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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 2, 4, 6, 8, 9, 11-13, 15, 16, 18, 20, 22, 23 and 25-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berg, US 2021/0302632 A1.
Regarding Claim 1, Berg discloses: An imaging system comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a plane configured to receive and hold a sample (top surface 22 of substrate 20 is configured to receive and hold coupling prism 40; paragraphs [0063], [0064] and FIGS. 1, 2 of Berg);
a light source oriented to illuminate the sample on the plane when the light source is activated (a light source system 60 includes a light-source emitter 61 that emits a measurement light beam 62 towards coupling prism 40; paragraphs [0065], [0069] and FIG. 1 of Berg); and
an imager oriented to image a sample on the plane when an image is captured by the imager (collection optical system 90 includes focusing lens 92 and optical filter apparatus 200, and photodetector system 130 includes a detector [camera] 110 with a photosensitive surface 112, and a frame grabber 120 which receives light from the coupling prism 40; paragraphs [0070]-[0072], [0075] and FIG. 1 of Berg);
the imager comprising: a sensor; a lens; and a filter wheel defining a plurality of filter apertures (photosensitive surface 112, focusing lens 92, and optical filter apparatus 200 which may comprise a filter wheel 230 having multiple apertures 216 having filter assemblies 300 therein; paragraphs [0077]-[0084] and FIGS. 1, 5A, 5B, 6 of Berg);
the plurality of apertures comprising: a first aperture containing a first filter having a first focal point shift and configured to pass light having a first color; and a second aperture containing a second filter having a second focal point shift and configured to pass light having a second color (the light source 61 may include white light, i.e., a combination of visible light wavelengths, and the different optical filter assemblies 300a, 300b, . . . 300m are configured to perform optical filtering at respective filter wavelengths λ.sub.a, λ.sub.b, λ.sub.c, . . . λ.sub.m having respective relatively narrow bandwidths δλ.sub.a, δλ.sub.b, δλ.sub.c, . . . δλ.sub.m of 2 nm for example, and in FIG. 5A, the focus-corrected optical filter apparatus 200 is positioned to perform optical filtering at the filter wavelength λ.sub.a by directing the focused reflected light beam 66 through the optical filter assembly 300a to form focused and filtered reflected light beam 68 having the filter wavelength λ.sub.a, and thus the multi-wavelength reflected measurement light beam 62R becomes substantially monochromatic [filtered] measurement light beam 68 of a select wavelength based on the filter through which the focused reflected light beam 66 passes; paragraphs [0033], [0067], [0079], [0080] and FIGS. 1, 3, 5A, 5B, 6 of Berg);
wherein light of the first color passing through the first filter and through the lens is focused on the sensor, and wherein light of the second color passing through the second filter and through the lens is focused on the sensor (FIGS. 5A, 5B of Berg show two different positions of filter wheel 230, i.e., in FIG. 5B, the filter wheel 230 has been rotated to a different position whereby filtered light beam 68(λ.sub.c) having the filter wavelength λ.sub.c is focused substantially at the image plane 94 [photosensitive surface 112] and thus substantially at the detector 100, e.g., to within the depth of focus of focusing lens 92, thereby substantially eliminating the chromatic aberration generated by the focusing lens, and the same focus-correcting effect occurs with the other optical filter assemblies 300 in the filter wheel 230; paragraphs [0084], [0109] and FIGS. 1, 5A, 5B, 6 of Berg).
Regarding Claim 2, Berg discloses the limitations of Claim 1 and further discloses: wherein the first filter has a first thickness and a first refractive index for light of the first color, and wherein the second filter has a second thickness and a second refractive index for light of the second color (the optical filter assemblies 300 necessarily each have a thickness and a refractive index because they are each a translucent physical material; paragraphs [0010], [0079] and FIGS. 5A, 5B, 6 of Berg).
Regarding Claim 4, Berg discloses the limitations of Claim 2 and further discloses: wherein the first thickness is the same as the second thickness, and wherein the first refractive index is different than the second refractive index (each optical filter assembly 300 may include an optical filter 220 and a corrector 320 having a different axial thickness “t” [and for one of the assemblies, may have no corrector 320, and thus t = zero], and correctors 320 can be made of different glasses having different refractive indices, but wherein at least one of the refractive index and the thickness is selected to cause a second focus position to reside substantially at a first focus position; paragraphs [0010], [0027], [0085], [0087], [0088], [0094]-[0099], [0103] and FIGS. 5A, 5B, 6, 8A, 8B of Berg).
Regarding Claim 6, Berg discloses the limitations of Claim 2 and further discloses: wherein the first thickness is different than the second thickness, and wherein the first refractive index is the same as the second refractive index (each optical filter assembly 300 may include an optical filter 220 and a corrector 320 having a different axial thickness “t” [and for one of the assemblies, may have no corrector 320, and thus t = zero], and correctors 320 can be made of different glasses having different refractive indices, but wherein at least one of the refractive index and the thickness is selected to cause a second focus position to reside substantially at a first focus position; paragraphs [0010], [0027], [0085], [0087], [0088], [0094]-[0099], [0103] and FIGS. 5A, 5B, 6, 8A, 8B of Berg).
Regarding Claim 8, Berg discloses the limitations of Claim 6 and further discloses: wherein the first filter comprises: a first absorbance filter; and a first dielectric filter (optical filter assembly 300 may comprise glass 321, wherein glass is a dielectric material, and also may comprise multilayer thin-film TF having multiple dielectric layers, and wherein either the glass or the thin-film will necessary absorb at least some light; paragraphs [0087], [0093] and FIGS. 6, 8A, 8B, 8C, 9A, 9B of Berg).
Regarding Claim 9, Berg discloses the limitations of Claim 8 and further discloses: wherein the first thickness of the first filter comprises a combined first absorbance filter thickness and first dielectric filter thickness, and wherein the second thickness of the second filter comprises a combined second absorbance filter thickness and second dielectric filter thickness (each of glass 321 and multilayer thin-film TF have a thickness, and are arranged side-by-side which results in a combined thickness; FIGS. 6, 8A, 8B, 8C, 9A, 9B of Berg).
Regarding Claim 11, Berg discloses the limitations of Claim 9 and further discloses: wherein the lens comprises an achromatic lens (an achromatic doublet lens may be used as the focusing lens 92, but the amount of chromatic aberration may still so large that it cannot be adequately corrected, and thus the use of filters [with correctors] having differing thicknesses and/or refractive indices to accomplish the correction; Abstract and paragraphs [0005], [0035], [0084], [0085] and FIGS. 5A, 7, 8A, 8B, 8C, 9A, 9B of Berg).
Regarding Claim 12, Berg discloses the limitations of Claim 9 and further discloses: wherein a position of the lens with respect to the sensor is fixed (Berg does not disclose any movement of the focusing lens 92 and such movement [for correction of focal length based on wavelength] would be unnecessary due the selection of refractive index and/or thickness of assemblies 300 to cause, e.g., a second focus position to reside substantially at a first focus position, even though the wavelengths of light are different; paragraphs [0010], [0027], [0079] and FIGS. 1, 5A, 5B, 8A, 8B of Berg).
Regarding Claim 13, Berg discloses the limitations of Claim 9 and further discloses: wherein the filter wheel is positioned between the lens and the sensor such that light passing through the lens passes through the filter wheel before arriving at the sensor (filter wheel 230 of optical filter apparatus 200 is positioned between focusing lens 92 and photosensitive surface 112 of detector/camera 110 such that light 62 passing through focusing lens 92 [now labeled “light 66”] passes through filter wheel 230 [now labeled “light 68”] before arriving at photosensitive surface 112; FIGS. 1, 5A, 5B of Berg).
Regarding Claim 15, Berg discloses: A method of imaging comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
placing a sample on a plane, wherein the plane is configured to be imaged by an imager (top surface 22 of substrate 20 is configured to receive and hold coupling prism 40, and a light source system 60 includes a light-source emitter 61 that emits a measurement light beam 62 towards coupling prism 40, wherein a collection optical system 90 includes focusing lens 92 and optical filter apparatus 200, and photodetector system 130 includes a detector [camera] 110 with a photosensitive surface 112, and a frame grabber 120 which receives light from the coupling prism 40; paragraphs [0063]-[0075] and FIGS. 1, 2 of Berg);
the imager comprising:
a filter wheel defining a plurality of filter apertures (optical filter apparatus 200 which may comprise a filter wheel 230 having multiple apertures 216 having filter assemblies 300 therein; paragraphs [0077]-[0084] and FIGS. 1, 5A, 5B, 6 of Berg);
the plurality of apertures comprising: a first aperture containing a first filter having a first focal point shift and configured to pass light having a first color; and a second aperture containing a second filter having a second focal point shift and configured to pass light having a second color (the light source 61 may include white light, i.e., a combination of visible light wavelengths, and the different optical filter assemblies 300a, 300b, . . . 300m are configured to perform optical filtering at respective filter wavelengths λ.sub.a, λ.sub.b, λ.sub.c, . . . λ.sub.m having respective relatively narrow bandwidths δλ.sub.a, δλ.sub.b, δλ.sub.c, . . . δλ.sub.m of 2 nm for example, and in FIG. 5A, the focus-corrected optical filter apparatus 200 is positioned to perform optical filtering at the filter wavelength λ.sub.a by directing the focused reflected light beam 66 through the optical filter assembly 300a to form focused and filtered reflected light beam 68 having the filter wavelength λ.sub.a, and thus the multi-wavelength reflected measurement light beam 62R becomes substantially monochromatic [filtered] measurement light beam 68 of a select wavelength based on the filter through which the focused reflected light beam 66 passes; paragraphs [0033], [0067], [0079], [0080] and FIGS. 1, 3, 5A, 5B, 6 of Berg);
a sensor (photosensitive surface 112 of detector/camera 110; FIG. 1 of Berg); and
a lens (focusing lens 92; FIG. 1 of Berg).
positioning the first filter in an optical path from the plane through the lens and ending at the filter (FIG. 5A of Berg shows one particular position of filter wheel 230 at which light from coupling prism 40 [on top surface 22] is received, and subsequently filtered light beam 68(λ.sub.a) having the filter wavelength λ.sub.a is focused substantially at the image plane 94 [photosensitive surface 112] and thus substantially at the detector 100, e.g., to within the depth of focus of focusing lens 92, whereby the photodetector system 130 captures the images; paragraphs [0005], [0052], [0079]-[0084], [0109] and FIGS. 1, 5A, 5B, 6 of Berg);
generating a first image of first colored light passing through the first filter; positioning the second filter in the optical path; and generating a second image of second colored light passing through the second filter (after the photodetector system 130 captures the images at a first wavelength, as shown in FIG. 5B, the filter wheel 230 has been rotated to a different position whereby filtered light beam 68(λ.sub.c) having the filter wavelength λ.sub.c is focused substantially at the image plane 94 [photosensitive surface 112] and thus substantially at the detector 100, e.g., to within the depth of focus of focusing lens 92, thereby substantially eliminating the chromatic aberration generated by the focusing lens, and the same focus-correcting effect occurs with the other optical filter assemblies 300 in the filter wheel 230; paragraphs [0084], [0109] and FIGS. 1, 5A, 5B, 6 of Berg).
Regarding Claim 16, Berg discloses the limitations of Claim 15 and further discloses: wherein the first filter has a first thickness and a first refractive index for light of the first color, and wherein the second filter has a second thickness and a second refractive index for light of the second color (the optical filter assemblies 300 necessarily each have a thickness and a refractive index because they are each a translucent physical material; paragraphs [0010], [0079] and FIGS. 5A, 5B, 6 of Berg).
Regarding Claim 18, Berg discloses the limitations of Claim 16 and further discloses: wherein the first thickness is the same as the second thickness, and wherein the first refractive index is different than the second refractive index (each optical filter assembly 300 may include an optical filter 220 and a corrector 320 having a different axial thickness “t” [and for one of the assemblies, may have no corrector 320, and thus t = zero], and correctors 320 can be made of different glasses having different refractive indices, but wherein at least one of the refractive index and the thickness is selected to cause a second focus position to reside substantially at a first focus position; paragraphs [0010], [0027], [0085], [0087], [0088], [0094]-[0099], [0103] and FIGS. 5A, 5B, 6, 8A, 8B of Berg).
Regarding Claim 20, Berg discloses the limitations of Claim 16 and further discloses: wherein the first thickness is different than the second thickness, and wherein the first refractive index is the same as the second refractive index (each optical filter assembly 300 may include an optical filter 220 and a corrector 320 having a different axial thickness “t” [and for one of the assemblies, may have no corrector 320, and thus t = zero], and correctors 320 can be made of different glasses having different refractive indices, but wherein at least one of the refractive index and the thickness is selected to cause a second focus position to reside substantially at a first focus position; paragraphs [0010], [0027], [0085], [0087], [0088], [0094]-[0099], [0103] and FIGS. 5A, 5B, 6, 8A, 8B of Berg).
Regarding Claim 22, Berg discloses the limitations of Claim 20 and further discloses: wherein the first filter comprises: a first absorbance filter; and a first dielectric filter (optical filter assembly 300 may comprise glass 321, wherein glass is a dielectric material, and also may comprise multilayer thin-film TF having multiple dielectric layers, and wherein either the glass or the thin-film will necessary absorb at least some light; paragraphs [0087], [0093] and FIGS. 6, 8A, 8B, 8C, 9A, 9B of Berg).
Regarding Claim 23, Berg discloses the limitations of Claim 22 and further discloses: wherein the first thickness of the first filter comprises a combined first absorbance filter thickness and first dielectric filter thickness, and wherein the second thickness of the second filter comprises a combined second absorbance filter thickness and second dielectric filter thickness (each of glass 321 and multilayer thin-film TF have a thickness, and are arranged side-by-side which results in a combined thickness; FIGS. 6, 8A, 8B, 8C, 9A, 9B of Berg).
Regarding Claim 25, Berg discloses the limitations of Claim 23 and further discloses: wherein the lens comprises an achromatic lens (an achromatic doublet lens may be used as the focusing lens 92, but the amount of chromatic aberration may still so large that it cannot be adequately corrected, and thus the use of filters [with correctors] having differing thicknesses and/or refractive indices to accomplish the correction; Abstract and paragraphs [0005], [0035], [0084], [0085] and FIGS. 5A, 7, 8A, 8B, 8C, 9A, 9B of Berg).
Regarding Claim 26, Berg discloses the limitations of Claim 23 and further discloses: wherein a position of the lens with respect to the sensor is fixed (Berg does not disclose any movement of the focusing lens 92 and such movement [for correction of focal length based on wavelength] would be unnecessary due the selection of refractive index and/or thickness of assemblies 300 to cause, e.g., a second focus position to reside substantially at a first focus position, even though the wavelengths of light are different; paragraphs [0010], [0027], [0079] and FIGS. 1, 5A, 5B, 8A, 8B of Berg).
Regarding Claim 27, Berg discloses the limitations of Claim 23 and further discloses: wherein the filter wheel is positioned between the lens and the sensor such that light passing through the lens passes through the filter wheel before arriving at the sensor (filter wheel 230 of optical filter apparatus 200 is positioned between focusing lens 92 and photosensitive surface 112 of detector/camera 110 such that light 62 passing through focusing lens 92 [now labeled “light 66”] passes through filter wheel 230 [now labeled “light 68”] before arriving at photosensitive surface 112; FIGS. 1, 5A, 5B of Berg).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Berg.
Regarding Claims 14 and 18, Berg discloses the limitations of Claims 9 and 23, and discloses a LENS[Wingdings font/0xE0]FILTER[Wingdings font/0xE0]SENSOR configuration (see, e.g., FIGS. 1, 5A, 5B of Berg), but does not appear to disclose a FILTER[Wingdings font/0xE0]LENS[Wingdings font/0xE0]SENSOR configuration such that: wherein the lens is positioned between the filter wheel and the sensor such that light passing through the filter wheel passes through the lens before arriving at the sensor.
However, it has been held that mere reversal of parts is generally considered to be an obvious modification of the prior art. MPEP § 2144.04, Section VI, Subsection A, citing In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
In the present case, the device of Berg requires that light from a sample undergoes two actions: a focusing action to focus the light on the sensor [notice, e.g., that the light path changes from divergent to convergent at lens 92 of Berg in FIGS. 1, 5A, 5B] and a filtering action [see, e.g., filter apparatus 200 / filter assemblies 300 in FIGS. 1, 5A, 5B of Berg] to filter the particular wavelength [e.g., color, when the wavelength is a subset of visible light] of interest. However, such actions can be performed in either order, so long as the focused and filtered light ends its path at the focal plane [e.g., plane 94] of the sensor (see, e.g., FIGS. 1, 5A, 5B of Berg).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reverse the locations of the lens and filter of Berg because such configuration would have the same predictable effect of both focusing and filtering the light received from a sample.
Examiner Note – Consider Entirety of Reference
Although various text and figures of the cited reference have been specifically cited in this Office Action to show disclosures and teachings which correspond to specific claim language, Applicant is advised to consider the complete disclosure of the reference, including portions which have not been specifically cited by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN S DUNNING whose telephone number is 571-272-4879. The examiner can normally be reached Monday thru Friday 10:30AM to 7:00PM Eastern Time Zone. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BUMSUK WON can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN S DUNNING/Primary Examiner, Art Unit 2872
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