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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 24-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yano (US 2013/0141562; IDS, 03/28/2025) in view of Leshem (US 2021/0149170; IDS, 03/28/2025).
Yano discloses and illustrates a microscope. Yano discloses and illustrates a system configuration for concurrently performing imaging of an object and performing a preliminary measurement of an object. (Para, 0023; Fig.1-2E). Yano discloses and illustrates an imaging unit 1 for performing imaging of an object includes a first illuminating unit 20 that illuminates a first object 10, a first imaging unit 50 that performs imaging of a projected image obtained through a projection unit 40, and a first image processing system 51 that processes an image obtained at the first imaging unit 50. (Para, 0024; Fig.1-2E). Yano discloses a measuring unit 2 includes, for example, a displacement meter 60, a second illuminating unit 25, a second imaging unit 61, a second image processing system 62, and a displacement signal processing system 63. (Para, 0026; Fig.1-2E). Yano discloses the measuring unit 2 performs measurement (preliminary measurement) for setting imaging conditions used when performing imaging of a second object 15 at the imaging section 1. (Para, 0026; Fig.1-2E). Yano discloses by such a device configuration, when the imaging at the imaging unit 1 and the preliminary measurement at the measuring unit 2 are concurrently performed, it is possible to increase measurement throughput when a plurality of objects are successively measured. (Para, 0028; Fig.1-2E). These disclosures and illustrations of Figures 1-2E teach and/or suggest the limitation of claim 24, ‘ A measurement system comprising: two or more sets of optical sub-systems configured to simultaneously generate measurement data on two or more samples.…’
Yano discloses control for performing the concurrent operations is performed by a controller 100. (Para, 0028; Fig.1-2E). This disclosure teaches and/or suggests the limitation of claim 24, ‘ A measurement system comprising: a controller including one or more processors configured to execute program instructions…’ Yano discloses conveyance of an object between a position where imaging is performed at the imaging unit 1 and a position where measurement is performed at the measuring unit 2 is performed by a conveying device 70 including a coarse rotation stage 71, a first fine motion stage 72, and a second fine motion stage 73. (Para, 0029; Fig.1-2E). Yano discloses the first fine motion stage 72 and the second fine motion stage 73 hold the respective objects by vacuum attraction or a mechanical method. (Para, 0029; Fig.1-2E). Yano discloses the first fine motion stage 72 and the second fine motion stage 73 are moved relative to the coarse rotation stage 71 in directions x, y, and z by, for example, a linear motor. (Para, 0029; Fig.1-2E). Yano discloses, although a conveying device including a coarse stage and fine motion stages is described, a structure not using fine motion stages may be used as long as positioning precision of the coarse rotation stage 71 is satisfactory. (Para, 0029; Fig.1-2E). Yano discloses the coarse rotation stage 71, the first fine motion stage 72, and the second fine motion stage 73 are provided with openings so as to allow light from the illuminating units to illuminate the objects. (Para, 0029; Fig.1-2E). These disclosures and illustrations teach and/or suggest the limitation of claim 24, ‘ A measurement system comprising: two or more translation stages arranged in a common pattern as the two or more sets of optical sub-systems, wherein each of the two or more translation stages provides motion along a plane and is arranged to position one of the two or more samples under one of the two or more sets of optical sub-systems…’ and the limitation of claim 30.
Yano also discloses an example process, using the microscope to perform successive operations on a plurality of objects (Para, 0030; Fig.2A-2E). Yano discloses, in Step 1 (FIG. 2A), an object A is conveyed onto the first fine motion stage 72 to perform a preliminary measurement by the measuring unit 2. (Para, 0031; Fig.2A). Yano discloses, The second illuminating unit 25 and the second imaging unit 61 are used to measure the dimensions of the specimen included in the prepared sample, a quantity of transmitted light or a quantity of reflected light, and the thickness of the cover glass of the prepared sample (Para, 0031; Fig.2A). Yano discloses, in Step 2 (FIG. 2B), after conveying the prepared sample A to the imaging unit 1 by rotating the conveying device 70, a prepared sample B for microscopic observation is conveyed onto the second fine motion stage 73. (Para, 0032; Fig.2B). Yano discloses in Step 3 (FIG. 2C), concurrently with imaging of the prepared sample A, the prepared sample B is preliminarily measured and after the imaging of the prepared sample A and the preliminary measurement of the prepared sample B end, imaging conditions in the imaging unit 1 are set in accordance with the prepared sample B concurrently with the rotation of the conveying device 70. (Para, 0032; Fig.2B). Yano discloses, in Step 4 (FIG. 2D), the prepared sample A is conveyed away from the first fine motion stage 72, and a prepared sample C is conveyed onto the first fine motion stage 72. (Para, 0034; Fig.2D). Yano discloses in Step 5 (FIG. 2E), after concurrently performing imaging of the prepared sample B and preliminary measurement of the prepared sample C, imaging conditions in the imaging unit 1 are set in accordance with the prepared sample C concurrently with the rotation of the conveying device 70. (Para, 0035; Fig.2E). Yano discloses thereafter, the operations of Steps 4 and 5 are repeated. (Para, 0036). Yano explains, by concurrently performing the respective imaging and the respective preliminary measurements, it is possible to increase throughput. (Para, 0037). These disclosures and illustrations teach and/or suggest the limitation of claim 24, ‘ A measurement system comprising: …a controller… causing the one more processors to: independently direct each of the two or more translation stages and the associated one of the two or more sets of optical sub-systems to generate measurement data for a respective one of the two or more samples; and generate one or more measurements for each of the two or more samples based on the associated measurement data.’ Moreover, these disclosures and illustrations also teach and/or suggest the limitations of claims 31-32.
Still the disclosures and illustrations of Yano as discussed above fail to teach and/or suggest the limitation of claim 24, ‘ A measurement system comprising: a support structure configured to provide at least mechanical support to the two or more translation stages…’ However, the disclosures of Yano further in view of the disclosures of Leshem provides such teachings.
Leshem is directed to a scanning microscope which includes a stage to hold a sample on an image capture device to capture multiple images of the sample within a field of view of the image capture device and it may also include a lateral actuator to change a relative position between the image capture device and the sample within a field of view of the image capture device. (Abstract; Para, 0026). Leshem discloses the microscope 100 may also comprise or be connected to stage 116, which comprises any horizontal rigid surface where sample 114 may be mounted for examination. (Para, 0031; Fig.1). Leshem explains the stage 116 may comprise a mechanical connector for retaining a slide containing sample 114 in a fixed position and the mechanical connector may use one or more of the following: a mount, an attaching member, a holding arm, a clamp, a clip, an adjustable frame, a locking mechanism, a spring or any combination thereof. (Para, 0031). Leshem discloses in some embodiments, stage 116 may comprise a translucent portion or an opening for allowing light to illuminate sample 114. (Para, 0031; Fig.1). Leshem explains, light transmitted from illumination assembly 110 may pass through sample 114 and towards image capture device 102. (Para, 0031; Fig.1). Leshem also discloses in some embodiments, stage 116 and/or sample 114 may be moved using motors or manual controls in the XY plane to enable imaging of multiple areas of the sample. (Para, 0031; Fig.1). The disclosures of Yano further in view of these disclosures of Leshem teach and/or suggest the limitation of claim 24, ‘ A measurement system comprising: a support structure configured to provide at least mechanical support to the two or more translation stages…’ Moreover, the disclosures of Yano further in view of the disclosures and illustrations of Leshem contemplate the limitation of claims 25-29.
It would have been obvious to one of ordinary skill in the art at the time of filing of the present application by Applicant to modify the disclosures of to modify the disclosures of Yano further in view of the disclosures of Leshem as both are directly to analogous imaging devices and Leshem provides a support structure that can be easily implemented for the support stages disclosed in the imaging system of Yano with a reasonable expectation of successfully imaging samples and obtaining a precise image of the sample.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: The disclosures and illustrations of Yano as discussed above teach and/or suggest the limitations of independent claim 1, ‘ A measurement system comprising: two or more sets of optical sub-systems configured to simultaneously generate measurement data on two or more samples; a coarse translation stage configured to provide motion along a plane; two or more fine translation stages disposed on the coarse translation stage arranged in a common pattern as the two or more sets of optical sub-systems, wherein each of the two or more fine translation stages provides motion along the plane and is arranged to position one of the two or more samples under one of the two or more sets of optical sub-systems… a controller including one or more processors configured to execute program instructions causing the one more processors to: independently direct each of the two or more fine translation stages and the associated one of the two or more sets of optical sub-systems to generate measurement data for a respective one of the two or more samples; and generate one or more measurements for each of the two or more samples based on the associated measurement data.’ However, the disclosures and illustrations of Yano as discussed above fail to teach and/or suggest the limitation of claim 1, ‘ a measurement system comprising: … wherein the two or more fine translation stages provide at least one of a shorter travel distance than the coarse translation stage or an improved performance than the coarse translation stage according to one or more metrics…’ The disclosures and illustrations of Leshem as discussed above fail to cure the deficiency of Yano to teach and/or suggest this limitation of claim 1. Furthermore, the prior art fails to provide other relevant disclosures which are properly combinable with Yano to teach and/or suggest this limitation of claim 1. Therefore, independent claim 1 and claims 2-12 depending therefrom are allowable.
Independent claim 13 is directed to a motion system. The disclosures of Yano as discussed above teach and/or suggest the limitations of claim 13, ‘ A motion system comprising: a coarse translation stage configured to provide motion along a plane; and two or more fine translation stages disposed on the coarse translation stage and arranged in a common pattern as two or more sets of optical sub-systems, wherein each of the two or more fine translation stages provides motion along the plane and is arranged to position one of the two or more samples under one of the two or more sets of optical sub-systems for measurements according to a recipe…’ The disclosures of Yano as discussed above fail to teach and/or suggest the limitation of claim 13, ‘ A motion system comprising: …wherein the two or more fine translation stages provide at least one of a shorter travel distance than the coarse translation stage or an improved resolution than the coarse translation stage according to one or more metrics.’ This limitation is similar in scope to the limitation recited in independent claim 1 as discussed above, which distinguished claim 1 from the prior art. Therefore, independent claim 13 and claims 14-22 depending therefrom are allowable.
Independent claim 23 is directed to a method. The disclosures of Yano as discussed above teach and/or suggest the limitation of claim 23, ‘ A method comprising: positioning two or more samples for parallel measurements by two or more optical sub-systems, wherein the two or more samples are disposed on two or more fine translation stages coupled to a common coarse translation stage and arranged in a common pattern as the two or more optical sub-systems…and independently generating one or more measurements for the two or more samples based on measurement data from the two or more optical sub-systems.’ The disclosures of Yano as discussed above fail to teach and/or suggest the limitation of claim 23, ‘ A method comprising: …wherein the two or more fine translation stages provide at least one of a shorter travel distance than the coarse translation stage or an improved resolution than the coarse translation stage...’ This limitation is similar in scope to the limitation recited in independent claims 1 and 13 which was the basis for indicating claims 1 and 13 as allowable. Therefore, independent claim 23 is also allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALEEN O SULLIVAN whose telephone number is (571)272-6569. The examiner can normally be reached Mon-Fri: 7:30 am-4:00 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, Dale Page can be reached at 571-270-7877. 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.
/CALEEN O SULLIVAN/Primary Examiner, Art Unit 2899
Prosecution Insights