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 .
Response to Amendment and Status of Application
This notice is in response to the amendments filed 30 October 2025. Claims 1-4 and 6-22 are pending in the instant application where claims 1-4, 6-11, 13-16, 18, and 21-22 are amended and claim 5 has been cancelled.
Response to Arguments
Applicant’s arguments (remarks page 2, “Response to Rejections under 102(a)(1)” through page 3 “Response to Rejections under 103(a)”) with respect to at least independent claim(s) 1 and 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. This is in relation to arguments directed to “a first phase mask positioned within an optical path of the reflected light…” and “a second phase mask positioned within an optical path of the scattered light…”.
Applicant's remaining arguments filed 30 October 2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument (remarks page 5 paragraph 3) that the polarization unit 35 of Honda does not have a first region and a second portion, and is “therefore incapable of phase-shifting the second portion of the light source relative to the first portion of the source light” examiner notes that Honda was not relied upon to teach the phase shift of the first portion relative to the second portion of light incident to the phase mask. Instead, Liu is cited as teaching that limitation. Honda is used solely to teach placing a polarization-affecting components [analogous to the phase mask of Liu] within the source path of incident light introduced to the system – Honda [0074] discloses the polarization control unit 35 as comprising a half wave plate and a quarter wave plate, with the ability to control the polarization of light introduced into the system (i.e. all S-polarized, all P-polarized, circularly polarized, 45° polarized intermediate, etc.) Given the motivation within the rejection of enabling a manipulation of the phase and/or polarization of light within an incident/illumination arm of the invention, this motivation reflects applicant’s assertions of criticality for having the phase mask in an incident arm. Placing the phase mask of Liu within the incident light arm of the surface inspection device as exemplified by Honda allows for an operator to engineer the source beam within the invention (i.e. manipulation of the phase and/or polarization of light within an incident/illumination arm) and one of ordinary skill in the art would recognize the advantage of a tunable polarization unit for incident light given the needs for different polarizations during sample inspection described in Honda [0074]. Given the utility for polarization control for incident light in the system of Liu in view of Honda, control over the direction and magnitude of the electric field of the source light is not considered as a critical or unexpected result, and therefore the argument (remarks page 6 paragraphs 1-2) is not persuasive.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Regarding claim 1, the claim recites the limitations “illumination subsystem”, “collection subsystem”, and light detection subsystem” which use the generic placeholder “subsystem” that are coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Accordingly, “illumination subsystem” is interpreted under 35 U.S.C. 112(f) as corresponding to a light source (or sources) 204 configured to generate incident light 206 (applicant’s specification [0024]), where the light source(s) may include a broadband lamp, narrow-band laser, light-emitting diode, semiconductor laser, gas laser, pulsed laser, continuous wave laser, etc. (applicant’s specification [0025]), and comprise an objective, telescope optics, 218, relay optics, etc. (applicant’s specification [0028], and any equivalents thereof.
The limitation “collection subsystem” is interpreted under 35 U.S.C. 112(f) as corresponding to an objective, telescope optics, relay optics; any number of lens types (applicant’s specification [0025]), one or more directional filters, and any equivalents thereof.
The limitation “light detection subsystem” is interpreted under 35 U.S.C. 112(f) as corresponding to a relay optics comprised of lenses, mirrors, waveguides, etc., light detectors including complementary metal-oxide-semiconductor (CMOS) image sensors, charge coupled devices (CCDs), hybrid CMOS-CCD image sensors, photomultiplier tubes (e.g., an array of photocathode-based pixels), photodiodes, phototransistors, or any other suitable photon detectors (applicant’s specification [0060]), and any equivalents thereof.
Regarding claim 17, the claim recites the limitation “processing device” which uses the generic placeholder “device” that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Accordingly, the limitation “processing device” is interpreted under 35 U.S.C. 112(f) as corresponding to central processing units (CPUs), application-specific integrated circuits (ASICs), field programmable gate arrays (FPGAs), digital signal processors (DSPs), and network processors (applicant’s specification [0057]) and any equivalents thereof.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6-8, 11-13, 16-18 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0268710 A1 by Xuefeng Liu et al. (herein after “Liu”) in view of US 2019/0162647 A1 by Selim M. Unlu et al. (herein after “Unlu”).
Regarding claim 1, Liu discloses a sample inspection system (Liu [0063] and fig. 1B disclose a detection device which captures an image of a sample 106 [sample inspection]), comprising:
an illumination subsystem to generate a light incident on a sample (Liu [0053] and fig. 1B discloses an illumination source 112 which directs a beam 114 to sample 106);
a collection subsystem comprising one or more optical elements to collect a light generated upon interaction of the incident light with the sample (Liu [0066] discloses any number of beam-conditioning elements to direct or modify the sample light 122 including lenses, filters, apertures, polarizers, phase masks, etc.; any combination of beam-conditioning elements read as the “collection subsystem”);
light detection subsystem configured to detect the collected light and generate one or more signals representative of one or more characteristics of the sample (Liu [0063] and fig. 1B discloses at least one detector 110 which captures light configured to capture at least a portion of the sample light 122; fig. 1B and [0051] shows an additional detector 110; [0063] discloses that the detectors 110 may be multi-pixel detector to capture an image of the sample [characteristics of the sample]; the detector 110 may also be a spectroscopic detector to identify wavelengths of the sample light 122 [characteristics of the sample based on wavelengths of light after interacting with the sample]; any and all detectors 110 and equivalent read as the “light detection system”);
wherein the sample inspection system comprises a phase mask positioned to interact with at least one of the incident light or the collected light (Liu fig. 2 shows a phase mask 202; fig. 1B and [0064] disclose that a continuous degenerate elliptical retarder 104 (CDER – see [0014]) is included within a collection pathway 124; [0108] discloses that the CDER 104 comprises the phase mask 202 (though not shown in the figs.), and therefore the phase mask 202 is within the collection pathway 124 [positioned to interact with the collected light]), and wherein the phase mask comprises at least:
a first region to engage a first portion of light interacting with a respective phase mask (Liu [0072] and fig. 2 disclose the phase mask 202 with a first segment 204 [first region]; fig. 1B shows the CDER 104 comprising phase mask 202 – including the first portion 204 – is disposed along the collection pathway 124 [the first region interacts with at least a first portion of light]; here, “a respective phase mask” is considered as the phase mask 202 itself – the light is interacting with the phase mask itself), and a second region to (i) engage a second portion of the light interacting with the respective phase mask and (ii) phase shift the second portion relative to the first portion (Liu [0072] and fig. 2 disclose the phase mask 202 has a second segment 206; as above, the phase mask 202 (including the second portion) is disposed along collection pathway 124 [the second region interacts with at least a second portion of light i.e. the portion of light which hasn’t engaged with the first portion]; the segment 204 [first portion] is formed from a half-wave plate and the segment 206 [second portion] does not rotate the polarization of the light, therefore the second region phase-shifts the second portion relative to the first portion; one of ordinary skill recognizes that waveplates are used to phase shift light (fig. 2 shows a phase shift in the exponential function eiπ); examiner notes that either region 204 or 206 may be termed as the “first region” or “second region” – the claim is satisfied so long as there is a relative phase-shift between the light exiting the first region and the second region, which has been shown; as with the preceding limitation, “the respective phase mask” is considered as the phase mask 202 itself – the light is interacting with the phase mask itself), and wherein the plurality of phase masks comprises:
a phase mask positioned within an optical path of the scattered part of the light generated upon interaction of the incident light with the sample (Liu fig. 2 shows the CDER 104 [which comprises the phase mask 202] in the path of scattered light from the sample 106 (see [0062 – the objective 126 does not collect specularly reflected light in certain embodiments]).
Liu is silent to wherein the sample inspection system comprises a plurality of phase masks, wherein each phase mask of the plurality of phase masks comprises a first region to engage a first portion of light interacting with a respective phase mask of the plurality of phase masks; and wherein the plurality of phase masks comprises: a first phase mask positioned within an optical path of a reflected part of the light generated upon interaction of the incident light with the sample, and a second phase mask.
However, Unlu does address this limitation. Liu and Unlu are considered to be analogous to the present invention because they are both optical systems which utilize phase masks within single particle detection and imaging systems.
Unlu discloses “the sample inspection system comprises a plurality of phase masks, wherein each phase mask of the plurality of phase masks comprises a first region of the plurality of phase masks” (Unlu fig. 2 and [0043]-[0044] disclose a multi arm detection system comprising an illumination arm from light source 222 and two detectors 232, 242; there are a plurality of masks 224, 236, and 246 [plurality of phase masks]; Unlu [0012] discloses that at least one phase mask contains two or more concentric regions, i.e. a bullseye shape top left of fig. 2 [the phase mask of the plurality of phase masks has a first region – given the plurality of phase masks within Unlu, it would be obvious to one of ordinary skill for each phase mask to have this characteristic) “and wherein the plurality of phase masks comprises:
a first phase mask positioned within an optical path of a reflected part of the light generated upon interaction of the incident light with the sample” (Unlu [0046] discloses a plurality of phase masks where masks 236 and 246 are positioned along collection arms and are positioned to capture components of reflected [and scattered] light from the sample 100), “and
a second phase mask” (the other phase mask either 236 or 246 is considered the second phase mask depending on which was considered the first phase mask).
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 Liu to incorporate wherein the sample inspection system comprises a plurality of phase masks, wherein each phase mask of the plurality of phase masks comprises a first region to engage a first portion of light interacting with a respective phase mask of the plurality of phase masks; and wherein the plurality of phase masks comprises: a first phase mask positioned within an optical path of a reflected part of the light generated upon interaction of the incident light with the sample, and a second phase mask as suggested by Unlu for the advantage of enabling the amplitude (and phase) of light along the illumination and/or collection paths to be adjusted as desired by an operator, for example minimizing the amplitude of reference illumination in a central region of the phase mask for better imaging of the sample (Unlu [0012]-[0013]).
Regarding claim 2, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches the system wherein the second region of at least one of the first phase mask or the second phase mask is to phase-shift the second portion of the light relative to the first portion by a phase shift that is between λ/4 and 3λ/4, wherein λ is a wavelength of the light incident on the at least one of the first phase mask or the second phase mask (Liu [0072] discloses that the segment 204 is formed from a half-wave plate, thereby introducing a phase shift of π; the wavelength of the light incident on the first phase mask 202 will be the same for the first and second portions – a phase shift of 2π results in one complete cycle for the wavelength of light incident; a phase shift of π results in a half cycle [i.e. shifting the phase of the incident light by λ/2]).
Regarding claim 3, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches the system wherein the second region of the at least one of the first phase mask or the second phase mask is to phase-shift the second portion of the light relative to the first portion by half a wavelength of the light incident on the at least one of the first phase mask or the second phase mask (Liu [0072] discloses that the segment 204 is formed from a half-wave plate, thereby introducing a phase shift of π; the wavelength of the light incident on the first phase mask 202 will be the same for the first and second portions – a phase shift of 2π results in one complete cycle for the wavelength of light incident; a phase shift of π results in a half cycle [i.e. shifting the phase of the incident light by λ/2]).
Regarding claim 4, Liu when modified by Unlu discloses the sample inspection system of claim 1. Liu is silent to the sample inspection system of claim 1, wherein a third phase mask of the plurality of phase masks is positioned within an optical path of the incident light.
However, Unlu does address this limitation.
Unlu discloses the sample inspection system of claim 1, “wherein a third phase mask of the plurality of phase masks is positioned within an optical path of the incident light” (Unlu fig. 2 and [0043] discloses that the illumination path from illumination source 222 comprises one or more illumination masks 224 [third phase mask], shown as positioned in the optical path of the incident light).
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 Liu to incorporate wherein a third phase mask of the plurality of phase masks is positioned within an optical path of the incident light as suggested by Unlu for the advantage of enabling the amplitude (and phase) of light along the illumination and/or colleciton paths to be adjusted as desired by an operator, for example minimizing the amplitude of reference illumination in a central region of the phase mask for better imaging of the sample (Unlu [0012]-[0013]).
Regarding claim 6, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches the system wherein the first region of the at least one first phase mask or the second phase mask comprises air or a first material of a first thickness and the second region of the at least one first phase mask or the second phase mask comprises at least one of: a second material, or the first material of a second thickness (Liu [0072] discloses that the segment 204 [first region of the first phase mask] is formed from a half-wave plate [first material], and that the segment 206 [second region] comprises a compensating plate having the same thickness as the half-wave plate [the first material has a first thickness, and the second region comprises the first material of a second thickness]; in this case, the first and second thickness are approximately the same).
Regarding claim 7, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches the system wherein the first region comprises a first material and the second region comprises the first material, wherein the first material comprises a polarizing material (Liu [0072] discloses that the segment 204 [first region] is formed with a half-wave plate [constructed from a first material]; the half-wave plate is known in the art to rotate the polarization [i.e. first material comprises a polarizing material]; the segment 206 [second region] is constructed from same material as the half-wave plate).
Liu does not explicitly disclose the sample inspection system of claim 1, wherein the second region comprises a second material.
However, Liu does suggest this limitation.
Liu suggests the sample inspection system of claim 1, “wherein the second region comprises a second material” (Liu [0075] discloses that the phase mask 202 may include any number of segments (i.e. beyond a first and second region) formed from any combination of materials in any pattern, therefore, the second region comprising a second material is covered by Liu where the second region can be constructed by a first and second material).
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 Liu and incorporate wherein the second region comprises a second material as suggested by Liu for the advantage of achieving the ability to selectively adjust the phase of regions within the phase mask to reshape the point spread function (PSF) of an image of the sample (i.e. providing a tight PSF for high resolution for images) (Liu [0075]).
Regarding claim 8, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches the system wherein at least one of the first region of the at least one of the first phase mask or the second phase mask or the second region of the at least one of the first phase mask or the second phase mask comprises one or more birefringent materials (Liu [0128] and fig. 1B discloses that the polarization-controlling optical elements [which form the CDER 104 in fig. 1B, first phase mask] comprises a segmented waveplate with multiple segments [i.e. first and second regions], which may be formed by birefringent materials).
Regarding claim 11, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches the system further comprising a polarizing optical element (Liu [0050] fig. 1B discloses a linear polarizer 108 [polarizing optical element]) to: polarize, prior to interaction with at least one of the first phase mask or the second phase mask, the light interacting with the at least one of the first phase mask or the second phase mask, or polarize, after interaction with the at least one of the first phase mask or the second phase mask, at least one of the first portion of the light or the second portion of the light (Liu fig. 1B shows the linear polarizer 108 appearing after the phase mask 202 in the CDER 104; [0051] discloses that the linear polarizer 108 is formed as a polarizing beam splitter [polarize after interaction with the first phase mask]; the first limitation is not addressed due to the “or” statement).
Regarding claim 12, Liu when modified by Unlu discloses the sample inspection system of claim 11, and Liu further teaches the system wherein the polarizing optical element comprises at least one of: a linear polarizer (Liu [0050] discloses that the polarizer 108 is a linear polarizer; the remaining choices for the polarizing optical element are not considered here due to the “or” statement).
Regarding claim 13, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Unlu further teaches the system wherein one of the first phase mask or the second phase mask is positioned at a pupil plane of the illumination subsystem or a pupil plane of the collection subsystem (Liu fig. 1B and [0064] disclose the CDER 104 [which comprises the first phase mask 202] which is included within a collection pathway 124; the CDER 104 is located at or near the pupil plane 130 [pupil plane of the collection subsystem]).
Regarding claim 16, Liu when modified by Unlu discloses the sample inspection of claim 1, and further teaches the system wherein each of the first region and the second region of at least one of the first phase mask or the second phase mask comprises a plurality of spatially separated portions (Liu [0075] discloses that the phase mask [i.e. first phase mask] may include any number of segments formed from any combination of materials in any pattern across the pupil plane 130 shown in fig. 1B; therefore the first and second regions may have any number of segments along the pupil plane 130 – since any number of segments in any pattern are across the pupil plane 130, the first region and second region comprise a plurality of spatially separated portions).
Regarding claim 17, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches the system further comprising: a processing device configured to determine, using the one or more signals, the one or more characteristics of the sample (Liu [0121] discloses that the particle detection system 100 includes a controller 134 which has one or more processors 136; the controller 134 receives, analyzes, and/or processes data from the detector 110 [i.e. associated with the image of the sample] – receiving/analyzing/processing data from the detector related to an image of the sample is equivalent to determining the one or more characteristics of the sample; claim 1 recites the characteristics of the sample related to capturing an image and identify wavelengths of the sample light).
Regarding claim 18, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches the system wherein the second region of at least one of the first phase mask or the second phase mask is to rotate polarization of the second portion of the light relative to the first portion of the light (Liu [0072] and fig. 2 discloses the first phase mask 202 which is comprised of first region 204 and 206 where the first region 204 is comprised of the half wave plate; the half-wave plate rotates the polarization of the first portion of the light relative to the second portion – it is also true to say the polarization of the second portion of the light is rotated relative to the first portion of the light, depending on one’s frame of reference; also, as noted in claim 1, either region 204 or 206 may be termed as the first region or the second region, so that the segment 204 in this instance may be termed as the “second region” and fulfills the relative polarization rotation between the regions 204 and 206).
Regarding claim 21, Liu discloses a method to perform an optical inspection of a sample (Liu [0039] discloses methods for particle detection via imaging of a sample [optical inspection of a sample]), the method comprising:
generating a source light (Liu [0053] and fig. 1B shows an illumination source 112 which generates an illumination beam 114 [generating a source light]);
illuminating the sample using the source light (Liu [0053] and fig. 1B show the illumination beam 114 directed along illumination pathway 116 to the sample);
collecting light generated upon interaction of the source light with the sample (Liu [0061] discloses a collection pathway 124 where an objective lens 126 collects at least a portion of the sample light 122 [the sample light 122 being light generated upon interaction of the source light with the sample]);
directing at least a part of the collected light to a phase mask (Liu fig. 2 shows a phase mask 202; fig. 1B shows light collected by the objective lens 126 feeding into a [0064] continuous degenerate elliptical retarder 104 (CDER – see [0014]); [0108] discloses that the CDER 104 comprises the phase mask 202 (though not shown in the figs.), and therefore the phase mask 202 is within the collection pathway 124 [positioned to interact with the collected light]), wherein the phase mask comprises at least:
a first region to engage a first portion of light interacting with a respective phase mask (Liu [0072] and fig. 2 disclose the phase mask 202 with a first segment 204 [first region]; fig. 1B shows the CDER 104 comprising phase mask 202 – including the first portion 204 – is disposed along the collection pathway 124 [the first region interacts with at least a first portion of light]; here, “a respective phase mask” is considered as the phase mask 202 itself – the light is interacting with the phase mask itself), and a second region to (i) engage a second portion of the light interacting with the respective phase mask and (ii) phase shift the second portion relative to the first portion (Liu [0072] and fig. 2 disclose the phase mask 202 has a second segment 206; as above, the phase mask 202 (including the second portion) is disposed along collection pathway 124 [the second region interacts with at least a second portion of light i.e. the portion of light which hasn’t engaged with the first portion]; the segment 204 [first portion] is formed from a half-wave plate and the segment 206 [second portion] does not rotate the polarization of the light, therefore the second region phase-shifts the second portion relative to the first portion; one of ordinary skill recognizes that waveplates are used to phase shift light (fig. 2 shows a phase shift in the exponential function eiπ); examiner notes that either region 204 or 206 may be termed as the “first region” or “second region” – the claim is satisfied so long as there is a relative phase-shift between the light exiting the first region and the second region, which has been shown; as with the preceding limitation, “the respective phase mask” is considered as the phase mask 202 itself – the light is interacting with the phase mask itself), and wherein the plurality of phase masks comprises:
a phase mask positioned within an optical path of the scattered part of the light generated upon interaction of the incident light with the sample (Liu fig. 2 shows the CDER 104 [which comprises the phase mask 202] in the path of scattered light from the sample 106 (see [0062 – the objective 126 does not collect specularly reflected light in certain embodiments]);
directing the collected light to a light detection sensor to generate one or more signals (Liu [0063] and fig. 1B discloses at least one detector 110 which appears on the side of the collection pathway 124 after interaction with the CDER 104; the detector 110 may be a multi-pixel detector [generate one or more signals]), and
determining, using the one or more signals, one or more characteristics of the sample (Liu [0063] discloses that the detectors 110 are multi-pixel detectors as indicated above, and are used to capture an image of the sample [characteristics of the sample]; the detector 110 may also be a spectroscopic detector to identify wavelengths of the sample light 122 [characteristics of the sample based on wavelengths of light after interacting with the sample]).
Liu is silent to directing at least a part of the collected light to a plurality of phase masks, wherein each phase mask of the plurality of phase masks comprises a first region to engage a first portion of light interacting with a respective phase mask of the plurality of phase masks, a second region to engage a second portion of light interacting with the respective phase mask; and wherein the plurality of phase masks comprises: a first phase mask positioned within an optical path of a reflected part of the collected light, and a second phase mask.
However, Unlu does address this limitation. Liu and Unlu are considered to be analogous to the present invention because they are both optical systems which utilize phase masks within single particle detection and imaging systems.
Unlu discloses “directing at least a part of the collected light to a plurality of phase masks, wherein each phase mask of the plurality of phase masks comprises a first region to engage a first portion of light interacting with a respective phase mask of the plurality of phase masks, a second region to engage a second portion of light interacting with the respective phase mask” (Unlu fig. 2 and [0043]-[0044] disclose a multi arm detection system comprising an illumination arm from light source 222 and two detectors 232, 242; there are a plurality of masks 224, 236, and 246 [plurality of phase masks]; [0012] discloses that at least one phase mask contains two or more concentric regions, i.e. a bullseye shape top left of fig. 2 [the phase mask has a first region and a second region – given the plurality of phase masks within Unlu, it would be obvious to one of ordinary skill for each phase mask to have this characteristic), “and wherein the plurality of phase masks comprises:
a first phase mask positioned within an optical path of a reflected part of the collected light, and a second phase mask” (Unlu [0046] discloses a plurality of phase masks where masks 236 and 246 are positioned along collection arms and are positioned to capture components of reflected [and scattered] light from the sample 100), “and
a second phase mask” (the other phase mask either 236 or 246 is considered the second phase mask depending on which was considered the first phase mask)
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 Liu to incorporate directing at least a part of the collected light to a plurality of phase masks, wherein each phase mask of the plurality of phase masks comprises a first region to engage a first portion of light interacting with a respective phase mask of the plurality of phase masks, a second region to engage a second portion of light interacting with the respective phase mask; and wherein the plurality of phase masks comprises: a first phase mask positioned within an optical path of a reflected part of the collected light, and a second phase mask as suggested by Unlu for the advantage of enabling the amplitude (and phase) of light along the collection paths to be adjusted as desired by an operator, for example minimizing the amplitude of reference illumination in a central region of the phase mask for better imaging of the sample (Unlu [0012]-[0013]).
Regarding claim 22, Liu when modified by Unlu discloses the method of claim 21. Liu is silent to the method of claim 21, the method further comprising: prior to illuminating the sample using the source light, directing the source light to a third phase mask of the plurality of phase masks.
However, Unlu does address this limitation.
Unlu discloses the method of claim 21, “the method further comprising: prior to illuminating the sample using the source light, directing the source light to a third phase mask of the plurality of phase masks” (Unlu fig. 2 and [0043] discloses that the illumination path from illumination source 222 comprises one or more illumination masks 224 [third phase mask], shown as positioned in the optical path of the incident light; this light is directed first to the mask 224 before being illuminated to the sample).
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 Liu to incorporate prior to illuminating the sample using the source light, directing the source light to a third phase mask of the plurality of phase masks as suggested by Unlu for the advantage of enabling the amplitude (and phase) of light along the illumination and/or colleciton paths to be adjusted as desired by an operator, for example minimizing the amplitude of reference illumination in a central region of the phase mask for better imaging of the sample (Unlu [0012]-[0013]).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Unlu, and further in view of US 2013/0141715 A1 by Yuta Urano et al. (“Urano”).
Regarding claim 9, Liu when modified by Unlu discloses the sample inspection system of claim 1. Liu when modified by Unlu is silent to the sample inspection system of claim 1, wherein at least one of the first phase mask or the second phase mask comprises at least one of: an acoustic modulator supporting a sound wave that causes the first portion of the light and the second portion of light to form the incident light that dynamically scans the sample, one or more segments made of a liquid crystal material, or a deformable mirror.
However, Urano does address this limitation. Liu, Unlu, and Urano are considered to be analogous to the present invention because they are in the same field of light-based sample inspection systems.
Urano discloses the sample inspection system of claim 1, “wherein at least one of the first phase mask or the second phase mask comprises at least one of: an acoustic modulator supporting a sound wave that causes the first portion of the light and the second portion of light to form the incident light that dynamically scans the sample, one or more segments made of a liquid crystal material, or a deformable mirror” (Urano [0143] and fig. 18 discloses a polarization modulation element 155 [analgous to the first phase mask of Liu] where the modulation element 155 comprises a liquid crystal element [one or more segments made of a liquid crystal material]).
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 Liu in view of Unlu to incorporate wherein at least one of the first phase mask or the second phase mask comprises one or more segments made of a liquid crystal material as suggested by Urano for the advantage of generating polarization states without the loss of illumination energy (Urano [0134]).
Regarding claim 10, Liu when modified by Unlu discloses the sample inspection system of claim 1, and Liu further teaches wherein at least one of (i) a first thickness of the at least one of the first region of the first phase mask or the second phase mask or (ii) a first voltage applied to the first region of the at least one of the first phase mask or the second phase mask is different from a corresponding one of (i) a second thickness of the second region of the at least one of the first phase mask or the second phase mask or (ii) a second voltage applied to the second region of the at least one of the first phase mask or the second phase mask (Liu [0086] discloses that the CDER 104 may be formed from two polarization rotators 402; the CDER 104 is shown along the pupil plane 130 in fig. 1B; [0099] discloses that the polarization rotator 402 includes a phase compensator 410 which has a spatially-varying thickness across the pupil plane 130 [along which the phase mask 202 sits as well; given that the CDER is formed by a phase compensator 410 that has a spatially varying thickness across the pupil plane, one of ordinary skill in the art would consider obvious the first and second regions of the phase mask having thicknesses that are different from one another).
Liu when modified by Unlu is silent to the sample inspection system of claim 1, wherein at least one of the first phase mask or the second phase mask comprises an electro-optic modulator.
However, Urano does address this limitation.
Urano discloses the sample inspection system of claim 1, “wherein at least one of the first phase mask or the second phase mask comprises an electro-optic modulator” (Urano [0134] and fig. 18 discloses the polarization modulation element 155 [equivalent to the first phase mask of Liu] where the modulation element 155 comprises an electro-optic modulator).
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 Liu in view of Unlu to incorporate wherein at least one of the first phase mask or the second phase mask comprises an electro-optic modulator as suggested by Urano for the advantage of generating polarization states without the loss of illumination energy (Urano [0134]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Unlu, and further in view of US 2024/0159520 A1 by Toshifumi Honda et al. (“Honda”).
Regarding claim 14, Liu when modified by Unlu discloses the sample inspection system of claim 1. Liu when modified by Unlu is silent to the sample inspection system of claim 1, wherein at least one of the first phase mask or the second phase mask attenuates at least a fraction of (i) the first portion of the light or (ii) a second portion of the light.
However, Honda does address this limitation. Liu, Unlu, and Honda are considered to be analogous to the present invention because they are in the same field of light-based sample inspection systems.
Honda discloses the sample inspection system of claim 1, “wherein at least one of the first phase mask or the second phase mask attenuates at least a fraction of (i) the first portion of the light or (ii) a second portion of the light” (Honda [0066]-[0067] and fig. 4 discloses an attenuator 32 which is part of a dark field illumination optical system 3 and attenuates light intensity of an illumination source where the attenuator is constructed by at least a half-wave plate [analogous to the first phase mask 202 of Liu]; in this case given the location of the phase mask of Liu, the attenuation would occur for at least the first portion of the light [which passes through the first region of the phase mask 202]).
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 Liu in view of Unlu to incorporate wherein at least one of the first phase mask or the second phase mask attenuates at least a fraction of (i) the first portion of the light or (ii) a second portion of the light as suggested by Honda for the advantage of attenuating the light intensity of the illumination light for any arbitrary or desired ratio by adjusting the angle of the half-wave plate (Honda [0067]).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of US 2024/0159520 A1 by Toshifumi Honda et al. (“Honda”).
Regarding claim 19, Liu discloses a method to perform an optical inspection of a sample (Liu [0039] discloses methods for particle detection via imaging of a sample [optical inspection of a sample]), the method comprising:
generating a source light (Liu [0053] and fig. 1B shows an illumination source 112 which generates an illumination beam 114 [generating a source light]);
directing light to a first phase mask (Liu fig. 2 shows a phase mask 202; fig. 1B shows light directed to a continuous degenerate elliptical retarder 104 (CDER – see [0014]); [0108] discloses that the CDER 104 comprises the phase mask 202; light is seen being directed through the first phase mask within fig. 1B), wherein the first phase mask comprises:
a first region to interact with a first portion of the light (Liu [0072] and fig. 2 disclose the phase mask 202 with a first segment 204 [first region]; fig. 1B shows the CDER 104 comprising phase mask 202 – including the first portion 204 – interacting with light as the light is directed through the phase mask 202 [first region interacts with a first portion of the light]), and
a second region to (i) interact with a second portion of the light and (ii) phase-shift the second portion of the light relative to the first portion of the light (Liu [0072] and fig. 2 disclose the phase mask 202 has a second segment 206; as above, the phase mask 202 – including the second portion 206 – is shown interacting with light as the light is directed through the first phase mask 202; the segment 204 [first portion] is formed from a half-wave plate and the segment 206 [second portion] does not rotate the polarization of the light, therefore the second region phase-shifts the second portion relative to the first portion; one of ordinary skill recognizes that waveplates are used to phase shift light (fig. 2 shows a phase shift in the exponential function eiπ); examiner notes that either region 204 or 206 may be termed as the “first region” or “second region” – the claim is satisfied so long as there is a relative phase-shift between the light exiting the first region and the second region, which has been shown);
illuminating the sample using the source light (Liu [0053] and fig. 1B show the illumination beam 114 directed along illumination pathway 116 to the sample);
collecting a light generated upon interaction of the source light with the sample (Liu [0061] discloses an objective lens 126 which collects at least a portion of the sample light 122 [the sample light 122 being the light generated upon interaction of the source light with the sample]);
directing the collected light to a light detection sensor to generate one or more signals (Liu [0063] and fig. 1B discloses at least one detector 110; the light after being incident on the sample is collected by objective lens 126, and directed to the detector; the detector 110 may be a multi-pixel detector [generate one or more signals]);
determining, using the one or more signals, one or more characteristics of the sample (Liu [0063] discloses that the detectors 110 are multi-pixel detectors as indicated above, and are used to capture an image of the sample [characteristics of the sample]; the detector 110 may also be a spectroscopic detector to identify wavelengths of the sample light 122 [characteristics of the sample based on wavelengths of light after interacting with the sample]).
Liu is silent to a method comprising: directing the source light to a first phase mask, wherein the first phase mask comprises: a first region to interact with a portion of the source light, and a second region to (i) interact with a second portion of the source light and (ii) phase-shift the second portion of the source light relative to the first portion of the source light.
However, Honda does address this limitation. Liu and Honda are considered to be analogous to the present invention because they are in the same field of light-based sample inspection systems.
Honda discloses “a method comprising: directing the source light to a first phase mask” (Honda [0074] and fig. 1 show a polarization control unit 35 comprised of at least a half-wave plate 35 (analogous to that of the phase mask 202 of Liu); this polarization control unit 35 is arranged within an optical path of the incident light [incident light here being light directly from the laser source 31), “wherein the first phase mask comprises: a first region to interact with a portion of the source light, and a second region to (i) interact with a second portion of the source light and (ii) phase-shift the second portion of the source light relative to the first portion of the source light” (the characteristics of the phase mask 202 of Liu are applicable within the modification of Liu in view of Honda; Honda suggests the phase mask 202 having light directed to it directly from the illumination source, but all other features of the phase mask 202 are consistent).
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 Liu to incorporate directing the source light to a first phase mask, wherein the first phase mask comprises: a first region to interact with a portion of the source light, and a second region to (i) interact with a second portion of the source light and (ii) phase-shift the second portion of the source light relative to the first portion of the source light as suggested by Honda for the advantage of manipulating the phase and/or polarization of light within an incident/illumination arm of the invention, as desired by an operator.
Regarding claim 20, Liu when modified by Honda discloses the method of claim 19, and Liu further teaches the method further comprising: directing the collected light to a phase mask (Liu fig. 1B and [0108] discloses that the CDER 104 which comprises the phase mask 202 is within the collection pathway [i.e. receives collected light from the objective 126 to the phase mask]).
Liu is silent to the method of claim 19, further comprising: directing the collected light to a second phase mask.
However, Honda does address this limitation.
Honda discloses the method of claim 19, further comprising: directing the collected light to a second phase mask” (Honda has disclosed a first phase mask equivalent in the polarization control unit 35 on the incident side; [0111] discloses on the light collection side another half-wave plate 92 (analogous to that of the phase mask 202 of Liu); the nomenclature of “first” and “second” in this context are satisfied due to the presence of two phase mask equivalents).
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 Liu to incorporate directing the collected light to a second phase mask as suggested by Honda for the advantage of manipulating the phase and/or polarization of light of light in both collection and incident arms of the invention, as desired by an operator.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Unlu, and further in view of US 2017/0276613 A1 by Sheng Liu and Guoheng Zhao (“Zhao”).
Regarding claim 15, Liu when modified by Unlu discloses the sample inspection system of claim 1. Liu when modified by Unlu is silent to the sample inspection system of claim 1, further comprising: an actuator configured to perform at least one of: repositioning of the at least one of the first phase mask or the second phase mask, replacement of the at least one of the first phase mask or the second phase mask with a different phase mask, or removal of the at least one of the first phase mask or the second phase mask from the optical path of the at least one of the incident light or collected light.
However, Zhao does address this limitation. Liu, Unlu, and Zhao are considered to be analogous to the present invention because they are in the same field of light-based sample inspection systems.
Zhao discloses the sample inspection system of claim 1, “further comprising: an actuator configured to perform at least one of: repositioning of the at least one of the first phase mask or the second phase mask” (Zhao fig. 7 shows a similar sample inspection device to that of Liu with a plurality of components arranged along a collection path up to an image sensor 718 ([0091]); [0126] discloses motor mechanisms [i.e. a band actuator and motor], where these motor mechanisms may be configured to move other components of the inspection system including collection mirrors, apertures, polarizers, analyzers, waveplates, etc.; the first phase mask 202 of Liu is comprised of a half-wave plate, and therefore the actuator of Zhao covers repositioning the first phase mask; the remaining limitations are not considered due to the “at least one of” statement).
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 Liu in view of Unlu to incorporate an actuator configured to perform at least one of: repositioning of the at least one of the first phase mask or the second phase mask as suggested by Zhao for the advantage of optimizing the position of the first phase mask as needed for different iterations of the illumination and collection subsystems.
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 JOSHUA M CARLSON whose telephone number is (571)270-0065. The examiner can normally be reached Mon-Fri. 8:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R Chowdhury can be reached at (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA M CARLSON/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877