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 Objections
Claim 18 is objected to because of the following informalities:
In claim 18, “An system, comprising” should be “A system, comprising”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 16 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 12, from which claim 16 depends, recites “ a workpiece holder operable to hold a semiconductor workpiece…” Claim 16’s limitation must narrow , not contradict or expand beyond claim 12’s limitations. Claim 16 recites “wherein the semiconductor workpiece is one of a sapphire workpiece, a glass workpiece, a moissanite workpiece, a diamond workpiece, a quartz workpiece, or an alumina workpiece”. However, sapphire, glass, alumina and quartz are widely recognized as dielectric/insulated materials, not semiconductors. For examination purposes, claim 16 would be interpreted as “wherein the semiconductor workpiece is one of a moissanite workpiece, a diamond workpiece”.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-5 and 18-19 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Tixier (US 20160282277 A1).
Regarding claim 1, Tixier teaches a method, comprising: providing, from one or more electromagnetic radiation sources, emission of one or more electromagnetic radiation signals to a workpiece (174, fig. 4) such that each of the one or more electromagnetic radiation signals are at least partially transmitted through the workpiece ([0034]-[0035], fig. 4); reflecting, with one or more reflectors (164, 184), the one or more electromagnetic radiation signals back through the workpiece such that the one or more electromagnetic radiation signals are transmitted through the workpiece a plurality of transmission instances ([0034]-[0035], fig. 4); and receiving the one or more electromagnetic radiation signals at least one detector (160) ([0034]-[0035], fig. 4)).
Regarding claim 2, Tixier teaches the method of claim 1, further comprising: modifying a fabrication process associated with the workpiece based at least in part on the one or more electromagnetic radiation signals received at the at least one detector (Abstract, [0038] controlling the production of multilayer films to assure that each layer in the film has the proper thickness or weight (gsm) so that the multilayer film has the right combination of properties).
Regarding claim 3, Tixier teaches the method of claim 1, further comprising: determining a spectroscopy metric for the workpiece based at least in part on the one or more electromagnetic radiation signals received at the at least one detector ([0015], [0034]).
Regarding claim 4, Tixier teaches the method of claim 3, wherein the spectroscopy metric comprises one or more of: an optical absorption metric of the workpiece ([0018]); an optical density of the workpiece; a transmittance of the workpiece; or an optical reflectance of the workpiece.
Regarding claim 5, Tixier teaches the method of claim 1, wherein a transmission instance corresponds to each instance the one or more electromagnetic radiation signals at least partially transmit through the workpiece, and wherein each transmission instance of the plurality of transmission instances occurs at a different location on the workpiece ([0034]-[0035], [0037] the workpiece and the scanner are moving, therefore there each transmission each transmission instance of the plurality of transmission instances occurs at a different location on the workpiece and shown in fig. 4).
Regarding claim 18, Tixier teaches a system, comprising: a reflective structure comprising one or more reflectors (164, 174) ([0034]-[0035], fig. 4); one or more light sources (158) operable to provide one or more light signals through a first channel (176) of the reflective structure ([0034]-[0035], fig. 4); a workpiece holder (there is inherently a holder for the workpiece) operable to hold a workpiece (174) in an optical path of the one or more light sources such that each of the one or more light signals at least partially transmit through the workpiece for a plurality of transmission instances ([0034]-[0035], fig. 4); and one or more detectors (160) operable to receive the one or more light signals through a second channel (186) of the reflective structure subsequent to the plurality of transmission instances ([0034]-[0035], fig. 4).
Regarding claim 19, Tixier teaches the system of claim 18, further comprising: one or more processors (computer) configured to determine a spectroscopy metric for the workpiece based at least in part on the one or more light signals received by the one or more detectors, the spectroscopy metric comprising one or more of an optical absorption metric for the workpiece ([0018], [0039]), an optical density of the workpiece, a transmittance of the workpiece, or an optical reflectance of the workpiece
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tixier (US 20160282277 A1) in view of Witkins (US20130188170A1).
Regarding claim 6, Tixier teaches the method of claim 5, but fails to disclose wherein a first plurality of transmission instances of the plurality of transmission instances occurs at a first location on the workpiece and a second plurality of transmission instances of the plurality of transmission instances occurs at a second location on the workpiece.
However, Witkins, which relates to optical sensing/measurement of material via electromagnetic radiation transmitted/reflected through the material and is thus from the same field of endeavor as Tixier, teaches wherein a first plurality of transmission instances of the plurality of transmission instances occurs at a first location (first plane) on the workpiece (fluid) and a second plurality of transmission instances of the plurality of transmission instances occurs at a second location (second plane) on the workpiece ([0029]).
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 Tixier by incorporating wherein a first plurality of transmission instances of the plurality of transmission instances occurs at a first location on the workpiece and a second plurality of transmission instances of the plurality of transmission instances occurs at a second location on the workpiece for rapid simultaneous or substantially simultaneous detection (Wilkins [0016]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tixier (US 20160282277 A1) in view of Bossen (US 5276327 A).
Regarding claim 7, Tixier teaches the method of claim 5, but fails to disclose wherein receiving the one or more electromagnetic radiation signals at the at least one detector comprises: subsequent to a first plurality of transmission instances of the plurality of transmission instances, determining one or more characteristics of the workpiece at a first location of the workpiece based at least in part on one or more electromagnetic radiation signals received at a first detector, the first plurality of transmission instances occurring at the first location; subsequent to a second plurality of transmission instances of the plurality of transmission instances, determining one or more characteristics of the workpiece at a second location of the workpiece based at least in part on one or more electromagnetic radiation signals received at a second detector, the second plurality of transmission instances occurring at the second location; and determining a characteristic distribution across the workpiece based at least in part on the one or more characteristics at the first location and the one or more characteristics at the second location.
However, Bossen, which relates to optical sensing/measurement of material via electromagnetic radiation transmitted/reflected through the material and is thus from the same field of endeavor as Tixier, teaches wherein receiving the one or more electromagnetic radiation signals at the at least one detector comprises: subsequent to a first plurality of transmission instances of the plurality of transmission instances, determining one or more characteristics of the workpiece (18) at a first location of the workpiece based at least in part on one or more electromagnetic radiation signals received at a first detector (90), the first plurality of transmission instances occurring at the first location (col. 5, lines 5-34, claim 1, figs, 2 and 9 show two detector apertures at distinct locations); subsequent to a second plurality of transmission instances of the plurality of transmission instances, determining one or more characteristics of the workpiece at a second location of the workpiece based at least in part on one or more electromagnetic radiation signals received at a second detector, the second plurality of transmission instances occurring at the second location (col. 5, lines 5-34, claim 1, figs, 2 and 9 show two detector apertures 37 and 47 at distinct locations); and determining a characteristic distribution across the workpiece based at least in part on the one or more characteristics at the first location and the one or more characteristics at the second location (col. 18, lines 17-23, claims 3 and 4).
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 Tixier by incorporating wherein receiving the one or more electromagnetic radiation signals at the at least one detector comprises: subsequent to a first plurality of transmission instances of the plurality of transmission instances, determining one or more characteristics of the workpiece at a first location of the workpiece based at least in part on one or more electromagnetic radiation signals received at a first detector, the first plurality of transmission instances occurring at the first location; subsequent to a second plurality of transmission instances of the plurality of transmission instances, determining one or more characteristics of the workpiece at a second location of the workpiece based at least in part on one or more electromagnetic radiation signals received at a second detector, the second plurality of transmission instances occurring at the second location; and determining a characteristic distribution across the workpiece based at least in part on the one or more characteristics at the first location and the one or more characteristics at the second location to provide accurate measurement (Bossen: Col. 2, line 5).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tixier (US 20160282277 A1) in view of Pettit (US 5821536 A)
Regarding claim 8, Tixier teaches the method of claim 1, but fails to disclose wherein providing emission of the one or more electromagnetic radiation signals to the workpiece comprises: providing, from a first electromagnetic radiation source, emission of a first electromagnetic radiation signal; and providing, from a second electromagnetic radiation source, emission of a second electromagnetic radiation signal, wherein each of the first electromagnetic radiation signal and the second electromagnetic radiation signal are at least partially transmitted through the workpiece for the plurality of transmission instances.
However, Pettit, which relates to optical sensing/measurement of material via electromagnetic radiation transmitted/reflected through the material and is thus from the same field of endeavor as Tixier, teaches wherein providing emission of the one or more electromagnetic radiation signals to the workpiece (118) comprises: providing, from a first electromagnetic radiation source (400), emission of a first electromagnetic radiation signal; and providing, from a second electromagnetic radiation source (402), emission of a second electromagnetic radiation signal, wherein each of the first electromagnetic radiation signal and the second electromagnetic radiation signal are at least partially transmitted through the workpiece for the plurality of transmission instances (fig. 4, col. 9, lines 21-51).
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 Tixier by incorporating wherein providing emission of the one or more electromagnetic radiation signals to the workpiece comprises: providing, from a first electromagnetic radiation source, emission of a first electromagnetic radiation signal; and providing, from a second electromagnetic radiation source, emission of a second electromagnetic radiation signal, wherein each of the first electromagnetic radiation signal and the second electromagnetic radiation signal are at least partially transmitted through the workpiece for the plurality of transmission instances in order to provide the flexibility to choose a desired wavelength (Petit: col. 9, lines 21-51).
Regarding claim 9, Tixier, when modified by Pettit, teaches the method of claim 8, but fails to disclose wherein providing emission of the one or more electromagnetic radiation signals to the workpiece further comprises: providing, from a third electromagnetic radiation source, emission of a third electromagnetic radiation signal, wherein the third electromagnetic radiation signal is at least partially transmitted through the workpiece for the plurality of transmission instances.
However, providing, from a third electromagnetic radiation source, emission of a third electromagnetic radiation signal, wherein the third electromagnetic radiation signal is at least partially transmitted through the workpiece for the plurality of transmission instances is a mere duplication of parts. Mere duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 (VI)).
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 Tixier and Pettit by incorporating wherein providing emission of the one or more electromagnetic radiation signals to the workpiece further comprises: providing, from a third electromagnetic radiation source, emission of a third electromagnetic radiation signal, wherein the third electromagnetic radiation signal is at least partially transmitted through the workpiece for the plurality of transmission instances in order to provide predictable results of flexibility and improved measurement accuracy.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tixier (US 20160282277 A1) in view of Pettit (US 5821536 A), further in view of Bossen (US 5276327 A).
Regarding claim 10, Tixier, when modified by Pettit, teaches the method of claim 9, but fails to disclose wherein: the first electromagnetic radiation source is an infrared (IR) radiation source emitting one or more electromagnetic radiation signals in an IR spectral band, the first electromagnetic radiation signal having a wavelength within the IR spectral band; the second electromagnetic radiation source is a visible light radiation source emitting one or more electromagnetic radiation signals in a visible light spectral band, the second electromagnetic radiation signal having a wavelength within the visible light spectral band; and the third electromagnetic radiation source is an ultraviolet (UV) radiation source emitting one or more electromagnetic radiation signals in a UV spectral band, the third electromagnetic radiation signal having a wavelength within the UV spectral band.
However, using infrared (IR) radiation, visible and ultraviolet (UV) to measure optical characteristics of light-transmissive materials is well known as disclosed by Bossen (col. 4, lines 12-25).
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 Tixier and Pettit by incorporating wherein: the first electromagnetic radiation source is an infrared (IR) radiation source emitting one or more electromagnetic radiation signals in an IR spectral band, the first electromagnetic radiation signal having a wavelength within the IR spectral band; the second electromagnetic radiation source is a visible light radiation source emitting one or more electromagnetic radiation signals in a visible light spectral band, the second electromagnetic radiation signal having a wavelength within the visible light spectral band; and the third electromagnetic radiation source is an ultraviolet (UV) radiation source emitting one or more electromagnetic radiation signals in a UV spectral band, the third electromagnetic radiation signal having a wavelength within the UV spectral band in order to provide much accurate measurement.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tixier (US 20160282277 A1) in view of Shields (US5899959A).
Regarding claim 11, Tixier teaches the method of claim 1, but fails to disclose further comprising: determining a presence of one or more surface features of the workpiece based at least in part on the one or more electromagnetic radiation signals received at the at least one detector, wherein the one or more surface features comprising one or more of a surface roughness of the workpiece, a parallelism of the workpiece, or an optical wedge on one or more surfaces of the workpiece.
However, Shields, which relates to optical sensing/measurement of material via electromagnetic radiation transmitted/reflected through the material and is thus from the same field of endeavor as Tixier, teaches determining a presence of one or more surface features of the workpiece (paper) based at least in part on the one or more electromagnetic radiation signals received at the at least one detector, wherein the one or more surface features comprising one or more of a surface roughness of the workpiece, a parallelism of the workpiece, or an optical wedge on one or more surfaces of the workpiece (col. 5, lines 48-55, col. 6, lines 38-45)
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 Tixier by incorporating further comprising: determining a presence of one or more surface features of the workpiece based at least in part on the one or more electromagnetic radiation signals received at the at least one detector, wherein the one or more surface features comprising one or more of a surface roughness of the workpiece, a parallelism of the workpiece, or an optical wedge on one or more surfaces of the workpiece in order to provide additional process-control feedback on the condition of the web material in order to achieve a consistently high quality paper product (Shields: col. 1, lines 42-43).
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tixier (US 20160282277 A1) in view of Lu (2021. Simulation of infrared spectra of trace impurities in silicon wafers based on the multiple transmission–reflection infrared method. Scientific Reports, 11(1), p.1254.)
Regarding claim 12, Tixier teaches a system, comprising: one or more light sources (158) operable to provide one or more light signals ([0034]-[0035], fig. 4); a workpiece holder (there is inherently a holder for the workpiece) operable to hold a workpiece (174) in an optical path of the one or more light sources such that each of the one or more light signals are at least partially transmitted through the workpiece for a plurality of transmission instances ([0034]-[0035], fig. 4); and one or more detectors (160) operable to receive the one or more light signals subsequent to the plurality of transmission instances ([0034]-[0035], fig. 4), but fails to disclose a semiconductor workpiece.
However, Lu, which relates to optical sensing/measurement of material via electromagnetic radiation transmitted/reflected through the material and is thus from the same field of endeavor as Tixier, teaches a semiconductor workpiece (silicon wafer) (page 1).
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 Tixier by incorporating a semiconductor workpiece for quality control and process monitoring.
Regarding claim 13, Regarding claim 10, Tixier, when modified by Lu, teaches the system of claim 12, further comprising a measurement system, the measurement system comprising one or more reflectors (164 and 184) in the optical path of the one or more light sources (Tixier: [0034]-[0035], fig. 4)
Regarding claim 14, Tixier, when modified by Lu, teaches the system of claim 13, wherein the measurement system comprises a first reflector (164) in parallel with a second reflector (184), and wherein the workpiece holder is between the first reflector and the second reflector (Tixier: [0035], fig. 4).
Regarding claim 15, Tixier, when modified by Lu, teaches the system of claim 15, wherein the one or more light sources are operable to provide the one or more light signals to the measurement system through a channel (26) in the first reflector (14), each of the one or more light signals at least partially transmitting through the semiconductor workpiece and reflecting off the second reflector (34), and wherein, subsequent to the plurality of transmission instances, the one or more detectors (10) are operable to receive the one or more light signals through a channel (36) in the second reflector ([0023]-[0024], fig, 1).
Regarding claim 16, Tixier, when modified by Lu, teaches the system of claim 12, but fails to disclose wherein the semiconductor workpiece is one of a sapphire workpiece, a glass workpiece, a moissanite workpiece, a diamond workpiece, a quartz workpiece, or an alumina workpiece.
However, both Tixier ([0034]: light transmissive material 174) and Lu (page 1: light passes through different parts of the silicon chip several times) use transparent workpieces.
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 Tixier and Lu by incorporating wherein the semiconductor workpiece is one of a sapphire workpiece, a glass workpiece, a moissanite workpiece, a diamond workpiece, a quartz workpiece, or an alumina workpiece for quality control and process monitoring.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Tixier (US 20160282277 A1) in view of Lu (2021. Simulation of infrared spectra of trace impurities in silicon wafers based on the multiple transmission–reflection infrared method. Scientific Reports, 11(1), p.1254.), further in view of Bossen (US 5276327 A).
Regarding claim 17, Tixier, when modified by Lu, teaches the system of claim 12, wherein the one or more light sources emit electromagnetic radiation across: an infrared (IR) wavelength band, the IR wavelength band comprising wavelengths in a range of about 750 nanometers to about 25 microns (Tixier: [0012], [0022]); a visible light wavelength band, the visible light wavelength band comprising wavelengths in a range of about 400 nanometers to about 750 nanometers (Tixier: [0012]) but fails to disclose wherein an ultraviolet (UV) wavelength band, the UV wavelength band comprising wavelengths in a range of about 1 nanometer to about 400 nanometers
However, Bossen teaches an ultraviolet (UV) wavelength band, the UV wavelength band comprising wavelengths in a range of about 1 nanometer to about 400 nanometers (col. 4, lines 12-25).
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 Tixier and Lu by incorporating an ultraviolet (UV) wavelength band, the UV wavelength band comprising wavelengths in a range of about 1 nanometer to about 400 nanometers in order to provide much accurate measurement.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Tixier (US 20160282277 A1).
Regarding claim 20, Tixier teaches the system of claim 18, but fails to disclose wherein the one or more light sources comprise: at least one blue laser emitting one or more light signals in a blue spectral band, the blue spectral band comprising wavelengths in a range of about 400 nanometers to about 500 nanometers; at least one green laser emitting one or more light signals in a green spectral band, the green spectral band comprising wavelengths in a range of about 500 nanometers to about 570 nanometers; and at least one red laser emitting one or more light signals in a red spectral band, the red spectral band comprising wavelengths in a range of about 620 nanometers to about 750 nanometers.
However, Tixier teaches emitting radiation from visible to infrared ([0012]), and using blue, Red and green lasers to characterize a workpiece is well known in the art.
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 Tixier by incorporating wherein the one or more light sources comprise: at least one blue laser emitting one or more light signals in a blue spectral band, the blue spectral band comprising wavelengths in a range of about 400 nanometers to about 500 nanometers; at least one green laser emitting one or more light signals in a green spectral band, the green spectral band comprising wavelengths in a range of about 500 nanometers to about 570 nanometers; and at least one red laser emitting one or more light signals in a red spectral band, the red spectral band comprising wavelengths in a range of about 620 nanometers to about 750 nanometers in order to provide desired specific characteristics of a workpiece.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED DOUMBIA whose telephone number is (571)272-8266. The examiner can normally be reached M-F 8:30-5:00 PM ET.
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/MOHAMED DOUMBIA/ Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/ Supervisory Patent Examiner, Art Unit 2877
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