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 .
Allowable Subject Matter
The indicated allowability of claims 3, 5-14, 17-18 and 20 is withdrawn in view of the newly discovered reference(s) to Van Mechelen (US 2015/0211989) and Ouchi et al. (US 2009/0213880). Rejections based on the newly cited reference(s) follow.
This is a second Non-Final.
Claim Objections
Claims 24-25 are objected to because of the following informalities:
Claims 24-25 has been removed from the initial claims, dated 09/30/2024. The Applicant has not noted the status of the removed claims.
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-8, 10-11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Mechelen (US 2015/0211989)(“ Van Mechelen”), and further in view of Ouchi et al. (US 2009/0213880)(“Ouchi”)
Regarding claim 1, Van Mechelen discloses sensor system (Title) and a method for analyzing a wet paint layer of a painted body (Abstract) comprising a layer having a first interface and a second interface ([0093]; FIG. 1; “Other portions of the radiation signal 60, …, are partially reflected at various layer interfaces of the painted body…”; FIG. 1 displays two interfaces at 2a and 4a)([0095]; FIG. 3; “…THz radiation with the painted body 2 …, this time in the case of two layers, one dry layer 4b and one wet layer 4a: At each interface of layers 4a, 4b…”), the method comprising:
obtaining a reference waveform [0159], wherein the reference waveform is obtained by irradiating a uncoated THz reflector with a pulse of terahertz radiation [0159], said pulse comprising a plurality of frequencies in the range from 0.01 THz to 10 THz [0060], and detecting radiation reflected from the reference sample to produce a reference waveform ([0159]; “…FIG. 5 shows the reference waveform obtained by measurement from an uncoated THz reflector…”):
irradiating the sample with a pulse of terahertz radiation ([0093]; “…THz radiation signal 60 emitted from the emitter system 10.”) [0158], said pulse comprising a plurality of frequencies in the range from 0.01 THz to 10 THz [0060];
detecting radiation reflected from the sample to produce a sample waveform ([0101]; “… a maximum portion of the reflected signals in captured by the detector,…”)([0100]; response waveform (THz radiation response) 70) [0164];
obtaining a first reflection waveform from the sample waveform [0095][0117][0118], the first reflection waveform corresponding to the reflection from the first interface (FIG. 3; 4a)[0117]
obtaining a second reflection waveform from the sample waveform [0095][0117][0118], the second reflection waveform corresponding to the reflection from the second interface (FIG. 3; 4b)[0117]+
comparing the first reflection waveform with the second reflection waveform to produce an estimate of a thickness and a complex refractive index of the layer [0117][0118];
producing a synthesized signal [0100] using the estimate of the thickness ([0034]; “(e) a predicted dry layer thickness of the wet paint layer, i.e. a predicted value of the thickness which the wet paint layer will have once it has dried.”) and complex refractive index ([0030]; “The paint type identifier is optionally obtained (possibly among others) from a parameter characterizing the frequency-dependence of the index of refraction (or of a quantity related to the index of refraction, such as a transmission or reflection index) of the respective layer…”) [0036][0097][0098];
varying at least one of the thickness and complex refractive index to reduce an error between the sample waveform and the synthesized signal [0117][0118][0119]; and
outputting the thickness of the layer [0122][0107][0169][0170].
Van Mechelen teaches that paint-specific parameters can be obtained from a previous calibration measurement for a given type of paint [0147] and further teaches of obtaining a value from a calibration layer [0150]. Also, the reference teaches of using a reference waveform or reference spectrum as input data into a physical model algorithm [0045]. Finally, the reference teaches that the reference waveform can be obtained by measurements from an uncoated THz reflector [0159].
Van Mechelen do not specifically disclose a reference waveform that is obtained by irradiating a reference sample.
In the same field of endeavor, Ouchi teaches of a terahertz measuring apparatus [0002] that can take tomographic images of chemical substances such as paints [0005] and structured layers inside a specimen [0080]. Ouchi teaches “…because the THz waves are affected by water vapor in air, the waveform is changed and the resolution of a tomographic image is reduced when the measurement is performed in an environment where nitrogen purge or evacuation is not sufficient. To avoid those drawbacks, …. employs a deconvolution process… the deconvolution process enables the reflected echo peaks from respective interfaces of the three sheets of paper to be more sharply discriminated than the case not performing the deconvolution process. The deconvolution process can be performed by obtaining a reference waveform with a reflecting mirror disposed at the position of a sample (paper).”
In view of Ouchi, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to modify the method of Van Mechelen to utilize a deconvolution process that can obtain a reference waveform by irradiating a reference sample with THz waves. The motivation is to obtain a reference waveform from a reference sample wherein the sample interface is a standard for analyzing the changes between the various layer interfaces. The reference waveform from the reference sample can be utilized for system calibration purposes.
Regarding claim 2, Van Mechelen, in view of Ouchi, discloses a method according to claim 1, the method comprising:
outputting at least one of a density and a conductivity of the layer, wherein the density and conductivity are determined from the thickness and/or complex refractive index (Van Mechelen; [0135]; “…the frequency-dependent index of refraction n(Ω) may alternatively also be replaced by another equivalent parameterization, e.g. the conductivity which is proportional to the index of refraction squared multiplied by frequency.”).
Regarding claim 4, Van Mechelen, in view of Ouchi, discloses a method according to claim 1, wherein:
obtaining the first reflection waveform and the second reflection waveform from the sample waveform comprises using time-gating. (Van Mechelen; [0104][0158][0164])(Ouchi; [0107])
Regarding claim 5, Van Mechelen, in view of Ouchi, discloses a method according to claim 4, wherein the first reflection waveform is transformed to the frequency domain to obtain a first spectrum, and the second reflection waveform is transformed to the frequency domain to obtain a second spectrum. (Van Mechelen; [0045][0060][0096])
Regarding claim 6, Van Mechelen, in view of Ouchi, discloses a method according to claim 1, the method comprising:
deconvolving the sample waveform with the reference waveform to produce a deconvolved waveform (Ouchi; [0101]);
time-gating the deconvolved waveform to obtain the first reflection waveform and the second reflection waveform (Van Mechelen; [0104][0158][0164])(Ouchi; [0107]);
transforming the first reflection waveform to the frequency domain to obtain a first spectrum (Van Mechelen; [0045][0060][0096]); and,
transforming the second reflection waveform to the frequency domain to obtain a second spectrum (Van Mechelen; [0045][0060][0096]).
Regarding claim 7, Van Mechelen, in view of Ouchi, discloses a method according to claim 6, the method comprising:
determining an estimate of the thickness and the complex refractive index from the first spectrum and/or the second spectrum, wherein the complex refractive index is frequency dependent. (Van Mechelen; [0106][0107])
Regarding claim 8, Van Mechelen, in view of Ouchi, discloses a method according to claim 7, the method comprising:
transforming the reference waveform to the frequency domain to obtain a reference spectrum. (Van Mechelen; [0045][0060])
determining an estimate of the real part of the complex refractive index from the reference spectrum and the first spectrum. (Van Mechelen; [0030][0036][0045])
Regarding claim 10, Van Mechelen, in view of Ouchi, discloses a method according to claim 7, the method comprising:
fitting the estimate of the complex refractive index to a physical model, to produce a model of the layer. (Van Mechelen; [0043])
Regarding claim 11, Van Mechelen, in view of Ouchi, discloses a method according to claim 10, wherein varying the complex refractive index to reduce an error between the sample waveform and the synthesized signal comprises varying parameters of the model, wherein the parameters of the model are related to the complex refractive index. (Van Mechelen; [0046][0134])
Regarding claim 15, Van Mechelen, in view of Ouchi, discloses a system for analyzing a sample comprising a layer having a first interface and a second interface (see the rejection of claim 1), the system comprising:
a sensor (Van Mechelen; Fig. 1; [0091]; sensor system 1), the sensor comprising a pulsed source of terahertz radiation adapted to irradiate the sample with a pulse of terahertz radiation (Van Mechelen; [0061][0091]; emitter system 10), said pulse comprising a plurality of frequencies in the range from 0.01 THz to 10 THz (Van Mechelen; [0060], and a detector for detecting reflected radiation to produce a sample waveform, said sample waveform being derived from the reflected radiation(Van Mechelen; [0101]; “… a maximum portion of the reflected signals in captured by the detector,…”)( Van Mechelen; [0100]; response waveform (THz radiation response) 70) (Van Mechelen; [0164]);
wherein the pulsed source is further adapted to irradiate a reference sample with a pulse of terahertz radiation, said pulse comprising a plurality of frequencies in the range from 0.01 THz to 10 THz, and the detector is adapted for detecting radiation reflected from the reference sample to produce a reference waveform (see the rejection of claim 1); and
an analysis unit, said analysis unit comprising a processor (Van Mechelen; [0091]; processing unit 30) and a memory (Van Mechelen; [0087]; a memory of the processing unit), said processor adapted to:
obtain a first reflection waveform from the sample waveform, the first reflection waveform corresponding to the reflection from the first interface (see the rejection of claim 1);
obtain a second reflection waveform from the sample waveform, the second reflection waveform corresponding to the reflection from the second interface (see the rejection of claim 1);
compare the first reflection waveform with the second reflection waveform to produce an estimate of a thickness and a complex refractive index of the layer; produce a synthesized signal using the estimate of the thickness and complex refractive index (see the rejection of claim 1);
vary at least one of the thickness and complex refractive index to reduce an error between the sample waveform and the synthesized signal (see the rejection of claim 1); and
output the thickness of the layer (see the rejection of claim 1).
Allowable Subject Matter
Claim claims 16 and 18-23 allowed.
Claims 9 and 12-14 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:
Regarding claim 9, Van Mechelen, in view of Ouchi, discloses a method according to claim 7, the method comprising:
obtaining the second reflection spectrum;
correcting the second reflection spectrum;
determining the imaginary part of the refractive index from the corrected second reflection spectrum; and
determining the thickness from the corrected second reflection spectrum.
Regarding claim 12, Van Mechelen, in view of Ouchi, discloses a method according to claim 1, comprising:
determining a magnitude of the first reflection waveform;
comparing the magnitude of the first reflection waveform with a magnitude of the reference waveform to produce a first ratio; and
estimating a real part of the complex refractive index using the first ratio.
Claims 13-14 are objected due to being dependent on objected base claim 12.
Regarding claim 16, Van Mechelen do not disclose a system for analyzing a sample comprising a layer having a first interface and a second interface, the system comprising:
a sensor, the sensor comprising a pulsed source of terahertz radiation adapted to irradiate the sample with a pulse of terahertz radiation, said pulse comprising a plurality of frequencies in the range from 0.01 THz to 10 THz, and a detector for detecting reflected radiation to produce a sample waveform, said sample waveform being derived from the reflected radiation;
wherein the sensor comprises an optical element adapted to resolve reflected radiation from both the first interface and the second interface, wherein the optical element comprises a f-number of 3 or more.
Claim 18 is objected due to being dependent on objected base claim 16.
Regarding claim 19, Van Mechelen do not disclose a system for analyzing a sample comprising a layer having a first interface and a second interface, the system comprising a sensor, the sensor comprising a pulsed source of terahertz radiation adapted to irradiate the sample with a pulse of terahertz radiation, said pulse a plurality of frequencies in the range from 0.01 THz to 10 THz, a detector for detecting reflected radiation, and an optical element,
the method comprising:
obtaining an estimate of the refractive index of the layer;
obtaining an estimate of the thickness of the layer; and
determining a f-number of the optical element such that the confocal parameter, scaled by the estimate of the refractive index, is greater than the estimate of the thickness of the layer.
Regarding claim 20, Van Mechelen do not disclose a process for manufacturing an electrode for a battery, the process comprising:
coating a substrate with a layer, wherein the layer has a first interface and a second interface;
drying the coated layer; and
calendaring the dried layer;
the process further comprising:
analyzing the layer with a method for analyzing a sample, the method comprising:
irradiating the sample with a pulse of terahertz radiation, said pulse comprising a plurality of frequencies in the range from 0.01 THz to 10 THz;
detecting radiation reflected from the sample to produce a sample waveform;
obtaining a first reflection waveform from the sample waveform, the first reflection waveform corresponding to the reflection from the first interface;
obtaining a second reflection waveform from the sample waveform, the second reflection waveform corresponding to the reflection from the second interface;
comparing the first reflection waveform with the second reflection waveform to produce an estimate of a thickness and a complex refractive index of the layer;
producing a synthesised signal using the estimate of the thickness and complex refractive index;
varying at least one of the thickness and complex refractive index to reduce an error between the sample waveform and the synthesised signal; and
outputting the thickness of the layer,
wherein the layer is analyzed at any one or more of: before drying the layer, after drying the layer, before calendaring the dried layer, and after calendaring the dried layer; and
adjusting process conditions for any one or more of the steps of: coating a substrate with a layer; drying the layer; and calendaring the dried layer.
Regarding claim 21, Van Mechelen do not disclose A sensor for analyzing a sample comprising a layer having a first interface and a second interface, the sensor comprising:
a pulsed source of terahertz radiation adapted to generate a pulse of terahertz radiation, said pulse comprising a plurality of frequencies in the range from 0.01 THz to 10 THz;
a focusing element configured to direct the generated pulse of terahertz radiation towards a sample using a first path, and to direct the pulse of terahertz radiation towards an internal mirror using a second path; and,
a detector for detecting reflected radiation to produce a sample waveform, wherein the sample waveform comprises radiation reflected from the sample via the first path, and radiation reflected from the internal mirror via the second path.
Claims 22-23 are objected due to being dependent on objected base claim 21.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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/HUGH MAUPIN/Primary Examiner, Art Unit 2884
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