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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, an image obtaining module (Claim 10)(no reference number provided in drawings); a position-brightness relationship construction module (Claim 10)(no reference number provided in drawings); a contrast calculation module (Claim 10)(no reference number provided in drawings), a key dimension calculation module (Claim 10)(no reference number provided in drawings) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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) is/are: an image obtaining module (Claim 10); a position-brightness relationship construction module (Claim 10); a contrast calculation module (Claim 10); a key dimension calculation module (Claim 10).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/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 it/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 it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 is indefinite because the claim limitations of a “image obtaining module”, “position brightness relationship construction module”, “contrast calculation module”, “key dimension calculation module” fails to provide any structure associated with the claimed modules, therefore making the claim indefinite.
Claim limitations “image obtaining module”, “position-brightness relationship construction module”, “contrast calculation module”, “key dimension calculation module” (See Claim 10) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. There is no way to determine the metes and bounds of this limitation, since there are no limits imposed by structure, material or acts. And can therefore be performed by any means capable of performing the function, both known and unknown. Therefore, claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As discussed above, claim 10 is indefinite for failure to disclose adequate structure in the specification. Because there is inadequate disclosure of the claimed invention, the inventor has also not provided sufficient disclosure to show possession of the invention. Correction is required.
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, 5-6, 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 116297337.
Claim 1
CN 116297337 discloses a method for determining a key dimension (Abstract; judging the number of two-dimensional material layers) of low-dimensional materials (two-dimensional material) by optical scattering (Abstract; dark field optical imaging technology system; collecting scattered light), comprising: controlling a light source to be obliquely incident onto a low-dimensional material to be observed and a substrate at a set angle (Page 3, Para. 4 of translation; light generated by the light source is obliquely incident on the observed two-dimensional material sample and substrate), wherein the set angle is able to enable a light receiving device located above or below the low-dimensional material to be observed to only receive light scattered by the low-dimensional (two-dimensional) material to be observed (Page 3, Para. 5; the optical information receiving device of dark field optical imaging technology system collects the scattered light of the two-dimensional material sample layer number change area); converting the received scattered light into an optical image (Page 3, Para. 5, optical photograph); obtaining a brightness value of each pixel in the optical image (Page 3, Para. 6; reading the brightness value of each pixel in the optical photograph, and establishing a correspondence relationship between a position and brightness); using a difference value between brightness of the low-dimensional material (two-dimensional material) to be observed and brightness of the substrate as a contrast (Page 3, Para. 7; calculating the dark field contrast, the difference between the brightness of the two-dimensional material sample and the brightness of the substrate), wherein the brightness of the low-dimensional material (two-dimensional material) to be observed is a maximum brightness value of a low-dimensional material region (Page 3, Para. 7; the brightness of the two-dimensional material sample is the maximum brightness value in the position-brightness curve); the brightness of the substrate is an average brightness value of a region beyond the low-dimensional material (two-dimensional material) to be observed (Page 3, Para. 7; the brightness of the substrate is the average value of the brightness value of the picture which is not read by the position of the two-dimensional material sample); and calculating a contrast based on the correspondence relationship between the position and the brightness, and determining the key dimension (number of two-dimensional material layers) of the low-dimensional material (two-dimensional material) to be observed by using a pre-calibrated correspondence relationship between the contrast and the key dimension of the low-dimensional material to be observed (Page 7, Para. 7; The calculating process of the correlation between the number of two-dimensional material layers and the dark field contrast is: The method needs a calibration process at one time. The dark field contrast of the sample with known thickness of layers is required to be obtained by the above method. and establishing the relative relation between the layer number and the dark field contrast).
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Claim 5
CN 116297337 a process of pre-calibrating the correspondence relationship between the contrast and the key dimension of the low-dimensional material to be observed is specifically as follows: detecting the key dimension (number of two-dimensional material layers ) of the low-dimensional material (two-dimensional material) by using an existing detection mode; calculating the contrast corresponding to the low-dimensional material (two-dimensional material) to be observed; obtaining a correspondence array between the contrast ratio (correlation) and the key dimension (number of two-dimensional material layers ) of the low-dimensional material (two-dimensional material) to be observed; and fitting a plurality of correspondence arrays to obtain a correspondence relationship curve between the contrast and the key dimension (number of two-dimensional material layers) of the low-dimensional material (two-dimensional material) to be observed Pages 7, Para. 7-10, Page 8, Para. 1-4).
Claim 6
CN 116297337 discloses the light source (See Fig. 2) is controlled to be obliquely incident onto the low-dimensional material (two-dimensional material) to be observed and the substrate at the set angle (Page 7, Para. 2), and the set angle is greater than a maximum acceptance angle of the light receiving device for reflected light (It is inherent the angle is greater than the maximum acceptance angle since the optical system would not be able to produce a dark field image of the two-dimensional material).
Claim 8
CN 116297337 discloses the light source emits an optical wave, and a wavelength of the optical wave covers all optical bands (Page 4, Para. 7; According to the preferred embodiment of the present invention, the light wavelength emitted by the light source covers all optical bands).
Claim 9
CN 116297337 discloses wherein an optical band covered by the wavelength of the optical wave emitted by the light source is 1 to 3000 nm; or, an optical band covered by the wavelength of the optical wave emitted by the light source is 300 to 800 nm (Page 4, Para. 9; most preferably, the optical wavelength coverage of the light source emitted by the light source is 300-800nm).
Claim 10
CN 116297337 discloses a system (See Fig. 2) for determining a key dimension (Abstract; judging the number of two-dimensional material layers) of low-dimensional materials (two-dimensional material) by optical scattering, comprising: an image obtaining module (Fig. 2), configured to: control a light source to be obliquely incident onto a low-dimensional material (two-dimensional material) to be observed and a substrate at a set angle (Page 3, Para. 4 of translation; light generated by the light source is obliquely incident on the observed two-dimensional material sample and substrate), wherein the set angle is able to enable a light receiving device located above or below the low-dimensional material (two-dimensional material) to be observed to only receive light scattered by the low-dimensional material to be observed (Page 3, Para. 5; the optical information receiving device of dark field optical imaging technology system collects the scattered light of the two-dimensional material sample layer number change area); and convert the received scattered light into an optical image (Page 3, Para. 5, optical photograph); a position-brightness relationship construction module (Fig. 3), configured to: obtain a brightness value of each pixel in the optical image, and establish a correspondence relationship between a position and brightness (Page 3, Para. 6; reading the brightness value of each pixel in the optical photograph, and establishing a correspondence relationship between a position and brightness); a contrast calculation module (Fig. 3), configured to use a difference value between brightness of the low-dimensional material to be observed and brightness of the substrate as a contrast (Page 3, Para. 7; calculating the dark field contrast, the difference between the brightness of the two-dimensional material sample and the brightness of the substrate), wherein the brightness of the low-dimensional material to be observed is a maximum brightness value of a low-dimensional material region (Page 3, Para. 7; the brightness of the two-dimensional material sample is the maximum brightness value in the position-brightness curve); the brightness of the substrate is an average brightness value of a region beyond the low-dimensional material to be observed (Page 3, Para. 7; the brightness of the substrate is the average value of the brightness value of the picture which is not read by the position of the two-dimensional material sample); and a key dimension calculation module (Fig. 3), configured to: calculate a contrast based on the correspondence relationship between the position and the brightness, and determine the key dimension (number of two-dimensional material layers) of the low-dimensional material (two-dimensional material) to be observed based on a pre-calibrated correspondence relationship between the contrast and the key dimension (number of two-dimensional material layers) of the low-dimensional material (two-dimensional material) to be observed (Page 7, Para. 7; The calculating process of the correlation between the number of two-dimensional material layers and the dark field contrast is: The method needs a calibration process at one time. The dark field contrast of the sample with known thickness of layers is required to be obtained by the above method. and establishing the relative relation between the layer number and the dark field contrast).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-4, 7 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being obvious over CN 116297337.
The applied reference has a common assignee with the instant application. Based upon the pre-AIA 35 U.S.C. 102(e) date of the reference, it constitutes prior art. This rejection under pre-AIA 35 U.S.C. 103(a) might be overcome by: (1) a showing under 37 CFR 1.132 that any invention disclosed but not claimed in the reference was derived from the inventor of this application and is thus not an invention “by another”; (2) a showing of a date of invention for the claimed subject matter of the application which corresponds to subject matter disclosed but not claimed in the reference, prior to the pre-AIA 35 U.S.C. 102(e) date of the reference under 37 CFR 1.131(a); or (3) an oath or declaration under 37 CFR 1.131(c) stating that the application and reference are currently owned by the same party and that the inventor or joint inventors (i.e., the inventive entity) named in the application is the prior inventor under pre-AIA 35 U.S.C. 104 as in effect on March 15, 2013, together with a terminal disclaimer in accordance with 37 CFR 1.321(c). This rejection might also be overcome by showing that the reference is disqualified under pre-AIA 35 U.S.C. 103(c) as prior art in a rejection under pre-AIA 35 U.S.C. 103(a). See MPEP §§ 2146 et seq.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Applicant has provided a submission in this file that the invention was owned by, or subject to an obligation of assignment to, the same entity as common assignee at the time this invention was made, or was subject to a joint research agreement at the time this invention was made. However, reference CN 116297337 qualifies as prior art under another subsection of pre-AIA 35 U.S.C. 102, and therefore is not disqualified as prior art under pre-AIA 35 U.S.C. 103(c).
Applicant may overcome the applied art either by a showing under 37 CFR 1.132 that the invention disclosed therein was derived from the inventor of this application, and is therefore, not the invention “by another,” or by antedating the applied art under 37 CFR 1.131(a).
Claim 2
CN 116297337 discloses the low-dimensional material to be observed is a two-dimensional material (See Abstract; two-dimensional material), the key dimension of the two-dimensional material is a thickness or a quantity of atomic layers (Page 2, Para. 4; Therefore, accurately measuring the thickness of the two-dimensional material is the precondition of further research).
CN 116297337 discloses the claimed invention except for the mathematical formula listed in claim 2. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine CN 116297337 with the mathematical formula since it was well known in the art that mathematical formulas are used to model the optical contrast of materials on a substrate, thereby taking into account the spectral profiles of the light source, material-substrate interface, and the camera sensor. Therefore, improving the quantitative analysis, image enhancement, and noise reduction.
Claim 3-4
CN 116297337 discloses the claimed invention except for the low-dimensional material to be observed is a one-dimensional material or zero-dimensional material. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine CN 116297337 with a one-dimensional or zero-dimensional material since it was well known in the art that using an optical imaging device to make material measurements on nanomaterials like one-dimensional and zero-dimensional materials is a fast, non-destructive imaging that quickly assess properties like thickness, coverage, and crystallographic orientation, therefore making it less expensive and more cost-effective across many nanomaterials and conditions. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
CN 116297337 discloses the claimed invention except for the mathematical formula listed in claims 3, 4. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine CN 116297337 with the mathematical formula since it was well known in the art that mathematical formulas are used to model the optical contrast of materials on a substrate, thereby taking into account the spectral profiles of the light source, material-substrate interface, and the camera sensor. Therefore, improving the quantitative analysis, image enhancement, and noise reduction.
Claim 7
CN 116297337 discloses the claimed invention except for light source emits an electromagnetic wave that covers all electromagnetic wavelengths. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine CN 116297337 with all electromagnetic wavelengths since it was well known in the art that using a light source that covers the entire electromagnetic wavelength is crucial for measuring nanomaterials because different wavelengths interact differently with matter which provides a comprehensive detection of the nanomaterials unique properties, composition, and structure, therefore improving the performance of the device. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 January 16, 2026