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 .
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 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.
Information Disclosure Statement
Acknowledgment is made of Applicant’s Information Disclosure Statement (IDS) form PTO 1449.These IDS has been considered.
Examiner’s Note
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages, paragraph and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Claim Objections
Claims 1-2 are objected to because of the following informalities:
In claim 1, " the first linear polarizer to be" in line 5, should be changed to – the first linear polarizer is--.
Claim 1 are objected to because: As per claim 1, claim recites “switching unit” on line 4, there is no antecedent basis for this limitation in this claim.
Claim 2 are objected to because: As per claim 2, claim recites “reflection member” on line 1, there is no antecedent basis for this limitation in this claim.
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 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 5, 8, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over MORITA et al. (JP 4832187 B2) (herein after MORITA) in view of ISHII et al. (CN 102239437 B) (herein after ISHII).
As to claim(s) 1, MORITA discloses an optical system comprising:
a first linear polarizer [33@fig.3] of a reflection type which receives linearly polarized light transmitted through a sample [S] [The high-speed polarization device 250 according to the present embodiment includes a single light source 31, a polarizer 33 that receives light from the light source 31 and emits linearly polarized light (inspection light) in a predetermined direction, and this polarized light. A polygon mirror 17 which is a rotary reflecting mirror into which inspection light from the child 33 is introduced through the sample S…page 10]; and
a switching unit [35] which controls a polarization direction of the first linear polarizer [The polarization direction resolving units 35 are arranged radially with the polygon mirror 17 as the center, and each of the polarization direction resolving units 35 has a different polarization direction, and the first compensator 27 that compensates for the change in the polarization state by the polygon mirror 17…page 10], to switch between causing the linearly polarized light received by the first linear polarizer to be transmitted and reflected [the inspection light transmitted through the sample S enters the polygon mirror 17. The inspection light reflected by the polygon mirror 17 is detected by the polarization direction resolving unit 35 disposed on each of the optical paths… A polygon mirror 17 which is a rotary reflecting mirror into which inspection light from the child 33 is introduced through the sample S, and a plurality of polarization direction decompositions which receive the reflected light from the polygon mirror 17 and change the polarization direction to a specific direction, respectively. And a unit 35…page 10];
an optical receiver [39] [page 10].
[Note: while each unit configured to perform as claimed may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function, because apparatus claims cover what a device is, not what a device does].
MORITA discloses all the features of the claimed invention except the limitation such as: “wherein a quantity of times that light transmitted through the first linear polarizer is transmitted through the sample before reaching the optical receiver is different from a quantity of times that light reflected by the first linear polarizer is transmitted through the sample before reaching the optical receiver”.
However, ISHII from the same field of endeavor discloses a quantity of times that light transmitted through the first linear polarizer is transmitted through the sample before reaching an optical receiver is different from a quantity of times that light reflected by the first linear polarizer is transmitted through the sample before reaching the optical receiver [LC0S using the projection display system when the light incidence and reflection at two times of transmitting illumination light on the same light path. can distinguish between incident light and reflected light transmitted in the same optical path, using different polarization characteristics…wherein PBS prism can be P-polarized or S-polarized transmission light or reflection light is determined…¶0015].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to modify the device/method/system of MORITA such that the quantity of times that light transmitted through the first linear polarizer is transmitted through the sample before reaching the optical receiver is different from the quantity of times that light reflected by the first linear polarizer is transmitted through the sample before reaching the optical receiver; as taught by ISHII, for the advantages such as: in order to obtain an optimum measurement.
As of claim 2, MORITA discloses the optical system according to claim 1 further comprising a reflection member which reflects, in an opposite direction, linearly polarized light transmitted through the sample and entering the reflection member and causes it to be further transmitted through the sample [A polygon mirror 17 which is a rotary reflecting mirror into which inspection light from the child 33 is introduced through the sample S, and a plurality of polarization direction decompositions which receive the reflected light from the polygon mirror 17 and change the polarization direction to a specific direction, respectively. And a unit 35….page 10], and causes it to enter the first linear polarizer [a polarizer 33 that receives light from the light source 31 and emits linearly polarized light (inspection light) in a predetermined direction…page 10], wherein the reflection member reverses a polarization direction of light emitted from the reflection member in at least one direction orthogonal to an optical axis direction with respect to a polarization direction of light entering the reflection member [the polarization direction component of the reflected light from the polygon mirror 17 is decomposed by the respective polarization direction decomposition units 35 at equal intervals while covering the range of 0 to 180 degrees…page 10][ A polygon mirror 17 that receives light emitted from a plurality of polarized light irradiation units 16 while being driven and outputs reflected light in a predetermined constant direction, and a polarization direction of the reflected light arranged in the optical path of the reflected light from the polygon mirror 17…page 11].
As of claim 3, MORITA discloses the optical system wherein the reflection member has at least one roof mirror [17] which reflects incident light two times and emits it in an opposite direction [rotation A polygon mirror 17 that receives light emitted from a plurality of polarized light irradiation units 16 while being driven and outputs reflected light in a predetermined constant direction, and a polarization direction of the reflected light arranged in the optical path of the reflected light from the polygon mirror 17…page 11][ plurality of polarization direction decompositions which receive the reflected light from the polygon mirror 17 and change the polarization direction to a specific direction…page 12].
As of claim 5, MORITA discloses the optical system wherein the first linear polarizer is arranged so as to face the reflection member with the sample interposed therebetween [page 10], the first linear polarizer transmits linearly polarized light with a transmission axis direction of the first linear polarizer as its polarization direction out of light emitted from a light source [The high-speed polarization device 250 according to the present embodiment includes a single light source 31, a polarizer 33 that receives light from the light source 31 and emits linearly polarized light (inspection light) in a predetermined direction, and this polarized light…page 10], and causes it to be transmitted through the sample and to enter the reflection member, and the first linear polarizer receives light reflected by the reflection member and transmitted through the sample [A polygon mirror 17 which is a rotary reflecting mirror into which inspection light from the child 33 is introduced through the sample S, and a plurality of polarization direction decompositions which receive the reflected light from the polygon mirror 17 and change the polarization direction to a specific direction, respectively. And a unit 35…page 10].
As of claim 8, MORITA discloses the optical system further comprising a third linear polarizer which is arranged on an optical path between a light source and the reflection member [The plurality of polarized light irradiation units each include a polarizer having a predetermined fixed direction as a polarization direction…page 2 and page 10].
As of claim 15, MORITA discloses the optical system wherein light is caused to enter the sample perpendicularly [page 10].
As of claim 17, MORITA discloses an optical measuring apparatus comprising: the optical system according to claim 1; a light source which emits light to the optical system [page 10]; and an optical receiver which receives light emitted from the optical system [page 10].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over MORITA et al. in view of ISHII et al. and further in view of Zhao et al. (US 20180073993 A1) (herein after Zhao).
As to claim(s) 4, MORITA when modified by ISHII discloses all the features of the claimed invention except the limitation such as: “The optical system according to claim 3, wherein the reflection member includes n roof mirrors consisting of a first roof mirror to an nth roof mirror (where n is an odd number equal to or greater than 3) provided in order on an optical path, each of the first roof mirror to the (n-1)th roof mirror of the n roof mirrors returns light transmitted through the sample and causes it to be transmitted through the sample and to enter a next roof mirror on an optical path, and the nth roof mirror of the n roof mirrors causes emitted light to be transmitted through the sample and to enter the first linear polarizer.”.
However, Zhao from the same field of endeavor discloses a reflection member includes n roof mirrors consisting of a first roof mirror to an nth roof mirror [602a,602b,602c] (where n is an odd number equal to or greater than 3) provided in order on an optical path, each of the first roof mirror to the (n-1)th roof mirror of the n roof mirrors returns light transmitted through the sample and causes it to be transmitted through the sample and to enter a next roof mirror on an optical path, and the nth roof mirror of the n roof mirrors causes emitted light to be transmitted through the sample and to enter the first linear polarizer [@fig.6: The system may also include a plurality of mirrors (e.g., 602a, 602b, and 602c) and relays (e.g., 606a and 606b) that are positioned to receive and direct output light from different angles or scan portions towards different sensors (e.g., 624a, 624b, and 624c). For instance, first mirror 602a reflects output light from a first angle. Likewise, relay 606a relays output light from a second angle towards a second mirror 602b, which reflects the output light from the second angle…¶0053].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to modify the device/method/system of MORITA when modified by ISHII such that the reflection member includes n roof mirrors consisting of the first roof mirror to the nth roof mirror (where n is the odd number equal to or greater than 3) provided in order on the optical path, each of the first roof mirror to the (n-1)th roof mirror of the n roof mirrors returns light transmitted through the sample and causes it to be transmitted through the sample and to enter the next roof mirror on the optical path, and the nth roof mirror of the n roof mirrors causes emitted light to be transmitted through the sample and to enter the first linear polarizer; as taught by Zhao, for the advantages such as: for analyzing the two or more images to detect defects on the sample…see abstract.
Claim(s) 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over MORITA et al. in view of ISHII et al. and further in view of Perdices-Gonzalez et al. (US 20170301288 A1) (herein after Perdices-Gonzalez).
As to claim(s) 16 and 18, MORITA when modified by ISHII discloses all the features of the claimed invention except the limitation such as: “The optical system wherein the first linear polarizer is a wire grid polarizer.
The optical measuring apparatus according to claim 17, wherein the sample is a fluid flowing in a translucent flow cell”.
However, Perdices-Gonzalez from the same field of endeavor a first linear polarizer is a wire grid polarizer [¶0115@fig.19]; wherein the sample is a fluid flowing in a translucent flow cell [transparent fluid 450…¶0130][¶0127].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention was made to modify the device/method/system of MORITA when modified by ISHII such that the first linear polarizer is the wire grid polarizer; wherein the sample is the fluid flowing in the translucent flow cell; as taught by Perdices-Gonzalez, for the advantages such as: in order to achieve different imaging modes and to optimize the measuring results depending on the properties of the sample.
Allowable Subject Matter
Claims 6-7, and 9-14 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.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 6, the prior arts alone or in combination fails to disclose the claimed limitations such as “the reflection member reverses a polarization direction of light emitted from the reflection member in one direction orthogonal to an optical axis direction with respect to a polarization direction of light entering the reflection member, and maintains it in a reference axis direction orthogonal to an optical axis direction and the one direction, and the switching unit rotates the first linear polarizer while maintaining its orientation and orients the transmission axis in a direction orthogonal to the reference axis direction and in a direction at an angle of either ± 45 degrees or ± 135 degrees to the reference axis direction” along with all other limitations of the claim.
As to claim 9, the prior arts alone or in combination fails to disclose the claimed limitations such as “a half mirror which transmits part of light emitted from the light source and causes it to enter the third linear polarizer and which reflects, toward the optical receiver, part of light travelling from the third linear polarizer toward the light source, wherein the third linear polarizer transmits linearly polarized light which is reflected by the first linear polarizer and transmitted through the sample and which is further reflected by the reflection member and transmitted through the sample” along with all other limitations of the claim.
As to claim 9, the prior arts alone or in combination fails to disclose the claimed limitations such as “a fifth linear polarizer of the reflection type which transmits linearly polarized light with a transmission axis direction as its polarization direction out of light emitted from a light source and guides it to an optical path leading from the reflection member toward the first linear polarizer via the sample, and which reflects light reflected by the first linear polarizer and guides it to the optical path, wherein the reflection member reverses a polarization direction of light emitted from the reflection member in one direction orthogonal to an optical axis direction with respect to a polarization direction of light entering the reflection member, and maintains it in a reference axis direction orthogonal to an optical axis direction and the one direction, and the switching unit rotates each of the first linear polarizer and the fifth linear polarizer while maintaining its orientation, and respectively orients transmission axes of the first linear polarizer and the fifth linear polarizer in a first direction parallel or perpendicular to the reference axis direction and in a second direction at a same angle to the reference axis direction and not parallel or perpendicular the reference axis direction” along with all other limitations of the claim.
Claims 7, 10 and 13-14 are allowable due to their dependencies.
Conclusion
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MD M. RAHMAN
Primary Patent Examiner
Art Unit 2886
/MD M RAHMAN/ Primary Examiner, Art Unit 2877