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 .
DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 02/26/24, 05/08/24, 03/07/25, has been entered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
3. The drawings filed on 02/26/24. These drawings are acceptable.
Claim Rejections - 35 USC § 102
4. 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.
5. Claim 1, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 4500157. Hereafter “JP4500157”. (Please see the attached files for reference of JP4500157).
Regarding Claim 1, JP4500157 teaches an optical system for a shape measuring device page 1, TECHNICAL-FIELD; Figure 1) comprising:
a parallel light irradiation system that irradiates, with parallel light (the following figure 1, beams AA), a portion to be measured that is an outer peripheral end edge portion of an object to be measured having a disk shape along a circular surface of the object to be measured such that the portion to be measured of the object to be measured is disposed in a light flux (the following figure 1, edge portion of an object 1 to be measured is disposed in a light flux beams AA; Page 3, lines 3-13); and
an imaging optical system that images the portion to be measured (figure 1, sensor 32),
wherein the parallel light irradiation system includes a point light source, a collimator lens that emits light from the point light source as parallel light, and a telecentric lens having a both side or object side telecentric structure to be irradiated with light from the collimator lens through the object to be measured (figure 1, collimator lens 20, a point light source 10, telecentric lens 31, object wafer 1),
the imaging optical system includes an image sensor onto which an image of the portion to be measured, the image by light passing through the telecentric lens is projected (figure 1, an image sensor 32, telecentric lens 31; Page 4, lines 1-25), and
the point light source includes an LED (figure 1, elements 10, 11; Figures 7, 8, element 4a), a diffusion member that diffuses and emits light from the LED (page 2, lines 2-4; Figures 7-8, rod lens 4b is not different from a diffuser); and a pinhole member having a pinhole into which light from the diffusion member is incident (the following figure 1, aperture B).
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Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 4500157 in view of Yamazaki Nobuyuki (JP 2017144466). Hereafter “JP4500157” and “Yamazaki”. (Please see the attached files for references of JP4500157 and Yamazaki).
Regarding Claims 2-3, JP4500157 teaches all the limitations of claim 1 as stated above except for the diffusion member is an optical fiber, the optical fiber has a bent shape. Yamazaki teaches the diffusion member is an optical fiber, the optical fiber has a bent shape (figure 4, optical fiber 31; Figure 6, optical fiber 7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify JP 4500157 by having an optical fiber in order to guide diffused light efficiently (Yamazaki, page 3, lines 19-23; Page 4, lines 3-9).
8. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 4500157 in view of Kaye (U.S. 4,027,973). Hereafter “JP4500157” and “Kaye”.
Regarding Claim 4, JP4500157 teaches all the limitations of claim 1 as stated above except for the diffusion member is an integrating sphere. Kaye teaches the diffusion member is an integrating sphere (column 3, lines 50-51). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify JP 4500157 by having the diffusion member is an integrating sphere in order to spread the incident scattered and transmitted energy over the surface of object (Kaye, column 3, lines 50-54).
Double Patenting
9. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
10. Claim 1 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2 of Akamatsu (U.S. Patent No. 7,456,978), in view of JP 4500157. Hereafter, “Akamatsu ‘978”, “JP4500157”. (Please see the attached files for reference of JP4500157).
As to claim 1, Akamatsu ‘978 claims an optical system for a shape measuring device comprising:
a parallel light irradiation system that irradiates, with parallel light (claim 1, line 3), a portion to be measured that is an outer peripheral end edge portion of an object to be measured having a disk shape along a circular surface of the object to be measured such that the portion to be measured of the object to be measured is disposed in a light flux (claim 1, lines 6-9); and
an imaging optical system that images the portion to be measured,
wherein the parallel light irradiation system includes a point light source, a collimator lens that emits light from the point light source as parallel light (claim 1, lines 3-4), and a telecentric lens having a both side or object side telecentric structure to be irradiated with light from the collimator lens through the object to be measured (claim 1, lines 12-16,
the imaging optical system includes an image sensor onto which an image of the portion to be measured, the image by light passing through the telecentric lens is projected (claim 1, lines 17-20).
However, Akamatsu ‘978 does not claim the point light source includes an LED, a diffusion member that diffuses and emits light from the LED; and a pinhole member having a pinhole into which light from the diffusion member is incident. JP4500157 teaches the point light source includes an LED (figure 1, elements 10, 11; Figures 7, 8, element 4a), a diffusion member that diffuses and emits light from the LED (page 2, lines 2-4; Figures 7-8, rod lens 4b is not different from a diffuser); and a pinhole member having a pinhole into which light from the diffusion member is incident (the following figure 1, aperture B). It would have been obvious to one having ordinary skill in the art at the time of invention was made to include in Akamatsu ‘978 a diffusion member and a pinhole member having a pinhole into which light from the diffusion member is incident taught by JP4500157 for the purpose of diffusing and transmitting optical signals. Thus, the uniformity of light is attained.
11. Claims 2-3 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2 of Akamatsu (U.S. Patent No. 7,456,978) in view of in view of JP 4500157, and further in view of Yamazaki Nobuyuki (JP 2017144466). Hereafter, “Akamatsu ‘978”, “JP4500157”, “Yamazaki”. (Please see the attached files for reference of JP4500157).
Regarding Claims 2-3, Akamatsu ‘978 and JP4500157 teach all the limitations of claim 1 as stated above except for the diffusion member is an optical fiber, the optical fiber has a bent shape. Yamazaki teaches the diffusion member is an optical fiber, the optical fiber has a bent shape (figure 4, optical fiber 31; Figure 6, optical fiber 7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify JP 4500157 by having an optical fiber in order to guide diffused light efficiently (Yamazaki, page 3, lines 19-23; Page 4, lines 3-9).
12. Claim 4 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2 of Akamatsu (U.S. Patent No. 7,456,978) in view of in view of JP 4500157, and further in view of Kaye (U.S. 4,027,973). Hereafter, “Akamatsu ‘978”, “JP4500157”, “Kaye”. (Please see the attached files for reference of JP4500157).
Regarding Claim 4, Akamatsu ‘978 and JP4500157 teach all the limitations of claim 1 as stated above except for the diffusion member is an integrating sphere. Kaye teaches the diffusion member is an integrating sphere (column 3, lines 50-51). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify JP 4500157 by having the diffusion member is an integrating sphere in order to spread the incident scattered and transmitted energy over the surface of object (Kaye, column 3, lines 50-54).
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October 29, 2025
/Tri T Ton/
Primary Examiner Art Unit 2877