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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu (20160183782).
Referring to claim 15, Yu shows a method of scanning a focus of an optical measurement apparatus (see figure 1 and 2), the method comprising:
generating and emitting source electromagnetic radiation (see figure 1 Ref 132);
directing the electromagnetic radiation so as to provide an internal virtual point source using an intermediate lens (see the reduction lens and the focal plane Ref 170 and 122);
scanning the internal virtual point source (see paragraph 25 and 40);
monitoring a position of the intermediate lens (see paragraph 25 note the selectively positioned reduction lens makes it inherent that the position in monitored); and
statically focusing the divergent electromagnetic radiation to an output focus (see the focusing of the output relative to the static position of the object 110 relative to the visualization system as shown in paragraph 37-38).
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) 1-6, 9, 11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaver (20070091266) in view of Yu (20160183782).
Referring to claims 1 and 13, Shaver shows an optical measurement apparatus (see figure 1) comprising:
a point source of electromagnetic radiation (see figure 1 Ref 14);
an optical input arrangement comprising a static input lens (see figure 1 Ref 18);
an optical output arrangement comprising a static output lens (see paragraph 21);
an optical path extending from the point source of electromagnetic radiation to an output surface of the optical output arrangement (see figure 1 note the output of the light to the target Ref 12);
an intermediate lens (see figure 1 Ref 20;
a scanning mechanism configured to carry the intermediate lens (see figure 2 Ref 22 and 32); and
a position measurement system operably coupled to the scanning mechanism and configured to measure a position of the intermediate lens (see figure 2 Ref 29); wherein
the optical input arrangement, the intermediate lens and the optical output arrangement are disposed in the optical path (see figure 1 note the lens Ref 20 is placed in the optical output);
the intermediate lens and the scanning mechanism are disposed between the optical input arrangement and the optical output arrangement (see figure 1 note the location of Ref 20); and
the scanning mechanism is configured to scan positionally linearly the intermediate lens (see paragraph 29). However Shaver fails to show an intermediate lens is configured to provide when in use an internal virtual point source of electromagnetic radiation,
and a scanning mechanism configured to carry the intermediate lens and configured to scan the internal virtual point source of electromagnetic radiation relative to the output arrangement.
Yu shows a similar device that includes an intermediate lens is configured to provide when in use an internal virtual point source of electromagnetic radiation (see figure 1 and 1 note the reduction lens Ref 170 that creates a virtual point source when in place shown in figure 1 Ref 152 and 122),
and a scanning mechanism configured to carry the intermediate lens and configured to scan the internal virtual point source of electromagnetic radiation relative to the output arrangement (see specifically paragraph 25 note the reduction lens 170 is configured to align the focus plan of the microscope with the intermediate image plane, also see paragraph 40, note the discussion of the scanning of the reduction lens).
It would have been obvious to include the intermediate lens that can create and scan a virtual point source as shown by Yu because this allows a user to appropriately view a target region of an object while maintaining a fixed distance between the optical measurement device and the target object as shown by Yu in paragraph 37-38).
Referring to claim 2, Shaver shows the scanning mechanism is configured to translate reciprocatably the intermediate lens (see paragraph 28-29).
Referring to claim 3, Shaver shows the optical input arrangement is an optical collimating arrangement (see paragraph 21).
Referring to claim 4, Shaver shows the scanning mechanism is configured to reciprocate at a frequency greater than 20 Hz (see paragraph 28).
Referring to claim 5, Shaver shows a source of electromagnetic radiation operable coupled to a first end of an optical fibre; wherein
the point source of electromagnetic radiation is a second end of the optical fibre (see paragraph 21).
Referring to claim 6, Shaver shows the intermediate lens is formed from a plastics material (see paragraph 24).
Referring to claim 11, Shaver shows the optical output arrangement comprises a plurality of optical elements, the plurality of optical elements being configured to provide a symmetric arrangement of the plurality of optical elements (see figure 1).
Referring to claim 9, Shaver renders obvious the scanning mechanism being configured to scan the intermediate lens over a range of up to about 10 mm (see paragraph 25).
Claim(s) 7, 8, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaver (20070091266) in view of Verker (20160045291).
Referring to claim 7, Shaver fails to show but Verker shows a processing resource configured to support a calibration module; and
a position encoder device operably coupled to the scanning mechanism to provide a measured position of the intermediate lens; wherein
the optical output arrangement is configured to generate an output focal point; and
the calibration module is configured to relate the measured position of the intermediate lens to a position of the output focal point (see figure 5b). It would have been obvious to include the calibration module and calibration procedure as shown by Verker because this allows for a change in calibration based on a change in magnification as shown by Verker (see paragraph 89).
Referring to claim 8, Shaver fails to show but Verker shows a lookup table comprising position data in respect of the scanning mechanism and output focal position data; wherein
the lookup table is configured to record a correspondence between the position data and output focal position data; and
the calibration module is configured to access the lookup table and extract an output focal position data entry by reference to a position data entry of the lookup table (see paragraph 103). It would have been obvious to include the lookup table as shown by Verker because this allows for calibration to look to past calibration procedures to save processing capability for situations that have already been accounted for.
Referring to claim 14, while Shaver fails to specifically show handheld capability, Verker shows a similar device that includes handheld capability (see paragraph 29 note the endoscoping probing member).
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaver (20070091266) in view of Schaack (6806899).
Referring to claim 10, Shaver fails to show but Schaack shows a first magnitude of a first focal length of the intermediate lens is less than a second magnitude of a second focal length of the optical input arrangement (see column 39 line 42-58). It would have been obvious for the change in focal length as claimed because this allows for magnification adjustment as shown by Schaack.
Referring to claim 11, Shaver fails to show but Schaack shows the optical output arrangement comprises a plurality of optical elements, the plurality of optical elements being configured to provide a symmetric arrangement of the plurality of optical elements (see column 40 lines 40-53). It would have been obvious to include the symmetric arrangement because this allows for minimization of the astigmatism of the lens as taught by Schaack.
Allowable Subject Matter
Claim 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUKE D RATCLIFFE whose telephone number is (571)272-3110. The examiner can normally be reached M-F 9:00AM-5:00PM EST.
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/LUKE D RATCLIFFE/Primary Examiner, Art Unit 3645
