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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS/IDSs) submitted on 8/8/2024, 5/22/2025, and 11/17/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS/IDSs is/are being considered by the examiner.
The Office Action listed in the 11/17/2025 has been stricken through because the machine translation provided by the applicant is of such poor quality that it cannot be considered by the examiner. As a nonlimiting example, the document contains the nonsensical phrase “the quoting bee life subject fisher” on page 6/10.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
As to claim 20, the claim is missing the word “non-transitory” and therefore could be construed as attempting to secure rights to transitory signals. The examiner recommends including the word “non-transitory” to overcome this rejection.
INDEPENDENT CLAIM 1 et seq.
Step 1: Is the Claim to a Process, Machine, Manufacture or Composition of Matter?
Claims 1-18 recite a testing apparatus. Thus, these claims are to a machine, which is one of the statutory categories of invention.
Claim 19 recites a testing method. Thus, this claim is to a process, which is one of the statutory categories of invention.
Claim 20 recites a computer-readable storage medium, which appears to include transitory signals. Thus, this claim is not to one of the statutory categories of invention. (See above.) In the interest of compact prosecution, the examiner shall provide a rejection below as if the applicant had properly claimed an apparatus including a non-transitory computer-readable storage medium.
Step 2A: Prong One: Does the Claim Recite an Abstract Idea?
Claim 1 recites:
1. A testing apparatus comprising: a light source; an electrical measurement unit which measures a photoelectric signal obtained by a test target light emitting element photoelectrically converting light radiated from the light source; and a calculation unit which calculates pseudo external quantum efficiency having a correlation with inherent external quantum efficiency of the test target light emitting element, based on irradiation intensity of light radiated from the light source to the test target light emitting element, a light emission wavelength relating to light emission of the test target light emitting element, and the photoelectric signal being measured of the test target light emitting element. [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations]
Step 2A: Prong Two: Does the Claim Recite Additional Elements That Integrate The Abstract Idea Into a Practical Application?
The elements that are not underlined above are the additional elements.
The examiner finds that each of the following additional elements does no more than generally link the use of the abstract idea to a particular technological environment or field of use:
“a light source.”
The examiner finds that each of the following additional elements merely adds insignificant extra-solution activity to the abstract idea:
“an electrical measurement unit which measures a photoelectric signal obtained by a test target light emitting element photoelectrically converting light radiated from the light source.” [the examiner finds this element to be data gathering]
The examiner finds that each of the following additional elements does no more than generally link the use of the abstract idea to a particular technological environment or field of use:
“feeding a radio frequency (RF) signal to the DUT.”
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Step 2B: Does the Claim Recite Additional Elements That Amount to Significantly More Than the Abstract Idea?
The examiner finds that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
The same analysis applies mutatis mutandis to claims 19 and 20 because they contain the same limitations directed to a method and an NTCRM, respectively.
Regarding claim 2, the additional element “the calculation unit calculates an estimation value of inherent external quantum efficiency, which is obtained from a light emission test, of the test target light emitting element from the pseudo external quantum efficiency of the test target light emitting element by using a correction coefficient based on the pseudo external quantum efficiency calculated in advance for a reference light emitting element and inherent external quantum efficiency calculated in advance for a light emission test of the reference light emitting element” further expands on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 3, the additional element “the reference light emitting element is an ideal light emitting element conforming to a design value of the test target light emitting element, or is a light emitting element that is included in a same production lot as the test target light emitting element and satisfies a predetermined acceptance reference” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 4, the additional element “the light emission wavelength relating to light emission of the test target light emitting element is a wavelength conforming to a design value of the reference light emitting element, a wavelength measured in advance by the light emission test of the reference light emitting element, or a wavelength conforming to a design value of the test target light emitting element does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 5, the additional element “a light emission control unit which causes the reference light emitting element to emit light” not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use;
the additional element “a light measurement unit which measures a wavelength and light emission intensity of light emitted from the reference light emitting element, wherein the calculation unit” does not amount to significantly more than the abstract idea because it is insignificant extra-solution activity (data gathering); and
the additional elements “calculates the pseudo external quantum efficiency of the reference light emitting element based on the irradiation intensity of light radiated from the light source to the reference light emitting element, the wavelength of the reference light emitting element measured as the light emission wavelength relating to light emission of the test target light emitting element, and the photoelectric signal being measured of the reference light emitting element,
calculates the inherent external quantum efficiency of the reference light emitting element based on the wavelength and the light emission intensity being measured of the reference light emitting element and current input to the reference light emitting element by the light emission control unit, and
calculates the correction coefficient by dividing the pseudo external quantum efficiency by the inherent external quantum efficiency” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 6, the additional element “an optical system which irradiates the reference light emitting element with light incident from the light source in one direction, and irradiates the light measurement unit with light incident from the reference light emitting element in another direction” does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 7, the additional element “the electrical measurement unit measures the photoelectric signal obtained by each of a plurality of test target light emitting elements photoelectrically converting light collectively radiated from the light source” does not amount to significantly more than the abstract idea because it is insignificant extra-solution activity (data gathering); and
the additional elements “the calculation unit calculates the pseudo external quantum efficiency of each of the plurality of test target light emitting elements based on the irradiation intensity of light radiated from the light source to the plurality of test target light emitting elements, the light emission wavelength relating to light emission of the plurality of test target light emitting elements, and the photoelectric signal measured for each of the plurality of test target light emitting elements” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 8, the additional element “the electrical measurement unit measures the photoelectric signal obtained by each of a plurality of test target light emitting elements photoelectrically converting light collectively radiated from the light source” does not amount to significantly more than the abstract idea because it is insignificant extra-solution activity (data gathering); and
the additional element “the calculation unit calculates the pseudo external quantum efficiency of each of the plurality of test target light emitting elements based on the irradiation intensity of light radiated from the light source to the plurality of test target light emitting elements, the light emission wavelength relating to light emission of the plurality of test target light emitting elements, and the photoelectric signal measured for each of the plurality of test target light emitting elements” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 9, the additional element “the electrical measurement unit measures the photoelectric signal obtained by each of a plurality of test target light emitting elements photoelectrically converting light collectively radiated from the light source” does not amount to significantly more than the abstract idea because it is insignificant extra-solution activity (data gathering); and
the additional element “the calculation unit calculates the pseudo external quantum efficiency of each of the plurality of test target light emitting elements based on the irradiation intensity of light radiated from the light source to the plurality of test target light emitting elements, the light emission wavelength relating to light emission of the plurality of test target light emitting elements, and the photoelectric signal measured for each of the plurality of test target light emitting elements” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 10, the additional element “the electrical measurement unit measures the photoelectric signal obtained by each of a plurality of test target light emitting elements photoelectrically converting light collectively radiated from the light source” does not amount to significantly more than the abstract idea because it is insignificant extra-solution activity (data gathering); and
the additional element “the calculation unit calculates the pseudo external quantum efficiency of each of the plurality of test target light emitting elements based on the irradiation intensity of light radiated from the light source to the plurality of test target light emitting elements, the light emission wavelength relating to light emission of the plurality of test target light emitting elements, and the photoelectric signal measured for each of the plurality of test target light emitting elements” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 11, the additional element “the electrical measurement unit measures the photoelectric signal obtained by each of a plurality of test target light emitting elements photoelectrically converting light collectively radiated from the light source” does not amount to significantly more than the abstract idea because it is insignificant extra-solution activity (data gathering); and
the additional element “the calculation unit calculates the pseudo external quantum efficiency of each of the plurality of test target light emitting elements based on the irradiation intensity of light radiated from the light source to the plurality of test target light emitting elements, the light emission wavelength relating to light emission of the plurality of test target light emitting elements, and the photoelectric signal measured for each of the plurality of test target light emitting elements” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 12, the additional element “the electrical measurement unit measures the photoelectric signal obtained by each of a plurality of test target light emitting elements photoelectrically converting light collectively radiated from the light source” does not amount to significantly more than the abstract idea because it is insignificant extra-solution activity (data gathering); and
the additional element “the calculation unit calculates the pseudo external quantum efficiency of each of the plurality of test target light emitting elements based on the irradiation intensity of light radiated from the light source to the plurality of test target light emitting elements, the light emission wavelength relating to light emission of the plurality of test target light emitting elements, and the photoelectric signal measured for each of the plurality of test target light emitting elements” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 13, the additional elements “the calculation unit calculates an estimation value of inherent external quantum efficiency, which is obtained from a light emission test, of each of the plurality of test target light emitting elements from the pseudo external quantum efficiency of each of the plurality of test target light emitting elements by using a correction coefficient based on the pseudo external quantum efficiency calculated in advance for a reference light emitting element and inherent external quantum efficiency calculated in advance for a light emission test of the reference light emitting element” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 14, the additional elements “the calculation unit calculates an estimation value of inherent external quantum efficiency, which is obtained from a light emission test, of each of the plurality of test target light emitting elements from the pseudo external quantum efficiency of each of the plurality of test target light emitting elements by using a correction coefficient based on the pseudo external quantum efficiency calculated in advance for a reference light emitting element and inherent external quantum efficiency calculated in advance for a light emission test of the reference light emitting element” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 15, the additional elements “the calculation unit calculates an estimation value of inherent external quantum efficiency, which is obtained from a light emission test, of each of the plurality of test target light emitting elements from the pseudo external quantum efficiency of each of the plurality of test target light emitting elements by using a correction coefficient based on the pseudo external quantum efficiency calculated in advance for a reference light emitting element and inherent external quantum efficiency calculated in advance for a light emission test of the reference light emitting element” further expand on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 16, the additional element “the calculation unit uses the correction coefficient varying depending on a production lot including the plurality of test target light emitting elements” further expands on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 17, the additional element “a determination unit which determines quality of each of the plurality of test target light emitting elements based on the estimation value of the inherent external quantum efficiency of each of the plurality of test target light emitting elements” further expands on the abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 18, the additional element “a light emission control unit which causes the plurality of test target light emitting elements to collectively emit light” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use;
the additional element “a light measurement unit which measures, as the light emission wavelength relating to light emission of the plurality of test target light emitting elements, a wavelength of combined light obtained by combining light emitted from each of the plurality of test target light emitting elements” does not amount to significantly more than the abstract idea because it is insignificant extra-solution activity (data gathering); and
the additional element “an optical system which irradiates the plurality of test target light emitting elements with light incident from the light source in one direction, and irradiates the light measurement unit with combined light obtained by combining light incident from each of the plurality of test target light emitting elements in another direction” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Claim Rejections - 35 USC § 102
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 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, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent No. 20220276090 to Hasegawa et al.
Regarding claim 1, Hasegawa teaches a testing apparatus comprising:
a light source (120);
an electrical measurement unit (130) which measures a photoelectric signal obtained by a test target light emitting element photoelectrically converting light radiated from the light source (¶ [0027]); and
a calculation unit (140) which calculates pseudo external quantum efficiency having a correlation with inherent external quantum efficiency of the test target light emitting element, based on irradiation intensity of light radiated from the light source to the test target light emitting element, a light emission wavelength relating to light emission of the test target light emitting element, and the photoelectric signal being measured of the test target light emitting element (¶¶ [0037] & [0040]).
Regarding claim 19, Hasegawa teaches a testing method comprising:
irradiating a test target light emitting element with light emitted from a light source (120);
measuring a photoelectric signal obtained by the test target light emitting element photoelectrically converting radiated light (¶ [0027]); and
calculating pseudo external quantum efficiency having a correlation with inherent external quantum efficiency of the test target light emitting element, based on irradiation intensity of light radiated from the light source to the test target light emitting element, a light emission wavelength relating to light emission of the test target light emitting element, and the photoelectric signal being measured of the test target light emitting element (¶¶ [0037] & [0040]).
Regarding claim 20, Hasegawa teaches a computer-readable storage medium having stored therein a program for causing a testing apparatus, which tests a light emitting element, to execute:
irradiating a test target light emitting element with light emitted from a light source (120);
measuring a photoelectric signal obtained by the test target light emitting element photoelectrically converting radiated light (¶ [0027]); and
calculating pseudo external quantum efficiency having a correlation with inherent external quantum efficiency of the test target light emitting element, based on irradiation intensity of light radiated from the light source to the test target light emitting element, a light emission wavelength relating to light emission of the test target light emitting element, and the photoelectric signal being measured of the test target light emitting element (¶¶ [0037] & [0040]).
Allowable Subject Matter
Claims 2-18 would be allowable if § 101 rejections above were resolved favorably and their limitations were incorporated into the independent claims on which they depend. The prior art of record does not teach or fairly suggest:
in claim 2, “wherein the calculation unit calculates an estimation value of inherent external quantum efficiency, which is obtained from a light emission test, of the test target light emitting element from the pseudo external quantum efficiency of the test target light emitting element by using a correction coefficient based on the pseudo external quantum efficiency calculated in advance for a reference light emitting element and inherent external quantum efficiency calculated in advance for a light emission test of the reference light emitting element,” and
in claim 7, “wherein the electrical measurement unit measures the photoelectric signal obtained by each of a plurality of test target light emitting elements photoelectrically converting light collectively radiated from the light source, and the calculation unit calculates the pseudo external quantum efficiency of each of the plurality of test target light emitting elements based on the irradiation intensity of light radiated from the light source to the plurality of test target light emitting elements, the light emission wavelength relating to light emission of the plurality of test target light emitting elements, and the photoelectric signal measured for each of the plurality of test target light emitting elements,”
in combination with all other limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent App. Pub. No. 20190004105 to Henley discloses LED arrays which are functionally tested by injecting current via a displacement current coupling device using a field plate comprising of an electrode and insulator placed in close proximity to the LED array.
United States Patent App. Pub. No. 20190170578 to Osawa et al. discloses an optical characteristic measurement system including a first detection element arranged in a housing; a first cooling unit at least partially joined to the first detection element that cools the detection element; and a suppression mechanism that suppresses temperature variations occurring around the detection element in the housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert P Alejnikov whose telephone number is (571)270-5164. The examiner can normally be reached 10:00a-6:00p M-F.
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/ROBERT P ALEJNIKOV JR/Examiner, Art Unit 2857
/ARLEEN M VAZQUEZ/Supervisory Patent Examiner, Art Unit 2857