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 .
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.
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: “a thickness distribution image generation unit” in combination with “generate” and “a thickness distribution image correction unit” in combination with “correct” in claim 1.
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.
It is determined that in paragraph [0041] of the PG-publication of this application discloses “a computer” or the like for these units.
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 – 7, and 11 – 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eastwood (Optics Letters, 2011; cited in the IDS).
With respect to independent claim 1, Eastwood teaches An observation apparatus implied by Fig. 2 comprising:
a light source See the figure caption of Fig. 1 configured to output light having a wavelength band, and irradiate an observation object a single-material object in the second paragraph of the left column on p. 1878 with the light;
an imaging unit Gatan Ultrascan 1000 CCD as disclosed in the second paragraph of the left column on p. 1878 configured to receive light output from the light source and passed through the observation object as shown in Fig. 1(d), and acquire a phase contrast image in Fig. 1 of the observation object;
a thickness distribution image generation unit as shown in Fig. 3; APR algorithm using T(x,y) in Equation (1) configured to generate a thickness distribution image of the observation object based on the phase contrast image; and
a thickness distribution image correction unit as disclosed in the second paragraph of the right column on p. 1878 configured to correct the thickness distribution image based on a spectrum of the light output from the light source,
wherein the thickness distribution image correction unit is configured to set using algorithm shown in Fig. 3 the thickness distribution image generated by the thickness distribution image generation unit as an initial image, and repeatedly perform calculation of an intensity distribution of the light after being passed through the observation object based on the spectrum and the thickness distribution image, calculation of an update amount based on the calculated intensity distribution and the phase contrast image, and update of the thickness distribution image based on the calculated update amount.
With respect to dependent claim 5, as shown in Fig. 1(d) Eastwood teaches a spectrum measurement unit configured to measure the spectrum of the light output from the light source.
With respect to dependent claim 6, Eastwood inherently teaches in Fig. 1(d) wherein the imaging unit and the spectrum measurement unit are configured in common.
With respect to independent claim 7, as discussed in the rejection justification to claim 1, Eastwood teaches an observation method comprising: an imaging step of irradiating an observation object with light having a wavelength band output from a light source, receiving light passed through the observation object by an imaging unit, and acquiring a phase contrast image of the observation object; a thickness distribution image generation step of generating a thickness distribution image of the observation object based on the phase contrast image; and a thickness distribution image correction step of correcting the thickness distribution image based on a spectrum of the light output from the light source, wherein in the thickness distribution image correction step, the thickness distribution image generated in the thickness distribution image generation step is set as an initial image, and calculation of an intensity distribution of the light after being passed through the observation object based on the spectrum and the thickness distribution image, calculation of an update amount based on the calculated intensity distribution and the phase contrast image, and update of the thickness distribution image based on the calculated update amount are repeatedly performed.
With respect to dependent claims 11 – 12, Eastwood teaches in Fig. 1(d) a spectrum measurement step of measuring the spectrum of the light output from the light source by a spectrum measurement unit and wherein the imaging unit and the spectrum measurement unit are configured in common.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 2 – 4 and 8 – 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eastwood.
The teaching of Eastwood has been discussed above.
With respect to dependent claims 2 and 8, Eastwood is silent with wherein the thickness distribution image generation unit is configured to normalize the phase contrast image based on a background image acquired by the imaging unit, and generate the thickness distribution image based on the normalized phase contrast image.
However, signal normalization is a common step in imaging processing. In view of this, it would be obvious at the time of the claimed invention was filed to modify the teaching of Eastwood in order to calibration thickness distribution image. This is in consistency with the Supreme Court Decision of the KSR. V. International Co.: applying a known technique to a known device (method or product) ready for improvement to yield predictable results.
With respect to dependent claims 3 and 9, Eastwood is silent with wherein the thickness distribution image generation unit is configured to generate the thickness distribution image based on the phase contrast image by using a Paganin method on the assumption that irradiation light with which the observation object is irradiated is monochromatic light.
However, paganing method is a widely used, non-iterative phase -retrieval algorithm for X-ay and neutron phase-contrast imaging. In view of this, it would be obvious at the time of the claimed invention was filed to modify the teaching of Eastwood in order to reconstruct homogenous sample. This is in consistency with the Supreme Court Decision of the KSR. V. International Co.: applying a known technique to a known device (method or product) ready for improvement to yield predictable results.
With respect to dependent claims 4 and 10, Eastwood is silent with wherein the thickness distribution image generation unit is configured to generate the thickness distribution image based on the phase contrast image by using a method obtained by extending a Paganin method on the assumption that irradiation light with which the observation object is irradiated has the wavelength band.
However, as discussed above, paganing method is a widely used, non-iterative phase -retrieval algorithm for X-ay and neutron phase-contrast imaging. In view of this, it would be obvious at the time of the claimed invention was filed to modify the teaching of Eastwood in order to reconstruct homogenous sample. This is in consistency with the Supreme Court Decision of the KSR. V. International Co.: applying a known technique to a known device (method or product) ready for improvement to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIHO KIM, Ph.D. whose telephone number is (571)270-1628. The examiner can normally be reached M-F: 8-5 EST.
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KIHO KIM, Ph.D.
Primary Examiner
Art Unit 2884
/Kiho Kim/Primary Examiner, Art Unit 2884