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 .
Specification
The title of the invention is not descriptive. A basic principle of interferometers is the determination of phase derived from an intensity measurement. The current title provides only information of a field of endeavor. A new title is required that is clearly indicative of the invention to which the claims are directed. MPEP 606.01 guides that a descriptive title may result in slightly longer title, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc.
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:
imaging device in claims 16-20.
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.
Claims 16-20 are 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 16 is drawn to the structure of an interferometer and recites that the interferometer comprises a first interferometer arm and a second interferometer arm "wherein the first geometrical propagation distance is different from the second geometrical propagation distance and the first optical path length is identical to the second optical path length." No other structure is recited for the arms of the interferometer. The arms of an interferometer would be recognized as merely being paths for the light; however, merely paths are not sufficient structure to support identical optical path lengths while having different geometric propagation distances.
As such, the limitation is unclear because the claim does not provide a discernable boundary on what structure or if there is unrecited structure provides the claimed differences in the path lengths or if it is simply a result of operating the arms in a certain manner such as moving the splitter device, or inserting an object with a different refractive index, or blowing air of a different temperature. It is also unclear if the claim would only be infringed during operation of the interferometer at the point at which the pathlengths are at the claimed distances. Thus one of ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim. See MPEP 2173.05(g) for more information.
Likewise for claim 1, the claim recites a result "the first geometrical propagation distance is different from the second geometrical propagation distance and the first optical path length is identical to the second optical path length" but only recites a step of "propagating" the two light fields. It is not clear if merely propagating the light fields is sufficient to produce the claimed path lengths or if the claim requires addition unrecited steps (such as operation of any of the elements discussed in the preceding paragraph) or if the limitation is stating a desired result. As such, the claim limitation is not what acts are or are not covered by the claims.
For examination purposes, the claim will be interpreted to recite the geometric path has turns or a phase delay/shifter with a variable refractive index.
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) 1-3 and 16-17, as interpreted by the Examiner where the claim path lengths are desired results from operating the interferometer, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haridas (US 2007/0165216).
Haridas shows an out of fluid sensor as follows:
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1. A method for determining an input phase and/or an input amplitude of an input light field emitted from an object, wherein the object comprises at least one object point, wherein an input spot of the input light field is emitted from the object point (Para. [0127]: "when laser beam strikes the surface of a sample which is to be interrogated" and " The view port collects the scattered photons in the light energy arriving at the view port and optics within the telescope concentrates the light energy"), the method comprising:
a) amplitude splitting of the input light field into a first light field and a second light field (Para. [0128]: "The interferometer splits the incoming beam to the interferometer"; see Beam Splitter in Fig. 6), wherein the amplitude splitting comprises splitting the input spot of the input light field into a corresponding first spot of the first light field and a corresponding second spot of the second light field, such that the first light field comprises a first spot corresponding to the input spot and the second light field comprises a second spot corresponding to the input spot (see Fig. 6, concentrated light as well as beams forms a spot);
b) propagating the first light field along a first interferometer arm (Arm 1) having a first geometrical propagation distance and a first optical path length and propagating the second light field along a second interferometer arm (Arm 2) having a second geometrical propagation distance and a second optical path length, wherein the first geometrical propagation distance is different from the second geometrical propagation distance (Para. [0128]: "creates a phase delay between the two split beams by changing the path length difference as shown in FIG. 6.") and the first optical path length is identical to the second optical path length (Para. [0110]: "The two arms can have equal or different optical lengths");
c) after propagating the first light field (Arm 1) and the second light field (Arm 2), amplitude superposition (Para. [0128]: "The two beams are again combined into one beam"; see converging node of Arm 1 and Arm 2) and imaging of the first light field and the second light field onto a detector, wherein the first spot of the first light field and the second spot of the second light field, which originate from the input spot, interfere on the detector to form a common output spot of an output light field, and wherein the output light field generates an interference pattern at the detector (Para. [0128]: "The two beams are again combined into one beam that exits the interferometer into a spectrum resolving device such as a spectrometer");
d) measuring at least a portion of the interference pattern created by the output light field with the detector (Para. [0128]: "The two beams are again combined into one beam that exits the interferometer into a spectrum resolving device such as a spectrometer") and determining a complex interference term from the measured interference pattern and
e) determining the input phase and/or the input amplitude from the complex interference term (Para. [0128]: "The output of the spectrometer is bands of faint light which contain the information which can be evaluated to determine the composition of the target").
2. The method according to claim 1, wherein the output light field exhibits complete spatial coherence within the output spot (this is inherent for interference).
3. The method according to claim 1, wherein propagating the first light field and the second light field comprises shifting the second light field relative to the first light field along an optical axis (Para. [0128]: "creates a phase delay between the two split beams by changing the path length difference as shown in FIG. 6.").
16. An interferometer (see Fig. 6) for determining an input phase and/or an input amplitude of an input light field, comprising:
a splitting device (MZI; para. [0108]) comprising:
an amplitude splitter (Beam Splitter) for amplitude splitting of an incident light field into two output light fields, comprising at least one input port, a first output port and a second output port, and
an amplitude superimpose (See node where Arm 1 converges with Arm 2) for amplitude superposition of two incident light fields into an output light field, comprising a first input port, a second input port and an output port;
a first interferometer arm (Arm 1) between the first output port of the amplitude splitter and the first input port of the amplitude superimposer and a second interferometer arm (Arm 2) between the second output port of the amplitude splitter and the second input port of the amplitude superimposer, wherein the first interferometer arm has a first geometrical propagation distance and a first optical path length and the second interferometer arm has a second geometrical propagation distance and a second optical path length, wherein the first geometrical propagation distance is different from the second geometrical propagation distance and the first optical path length is identical to the second optical path length (Para. [0128]: "creates a phase delay between the two split beams by changing the path length difference as shown in FIG. 6."; Para. [0110]: "The two arms can have equal or different optical lengths");
a detector for measuring an interference pattern, wherein the detector is positioned after the output port of the amplitude superimpose (para. [0128]; CCD array of the spectrometer); and
an imaging device (free space or diffraction grating of the spectrometer) for imaging an output light field of the amplitude superimposer onto the detector, wherein the imaging device is positioned between the output port of the amplitude superimposer and the detector.
17. The interferometer of claim 16, wherein the amplitude splitter and the amplitude superimposer are part of a single splitting device (fig. 6 is a single splitting device) for amplitude splitting and amplitude superposition, wherein the input port of the amplitude splitter corresponds to the output port of the amplitude superimposer, the first output port of the amplitude splitter corresponds to the first input port of the amplitude superimposer and the second output port of the amplitude splitter corresponds to the second input port of the amplitude superimpose (for the input and output ports, see arrows of Fig. 6).
Claim(s) 1-17, as interpreted by the Examiner, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Groot (US 2011/0007323.
De Groot shows an equal path interferometer (e.g. Fig. 1) 645103
as follows:
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1. A method for determining an input phase and/or an input amplitude of an input light field emitted from an object (102), wherein the object comprises at least one object point, wherein an input spot of the input light field is emitted from the object point (object 102 has an infinite number of points), the method comprising:
a) amplitude splitting of the input light field into a first light field and a second light field (Para. [0048]: " The reflected light forms a reference beam 126, and the transmitted light forms a measurement beam 128."; see Beam Splitter in Fig. 6), wherein the amplitude splitting comprises splitting the input spot of the input light field into a corresponding first spot of the first light field and a corresponding second spot of the second light field, such that the first light field comprises a first spot corresponding to the input spot and the second light field comprises a second spot corresponding to the input spot (see Fig. 4 showing light fields);
b) propagating the first light field along a first interferometer arm (path for measurement beam 128) having a first geometrical propagation distance and a first optical path length and propagating the second light field along a second interferometer arm (path for reference beam 126) having a second geometrical propagation distance and a second optical path length, wherein the first geometrical propagation distance is different from the second geometrical propagation distance and the first optical path length is identical to the second optical path length (Para. [0063]: "Note that because the refractive index of the test object may be different from the refractive index of air, the physical distance traveled by the measurement beam may be different from the physical distance traveled by the reference beam even though the optical path lengths for the measurement and reference beams are the same. ");
c) after propagating the first light field (Arm 1) and the second light field (Arm 2), amplitude superposition and imaging of the first light field and the second light field onto a detector, wherein the first spot of the first light field and the second spot of the second light field, which originate from the input spot, interfere on the detector to form a common output spot of an output light field, and wherein the output light field generates an interference pattern at the detector (Para. [0053]: " In the example of FIG. 1, the measurement beam 128 (after being reflected from the surface of the test object 102) and the reference beam 126 (after traveling round-trip between the PR surfaces 122 and 118) are combined or overlapped at the PR surface 122 of the beamsplitter 116. The overlapping beams then travel toward the camera 108");
d) measuring at least a portion of the interference pattern created by the output light field with the detector and determining a complex interference term from the measured interference pattern and e) determining the input phase and/or the input amplitude from the complex interference term (Paras. [0072],[0085]-[0095]).
2. The method according to claim 1, wherein the output light field exhibits complete spatial coherence within the output spot (this is inherent for interference).
3. The method according to claim 1, wherein propagating the first light field and the second light field comprises shifting the second light field relative to the first light field along an optical axis (see Figure 4 and relevant passages).
4. The method according to claim 1, wherein:
the object comprises at least three object points, wherein each of the three object points emits a corresponding input spot of the input light field (a object and a beam has infinite number of points),
the amplitude splitting comprises splitting each of the at least three input spots of the input light field into a corresponding first spot of the first light field and a corresponding second spot of the second light field, such that the first light field comprises at least three first spots and the second light field comprises at least three second spots (see Fig. 4 and citations given above for claim 1 above),
the amplitude superposition comprises that for each of the at least three input spots, the corresponding first spot of the first input light field and the corresponding second spot of the second input light field, which originate from the input spot, interfere to form a common output spot of the output light field, such that the output light field comprises at least three output spot (see Fig. 4 and citations given above for claim 1 above), and
the output light field is free from mutual coherence at different output spots of the at least three output spots (there are spots where there is constructive and destructive interference and the light has partial coherence).
5. The method of claim 4, wherein the output light field exhibits complete spatial coherence within each of the output spots of the at least three output spots (this is inherent for interference).
6. The method of claim 4, wherein the object comprises a point source and an imaging optical system (an object comprises an infinite number of point sources when it reflects light. Free space propagates light and is therefore an imaging optical system consistent with the disclosure. See para. [0150] of published application), wherein the method comprises imaging the point source by means of the imaging optical system, thereby creating the input light field as a superposition, with respect to a section plane, of the at least three input spots of the input light field, the section plane being at least approximately a conjugate plane of the imaging optical system of the object, wherein the at least three input spots are mutually incoherent (see discussion of claim 4 above for the spots and the coherence/incoherence at spots).
7. The method of claim 4, comprising determining a complex spot interference term for each output spot and representing the complex interference term as a superposition of the complex spot interference terms of the output spots (Paras. [0072],[0085]-[0095]) .
8. The method of claim 4, comprising mapping each output spot to a plurality of pixels of the detector, and determining a complex pixel interference term for each pixel, wherein the complex spot interference term consists of values of the complex pixel interference terms(Paras. [0072],[0085]-[0095]) .
9. The method of claim 1, wherein the amplitude superposition and imaging comprises imaging the first light field and the second light field onto the detector such that the detector is approximately in an image plane of the image (see camera 108 in Fig. 4).
10. The method of claim 1, wherein measuring at least a portion of the interference pattern includes measuring a phase and an amplitude of the interference pattern (Paras. [0072],[0085]-[0095]).
11. The method of claim 1, further comprising determining a propagator mapping that describes a propagation of the first light field into the second light field and storing the propagator mapping in a memory module (Paras. [0072],[0085]-[0095]).
12. The method of claim 11, further comprising calculating a point spread function from the propagator mapping and storing the point spread function in the memory module (para. [0091]; computer in para. [0059]).
13. The method of claim 11, wherein the input phase and/or input amplitude is determined from the complex interference term and the propagator mapping (para. [0092]).
14. The method of claim 1, further comprising determining complex comparison interference terms by calculation and/or calibration and storing the complex comparison interference terms in a memory module (paras. [0091]-[0092]).
15. The method of claim 14, further comprising determining the complex interference term by comparing the measured interference pattern with the complex comparison interference terms (para. [0091]).
16. An interferometer (see Fig. 3) for determining an input phase and/or an input amplitude of an input light field, comprising:
a splitting device (100) comprising:
an amplitude splitter (para. [0048]; PR coating 118 on beamsplitter 116) for amplitude splitting of an incident light field into two output light fields (The reflected light forms a reference beam 126, and the transmitted light forms a measurement beam 128), comprising at least one input port, a first output port and a second output port (incident surface, reflection surface, and transmission surface), and
an amplitude superimpose (PR coating 118 on beamsplitter 116) for amplitude superposition of two incident light fields into an output light field, comprising a first input port, a second input port and an output port;
a first interferometer arm (path of measurement beam 128) between the first output port of the amplitude splitter and the first input port of the amplitude superimposer and a second interferometer arm (path of reference beam 126) between the second output port of the amplitude splitter and the second input port of the amplitude superimposer, wherein the first interferometer arm has a first geometrical propagation distance and a first optical path length and the second interferometer arm has a second geometrical propagation distance and a second optical path length, wherein the first geometrical propagation distance is different from the second geometrical propagation distance and the first optical path length is identical to the second optical path length (Para. [0063]: "Note that because the refractive index of the test object may be different from the refractive index of air, the physical distance traveled by the measurement beam may be different from the physical distance traveled by the reference beam even though the optical path lengths for the measurement and reference beams are the same. ");
a detector (108) for measuring an interference pattern, wherein the detector is positioned after the output port of the amplitude superimpose; and
an imaging device (free space or imaging lens 136) for imaging an output light field of the amplitude superimposer onto the detector, wherein the imaging device is positioned between the output port of the amplitude superimposer and the detector.
17. The interferometer of claim 16, wherein the amplitude splitter and the amplitude superimposer are part of a single splitting device (interferometer 100) for amplitude splitting and amplitude superposition, wherein the input port of the amplitude splitter corresponds to the output port of the amplitude superimposer, the first output port of the amplitude splitter corresponds to the first input port of the amplitude superimposer and the second output port of the amplitude splitter corresponds to the second input port of the amplitude superimpose (see para. [0049]).
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.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Groot as applied to claim 16 above, and further in view of Official notice.
Regarding claims 18 and 19, De Groot shows all the elements of claim 16 as discussed above but does not explicitly show the second interferometer arm comprises a dielectric plate, a grating, or a piezo-adjustable mirror.
De Grood doe show the reference arm has an adjustable mirror by a mechanical phase shifter (see Figure 4 and relevant passages), but not that it is piezo-adjustable. Official notice is taken that it was well known to use piezoelectric transducers to move optical elements to shift the phase of a reference beam relative to a measurement beam. Before the effective filing date of the claimed invention, it would have been obvious to use a piezoelectric transducer for the expected ability to shift the phase the measurement beam relative to the reference beam.
20. The interferometer of claim 16, wherein a second geometric propagation distance of the second interferometer arm differs from a first geometric propagation distance of the first interferometer arm by at least 0.1 mm (De Groot shows a phase shifter for varying the optical path length difference at para. [0020]. With the wavelength being e.g. 600 nm and coherence of 0.05 mm, a shift of more than 0.1 mm would be within the range. Furthermore, nothing suggests that the shift must be less than 0.1 mm and thus more than 0.1 mm is anticipated).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hwa Andrew S Lee whose telephone number is (571)272-2419. The examiner can normally be reached Mon-Fri 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hwa Andrew Lee/Primary Examiner, Art Unit 2877