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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed on 09/11/2024, 02/20/2025, 07/17/2025 and 09/16/2025 has been entered and considered by the examiner.
Drawings
The drawings filed on 09/11/2024, has been accepted for examination.
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 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (2008/0278729 A1) in view of BEN-ELIEZER et al. An optimal binary amplitude-phase mask for hybrid imaging systems that exhibit high resolution and extended depth of field. OPTICS EXPRESS. 26 November 2008, vol. 16, pp. 20540-20561 (Applicant cited reference), or in view of CHEN et al. Super-oscillatory focusing of circularly polarized light by ultra-long focal length planar lens based on binary amplitude-phase modulation. SCIENTIFIC REPORTS. 29 June 2016, vol. 6, pp. 1-8 (Applicant cited reference)
Regarding claim 1, Kim teaches of a three-dimensional shape measurement apparatus for measuring a three-dimensional shape of an object is included in a multi-directional projection type moire interferometer and an inspection method of using the same (figs. 1-9), the three-dimensional shape measurement apparatus comprising:
a projector (plurality of projectors 3/180) configured to emit patterned light onto the object (1); and
an imaging device (110) configured to image using camera 111 the object (1), including an optical system (combination i.e. 112/113), that includes at least one lens (112) defining an optical axis and a binary phase filter (113) disposed on the optical axis so as to transmit light reflected by object (1), and configured to form an image by using light that has passed through the at least one lens (112) and the phase filter (113) [pars. 0023-27].
Kim also teaches of a control unit (not shown) obtains phase information using the obtained images. Also, when the plurality of projectors 3 obtains each phase information, the control unit calculates an integrated phase map in which noise is removed, and inspects a height-map and a 3D shape of the target object 1 using the calculated integrated phase map [pars. 0006, 0011, 0039], Kim teaches of the filter 113 is provided below the imaging lens 112 to pass the pattern image reflected from the target object 1. In this instance, the first filter 113 adopts any one of a frequency filter, a color filter, and an optical strength adjustment filter [pars. 0026]
Kim fails to explicitly specify the constructional/structure changes of the phase filter as being wherein the phase filter is a binary phase filter comprises: a first portion comprising at least one pattern extending circumferentially around the optical axis; and a second portion distinct from the first portion, wherein the first portion and the second portion have different thicknesses in an optical axis direction that is parallel to the optical axis.
BEN-ELIEZER or CHEN from the same field of endeavor teaches of binary phase filter comprising wherein a binary phase filter has high resolution and extended depth of field in an imaging system (Ben-Eliezer, see page 20540/20542; (fig. 1)); or Chen from the same field of endeavor teaches of wherein a binary phase lens comprises a first part having one pattern and a second part separate from the first part, and the first and second parts have different thicknesses (Chen, see figure 1) in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim filter with the constructional changes of the phase filter that is a binary phase filter structure in the manner set forth in applicant's claim 1, in view of the teaches of Ben-Eliezer or Chen in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claim 2, Kim when modified by Ben-Eliezer or Chen, as applied to claim 1,
Kim teaches of the filter 113 is provided below the imaging lens 112 to pass the pattern image reflected from the target object 1. In this instance, the first filter 113 adopts any one of a frequency filter, a color filter, and an optical strength adjustment filter [pars. 0026]
Kim fails to explicitly specify the constructional/structure changes of wherein a thickness of the first portion in the optical axis direction is less than a thickness of the second portion in the optical axis direction.
Chen from the same field of endeavor teaches of wherein a thickness of the first portion in the optical axis direction is less than a thickness of the second portion in the optical axis direction, as can be seen in depicted drawing (Chen, fig. 1).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim filter when modified by Ben-Eliezer or Chen with the constructional changes of claim 2 in the manner set forth in applicant's claim, in view of the teaches of Chen in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claim 3, Kim when modified by Ben-Eliezer or Chen, as applied to claim 1, the combination taught of the structure of shape of the binary phase filter, as evidence by Ben-Eliezer or Chen.
The combination fails to explicitly specify the constructional changes of the amounts to a limitation of the shape of the binary phase filter in the manner set forth in applicant's claim 3, such as, wherein in case that n1 is the refractive index of air, n2 is the refractive index of the binary phase filter, and λcenter is the center wavelength of light emitted by the projector, a difference between the thicknesses of the first portion and the second portion in the optical axis direction is
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However, even though, the combination fails to teach the constructional changes in the device of claim 1, as that claimed by Applicants claims 3, the constructional changes differences are considered obvious design variation in view of Chen teaching of wherein the first part of the binary phase lens has a thickness smaller than the second part (Chen, see figure 1).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim filter with the constructional changes of the phase filter that is a binary phase filter structure limitation of the shape of the binary phase filter in the manner set forth in applicant's claim 3, in view of the teaches of Chen as desired appropriate in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claim 4, Kim when modified by Ben-Eliezer or Chen, as applied to claim 1, Chen teaches of wherein the first portion includes multiple patterns that are concentric with each other and radially spaced apart from each other, as can be seen in depicted drawing (Chen, fig. 1).
As to claim 4, Kim when modified by Ben-Eliezer or Chen, as applied to claim 1,
Kim teaches of the filter 113 is provided below the imaging lens 112 to pass the pattern image reflected from the target object 1. In this instance, the first filter 113 adopts any one of a frequency filter, a color filter, and an optical strength adjustment filter [pars. 0026]
Kim fails to explicitly specify the constructional/structure changes of wherein the first portion includes multiple patterns that are concentric with each other and radially spaced apart from each other.
Chen from the same field of endeavor teaches of wherein the first portion includes multiple patterns that are concentric with each other and radially spaced apart from each other, as can be seen in depicted drawing (Chen, fig. 1).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim filter when modified by Ben-Eliezer or Chen with the constructional changes of claim 4 in the manner set forth in applicant's claim, in view of the teaches of Chen in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claims 5-6, Kim when modified by Ben-Eliezer or Chen, as applied to claim 1, the combination taught of the structure of pattern shape of the binary phase filter, as evidence by Ben-Eliezer or Chen.
The combination fails to explicitly specify the constructional changes of the pattern of the first portion in the manner set forth in applicant's claims 5-6, such as, wherein the at least one pattern of the first portion includes an annular pattern (claim 5); and wherein the second portion is a remaining portion of the binary phase filter excluding the first portion (claim 6).
However, even though, the combination fails to teach the constructional changes in the device of claim 1, as that claimed by Applicants claims 5-6, the constructional changes differences are considered obvious design variation in view of Chen teaching of wherein the at least one pattern of the first portion includes an annular pattern, and wherein the second part is the remainder of the binary phase lens excluding the first part, as can be seen in depicted drawing (Chen, fig. 1).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim filter with the constructional changes of the phase filter that is a binary phase filter structure in the manner set forth in applicant's claim 5-6, in view of the teaches of Chen as desired appropriate in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claim 7, Kim when modified by Ben-Eliezer or Chen, as applied to claim 1, the combination taught of the structure of shape of the binary phase filter, as evidence by Ben-Eliezer or Chen, and at least one lens (112) defining an optical axis and a binary phase filter (113) disposed on the optical axis so as to transmit light reflected by object (1), and configured to form an image by using light that has passed through the at least one lens (112) and the phase filter (113) (Kim, [pars. 0023-27]).
The combination fails to explicitly specify the constructional changes of the amounts to a limitation of the shape arrangement of the binary phase filter in the manner set forth in applicant's claim 7, such as, wherein the at least one lens includes two lenses sharing the optical axis and spaced apart from each other, and the binary phase filter is disposed between the two lenses.
However, even though, the combination fails to teach the constructional changes in the device of claim 1, as that claimed by Applicants claim 7, the constructional changes differences are considered obvious design variation in view of Chen teaching of wherein the first part of the binary phase lens has a thickness smaller than the second part (Chen, see figure 1).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim filter with the constructional changes to the limitation of the shape arrangement of the binary phase filter in the manner set forth in applicant's claim 7, in view of the teaches of Kim through a design change to the image formation part (110) which includes an imaging lens (112) defining an optical axis, and captures an image of the target object (1) (see claim 8 and figure 1), and through Ben-Eliezer teaches of wherein a binary phase filter has high resolution and extended depth of field in an imaging system (see page 20540), as desired appropriate in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claim 8, Kim when modified by Ben-Eliezer or Chen, as applied to claim 1,
Kim teaches of the filter 113 is provided below the imaging lens 112 to pass the pattern image reflected from the target object 1. In this instance, the first filter 113 adopts any one of a frequency filter, a color filter, and an optical strength adjustment filter [pars. 0026]
Kim fails to explicitly specify the constructional/structure changes of wherein the first portion is formed by one of thin film deposition, etching, imprinting, and a holographic film.
Ben-Eliezer from the same field of endeavor teaches of wherein binary phase filter is formed by etching, (Ben-Eliezer, see page 20555 and fig. 1).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim filter when modified by Ben-Eliezer or Chen with the constructional changes of claim 8 in the manner set forth in applicant's claim, in view of the teaches of Ben-Eliezer in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claims 9-10, Kim when modified by Ben-Eliezer or Chen, as applied to claim 1, the combination taught of the structure of pattern light and obtaining a three- dimensional shape of the target object (1) by means of pattern images, through a design change to the first pattern illumination generating part (180) in Kim for emitting pattern illumination toward the target object (1) (Kim, see claim 8 and figure 1) and of obtaining a three- dimensional shape of the target object (1) by means of pattern images obtained by the image formation part (110) (Kim, see claim 8 and figure 1), as evidence by the teachings of Kim.
The combination fails to explicitly specify the constructional changes of the amounts to a limitation of the shape arrangement of the binary phase filter in the manner set forth in applicant's claims 9-10, such as, wherein the patterned light is a sinusoidal fringe pattern (claim 9); and further comprising at least one processor configured to generate data related to the three-dimensional shape of the object based on an image of the patterned light emitted onto the object, that is acquired by the imaging device (claim 10).
However, even though, the combination fails to teach the constructional changes in the device of claim 1, as that claimed by Applicants claims 9-10, the constructional changes differences are considered obvious design adjustment in view of Kim teaching of above of the first pattern illumination generating part (180) in Kim for emitting pattern illumination toward the target object (1) (Kim, see claim 8 and figure 1) and of obtaining a three- dimensional shape of the target object (1) by means of pattern images obtained by the image formation part (110) (Kim, see claim 8 and figure 1).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Kim when modified by Ben-Eliezer or Chen with the constructional changes of the phase filter that is a binary phase filter structure in the manner set forth in applicant's claim 9-10, in view of the teaches of Kimn as desired appropriate in order to enhance optical system performance by extending the depth-of-field (DoF) in imaging, increasing focus in microscopy/lithography, and improving pattern recognition in machine vision/imaging system, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed in the attached form PTO-892 teach of other prior art three-dimensional shape measurement apparatus for measuring a three-dimensional shape of an object.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877