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.
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: “components is adjusted between the first operating position and the second operating
position by operating the movable structure” in claim 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.
Applicant teaches the movable structure includes slider, and the actuator is configured to slide the slider to move the second set of optical components between the first operating position and the second operating position (0099).
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 –
(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) 1-5, 11, & 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by paper of SHUJUN ZHENG, “Scalar vortex beam produced through faithful reconstruction of polarization holography”, 2021, hereafter Zheng.
With respect to claim 1, Zheng teaches an optical system for structured illumination, comprising:
a first set of optical components (fig 2, HWP1 & PBS) fixedly aligned relative to a light beam entering the optical system; and
a second set of optical components (fig 2, BE SH1, SH2, & SH3) adjustable between a first operating position “(SH1) and 2 (SH2) are opened, while shutter 3 (SH3) is closed” (pg. 43198 ¶ 2, line 1) and a second operating position “SH1 and SH3 are opened…SH2 is closed” (pg. 43199 ¶ 1, lines 5-7),
wherein, when the second set of optical components are in the first operating position, the light beam is expanded beam (fig 2, BE) “expander” (pg. 43198 ¶ 1, line 4) and outputted as a first output beam “reconstructed wave” (pg. 43198 ¶ 2, lines 15-17), and
wherein, when the second set of optical components are in the second operating
position, the light beam passes through the first set of optical components and forms a vortex beam “reconstructed wave is a vortex beam” (pg. 43199 ¶ 1, lines 5-7) that is outputted as a second output beam.
With respect to claim 2 according to claim 1, Zheng teaches the optical system wherein each optical component of the first set of optical components is aligned along a first optical axis (fig 2, BE & HWP1).
With respect to claim 3 according to claim 1, Zheng teaches the optical system wherein the first set of optical components includes a vortex generator “reconstructed wave is a vortex beam” (pg. 43199 ¶ 1, lines 5-7).
With respect to claim 4 according to claim 3, Zheng teaches the optical system wherein the second set of optical components includes at least one beam expander (fig 2, BE) “expander” (pg. 43198 ¶ 1, line 4).
With respect to claim 5 according to claim 4, Zheng teaches the optical system wherein the light beam passes through the first set of optical components (fig 2, HWP1 & PBS) when the second set of optical components is in the first operating position “(SH1) and 2 (SH2) are opened, while shutter 3 (SH3) is closed” (pg. 43198 ¶ 2, line 1).
With respect to claim 11 according to claim 3, Zheng teaches the optical system wherein the light beam bypasses the first set of optical components (fig 2, HWP1 & PBS) when the second set of optical components is in the first operating position.
With respect to claim 13 according to claim 1, Zheng teaches the optical system wherein the first output beam and the second output beam are aligned (fig 2, CCD).
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of SHUJUN ZHENG, “Scalar vortex beam produced through faithful reconstruction of polarization holography”, 2021, hereafter Zheng in view of Thorlabs, “Create Circularly Polarized Light Using a Quarter-Wave Plate (QWP) | Thorlabs Insights”, Jan 19, 2021.
With respect to claim 14 according to claim 1, Zheng does not teach the optical components are fixedly mounted relative to each other.
Thorlabs, in the same field of endeavor of Zheng, implicitly teaches optical components of a set are fixedly mounted relative to one of another via an optics table. At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to combine Thorlab’s optics table with Zheng’s optical components to accurately transmit laser light to each optical component.
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Allowable Subject Matter
Claims 16-20 are allowed. Claims 6-10, 12, & 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims or to include the limitation(s) and any intervening claims into the base claim. The following is a statement of reasons for the indication of allowable subject matter:
As to claim 6, the prior art of record, taken alone or in combination, fails to disclose or render obvious “wherein the beam expander includes a first lens and a second lens, and when the second set of optical components is in the first operating position, the light beam sequentially passes through the first lens, the vortex generator, and the second lens”, in combination with the rest of the limitations of claim 6.
As to claim 10, the prior art of record, taken alone or in combination, fails to disclose or render obvious “the second set of optical components further includes a linear polarizer, and the light beam passes through the linear polarizer before passing through the vortex generator when the second set of optical components is in the second
operating position”, in combination with the rest of the limitations of claim 10.
As to claim 12, the prior art of record, taken alone or in combination, fails to disclose or render obvious “wherein the second set optical components include at least one mirror, and the light beam is deflected by the mirror to bypass the first set of optical components when the second set of optical components is in the first operating position”, in combination with the rest of the limitations of claim 12.
As to claim 15, the prior art of record, taken alone or in combination, fails to disclose or render obvious “wherein at least one optical component of the second set of optical components is fixedly mounted on a movable structure, and the second set of optical components is adjusted between the first operating position and the second operating
position by operating the movable structure”, in combination with the rest of the limitations of claim 15.
As to claim 16, the prior art of record, taken alone or in combination, fails to disclose or render obvious “and a controller including a processor and a non-transitory memory for storing computer readable instructions, when the computer readable instructions are executed by the processor, the microscopy system is configured to:
adjust, via the actuator, the second set of optical components in the first operating position; direct the first output beam towards the sample and generate a first image based on light received from the detector; adjust, via the actuator, the second set of optical components in the second operating position; direct the second output beam towards the sample and generate a second image based on light received from the detector”, in combination with the rest of the limitations of claim 16.
Conclusion
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/MAURICE C SMITH/Examiner, Art Unit 2877