200 nm to about 600 nm is included in a short wavelength (approximately 450 nm) to a long wavelength (approximately 750 nm);
Sakai fail to explicitly specify the constructional/structural changes of wherein the incident light has the range of wavelengths 31. configured to be absorbed less than 10% by the substrate.
However, even though, Sakai fail to teach the constructional changes in the device/system of claim 1, as that claimed by Applicants claim 31, the constructional changes differences are considered obvious design variation,
since the propose modification of the prior art would not change the principle of operation of the prior art invention being modified, the system/the film thickness measurement method/device for performing film thickness measurement would accurately determine/detect the thickness of the film/coat deposed on the support substrate without discrimination, since the system of measuring the thickness does not discriminate.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Sakai device in the manner set forth in applicant’s claim 31, in order to accurately determine/detect the thickness of the coat deposed on the support substrate, since the propose modification of the prior art would not change the principle of operation of the prior art invention being modified, the system would still accurately determine/detect the thickness of the coat deposed on the support substrate, since the system of measuring the thickness of the film/coat do/does not discriminate. In this case, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al. (2010/0033735 A1, previously cited reference) in view of Pfeffer et al. (2019/0195456 A1, previously cited reference) and/or Ji et al. (2015/0355053 A1, previously cited reference).
As to claim 17, Sakai teaches of the features of claim 1, as applied to claim 17 comprising wherein the light source includes a plurality of light sources LEDs/various LEDs that emit light having the above single wavelengths [pars. 0073 and 0078] and; wherein the plurality of light sources is LEDs/various LEDs that emit light having the above single wavelengths arranged in an array [pars. 0073 and 0078].
Sakai fail to explicitly specify dissipating heat generated by the plurality of light sources is LEDs/various LEDs that emit light having the above single wavelengths such as, comprising a heat sink coupled to the light source and configured to prevent the light source from overheating.
However, dissipating heat generated by the light source using heat sink in order to increase heat dissipation efficiency and serve to help cool the plurality of light sources LEDs temperature and/or control temperature within the system, is known in the art, as evidence by Pfeffer (Pfeffer, [pars. 0032-33]) and/or Ji (Ji, [pars. 0174].
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Sakai system/apparatus in the manner set forth in applicant’s claim 17, in view of the teaching of Pfeffer and/or Ji in order to increase heat dissipation efficiency and serve to help cool the plurality of light sources LEDs temperature and/or control temperature within the system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Response to Arguments
Applicant’s arguments/remarks, filed on 01/23/2026, with respect to the rejection(s) of claim(s) have been considered but are moot because the arguments do not apply to the new ground(s) of rejection(s) being used in the current rejection.
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 Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877