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 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. Such claim limitation(s) is/are: “interfering light formation part”, in claims 1, 6; “detection part”, in claims 1, 6; “fixed reflection part”, in claims 1, 6, 11, 15;”movable reflection part”, in claims 1, 6, 11, 15; “a moving part”, in claims 1, 6, 15; “a first reflection surface”, in claims 1, 6, 11, 15; “a second reflection surface”, in claims 1, 6, 11, 15; “a third reflection surface”, in claims 1, 6, 11, 15; “a fourth reflection surface”, in claims 1, 6, 11, 15; “an incident parallel light formation part”, in claims 2, 12; “a light collection part”, in claims 2, 8, 12, 17; “a light-traveling direction change member”, in claims 4, 14; “incident part”, in claims 6, 15; “outgoing part”, in claims 6, 15.
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.
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 –
Claims 1-4, 11-12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mortada et al. (US 2014/0192365 A1 included in IDS on 02/25/2024), hereafter Mortada.
Regarding claim 1, Mortada teaches a spectroscopic analysis device (Figs. 1, 17A-B, 18, [0010]) comprising:
a light supply part (Fig. 17A element 110) ;
an interfering light formation part (Fig. 14 element 10) that forms interfering light (Fig. 14 elements 34 + 36) from supplied light (Fig. 14 element 20) supplied from the light supply part (Fig. 17 element 110), [0072, 0074], ; and
a detection part (Fig. 14 element 610) that detects light intensity of the interfering light formed by the interfering light formation part, [0073, 0076], (as shown in Figs. 24A-C)
wherein the interfering light formation part (10) includes
a fixed reflection part (Fig. 14 element 60) whose movement is fixed, [0041],
a movable reflection part (Fig. 14 element 50) provided to be movable along a base plane (as shown in Fig. 14 indicated by the vector of element 50) parallel to an optical axis of the supplied light supplied from the light supply part, ( as shown in annotated Fig. 14 below a portion of the light 20 supplied by element 110 {fig. 17}, is parallel to an optical axis as it reflected from element 38a), and
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a moving part (MEMS actuator), that moves and fixes the movable reflection part (50) along the base plane, [0073]
the fixed reflection part (Fig. 14 element 60) includes
a first reflection surface (as shown in annotated Fig. 14) that reflects the supplied light (Fig. 14 element 20) supplied from the light supply part, (as shown in annotated Fig. 14 below) and
a second reflection surface (as shown in annotated Fig. 14) provided to be plane-symmetrical with the first reflection surface with respect to the base plane and to be orthogonal to the first reflection surface, (as shown in annotated Fig. 14 first and second reflecting surface are plane symmetrical to the base plane indicated in annotated fig. 14), and
the movable reflection part (Fig. 14 element 50) includes
a third reflection surface and a fourth reflection surface (annotated Fig. 14 indicate the third and fourth reflection surface) parallel to the first reflection surface and the second reflection surface of the fixed reflection part (Fig. 14 element 60), respectively, (as shown in annotated fig. 14, the third and fourth reflection surfaces are respectively parallel to the first and the second surface, “first to third and second to fourth”, [0072-0074]).
Regarding claim 2, Mortada teaches spectroscopic analysis device according to claim 1.
Mortada further teaches wherein the interfering light formation part includes: an incident parallel light formation part that collimates the supplied light supplied from the light supply part as parallel light; and/or a light collection part (Fig. 14 element 70, [0073]) that collects light, [0068] reflected at the second reflection surface of the fixed reflection part (light beam 36 is reflected from the first and second reflection surface) and the fourth reflection surface of the movable reflection part (light beam 34 is reflected from the third and fourth reflection surface) and causes the collected light to enter the detection part (Fig. 14 element 610), [0068, 0074]).
Regarding claim 3, Mortada teaches spectroscopic analysis device according to claim 2.
Mortada further teaches wherein the light supply part has a diffraction grating, the incident parallel light formation part includes a lens having a focal point at a position of the diffraction grating, and/or the light collection part (Fig. 14 element 70) includes a lens (Fig. 6 element 70A, “convex lens”, [0058]) having a focal point at a position of a detection surface of the detection part, (Figs. 6 and 14 element 610), [0058, 0073]).
Regarding claim 4, Mortada teaches spectroscopic analysis device according to claim 2.
Mortada further teaches wherein the light collection part (Fig. 14 element 70) includes a light-traveling direction change member (Fig. 6 element 70A “parabolic mirror”, [0058]) that changes a traveling direction of light reflected at the second reflection surface of the fixed reflection part and the fourth reflection surface of the movable reflection part, (the light beam 36 reflected from the first and second reflection surface and light beam 34 reflected from the third and fourth reflection surface change direction as interacting with element 70a as shown in Fig. 6, [0058, 0073]).
Regarding claim 11, Mortada teaches an interfering light formation mechanism (Figs. 14, 17A-B and 18) that forms an interference image by dividing incident supplied light, [0010], the interfering light formation mechanism (Fig. 14 element 10) comprising:
a fixed reflection part (Fig. 1 element 60) whose movement is fixed, [0041]; and
a movable reflection part (Fig. 14 element 50) provided to be movable relative to the fixed reflection part (60) in parallel to a base plane, (as shown in annotated Fig. 14 above), wherein
the fixed reflection part (60) includes
a first reflection surface (as shown in annotated Fig. 14) that reflects the supplied light (Fig. 14 element 20) and
a second reflection surface (as shown in annotated Fig. 14) provided to be plane-symmetrical with the first reflection surface with respect to the base plane and to be orthogonal to the first reflection surface, (as shown in annotated Fig. 14 first and second reflecting surface are plane symmetrical to the base plane indicated in annotated fig. 14), and
the movable reflection part (50) includes
a third reflection surface and a fourth reflection surface (annotated Fig. 14 indicate the third and fourth reflection surface) parallel to the first reflection surface and the second reflection surface of the fixed reflection part (Fig. 14 element 60), respectively, (as shown in annotated fig. 14, the third and fourth reflection surfaces are respectively parallel to the first and the second surface, “first to third and second to fourth”, [0072-0074]).
Regarding claim 12, Mortada teaches the interfering light formation mechanism according to claim 11.
Mortada further teaches comprising: an incident parallel light formation part that collimates the supplied light supplied from the light supply part as parallel light; and/or a light collection part (Fig. 14 element 70, [0073]) that collects light, [0068] reflected at the second reflection surface of the fixed reflection part (light beam 36 is reflected from the first and second reflection surface) and the fourth reflection surface of the movable reflection part (light beam 34 is reflected from the third and fourth reflection surface).
Regarding claim 14, Mortada teaches the interfering light formation mechanism according to claim 12.
Mortada further teaches wherein the light collection part includes a light-traveling direction change member (Fig. 6 element 70A “parabolic mirror”, [0058]) that changes a traveling direction of light reflected at the second reflection surface of the fixed reflection part and the fourth reflection surface of the movable reflection part, (the light beam 36 reflected from the first and second reflection surface and light beam 34 reflected from the third and fourth reflection surface change direction as interacting with element 70a as shown in Fig. 6, [0058, 0073]).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Mortada, in view of Han et al. (US 2019/0285475 A1, included in IDS on 02/25/2024), hereafter Han.
Regarding claim 5, Mortada teaches spectroscopic analysis device according to claim 4.
Mortada further teaches wherein the light collection part (Fig. 14 element 70) includes a lens (Fig. 6 element 70A, “convex lens”, [0058]) having a focal point at a position of the detection surface of the detection part (Figs. 6 and 14 element 610), [0058, 0073]), and the light-traveling direction change member is a reflecting mirror, (Fig. 6 element 70A “parabolic mirror”, [0058]).
Mortada fail to teach the light-traveling direction change member is a reflecting mirror having a reflection surface that reflects light collected by the lens, the reflecting mirror being provided between the lens and the detection surface of the detection part.
However, Han related to interferometric devices and thus from the same field of endeavor teaches the light-traveling direction change member (Fig. 2 element 215) is a reflecting mirror having a reflection surface that reflects light collected by the lens (212 + 214, [0068, 0073], the reflecting mirror being provided between the lens (212 + 214) and the detection surface of the detection part, ( Fig. 2 element 216), (as shown in Fig. 2, [0057]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Mortada by including the light-traveling direction change member is a reflecting mirror having a reflection surface that reflects light collected by the lens, the reflecting mirror being provided between the lens and the detection surface of the detection part (as taught by Han) for several advantages such as: the lenses allow to expand the light beam to fill the required field of view or focus the light for better image formation on the detector thus increase the accuracy of the device. Also mirrors allow to control the path of light thus arranging optical components compactly as reducing the size of the device.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Mortada, in view of Ishimura et al. (US 2015/0268097 A1), hereafter Ishimura.
Regarding claim 13, Mortada teaches the interfering light formation mechanism according to claim 12.
Mortada fail to teach wherein the incident parallel light formation part includes a diffraction grating to be irradiated with the supplied light and a lens having a focal point at a position of the diffraction grating.
However, Ishimaru related to optical measuring devices and thus from the same field of endeavor teaches wherein the incident parallel light formation part (Fig. 11 element 11) includes a diffraction grating (Fig. 11 element 22) to be irradiated with the supplied light and a lens (Fig. 11 element 21) having a focal point at a position of the diffraction grating, [0076-0077].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Mortada by wherein the incident parallel light formation part includes a diffraction grating to be irradiated with the supplied light and a lens having a focal point at a position of the diffraction grating (as taught by Ishimaru) for several advantages such as: transmissive diffraction grating having a sawtooth diffraction plane allow to provide a periodic phase difference thus concentrates most of the diffracted light into a specific, desired diffraction order that increase the efficiency of the device, ([0077], Ishimura).
Allowable Subject Matter
Claims 6-10 and 15-18 are allowed.
Regarding Claim 6, the prior art of record, taken either alone or in combination, fails to disclose, teach, or suggest or render obvious “A spectroscopic analysis device comprising: a light supply part; an interfering light formation part that forms interfering light using entirety of supplied light supplied from the light supply part; and a detection part that detects light intensity of the interfering light formed by the interfering light formation part, wherein the interfering light formation part includes a first reflection part and a second reflection part having reflection surfaces facing each other, the second reflection part includes a fixed reflection part whose movement is fixed with respect to the first reflection part, a movable reflection part provided to be movable with respect to the first reflection part along a base plane orthogonal to an optical axis of the supplied light, and a moving part that moves and fixes the movable reflection part along the base plane, the first reflection part includes: an incident part that has one incident reflection surface that reflects the supplied light supplied from the light supply part and uses the one incident reflection surface to allow entirety of the supplied light to be incident on the second reflection part as incident light that is parallel light; and an outgoing part that has an outgoing reflection surface provided plane-symmetrically with the incident reflection surface of the incident part with respect to a symmetry plane parallel to the base plane and emits reflected light supplied from the second reflection part as interfering reflected light toward the detection part, the fixed reflection part and the movable reflective part of the second reflection part are provided so as to face the one incident reflection surface of the first reflection part, the fixed reflection part of the second reflection part includes a first reflection surface and a second reflection surface provided plane-symmetrically with respect to the symmetry plane, the first reflection surface is provided so as to face the incident reflection surface of the incident part of the first reflection part and to allow a part of the incident light to be incident thereon and reflect the incident light so that the incident light becomes first reflected light whose optical axis is parallel to the optical axis of the supplied light, the second reflection surface is provided so as to face the outgoing reflection surface of the outgoing part of the first reflection part and to allow the first reflected light to be incident thereon and reflect the first reflected light so that the first reflected light becomes second reflected light whose optical axis forms an angle with the base plane, the angle being same as an angle formed between the optical axis of the incident light and the symmetry plane, the movable reflection part of the second reflection part includes a third reflection surface and a fourth reflection surface parallel to the first reflection surface and the second reflection surface of the fixed reflection part, respectively, the third reflection surface is provided so as to face the incident surface of the incident part of the first reflection part and to allow a part of the incident light to be incident thereon and reflect the incident light so that the incident light becomes third reflected light whose optical axis is parallel to the optical axis of the supplied light, and the fourth reflection surface is provided so as to face the outgoing reflection surface of the outgoing part of the first reflection part and to allow the third reflected light to be incident thereon and reflect the third reflected light so that the third reflected light becomes fourth reflected light whose optical axis forms an angle with the base plane, the angle being same as an angle formed between the optical axis of the incident light and the symmetry plane”, in the combination required by the claim.
Regarding Claims 7-10 are directly/indirectly dependent on claim 6 and are allowable based on their dependencies.
Regarding Claims 15, the prior art of record, taken either alone or in combination, fails to disclose, teach, or suggest or render obvious “An interfering light formation mechanism that forms interfering light using entirety of incident supplied light, the interfering light formation mechanism comprising a first reflection part and a second reflection part having reflection surfaces facing each other, wherein the second reflection part includes a fixed reflection part whose movement is fixed with respect to the first reflection part, a movable reflection part provided to be movable with respect to the first reflection part along a base plane orthogonal to an optical axis of the supplied light, and a moving part that moves and fixes the movable reflection part along the base plane, the first reflection part has an incident part that has one incident reflection surface that reflects the incident supplied light and uses the one incident reflection surface to allow entirety of the supplied light to be incident on the second reflection part as incident light that is parallel light, and an outgoing part that has an outgoing reflection surface provided plane-symmetrically with the incident reflection surface of the incident part with respect to a symmetry plane parallel to the base plane and emits reflected light supplied from the second reflection part as interfering reflected light, the fixed reflection part and the movable reflection part of the second reflection part are provided so as to face the one incident reflection surface of the first reflection part, the fixed reflection part of the second reflection part includes a first reflection surface and a second reflection surface provided plane-symmetrically with respect to the symmetry plane, the first reflection surface is provided so as to face the incident reflection surface of the incident part of the first reflection part and to allow a part of the incident light to be incident thereon and reflect the incident light so that the incident light becomes first reflected light whose optical axis is parallel to the optical axis of the supplied light, the second reflection surface is provided so as to face the outgoing reflection surface of the outgoing part of the first reflection part and to allow the first reflected light to be incident thereon and reflect the first reflected light so that the first reflected light becomes second reflected light whose optical axis forms an angle with the base plane, the angle being same as an angle formed between the optical axis of the incident light and the symmetry plane, the movable reflection part of the second reflection part includes a third reflection surface and a fourth reflection surface parallel to the first reflection surface and the second reflection surface of the fixed reflection part, respectively, the third reflection surface is provided so as to face the incident surface of the first reflection part and to allow a part of the incident light to be incident thereon and reflect the incident light so that the incident light becomes third reflected light whose optical axis is parallel to the optical axis of the supplied light, and the fourth reflection surface is provided so as to face the outgoing reflection surface of the first reflection part and to allow the third reflected light to be incident thereon and reflect the third reflected light so that the third reflected light becomes fourth reflected light whose optical axis forms an angle with the symmetry plane, the angle being same as an angle formed between the optical axis of the incident light and the symmetry plane.”, in the combination required by the claim.
Regarding Claims 16-18 are directly/indirectly dependent on claim 15 and are allowable based on their dependencies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Susuki et al. (US 2018/0120156 A1) discloses an interference optical system that include a second movable mirror, a second fixed mirror, and an optical block and constitutes a Michelson interference optical system. Detection light is incident on the second interference optical system through a detection light incident portion, and interference light of the detection light is emitted from the second interference optical system through a detection light emitting portion 9. The detection light is, for example, a laser beam and is output from a laser light source such as a semiconductor laser prepared outside the optical module. The detection light incident portion and the detection light emitting portion are, for example, optical fibers and are fixed to the frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS G PEREZ-GUZMAN whose telephone number is (571)272-3904. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur 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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/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
/CARLOS PEREZ-GUZMAN/ Examiner, Art Unit 2877