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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (Claims 1-3 and 7-8) in the reply filed on 18 December 2025 is acknowledged.
Claims 4-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected device, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 18 December 2025.
Claim 6 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected device, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 18 December 2025.
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected computer-readable recording medium for executing a calculation, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 18 December 2025.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were filed on 30 May 2024. The submissions are in compliance with the provisions of 37 CFR 1.97, and therefore are considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “transmission of the reference light from the splitter to the interferometer [being] performed through a plurality of paths” of claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “MEASURING DEVICE AND RECORDING MEDIUM UTILIZING A POLARIZED LIGHT PHASE DIFFERENCE TO OBTAIN A STRESS DISTRIBUTION” or something similarly descriptive.
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 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0199116 A1 by Yoshiaki Yasuno et al. (herein after “Yasuno”), in view of US 2021/0018312 A1 by Shigero Nakamura (herein after “Nakamura”), and further in view of US 2013/0335740 A1 by Ichiro Ishimaru (herein after “Ishimaru”).
Regarding claim 1, Yasuno discloses a measuring device (Yasuno title – measuring system) comprising:
a light emitter to selectively emit each of a plurality of light beams of light having respective different wavelength bands (Yasuno fig. 1 and [0045] discloses the general constitution of the optical system, comprising a light source 2 and [0046] a collimator lens 11 [collimator lens parallelizes a plurality of beams, see [0006]]; the light source is a super luminescent diode (SLD) with a broadband spectrum [beams of light having respective different wavelength bands])
a splitter to split light emitted by the light emitter into measurement light and reference light, and to emit the measurement light and the reference light (Yasuno fig. 1 and [0045] discloses a fiber coupler 5 which splits light emitted by light emitter 2 into a reference arm 6 [reference light] and a sample arm 7 [measurement light]);
a light transceiver to irradiate a measurement object with the measurement light from the splitter and receive reflected light obtained by reflection of the emitted measurement light by the measurement object (Yasuno fig. 1 and [0052] discloses a polarization controller 15, here functioning as a light transceiver; [0049] discloses a sample 17 on which incident light is irradiated by polarization controller 15, and from which the controller 15 receives after reflection of the light by the object);
an interferometer to combine the reference light with the reflected light from the light transceiver, to separate the combined light into two orthogonal beams of polarized light (Yasuno [0049]-]0051] and fig. 1 disclose a spectrometer 8; the fiber coupler 5 combines light from the polarization controller 15 [reflected light from light transceiver] with reference light – the fiber coupler is considered as part of the interferometer; beam splitter 21 separates the combined light into vertical and horizontal components [separate combined light into two orthogonal beams of polarized light]) to convert the two beams of polarized light into two analog electrical signals, and to output the two analog electrical signals (Yasuno [0050] and fig. 1 discloses two photodetectors 22 and 23, embodied as CCD cameras – it is well known in the art that charge coupled devices are analog signal receivers, such that when the horizontal and vertical polarization beams are captured by the cameras, they are captured as analog electrical signals [i.e. senses light via a voltage reading at photosensitive sites, where the voltage is representative of the received data] therefore, the CCD cameras “convert” polarized light into analog signals and output the electrical signals [output voltage readings]);
an analog-to-digital converter to convert the two analog signals from the interferometer into digital electrical signals and to output the digital electrical signals as two digital signals (Yasuno [0062] and fig. 1 discloses a computer 30 which receives data received by the measuring unit 1; it is well known in the art, as explored in the preceding paragraph, that data obtained by CCD sensors are analog signals; it is further known that for those signals shown in fig. 1 going to computer 30, the analog output is converted via an analog to digital converter into a digital signal receivable by input part 31 of computer 30 (fig. 2), and readable/storable by data bus 35 of computer 30 (fig. 2); those signals input to the computer 30 are converted from analog into digital electrical signals and output as digital signals), and
calculation processing circuitry to convert the digital electrical signals corresponding to the two beams of polarized light from the analog-to-digital converter (Yasuno fig. 1 discloses the computer 30 where [0073]-[0074] the computer 30 functions such that calculations [determining noise characteristics of measured birefringence values] are performed via signals obtained by the optical system 1)
Yasuno is silent to a light emitter to selectively emit each of a plurality of beams of light having respective different wavelength bands, and a splitter to split light in a wavelength band selected.
However, Nakamura does address this limitation. Yasuno and Nakamura are considered to be analogous to the present invention because they are related to systems utilizing interferometry to inspect and measure objects of interest.
Nakamura discloses “a light emitter to selectively emit each of a plurality of beams of light having respective different wavelength bands, and a splitter to split light in a wavelength band selected” (Nakamura figs. 5B-5C and [0067], [0070], [0083] disclose a Mach-Zehnder interferometry system in which an arrayed light waveguide grating shown in fig. 5C is used; [0070] and fig. 5C disclose a portion of incoming light from a light source 401 which is split via splitter 441 that outputs light to an optical waveguide 442 dependent on wavelength [i.e. splitting incident light into different wavelength bands] and receiving light in a receiver group 444 receiving light dependent on the waveguide – since the receivers receive unique wavelengths of light, the splitter “selects” a wavelength band).
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 Yasuno to incorporate a light emitter to selectively emit each of a plurality of beams of light having respective different wavelength bands, a splitter to split light in a wavelength band selected as suggested by Nakamura for the advantage of easily enabling wavelength identification for polychromatic light within a wide range of wavelengths within a light source, important for the interference light intensity measurements within the imaging system (Nakamura [0070]-[0071]).
Yasuno when modified by Nakamura is silent to calculation processing circuitry to convert digital electrical signals into frequency spectra for each of the plurality of beams of light emitted from the light emitter, to calculate an optical path length difference between the reference light and the measurement light, to obtain a polarized light difference between the two beams of polarized light for each of the plurality of beams of light, and to obtain wavelength dependency of the polarized light phase difference.
However, Ishimaru does address this limitation. Yasuno, Nakamura, and Ishimaru are considered to be analogous to the present invention because they are related to systems utilizing interferometry to inspect and measure objects of interest.
Ishimaru discloses “calculation processing circuitry to convert digital electrical signals into frequency spectra for each of the plurality of beams of light emitted from the light emitter” (Ishimaru fig. 12 and [0066] disclose spectral data obtained for light emitted and incident to a sample, where a wavelength spectrum is shown as a function of intensity – given the scalar relationship between frequency and wavelength spectra, a wavelength spectrum is analogous to the claimed frequency spectrum; [0066] discloses an emission line spectrum of the light source is found independent of the portion P1-P3 on the sample the light was incident; [0063] discloses processing unit 23 [i.e. calculation processing circuitry]; given Nakamura with the plurality of beams of light, each within the arrayed wire guide grating, the obtainment of frequency spectra of Ishimaru would be obvious for each of the plurality of beams of light from the light emitter), “to calculate an optical path length difference between the reference light and the measurement light” (Ishimaru [0053] discloses that the optical characteristic measurement device generates a relative phase change between reference light and measurement light due to optical path length differences between the beams; [0054] discloses that the optical path length difference for a relative phase change is known as a function of mirror movement in the optical axis direction – since the relative phase is known as a function of twice the mirror movement distance, a calculation of the optical path length difference is built into the relationship), “to obtain a polarized light phase difference between the two beams of polarized light for each of the plurality of beams of light” (Ishimaru [0063] discloses that processing unit 23 mathematical operations including Fourier transformations; an amplitude per wavelength and amount of phase difference per wavelength is obtained; [0060] the phase difference is that between the x- and y-directional electric fields (i.e. orthogonal beams); as mentioned, this occurs per wavelength and for light with a plurality of beams of light with differing wavelengths, phase difference per wavelength can be obtained for each), “and to obtain wavelength dependency of the polarized light phase difference” (Ishimura [0066]; since the amount of phase difference is obtained per wavelength, a wavelength dependency for the polarized light phase difference is achieved; additionally, [0063] discloses that other characteristics can be obtained as well, including birefringent properties via retardation per wavelength due to phase differences).
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 Yasuno to incorporate calculation processing circuity to convert digital electrical signals into frequency spectra for the beam of light emitted from the light emitter, to calculate an optical path length difference between the reference light and the measurement light, to obtain a polarized light phase difference between the two beams of polarized light for each of the plurality of beams of light and to obtain wavelength dependency of the polarized light phase difference as suggested by Ishimura for the advantage of enabling the measurement and obtainment of both Fourier spectral characteristics and birefringent properties of an object to be measured at the same time (Ishimaru [0016], [0063] and [0068]).
Regarding claim 2, Yasuno discloses a measuring device (Yasuno title – measuring system) comprising:
a laser light emitter to selectively emit each of a plurality of light beams of light (Yasuno fig. 1 and [0045] discloses the general constitution of the optical system, comprising a light source 2 and [0046] a collimator lens 11 [collimator lens parallelizes a plurality of beams, see [0006]]; [0046] discloses the light source can be a pulse laser)
a splitter to split laser beams emitted by the laser light emitter into measurement light and reference light, and to emit the measurement light and the reference light (Yasuno fig. 1 and [0045] discloses a fiber coupler 5 which splits light emitted by light emitter 2 into a reference arm 6 [reference light] and a sample arm 7 [measurement light])
a light transceiver to irradiate a measurement object with the measurement light from the splitter and receive reflected light obtained by reflection of the emitted measurement light by the measurement object (Yasuno fig. 1 and [0052] discloses a polarization controller 15, here functioning as a light transceiver; [0049] discloses a sample 17 on which incident light is irradiated by polarization controller 15, and from which the controller 15 receives after reflection of the light by the object);
an interferometer to combine the reference light with the reflected light from the light transceiver, to separate the combined light into two orthogonal beams of polarized light (Yasuno [0049]-]0051] and fig. 1 disclose a spectrometer 8; the fiber coupler 5 combines light from the polarization controller 15 [reflected light from light transceiver] with reference light – the fiber coupler is considered as part of the interferometer; beam splitter 21 separates the combined light into vertical and horizontal components [separate combined light into two orthogonal beams of polarized light]) to convert the two beams of polarized light into two analog electrical signals, and to output the two analog electrical signals (Yasuno [0050] and fig. 1 discloses two photodetectors 22 and 23, embodied as CCD cameras – it is well known in the art that charge coupled devices are analog signal receivers, such that when the horizontal and vertical polarization beams are captured by the cameras, they are captured as analog electrical signals [i.e. senses light via a voltage reading at photosensitive sites, where the voltage is representative of the received data] therefore, the CCD cameras “convert” polarized light into analog signals and output the electrical signals [output voltage readings]);
an analog-to-digital converter to convert the two analog signals from the interferometer into digital electrical signals and to output the digital electrical signals as two digital signals (Yasuno [0062] and fig. 1 discloses a computer 30 which receives data received by the measuring unit 1; it is well known in the art, as explored in the preceding paragraph, that data obtained by CCD sensors are analog signals; it is further known that for those signals shown in fig. 1 going to computer 30, the analog output is converted via an analog to digital converter into a digital signal receivable by input part 31 of computer 30 (fig. 2), and readable/storable by data bus 35 of computer 30 (fig. 2); those signals input to the computer 30 are converted from analog into digital electrical signals and output as digital signals);
an analog-to-digital converter to convert the two analog signals from the interferometer into digital electrical signals and to output the digital electrical signals as two digital signals (Yasuno [0062] and fig. 1 discloses a computer 30 which receives data received by the measuring unit 1; it is well known in the art, as explored in the preceding paragraph, that data obtained by CCD sensors are analog signals; it is further known that for those signals shown in fig. 1 going to computer 30, the analog output is converted via an analog to digital converter into a digital signal receivable by input part 31 of computer 30 (fig. 2), and readable/storable by data bus 35 of computer 30 (fig. 2); those signals input to the computer 30 are converted from analog into digital electrical signals and output as digital signals), and
calculation processing circuitry to convert the digital electrical signals corresponding to the two beams of polarized light from the analog-to-digital converter (Yasuno fig. 1 discloses the computer 30 where [0073]-[0074] the computer 30 functions such that calculations [determining noise characteristics of measured birefringence values] are performed via signals obtained by the optical system 1).
Yasuno is silent to a laser light emitter to selectively emit each of a plurality of laser beams having respective different wavelength bands, and a splitter to split laser beams in a wavelength band selected.
However, Nakamura does address this limitation. Yasuno and Nakamura are considered to be analogous to the present invention because they are related to systems utilizing interferometry to inspect and measure objects of interest.
Nakamura discloses “a light emitter to selectively emit each of a plurality of laser beams having respective different wavelength bands, and a splitter to split laser beams in a wavelength band selected” (Nakamura figs. 5B-5C and [0067], [0070], [0083] disclose a Mach-Zehnder interferometry system in which an arrayed light waveguide grating shown in fig. 5C is used; [0070] and fig. 5C disclose a portion of incoming light from a light source 401 which is split via splitter 441 that outputs light to an optical waveguide 442 dependent on wavelength [i.e. splitting incident light into different wavelength bands] and receiving light in a receiver group 444 receiving light dependent on the waveguide – since the receivers receive unique wavelengths of light, the splitter “selects” a wavelength band; [0042] discloses the laser light source which emits light while changing wavelength, between a range of 1510nm-1590nm – each beam is output through a specific path 442 based on wavelength, and each different wavelength of light is considered an individual beam).
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 Yasuno to incorporate a light emitter to selectively emit each of a plurality of laser beams of light having respective different wavelength bands, a splitter to split light in a wavelength band selected as suggested by Nakamura for the advantage of easily enabling wavelength identification for polychromatic light within a wide range of wavelengths within a light source, important for the interference light intensity measurements within the imaging system (Nakamura [0070]-[0071]).
Yasuno when modified by Nakamura is silent to calculation processing circuitry to convert digital electrical signals into frequency spectra for each of the plurality of laser beams emitted from the laser light emitter, to calculate an optical path length difference between the reference light and the measurement light, to obtain a polarized light difference between the two beams of polarized light for each of the plurality of beams of light, and to obtain wavelength dependency of the polarized light phase difference.
However, Ishimaru does address this limitation. Yasuno, Nakamura, and Ishimaru are considered to be analogous to the present invention because they are related to systems utilizing interferometry to inspect and measure objects of interest.
Ishimaru discloses “calculation processing circuitry to convert digital electrical signals into frequency spectra for each of the plurality of laser beams emitted from the laser light emitter” (Ishimaru fig. 12 and [0066] disclose spectral data obtained for light emitted and incident to a sample, where a wavelength spectrum is shown as a function of intensity – given the scalar relationship between frequency and wavelength spectra, a wavelength spectrum is analogous to the claimed frequency spectrum; [0066] discloses an emission line spectrum of the light source is found independent of the portion P1-P3 on the sample the light was incident; [0063] discloses processing unit 23 [i.e. calculation processing circuitry]; given Nakamura with the plurality of laser beams of light, each within the arrayed wire guide grating, the obtainment of frequency spectra of Ishimaru would be obvious for each of the plurality of laser beams of light from the laser light emitter), “to calculate an optical path length difference between the reference light and the measurement light” (Ishimaru [0053] discloses that the optical characteristic measurement device generates a relative phase change between reference light and measurement light due to optical path length differences between the beams; [0054] discloses that the optical path length difference for a relative phase change is known as a function of mirror movement in the optical axis direction – since the relative phase is known as a function of twice the mirror movement distance, a calculation of the optical path length difference is built into the relationship), “to obtain a polarized light phase difference between the two beams of polarized light for each of the plurality of beams of light” (Ishimaru [0063] discloses that processing unit 23 mathematical operations including Fourier transformations; an amplitude per wavelength and amount of phase difference per wavelength is obtained; [0060] the phase difference is that between the x- and y-directional electric fields (i.e. orthogonal beams); as mentioned, this occurs per wavelength and for light with a plurality of beams of light with differing wavelengths, phase difference per wavelength can be obtained for each), “and to obtain wavelength dependency of the polarized light phase difference” (Ishimura [0066]; since the amount of phase difference is obtained per wavelength, a wavelength dependency for the polarized light phase difference is achieved; additionally, [0063] discloses that other characteristics can be obtained as well, including birefringent properties via retardation per wavelength due to phase differences).
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 Yasuno to incorporate calculation processing circuity to convert digital electrical signals into frequency spectra for each of the plurality beam of laser beams emitted from the laser light emitter, to calculate an optical path length difference between the reference light and the measurement light, to obtain a polarized light phase difference between the two beams of polarized light for each of the plurality of beams of light and to obtain wavelength dependency of the polarized light phase difference as suggested by Ishimura for the advantage of enabling the measurement and obtainment of both Fourier spectral characteristics and birefringent properties of an object to be measured at the same time (Ishimaru [0016], [0063] and [0068]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yasuno in view of Nakamura, in view of Ishimaru, and further in view of US 2023/0049459 A1 by Justin Kane et al. (herein after “Kane”).
Regarding claim 3, Yasuno when modified by Nakamura and Ishimaru discloses the measuring device according to claim 2. Yasuno when modified by Nakamura and Ishimaru is silent to the measuring device according to claim 2, wherein the laser light emitter includes:
at least one source to emit a plurality of laser beams having respective different wavelengths;
a wavelength selector to receive as an input the plurality of beams from the light source and to emit a laser beam selected from the input plurality of laser beams, and
a sweeper to perform a wavelength sweep of the laser beam selected by the wavelength selector in a corresponding one of bands and to emit the swept laser beam as swept light.
However, Kane does address this limitation. Yasuno, Nakamura, Ishimaru and Kane are considered to be analogous to the present invention because they utilize light emission systems for inspection of objects via interferometry, microscopy, etc.
Kane discloses the measuring device according to claim 2, “wherein the laser light emitter includes:
at least one source to emit a plurality of laser beams having respective different wavelengths” (Kane fig. 1 and [0043] discloses an assembly [one source] which outputs a laser beam tuned to span a predetermined wavelength range; [0054] discloses a plurality of laser modules within the one source, first module 22, second module 24, third module 26, fourth module 28 each of which emit a laser beam 22A, 24A, 26A, 28A with different wavelengths spanning different range portions [plurality of laser beams having respective different wavelengths]),
a wavelength selector to receive as an input the plurality of beams from the light source and to emit a laser beam selected from the input plurality of laser beams (Kane fig. 1 and [0069], [0077] discloses that each beam is incident on a beam steering assembly 18 where a mirror selectively redirects one of the individual beams [wavelength selector to receive as an input the plurality of the beams from the source] to a secondary beam steerer which directs the beam out of the assembly for emission); and
a sweeper to perform a wavelength sweep of the laser beam selected by the wavelength selector in a corresponding one of bands and to emit the swept laser beam as swept light (Kane [0010] and [0013] discloses non-limiting possible sizes that the selected wavelength range may be tuned over, and that a controller [sweeper] controls beam steering such that the laser assembly is “tuned over at least sixty, seventy, [etc.], or one hundred percent of the tunable range”, indicating a wavelength sweep over the tuned wavelength range selected by the beam selector; [0046] also notes that the assembly is well suited for applications that require broad spectral sweeps [i.e. a broad wavelength sweep is enabled by the disclosure of Kane]; as a concrete example, [0048] discloses that the assembly generates a laser beam that has a center wavelength that is varied over time to span an entire or portion of a desired range of the EM spectrum [i.e. wavelength sweep over a portion of the spectrum]).
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 Yasuno in view of Nakamura and Ishimura to incorporate wherein the laser light emitter includes at least one source to emit a plurality of laser beams having respective different wavelengths; a wavelength selector to receive as an input the plurality of beams from the light source and to emit a laser beam selected from the input plurality of laser beams, and a sweeper to perform a wavelength sweep of the laser beam selected by the wavelength selector in a corresponding one of bands and to emit the swept laser beam as swept light as suggested by Kane for the advantage of enabling a quick means for outputting a desired beam of light with a desired wavelength range, as a controller 20 has control to fire all laser modules, and direct the selected output beam quickly and efficiently (Kane [0093]-[0094]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yasuno in view of Nakamura, in view of Ishimaru, and further in view of US 2017/0160148 A1 by Souichi Saeki (herein after “Saeki”). Examiner notes the reference Saeki was cited in the IDS filed 30 May 2024.
Regarding claim 7, Yasuno when modified by Nakamura and Ishimaru discloses the measuring device according to claim 1. Yasuno when modified by Nakamura and Ishimaru is silent to the measuring device according to claim 1, wherein the calculation processing circuitry
calculates one or more stokes parameters using digital electrical signals corresponding to two beams of polarized light from the analog-to-digital converter;
calculates a distribution of a polarized light phase difference of the measurement object in a depth direction by applying Fourier analysis to the Stokes parameters acquired;
acquires a polarized light phase difference distribution continuous in the depth direction by performing phase connection processing on the distribution of the polarized light phase difference of the measurement object in the depth direction obtained;
calculates a slope of the polarized light phase difference with respect to a wavelength by acquiring a slope distribution of the polarized light phase difference with respect to the wavelength using the polarized light phase difference distribution for all wavelength bands obtained; and
acquires a stress distribution in the depth direction by converting the slope of the polarized light phase difference with respect to the wavelength for all the wavelength bands obtained into a stress by referring to a calibration characteristic line in a calibration object.
However, Saeki does address this limitation. Yasuno, Nakamura, Ishimura, and Saeki are considered to be analogous to the present invention because they utilize light emission systems for inspection of objects via interferometry, microscopy, etc.
Saeki discloses the measuring device according to claim 1, “wherein the calculation processing circuitry
calculates one or more stokes parameters using digital electrical signals corresponding to two beams of polarized light from the analog-to-digital converter” (Saeki [0048] and equations 4 and 5 define at least two Stokes parameters, with S3 containing information from the two orthogonally polarized beam of light, and S0 containing information of the total intensity of measured light; [0074] the control computation unit 4 calculates a stokes parameter map (ratio of S3/S0) [stokes parameters S0 and S3 calculated using electrical signals from the two beams of polarized light]);
“calculates a distribution of a polarized light phase difference of the measurement object in a depth direction by applying Fourier analysis to the Stokes parameters acquired” (Saeki [0056] discloses the calculation of a variation in phase difference in the z-direction (and [0039] discloses the depth direction of the object as corresponding to the z-direction; [0075] discloses the use of Fourier analysis to calculate phase information in the z-direction [i.e. phase difference obtained in a depth direction by Fourier analysis to Stokes parameter map]);
“acquires a polarized light phase difference distribution continuous in the depth direction by performing phase connection processing on the distribution of the polarized light phase difference of the measurement object in the depth direction obtained” (Saeki [0075] discloses the calculation of a phase distribution as a function of both x- and z-directions, where the z-direction has been disclosed as the depth direction; fig. 5A-5C show the Stokes parameter ratio of S3/S0 as a function of the depth direction where the function is shown as continuous; [0075]-[0076] discloses subsequent noise reduction performed on the phase distribution, including noise reduction and least-squares analysis to obtain polynomial approximation for the phase difference distribution and to obtain an interpolation function [the polynomial approximation and interpolation function are both continuous in the depth direction]);
“calculates a slope of the polarized light phase difference with respect to a wavelength by acquiring a slope distribution of the polarized light phase difference with respect to the wavelength using the polarized light phase difference distribution for all wavelength bands obtained” (Saeki [0045] and equation 1 discloses the phase difference as being dependent on the wavelength of light being emitted by the measuring device; [0077] discloses that the control computation unit 4 computes a rate of change of the phase distribution via obtaining a spatial gradient (∂Φ/∂x, ∂Φ/∂z), [i.e. a slope, as recognized by one of ordinary skill in the art]; while Saeki doesn’t explicitly disclose obtaining a slope of the polarized light phase difference with respect to a wavelength, under MPEP 2114 II. Saeki still reads on the claim because “apparatus claims cover what a device is, and not what a device does” – Saeki discloses the ability for the control computation unit 4 obtaining the spatial gradient demonstrating the ability to perform the calculations as required by the claim; the claim “recites with respect to the manner in which the claimed apparatus is intended to be employed” (i.e. calculating a slope with respect to the wavelength by acquiring a slope distribution of the polarized light phase difference, etc.), and “therefore does not differentiate the claimed apparatus from a prior art apparatus”); and
“acquires a stress distribution in the depth direction by converting the slope of the polarized light phase difference with respect to the wavelength for all the wavelength bands obtained into a stress by referring to a calibration characteristic line in a calibration object” (Saeki [0077] discloses that the control computation unit 4 calculates a stress distribution using the spatial gradient (∂Φ/∂x, ∂Φ/∂z) obtained as described in the preceding paragraph; [0080] and fig. 11A disclose a visualization of stress distribution as a function of both the x-axis and the z-axis [stress distribution in the depth direction]; as with the preceding limitation, while Saeki doesn’t explicitly disclose obtaining a stress distribution by converting the slope of the polarized light phase difference for all wavelength bands, under MPEP 2114 II. Saeki still reads on the claim because “apparatus claims cover what a device is, and not what a device does” – Saeki discloses the ability for the control computation unit 4 obtaining a stress distribution in the depth direction as required by the claim; the claim “recites with respect to the manner in which the claimed apparatus is intended to be employed” (i.e. acquiring a stress distribution in the depth direction by converting the slope of the polarized light phase difference for all wavelength bands) and “therefore does not differentiate the claimed apparatus from a prior art apparatus”).
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 Yasuno in view of Nakamura and Ishimura to incorporate wherein the calculation processing circuitry calculates one or more stokes parameters using digital electrical signals corresponding to two beams of polarized light from the analog-to-digital converter; calculates a distribution of a polarized light phase difference of the measurement object in a depth direction by applying Fourier analysis to the Stokes parameters acquired; acquires a polarized light phase difference distribution continuous in the depth direction by performing phase connection processing on the distribution of the polarized light phase difference of the measurement object in the depth direction obtained; calculates a slope of the polarized light phase difference with respect to a wavelength by acquiring a slope distribution of the polarized light phase difference with respect to the wavelength using the polarized light phase difference distribution for all wavelength bands obtained; and acquires a stress distribution in the depth direction by converting the slope of the polarized light phase difference with respect to the wavelength for all the wavelength bands obtained into a stress by referring to a calibration characteristic line in a calibration object, as suggested by Saeki for the advantage of enabling stress measurement at any position within an object to be performed at the resolution of the measurement device, therefore achieving a very high resolution for visualizing the stress distribution (Saeki [0081]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yasuno in view of Nakamura, in view of Ishimura, and further in view of US 5,396,328 by Dieter Jestel et al. (herein after “Jestel”).
Regarding claim 8, Yasuno when modified by Nakamura and Ishimura discloses the measuring device of claim 1. Yasuno when modified by Nakamura and Ishimura is silent to the measuring device of claim 1, wherein transmission of the reference light from the splitter to the interferometer is performed through a plurality of paths.
However, Jestel does address this limitation. Yasuno, Nakamura, Ishimura, and Jestel are considered to be analogous to the present invention because they utilize light emission systems for inspection of objects via interferometry, microscopy, etc.
Jestel discloses the measuring device of claim 1, “wherein transmission of the reference light from the splitter to the interferometer is performed through a plurality of paths” (Jestel is directed to a waveguide interferometer having two reference paths; fig. 1 and col 5 ll. 28-46 disclose an interferometric device where two reference paths 6 and 8 are shown and described; since there are two reference paths, the reference light from a splitter to the interferometer is performed through two paths [transmission of reference light via plurality of paths]).
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 Yasuno in view of Nakamura and Ishimura to incorporate wherein transmission of the reference light from the splitter to the interferometer is performed through a plurality of paths as suggested by Jestel for the advantage of increasing the accuracy of which optical path length direction and changes may be measured via the embodiment of the three arm interferometer with two reference arms (Jestel col 1 ll. 28-38).
Conclusion
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/JOSHUA M CARLSON/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877