DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 17-20 are rejected under 35 U.S.C. 101.
Claims 1-4, 6-12 and 14-20 are rejected under 35 U.S.C. 102(a1).
Claims 5 and 13 are objected to as being dependent on a rejected base claim.
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) are: “an imaging unit”, “an analysis unit”, “an interference intensity image acquisition unit”, “a first complex amplitude image generation unit”, “a second complex amplitude image generation unit”, “a two-dimensional phase image generation unit”, “a three-dimensional phase image generation unit”, “a phase conjugate operation unit”, “a refractive index distribution calculation unit”, “a third complex amplitude image generation unit”, and “a phase conjugate operation unit”, in claims 1-20.
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 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 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 them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a computer program (MPEP 2106.03). A claim directed to a computer program, per se, is a claim that is not directed to one of the four statutory categories of invention, and is therefore rejected as being directed to non-statutory subject matter. (In re Ferguson, 558 F.3d 1359, 1364, 90 USPQ2d 1035, 1039-40 (Fed. Cir. 2009); Gottschalk v. Benson, 409 U.S. at 72, 175 USPQ at 676-77.)
Further, the claim does not fall within at least one of the four categories of patent eligible subject matter because the claim is drawn to a signal or computer readable storage medium (MPEP 2106.03). As there is no limitation as to what the signal or computer readable medium entails, in its broadest reasonable interpretation, the computer readable medium can cover transitory media such as a signal per se. As signals are not a process, machine, manufacture, or composition of matter, a claim directed merely to a computer readable medium is directed to non-statutory subject matter. (Mentor Graphics Corp. v. EVE-USA, Inc., 851 F.3d 1275, 1294, 112 USPQ2d 1120, 1133 (Fed. Cir. 2017); In re Nuijten, 500 F.3d 146, 1356-57 (Fed. Cir. 2007)).
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.
Claim(s) 1-4, 6-12 and 14-20 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent 8,848,199 to Choi et al.
In regards to claims 1, 3-4, 6-9, 11-12 and 14-18, Choi discloses and shows in Figures 1, 7, 15 and 18, an observation apparatus and method comprising:
an interference optical system (10, 110, 210) configured to split light output from a light source (12) into object light (14) and reference light (16), irradiate an observation object (25) moving along a first direction with the object light, and combine (40) and output the object light passed through the observation object and the reference light (col. 1, ll. 54 to col. 3, ll. 20; col. 4, ll. 52 to col. 5, ll. 9; col. 18, ll. 4 to col. 19, ll. 31; wherein a Mach-Zehnder interferometer is utilized to obtain interference fringes of a sample under test);
a frequency shifter (28) provided on an optical path of the object light or the reference light from splitting to combining in the interference optical system, and configured to set respective optical frequencies of the object light and the reference light different from each other by a heterodyne frequency (col. 4, ll. 52 to col. 5, ll. 9; col. 18, ll. 65-68; wherein a plurality of acousto-optic modulators are utilized to obtain a desired heterodyne frequency shift);
an imaging unit (42) having an imaging plane configured to receive the object light and the reference light output from the interference optical system, and configured to image an interference intensity image generated by interference between the object light and the reference light on the imaging plane, and output time series data of the interference intensity image (col. 2, ll. 27-68; col. 4, ll. 52 to col. 5, ll. 9; col. 5, ll. 39-52; wherein a CCD or CMOS detector is utilized to obtain time-dependent interference patterns); and
an analysis unit (100) configured to perform analysis based on the time series data of the interference intensity image (col. 2, ll. 17-27; col. 5, ll. 1-9; wherein a computer is utilized as a system processor and analyzer), wherein the interference optical system includes:
an irradiation optical system configured to, when the observation object is irradiated with the object light, focus (220) the object light and irradiate a line-shaped region extending in a second direction perpendicular to the first direction in the observation object with the object light (col. 18, ll. 4-68; wherein a cylindrical lens is utilized to focus the object beam into a line-shape); and
an imaging optical system (26, 52, 40, 224, 226, 231, 232, 238) configured to, when the object light passed through the observation object is guided to the imaging plane, set a positional relationship of Fourier transform between the observation object and the imaging plane in the first direction, and set a positional relationship conjugate to each other between the observation object and the imaging plane in the second direction (col. 2, ll. 52 to col. 3, ll. 19; col. 9, ll. 41-61; col. 18. ll. 4-68; wherein a plurality of lenses and beamsplitters are utilized to obtain a desired system imaging configuration), and
wherein the object light and the reference light are incident on the imaging plane coaxially with each other (Figure 18) (col. 18, 4 to col. 19, ll. 68), and
the analysis unit is configured to generate a complex differential interference image (Figures 2D, 2E, 3C-J) of each of a plurality of positions and a plurality of light irradiation directions when performing focused irradiation of the object light on the observation object by the irradiation optical system based on the time series data of the interference intensity image, and generate a three-dimensional phase image (Figures 3A, 3B, 14J-14M) of the observation object based on the complex differential interference image (col. 1, ll. 54 to col. 3, ll. 20; col. 5, ll. 1-9; col. 9, ll. 25 to col. 10, ll. 43; col. 18, ll. 4 to col. 19, ll. 68; wherein phase-shifting interferometry techniques are utilized to obtain a plurality of amplitude images and a plurality of phase images, which are additionally processed to obtain a desired 3D tomographic image of a sample);
[claims 3 and 11] wherein the analysis unit (100) (col. 2, ll. 17-27; col. 5, ll. 1-9; wherein all of the “units” below, may be implemented as a portion or program of the computer) includes:
an interference intensity image acquisition unit configured to acquire the time series data of the interference intensity image from the imaging unit (col. 4, ll. 52 to col. 5, ll. 9; col. 9, ll. 62 to col. 10, ll. 25);
a first complex amplitude image generation unit configured to generate, for each of the plurality of light irradiation directions, a complex amplitude image based on the time series data of the interference intensity image (col. 5, ll. 38-52; col. 9, ll. 41 to col. 10, ll. 25; col. 14, ll. 56-68; wherein the obtained interference patterns are processed by well-known Phase Shifting Interferometry (PSI) methods, which include performing Fourier transforms to obtain complex phase and amplitude images);
a second complex amplitude image generation unit configured to generate, for each of the plurality of light irradiation directions, a complex amplitude image at each of the plurality of positions based on the complex amplitude image generated by the first complex amplitude image generation unit (col. 14, ll. 56-68; wherein the obtained interference patterns are processed by well-known Phase Shifting Interferometry (PSI) methods, which include performing Fourier transforms and inverse Fourier transforms to obtain complex phase and amplitude images);
a two-dimensional phase image generation unit configured to generate, for each of the plurality of positions, the complex differential interference image of each of the plurality of light irradiation directions based on the complex amplitude image of each of the plurality of light irradiation directions, and generate a two-dimensional phase image based on the complex differential interference image of each of the plurality of light irradiation directions (col. 8, ll. 1-4; col. 12, ll. 23-29; col. 17, ll. 57 to col. 18, ll. 4; wherein a plurality of tomographic images are obtained at different depths and focal points throughout the sample); and
a three-dimensional phase image generation unit configured to generate the three-dimensional phase image based on the two-dimensional phase image at each of the plurality of positions (col. 1, ll. 62-68; col. 8, ll. 1-4; col. 9, ll. 25-40; wherein 3D tomographic images are obtained for a sample);
[claims 4 and 12] further comprising: a two-dimensional phase image generation unit configured to divide, for each of the plurality of positions, the complex amplitude image of each of the plurality of light irradiation directions into a plurality of batches, correct a phase of the complex amplitude image included in the batch based on the light irradiation direction for each of the plurality of batches (col. 10, ll. 1-10; wherein measurements are corrected for noise and aberrations), and then generate a complex amplitude summation image representing a summation of the complex amplitude images after correction, generate the complex differential interference image of each of the plurality of batches based on the complex amplitude summation image of each of the plurality of batches, and generate a two-dimensional phase image based on the complex differential interference image of each of the plurality of batches (col. 8, ll. 1-4; col. 12, ll. 23-29; col. 17, ll. 57 to col. 18, ll. 4; wherein a plurality of tomographic images are obtained at different depths and focal points throughout the sample);
[claims 6 and 14] wherein the analysis unit further includes a refractive index distribution calculation unit configured to obtain a three-dimensional refractive index distribution of the observation object based on the three-dimensional phase image (col. 1, ll. 26-34; col. 1, ll. 54-68; col. 5, ll. 1-9; col. 9, ll. 25-40).
[claims 7 and 15] wherein the analysis unit includes:
an interference intensity image acquisition unit configured to acquire the time series data of the interference intensity image from the imaging unit (col. 4, ll. 52 to col. 5, ll. 9; col. 9, ll. 62 to col. 10, ll. 25);
a first complex amplitude image generation unit configured to generate, for each of the plurality of light irradiation directions, a complex amplitude image based on the time series data of the interference intensity image (col. 5, ll. 38-52; col. 9, ll. 41 to col. 10, ll. 25; col. 14, ll. 56-68; wherein the obtained interference patterns are processed by well-known Phase Shifting Interferometry (PSI) methods, which include performing Fourier transforms to obtain complex phase and amplitude images);
a second complex amplitude image generation unit configured to generate, for each of the plurality of light irradiation directions, a complex amplitude image at each of the plurality of positions between a first position and a second position based on a complex amplitude image at the first position with respect to a distance from the imaging unit along a light propagation path (col. 14, ll. 56-68; wherein the obtained interference patterns are processed by well-known Phase Shifting Interferometry (PSI) methods, which include performing Fourier transforms and inverse Fourier transforms to obtain complex phase and amplitude images);
a two-dimensional phase image generation unit configured to generate, for each of the plurality of positions, the complex differential interference image of each of the plurality of light irradiation directions based on the complex amplitude image of each of the plurality of light irradiation directions, and generate a two-dimensional phase image based on the complex differential interference image of each of the plurality of light irradiation directions (col. 8, ll. 1-4; col. 12, ll. 23-29; col. 17, ll. 57 to col. 18, ll. 4; wherein a plurality of tomographic images are obtained at different depths and focal points throughout the sample);
a three-dimensional phase image generation unit configured to generate the three-dimensional phase image between the first position and the second position based on the two-dimensional phase image at each of the plurality of positions (col. 1, ll. 62-68; col. 8, ll. 1-4; col. 9, ll. 25-40; wherein 3D tomographic images are obtained for a sample);
a refractive index distribution calculation unit configured to obtain a three-dimensional refractive index distribution of the observation object between the first position and the second position based on the three-dimensional phase image (col. 1, ll. 26-34; col. 1, ll. 54-68; col. 5, ll. 1-9; col. 9, ll. 25-40); and
a third complex amplitude image generation unit configured to generate, for each of the plurality of light irradiation directions, a complex amplitude image at the second position based on the complex amplitude image at the first position and the three-dimensional refractive index distribution (col. 5, ll. 38-52; col. 9, ll. 41 to col. 10, ll. 25; col. 14, ll. 56-68; wherein the obtained interference patterns are processed by well-known Phase Shifting Interferometry (PSI) methods, which include performing Fourier transforms and inverse Fourier transforms to obtain complex phase and amplitude images);
wherein based on the complex amplitude image generated by the first complex amplitude image generation unit, respective processing steps of the second complex amplitude image generation unit, the two-dimensional phase image generation unit, the three-dimensional phase image generation unit, the refractive index distribution calculation unit, and the third complex amplitude image generation unit are sequentially performed (col. 5, ll. 38-52; col. 9, ll. 41 to col. 10, ll. 25; col. 14, ll. 56-68);
[claims 8 and 16] wherein the two-dimensional phase image generation unit is configured to generate the two-dimensional phase image based on a summation of the complex differential interference images of the plurality of light irradiation directions (col. 8, ll. 1-4; col. 12, ll. 23-29; col. 17, ll. 57 to col. 18, ll. 4; wherein a plurality of tomographic images are obtained at different depths and focal points throughout the sample);
[claim 17] a program for causing a computer to execute the processing steps of the observation method (col. 2, ll. 17-27; col. 5, ll. 1-9);
[claim 18] a computer readable recording medium recording the program (col. 2, ll. 17-27; col. 5, ll. 1-9).
In regards to claims 2, 10 and 19-20, Choi discloses and shows in Figures 1, 7, 15 and 18, an observation apparatus and method comprising:
an interference optical system (10, 110, 210) configured to split light output from a light source (12) into object light (14) and reference light (16), irradiate an observation object (25) moving along a first direction with the object light, and combine (40) and output the object light passed through the observation object and the reference light (col. 1, ll. 54 to col. 3, ll. 20; col. 4, ll. 52 to col. 5, ll. 9; col. 18, ll. 4 to col. 19, ll. 31; wherein a Mach-Zehnder interferometer is utilized to obtain interference fringes of a sample under test);
a frequency shifter (28) provided on an optical path of the object light or the reference light from splitting to combining in the interference optical system, and configured to set respective optical frequencies of the object light and the reference light different from each other by a heterodyne frequency (col. 4, ll. 52 to col. 5, ll. 9; col. 18, ll. 65-68; wherein a plurality of acousto-optic modulators are utilized to obtain a desired heterodyne frequency shift);
an imaging unit (42) having an imaging plane configured to receive the object light and the reference light output from the interference optical system, and configured to image an interference intensity image generated by interference between the object light and the reference light on the imaging plane, and output time series data of the interference intensity image (col. 2, ll. 27-68; col. 4, ll. 52 to col. 5, ll. 9; col. 5, ll. 39-52; wherein a CCD or CMOS detector is utilized to obtain time-dependent interference patterns); and
an analysis unit (100) configured to perform analysis based on the time series data of the interference intensity image (col. 2, ll. 17-27; col. 5, ll. 1-9; wherein a computer is utilized as a system processor and analyzer), wherein the interference optical system includes:
an irradiation optical system configured to, when the observation object is irradiated with the object light, focus (220) the object light and irradiate a line-shaped region extending in a second direction perpendicular to the first direction in the observation object with the object light (col. 18, ll. 4-68; wherein a cylindrical lens is utilized to focus the object beam into a line-shape); and
an imaging optical system (26, 52, 40, 224, 226, 231, 232, 238) configured to, when the object light passed through the observation object is guided to the imaging plane, set a positional relationship of Fourier transform between the observation object and the imaging plane in the first direction, and set a positional relationship conjugate to each other between the observation object and the imaging plane in the second direction (col. 2, ll. 52 to col. 3, ll. 19; col. 9, ll. 41-61; col. 18. ll. 4-68; wherein a plurality of lenses and beamsplitters are utilized to obtain a desired system imaging configuration), and
wherein the object light and the reference light are incident on the imaging plane from directions different from each other (Figures 1, 15, 18) (col. 4, ll. 52 to col. 5, ll. 9; col. 18, 4 to col. 19, ll. 68; wherein the object is scanned over a plurality of angles; and further Figure 18 shows the reference beam being combined at a perpendicular angle to the object beam), and
the analysis unit is configured to generate a complex differential interference image (Figures 2D, 2E, 3C-J) of each of a plurality of positions and a plurality of light irradiation directions when performing focused irradiation of the object light on the observation object by the irradiation optical system based on the time series data of the interference intensity image, and generate a three-dimensional phase image (Figures 3A, 3B, 14J-14M) of the observation object based on the complex differential interference image (col. 1, ll. 54 to col. 3, ll. 20; col. 5, ll. 1-9; col. 9, ll. 25 to col. 10, ll. 43; col. 18, ll. 4 to col. 19, ll. 68; wherein phase-shifting interferometry techniques are utilized to obtain a plurality of amplitude images and a plurality of phase images, which are additionally processed to obtain a desired 3D tomographic image of a sample).
[claim 19] a program for causing a computer to execute the processing steps of the observation method (col. 2, ll. 17-27; col. 5, ll. 1-9);
[claim 20] a computer readable recording medium recording the program (col. 2, ll. 17-27; col. 5, ll. 1-9).
Allowable Subject Matter
Claims 5 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claims 5 and 13, the prior art of record, taken alone or in combination, fails to disclose or render obvious, “an observation apparatus”, wherein a phase conjugate operation unit configured to perform, before, during, or after a processing step by the second complex amplitude image generation unit, a phase conjugate operation on the complex amplitude image of each of the plurality of light irradiation directions to generate a complex amplitude image of each of the plurality of light irradiation directions when a relationship between light irradiation and imaging for the observation object is reversed; and a three-dimensional phase image generation unit configured to generate the three-dimensional phase image based on the two-dimensional phase image at each of the plurality of positions, wherein when a phase image generated based on the complex amplitude image before performing the operation by the phase conjugate operation unit is set as a first phase image, and a phase image generated based on the complex amplitude image obtained by performing the operation by the phase conjugate operation unit is set as a second phase image, out of the plurality of positions, the two-dimensional phase image generation unit is configured to generate the two-dimensional phase image mainly based on the first phase image at a position relatively close to the imaging unit, and generate the two-dimensional phase image mainly based on the second phase image at a position relatively far from the imaging unit, in combination with the rest of the limitations of the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877