Prosecution Insights
Last updated: October 02, 2026
Application No. 18/860,200

HIGH THROUGHPUT, THERMO-REFLECTANCE MICROSCOPY TO MEASURE THERMAL TRANSPORT AT THE MICROSCOPIC SCALE

Non-Final OA §103
Filed
Oct 25, 2024
Priority
Apr 29, 2022 — provisional 63/336,711 +1 more
Examiner
MANCINI, EVAN THOMAS
Art Unit
Tech Center
Assignee
Brigham Young University
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
1y 4m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
37 granted / 64 resolved
-2.2% vs TC avg
Strong +34% interview lift
Without
With
+33.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
13 currently pending
Career history
76
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
49.0%
+9.0% vs TC avg
§102
34.0%
-6.0% vs TC avg
§112
14.7%
-25.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 64 resolved cases

Office Action

§103
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 Objections Claims 5-7 and 19 are objected to because of the following informalities: Claims 5-7 and 19 recite “the heat equation.” This is interpreted to mean the Fourier partial differential equation for thermal diffusivity generally referred to as “the heat equation” in the field of thermodynamics. To avoid any potential ambiguity, the examiner advises replacing “the heat equation” with the general formula or more explicit terminology as desired by the applicant. Appropriate correction is required. 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 1-3, 5, 7, 10, 13, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Munro (US 20200011798 A1) further in view of Nicolaides (US 20030234933 A1). Regarding Claim 1: Munro discloses (in at least figures 6-8, the description, and the claims) a method for determining a thermal property of a material sample (fig. 6 and par. 68: method 600 of determining a material property), the method comprising: a) illuminating a surface of the material sample that has a material disposed thereon with a pump light from a pump light source and a probe light of a probe light source at a plurality of locations on the surface (fig. 6 and par. 68: “method 600 includes […] an act 620 of (b) illuminating the surface of the material sample with an infrared light from a pump light source and a probe light from a probe light source at an initial location on the surface, wherein probe light is emitted at a substantially fixed intensity and is concentrically disposed within a beam of the infrared light” See also par. 85: “The method 600 may include moving the pump light source, probe light source, and detector (e.g., the optical pick-up) or a target region of each of the same to at least one additional location on the surface, repeating acts (b)-(h), and determining if the thermal diffusivity at the initial location and the at least one additional location is different.”); b) modulating an intensity of the pump light at an initial modulation frequency (fig. 6 and par. 68: “[…] act 130 of (c) modulating an intensity of the infrared light at an initial modulation frequency;”); c) detecting reflected light from the material at a photodetector, over a duration, responsive to reflected light induced via the probe light from the probe light source (fig. 6 and par. 68: “act 640 of (d) detecting fluorescent signals from the fluorescent indicator at a photodetector, over a duration, responsive to fluorescent emissions induced via illumination of the fluorescent indicator by the probe light […]”); d) altering the initial modulation frequency of the pump light to an altered modulation frequency (fig. 6 and par. 68: “act 670 of (g) altering the initial modulation frequency to an altered modulation frequency having a higher or lower frequency than a current modulation frequency, and performing acts (d)-(f) at the altered modulation frequency;”); e) performing acts a) - d) at the altered modulation frequency (fig. 6 and par. 68: “act 670 of (g) altering the initial modulation frequency to an altered modulation frequency having a higher or lower frequency than a current modulation frequency, and performing acts (d)-(f) at the altered modulation frequency;”); and f) determining the thermal property at least partially based on the reflected light (fig. 6 and par. 68: “act 680 of (h) determining the thermal diffusivity of one or more portions of the material sample at least partially based on the fluorescent emissions.”). Munro does not explicitly disclose wherein the material is a reflective material. Nicolaides discloses an analogous method (fig. 2 and par. 29: modulated reflectance measurement system 200) comprising a) illuminating a surface of a material sample that has a reflective material disposed thereon (fig. 2 and par.’s 29-32: sample 214 is illuminated by probe beam from probe laser 202. See par. 31: “After striking sample 214, the reflected probe beam is redirected by a beam splitter 222 towards a detector 224”), c) detecting reflected light from the reflective material at a photodetector (fig. 2 and par.’s 29-32: “par. 31: “After striking sample 214, the reflected probe beam is redirected by a beam splitter 222 towards a detector 224””), and f) determining a thermal property at least partially based on the reflected light (fig. 2 and par.’s 29-32: “Detector 224 measures the energy reflected by sample 214 and forwards a corresponding signal to a filter 226.” See also par. 5, par. 7, and par. 16.) Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Munro’s material to be reflective, as taught by Nicolaides, to allow the thermal characteristics related to the modulated optical reflectivity of the sample to be directly measured and allow for better monitoring of laser pointing stability. (Nicolaides par.’s 4-8 and par. 16.) Regarding Claim 2: Munro and Nicolaides disclose the method of claim 1, and Munro further discloses wherein modulating an intensity of the pump light at an initial modulation frequency includes modulating the intensity of the pump light in a sinusoidal pattern of increasing and decreasing intensities (fig. 6 and par. 73: “ modulating the intensity of the infrared light at the initial modulation frequency may include initiating a sinusoidal modulation of the infrared radiation emitted from the pump light source […] modulating the intensity of the infrared light at the initial modulation frequency may include modulating the intensity of the infrared beam in a sinusoidal pattern of increasing and decreasing intensities effective to cyclically heat the material sample in the sinusoidal pattern.”). Regarding Claim 3: Munro and Nicolaides disclose the method of claim 1, and Munro further discloses wherein the altered modulation frequency includes a higher or lower frequency than the initial modulation frequency (fig. 6 and par. 80: “the altering the initial modulation frequency to an altered modulation frequency having a higher or lower frequency than a current modulation frequency may include increasing or decreasing the frequency of the modulation of the infrared light (e.g., voltage provided to the pump light source) form the initial modulation frequency.”). Regarding Claim 5: Munro and Nicolaides disclose method of claim 1, and Munro further discloses wherein determining the thermal property at least partially based on the light includes: determining a phase delay in a pattern of intensity of reflected light with respect to the modulated intensity of the pump light corresponding thereto (fig. 6 and par. 68: “act 650 of (e) determining the phase delay in a pattern of the intensity of the fluorescent signals with respect to the modulated intensity of the infrared light, wherein the pattern of fluorescent signals corresponds to a phase delayed frequency of the modulated intensity of the infrared light; ”); determining an amplitude of the pattern of intensity of light received by the photodetector, wherein the pattern of reflected light corresponds to a phase delayed signal compared to the modulated intensity of the pump light corresponding thereto (fig. 6 and par. 68: “the pattern of fluorescent signals corresponds to a phase delayed frequency of the modulated intensity of the infrared light […] act 660 of (f) determining an amplitude of the pattern of fluorescent signals detected at the photodetector;” See also par. 82); and determining one or more of a thermal conductivity, thermal diffusivity, or a Kapitza resistance of the material sample at a plurality of locations thereon by solving the heat equation at each of the plurality of locations (fig. 6 and par. 68: “act 680 of (h) determining the thermal diffusivity of one or more portions of the material sample at least partially based on the fluorescent emissions.” See also par. 75 and par.’s 53-65: Use of heat equation solution to determine thermal diffusivity.). Nicolaides discloses wherein the sample has a reflective material disposed thereon (and accordingly the thermal property being at least partially based on explicitly reflected light). The rationale to combine is the same as claim 1. Regarding Claim 7: Munro and Nicolaides disclose the method of claim 5, and Munro further discloses wherein determining one or more of a thermal conductivity, thermal diffusivity, and/or a Kapitza resistance of the material sample at a plurality of locations thereon by solving the heat equation at each of the plurality of locations is performed contemporaneously on a supercomputer for each of the plurality of locations (par. 47: “ The hardware for determining the phase delay φ may include the controller or another computing device containing software for carrying out one or more portions of any of the functions or methods disclosed herein. The hardware for determining the phase delay φ may include a lock-in amplifier. For example, the lock-in amplifier may be a commercial lock-in amplifier such as a model SR850 lock-in amplifier (from Stanford Research Systems of Sunnyvale, Calif.)” See also par. 83: “, the amplitudes and phase delays may be plotted as a function of the respective modulation frequencies to make curves to calculate the thermal diffusivity as disclosed above with respect to the act 170 […] Determining the thermal diffusivity of one or more portions of the material sample at least partially based on the fluorescent emissions may include using a curve-fitting program (e.g., Levenberg-Marquardt non-linear curve-fitting program) to fit a value of thermal diffusivity α that produces the lowest chi-squared value (e.g., error), as disclosed herein. The value of the thermal diffusivity α with the lowest error is taken as the thermal diffusivity α of the material (e.g., the determined thermal diffusivity of the material) at the location that is irradiated, as disclosed herein. Determining the thermal diffusivity of one or more portions of the material sample at least partially based on the fluorescent emissions may include performing a Chi-squared analysis to give the base estimate of the uncertainty of the value of the determined thermal diffusivity α, as disclosed herein”). Regarding Claim 10: Munro and Nicolaides disclose the method of claim 1, and Munro discloses the method further comprising translating the probe light to a different plurality of locations relative to the corresponding pump light and performing one or more of acts (b) - (g) at the different plurality of locations (fig.’s 7A-7B and par. 6: “The system includes one or more first actuators configured to move one or more of the optical arrangement or the support with respect to the other. The system includes one or more second actuators positioned and configured to move one or more of the support or the optical arrangement with respect to the other.” See par. 85, par. 91, and par.’s 99-102. See also par. 85: “The method 600 may include moving the pump light source, probe light source, and detector (e.g., the optical pick-up) or a target region of each of the same to at least one additional location on the surface, repeating acts (b)-(h), and determining if the thermal diffusivity at the initial location and the at least one additional location is different.” ). Regarding Claim 13: Munro discloses (in at least figures 6-8, the description, and the claims) a system for determining a thermal property of a material sample (fig. 7A and par. 91: system 700 for determining a thermal diffusivity of a material sample), the system comprising: an optical arrangement (fig. 7A and par. 91: optical arrangement 710) including a pump light source (fig. 7A and par. 91: pump light source 712), a probe light source (fig. 7A and par. 91: probe light source 714), and a photodetector (fig. 7A and par. 91: photodetector 716), wherein the probe light source is configured to emit probe light (par. 94: “probe light source 714 may emit probe light 715 of a selected wavelength or intensity”) and the pump light source is configured to emit pump light (par. 93: “ pump light source 712 may emit pump light 713 at a selected wavelength”) onto a material disposed on a sample (fig. 7A and par. 91: material sample 780); and at least one controller operably coupled to the optical arrangement (fig. 7A and par. 91: “controller 720 can be operably coupled to one or more of the pump light source 712 , the probe light source 714 , the photodetector 716 , and one or more actuators 750 or 760”), wherein the controller is configured to: direct the probe light source to simultaneously emit the probe light to a first plurality of locations (par. 103: “ controller 720 may be operably coupled to the probe light source 714 in the optical arrangement 710 and may direct the probe light source 714 to emit the probe light 715 such as at any of the wavelengths or intensities disclosed herein.”); direct the pump light source to simultaneously emit the pump light to a second plurality of locations corresponding to the first plurality of locations and modulate an intensity of the pump light according to a selected frequency (par. 103: “ controller 720 may be operably coupled to the pump light source 712 and may direct the pump light source 712 to emit the pump light 713 (e.g., infrared light) and modulate an intensity of the pump light 713 according to a selected frequency (e.g., modulation frequency). ”); receive electrical signals from the photodetector corresponding to light detected at the photodetector (par. 103: “controller 720 may be operably coupled to the photodetector 716 (e.g., photodiode(s)) and may receive signals (e.g., voltage) from the photodetector 716 corresponding to fluorescent signals 719 detected at the photodetector 716”); and determine the thermal property partially based on the light detected at the photodetector (par. 103: “controller 720 may automatically determine a thermal diffusivity of the material sample 780 at one or more locations thereon using the received signals (e.g., voltage) corresponding to the detected fluorescent signals 719 .”). Munro does not explicitly disclose wherein the material is a reflective material. Nicolaides discloses an analogous art (fig. 2 and par. 29: modulated reflectance measurement system 200) wherein the light source is configured to emit light onto a reflective material disposed on a sample (fig. 2 and par.’s 29-32: sample 214 is illuminated by probe beam from probe laser 202. See par. 31: “After striking sample 214, the reflected probe beam is redirected by a beam splitter 222 towards a detector 224”), receive electrical signals from the photodetector corresponding to reflected light detected at a photodetector (fig. 2 and par.’s 29-32: “par. 31: “After striking sample 214, the reflected probe beam is redirected by a beam splitter 222 towards a detector 224””), and determine the thermal property partially based on the reflected light detected at the photodetector. (fig. 2 and par.’s 29-32: “Detector 224 measures the energy reflected by sample 214 and forwards a corresponding signal to a filter 226.” See also par. 5, par. 7, and par. 16.) Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Munro’s material to be reflective, as taught by Nicolaides, to allow the thermal characteristics related to the modulated optical reflectivity of the sample to be directly measured and allow for better monitoring of laser pointing stability. (Nicolaides par.’s 4-8 and par. 16.) Regarding Claim 18: Munro and Nicolaides disclose the system of claim 13, and Munro further discloses wherein the optical arrangement includes one or more of: a polarizing beam splitter disposed between the probe light source and the photodetector (fig. 7A and par. 91: beam splitter 717 and a filter 718. See also par. 96.); Nicolaides further discloses wherein the optical arrangement includes one or more of: a polarizing beam splitter disposed between the probe light source and the photodetector (fig. 2 and par.’s 31-36: beam splitter 222, dichroic beam splitter 212, beam splitter 324) a dichroic mirror disposed between the pump light source and the probe light source (fig. 2 and par. 30: dichroic mirror 212); The rationale to combine is the same as claim 1. In another embodiment, (Nicolaides fig. 3 and par. 34: modulated reflectance measurement system 300) Nicolaides further discloses a quarter wave plate disposed between the probe light source and the material sample (fig. 3: λ / 4 plate) Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the device of Munro and Nicolaides’ first embodiment (Nicolaides fig. 2), to incorporate the optical elements of Nicolaides additional embodiment (Nicolaides fig. 2) to allow for better monitoring of laser pointing stability without the need for an additional tracking mechanism (Nicolaides par. 37). Regarding Claim 19: Munro and Nicolaides disclose the system of claim 13, and Munro discloses wherein the at least one controller is configured to determine the thermal property partially based on the light detected at the photodetector by: determining a phase delay in a pattern of intensity of reflected light with respect to a modulated intensity of the pump light corresponding thereto (fig. 6 and par. 68: “act 650 of (e) determining the phase delay in a pattern of the intensity of the fluorescent signals with respect to the modulated intensity of the infrared light, wherein the pattern of fluorescent signals corresponds to a phase delayed frequency of the modulated intensity of the infrared light; ”); determining an amplitude of the pattern of reflected light received by the photodetector, wherein the pattern of reflected light corresponds to a phase delayed signal compared to the modulated intensity of the pump light corresponding thereto (fig. 6 and par. 68: “the pattern of fluorescent signals corresponds to a phase delayed frequency of the modulated intensity of the infrared light […] act 660 of (f) determining an amplitude of the pattern of fluorescent signals detected at the photodetector;” See also par. 82); and determining one or more of a thermal conductivity, thermal diffusivity, or a Kapitza resistance of the material sample at a plurality of locations thereon by solving the heat equation at each of the plurality of locations (fig. 6 and par. 68: “act 680 of (h) determining the thermal diffusivity of one or more portions of the material sample at least partially based on the fluorescent emissions.” See also par. 75 and par.’s 53-65: Use of heat equation solution to determine thermal diffusivity.). Nicolaides discloses wherein the sample has a reflective material disposed thereon (and accordingly the thermal property being at least partially based on explicitly reflected light). The rationale to combine is the same as claim 13. Claims 4, 6, 8- 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Munro and Nicolaides as applied to claim 1 and 13 above, and further in view of Schiffres (US 20200333295 A1). Regarding Claim 4: Munro and Nicolaides disclose the method of claim 1, and Munro discloses wherein determining the thermal property partially based on the reflected light includes determining a thermal diffusivity of the material sample at each of the plurality of locations of the probe light (par. 85: “The method 600 may include moving the pump light source, probe light source, and detector (e.g., the optical pick-up) or a target region of each of the same to at least one additional location on the surface, repeating acts (b)-(h), and determining if the thermal diffusivity at the initial location and the at least one additional location is different.”). Munro and Nicolaides do not disclose determining a thermal conductivity. Schiffres discloses an analogous method (fig.’s 1A-2, abstract, and par. 14: system for measuring thermal characteristics) wherein determining the thermal property partially based on the reflected light (par. 14: “a system for measuring thermal characteristics […] configured to analyze the measured dynamic thermal response to determine presence of a manufacturing defect in the object undergoing additive manufacturing, before completion of manufacturing.” See par. 16, par. 21: “a method for measuring characteristics, comprising: modulating an energy output of a directed energy source, incident on an object undergoing additive manufacturing; measuring temporal characteristics dependent on the modulation of the energy output […]”, par. 22: “temporal characteristics may comprise a timeconstant, a phase delay, or a signal amplitude, for example.” See also par. 23 and par. 64: analysis at multiple locations/areas, par.’s 129-131 and par.’s 136-142) includes determining a thermal conductivity and diffusivity of the material sample at each of a plurality of locations (par. 62: “The analyzing may determine at least one thermal property selected from the group consisting of thermal conductivity, density, specific heat […]. See also par.’s 6-8, par. 161-163). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for thermal conductivity, as taught by Sumi, to be determined in the method of Munro and Nicolaides thereby expanding the capability of the system and allowing for a more complete model of the sample’s thermodynamic properties to be generated (Schiffres abstract, par. 14, par, 16, par.’s 21-22, and par. 62.) Regarding Claim 6: Munro and Nicolaides disclose the method of claim 5, and Munro discloses wherein determining the thermal diffusivity of the material sample at the plurality of locations thereon by solving the heat equation at each of the plurality of locations includes: determining the amplitude and phase of each pattern of reflected light as a function of a corresponding modulation frequency of the pump light (fig. 6 and par. 68: “ act 650 of (e) determining the phase delay in a pattern of the intensity of the fluorescent signals with respect to the modulated intensity of the infrared light, wherein the pattern of fluorescent signals corresponds to a phase delayed frequency of the modulated intensity of the infrared light; an act 660 of (f) determining an amplitude of the pattern of fluorescent signals detected at the photodetector;” See par. 68: “Using the amplitudes and phase delays of the patterns of fluorescent signals to solve for thermal diffusivity of the material sample at each of the one or more points may be as described […]” See also par. 82 ); and using the amplitudes and phase delays of the patterns of reflected light, as a function of the corresponding modulation frequencies of the pump light and spatial distance of the probe light from the pump light, to solve for a thermal and a diffusivity of the material sample at each of the plurality of locations using the heat equation (fig. 6 and par. 68: “act 680 of (h) determining the thermal diffusivity of one or more portions of the material sample at least partially based on the fluorescent emissions.” See also par. 75 and par.’s 53-65: Use of heat equation solution to determine thermal diffusivity. See par.’s 59-63 and associated equations: Application of spatial Fourier transform to solve heat equation and use of spatial distance between light sources and surface.). Munro and Nicolaides do not disclose determining a thermal conductivity. Schiffres discloses an analogous method (fig.’s 1A-2, abstract, and par. 14: system for measuring thermal characteristics) wherein determining the thermal conductivity and diffusivity of the material sample at the plurality of locations thereon by solving the heat equation at each of the plurality of locations (par. 14: “a system for measuring thermal characteristics […] configured to analyze the measured dynamic thermal response to determine presence of a manufacturing defect in the object undergoing additive manufacturing, before completion of manufacturing.” See also par.’s 182-194: ) includes: determining the amplitude and phase of each pattern of reflected light as a function of a corresponding modulation frequency of the pump light (par. 21: “a method for measuring characteristics, comprising: modulating an energy output of a directed energy source, incident on an object undergoing additive manufacturing; measuring temporal characteristics dependent on the modulation of the energy output […]”, par. 22: “temporal characteristics may comprise a timeconstant, a phase delay, or a signal amplitude, for example.” See par. 189: “Flash diffusivity tests, which are based on the time it takes a heat pulse to travel through a material, were conducted to determine the bulk thermal conductivity of each sample based on the accepted value for the heat capacity” and par. 191: “This process works by modulating the surface temperature by focusing a modulated laser (488 nm), referred to as the pump, onto the sample surface. [35] As the surface temperature oscillates, it causes an oscillation in the reflectance of the material at the surface. A second co-axial laser (532 nm), referred to as the probe, is then used to sample the temperature through the change in reflectance with temperature. This periodic oscillation of the reflected probe signal is sensed with a photodiode connected to a lock-in amplifier. [35]” See also par. 23 and par. 64: analysis at multiple locations/areas, par.’s 129-131 and par.’s 136-142); and using the amplitudes and phase delays of the patterns of reflected light, as a function of the corresponding modulation frequencies of the pump light and spatial distance of the probe light from the pump light, to solve for a thermal conductivity and a diffusivity of the material sample at each of the plurality of locations using the heat equation (See par. 189: “Flash diffusivity tests, which are based on the time it takes a heat pulse to travel through a material, were conducted to determine the bulk thermal conductivity of each sample based on the accepted value for the heat capacity […]”, fig. 9, fig.’s 18-20, and par. 190: “The local thermal conductivities of the samples were measured by frequency domain thermoreflectance (FDTR), as shown in FIG. 9. See also FIGS. 18-20, which show an FDTR amplitude map (FIG. 19), an FDTR phase map (FIG. 20), and an FDTR conductivity map (FIG. 21).” See also par.’s 192-194: incorporation of spatial distance into heat equation for plane measurements of thermal properties.). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for thermal conductivity, as taught by Sumi, to be determined in the method of Munro and Nicolaides thereby expanding the capability of the system and allowing for a more complete model of the sample’s thermodynamic properties to be generated (Schiffres abstract, par. 14, par, 16, par.’s 21-22, and par. 62.) Regarding Claim 8: Munro and Nicolaides disclose the method of claim 1, but neither disclose the method further comprising identifying physical properties of the material at the plurality of locations based on the thermal properties at the plurality of locations. Schiffres discloses an analogous method (fig.’s 1A-2, abstract, and par. 14: system for measuring thermal characteristics) further comprising identifying physical properties of the material at the plurality of locations based on the thermal properties at the plurality of locations (par. 14: “a system for measuring thermal characteristics […] configured to analyze the measured dynamic thermal response to determine presence of a manufacturing defect in the object undergoing additive manufacturing, before completion of manufacturing.” See par. 16, par. 21: “a method for measuring characteristics, comprising: modulating an energy output of a directed energy source, incident on an object undergoing additive manufacturing; measuring temporal characteristics dependent on the modulation of the energy output […]”, par. 22: “temporal characteristics may comprise a timeconstant, a phase delay, or a signal amplitude, for example.” See also par. 62: “The analyzing may determine at least one thermal property selected from the group consisting of thermal conductivity, density, specific heat, porosity, defect present, powder emissivity, powder conductance to substrate, powder diameter, powder surface coating, oxide layer, conductivity, powder surface coating thickness, powder coating specific heat, powder coating density, interfacial properties between grains, thickness of melt pool, latent heat of phase change, roughness, balling, and incomplete fusion.”). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the method of Munro and Nicolaides to, as taught by Schiffres, further comprise identifying physical properties of the material thereby expanding the capability of the system in manufacturing or semiconductor environment by allowing the material to be analyzed for physical defects, discontinuities, and other properties while undergoing observation (Schiffres abstract, par. 14, par, 16, par.’s 21-22, and par. 62.) Regarding Claim 9: Munro and Nicolaides in view of Schiffres disclose method of claim 8, and Schiffres further discloses wherein identifying physical properties of the material at the plurality of locations includes identifying grain boundaries in the material based on a phase delay of the reflected light at the plurality of locations (Schiffres par. 21: “a method for measuring characteristics, comprising: modulating an energy output of a directed energy source, incident on an object undergoing additive manufacturing; measuring temporal characteristics dependent on the modulation of the energy output […]”, par. 22: “temporal characteristics may comprise a timeconstant, a phase delay, or a signal amplitude, for example.” See also par. 62: “The analyzing may determine at least one thermal property selected from the group consisting of thermal conductivity, density, specific heat, porosity, defect present, powder emissivity, powder conductance to substrate, powder diameter, powder surface coating, oxide layer, conductivity, powder surface coating thickness, powder coating specific heat, powder coating density, interfacial properties between grains, thickness of melt pool, latent heat of phase change, roughness, balling, and incomplete fusion.” See also fig. 15 and par. 107: “FIG. 15 shows thermal conductivity mapping from periodic heating response, in which defects at grain boundaries are observed as the low conductivity regions between grains.” See also par. 161-163). The rationale to combine is the same as for claim 8. Regarding Claim 20: Munro and Nicolaides disclose the system of claim 13, but neither discloses the system further comprising identifying grain boundaries in the material sample based on a phase delay of the reflected light at the plurality of locations. Schiffres discloses an analogous system (fig.’s 1A-2, abstract, and par. 14: system for measuring thermal characteristics) further comprising identifying grain boundaries in the material sample based on a phase delay of the reflected light at the plurality of locations. (Schiffres par. 21: “a method for measuring characteristics, comprising: modulating an energy output of a directed energy source, incident on an object undergoing additive manufacturing; measuring temporal characteristics dependent on the modulation of the energy output […]”, par. 22: “temporal characteristics may comprise a timeconstant, a phase delay, or a signal amplitude, for example.” See also par. 62: “The analyzing may determine at least one thermal property selected from the group consisting of thermal conductivity, density, specific heat, porosity, defect present, powder emissivity, powder conductance to substrate, powder diameter, powder surface coating, oxide layer, conductivity, powder surface coating thickness, powder coating specific heat, powder coating density, interfacial properties between grains, thickness of melt pool, latent heat of phase change, roughness, balling, and incomplete fusion.” See also fig. 15 and par. 107: “FIG. 15 shows thermal conductivity mapping from periodic heating response, in which defects at grain boundaries are observed as the low conductivity regions between grains.” See also par. 161-163). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the method of Munro and Nicolaides to, as taught by Schiffres, further comprise identifying physical properties of the material thereby expanding the capability of the system in manufacturing or semiconductor environment by allowing the material to be analyzed for physical defects, discontinuities, and other properties while undergoing observation (Schiffres abstract, par. 14, par, 16, par.’s 21-22, and par. 62.) Claims 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munro and Nicolaides as applied to claim 1 above, and further in view of Ihn (US 5977543 A). Regarding Claim 11: Munro and Nicolaides disclose the method of claim 1, and Nicolaides further discloses the method further comprising disposing the reflective material on the surface of the material sample (fig. 2 and par.’s 29-32: sample 214 is illuminated by probe beam from probe laser 202. See par. 31: “After striking sample 214, the reflected probe beam is redirected by a beam splitter 222 towards a detector 224.”). Munro and Nicolaides do not explicitly disclose that the material sample has been polished. Ihn discloses an analogous method (fig.’s 1-2 and col. 2 lines 11-67: transmission electron microscope) comprising disposing a reflective material on a surface of a material sample that has been polished (col. 3 lines 39-48: “ the analysis sample of the present invention is manufactured in the following sequence: (1) cutting a region containing an analysis point from a substrate (S2); (2) grinding using the polishing process (S4); (3) attaching the sample to a grid (S6); coating the sample with gold by sputtering (S8)”). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Munro and Nicolaides to, as taught by Ihn, polish the material sample before disposing the material sample to produce a surface capable of receiving specific reflective and conductive materials that allow for dedicated microscopic procedures thereby increasing the variety of analytical tests that can be accomplished by the method. Regarding Claim 12: Munro and Nicolaides in view of Ihn disclose method of claim 11, and Ihn further discloses wherein disposing a reflective material on a surface of the material sample that has been polished includes disposing a gold or titanium film on the surface of the material sample (col. 3 lines 39-48: “ the analysis sample of the present invention is manufactured in the following sequence: (1) cutting a region containing an analysis point from a substrate (S2); (2) grinding using the polishing process (S4); (3) attaching the sample to a grid (S6); coating the sample with gold by sputtering (S8)”). The rationale to combine is the same as for claim 11. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Munro and Nicolaides as applied to claim 13 above, and further in view of Inoue (US 20130208142 A1). Regarding Claim 14: Munro and Nicolaides disclose the system of claim 13, but neither discloses wherein the photodetector includes a lock-in camera. Inoue discloses an analogous system (fig. 5, abstract, and par. 43: lock-in image pickup system. See also par. 71) wherein a photodetector includes a lock-in camera (fig. 5 and par. 71: “lock-in image pickup system according to the first example of this invention uses, as the THz light source 1, a quantum cascade laser (QCL) for radiating an emission line (the THz wave) 2 having a frequency of 3.1 THz.”). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the lock-in camera, as taught by Inoue, to be included in the system of Munro and Nicolaides to improve image capture quality in an environment where light sources are pulsed or modulated (Inoue abstract, par.’s 16-21, and par. 46). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Munro and Nicolaides as applied to claim 13 above, and further in view of Hartwig (US 20140022760 A1). Regarding Claim 15: Munro and Nicolaides disclose the system of claim 13, but neither discloses wherein pump light source includes a digital light processing projector. Hartwig discloses an analogous art (fig.’s 1-3, fig. 5, and par.’s 48-51: phosphor wheel for converting pump light) wherein pump light source includes a digital light processing projector (par. 73: phosphor wheel 1 according to the invention, on which the first phosphor 3a is provided in a first circle segment and the second phosphor 4 is provided in a second circle segment, complementary to the first. The graphs illustrate switching schemes of a projection device, specifically of a DLP projector (Digital Light Processing); the phosphor wheel is in turn pumped by a laser, and this phosphor wheel channel (green 1/green 2) is combined with two LED channels (red, blue) to form a multi-channel hybrid system (red, green 1/green 2, blue).). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the digital light projector, as taught by Hartwig, to be included in the system of Munro and Nicolaides to provide an efficient, hybrid light management system that can be used in a range of environments (Hartwig abstract and par. 73). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Munro and Nicolaides as applied to claim 13 above, and further in view of Kjaer (US 20190162528 A1). Regarding Claim 16: Munro and Nicolaides disclose the system of claim 13 but neither discloses wherein the probe light source includes a digital light processing projector. Kjaer discloses an analogous art (fig.’s 4-6C and par.’s 123-131: probe light 3D scanner) wherein the probe light source includes a digital light processing projector (par.’s 72-75: projector unit comprises a lens system for imaging the mask onto the object., par. 79: “actuator unit is configured for periodically changing the orientation and/or position of the projector unit such that a periodic movement of the probe light beam pattern over the object is provided.” See fig. 4 and par. 121: projector unit 401. See also fig. 5 and par. 123: projector unit 501). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the digital light projector, as taught by Kjaer, to be included in the system of Munro and Nicolaides to provide lightweight, movable, and effective light system (Kjaer abstract, par. 64, par.’s 72-79). Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Munro and Nicolaides as applied to claim 13 above, and further in view of Mordaunt (US 20070230520 A1). Regarding Claim 17: Munro and Nicolaides disclose the system of claim 13, and Munro further discloses wherein the pump light includes a red laser light (par. 70: “Illuminating the surface of the material sample with probe light from the probe light source at the initial location on the surface may include emitting color light onto the surface of the material sample using a color laser. The color laser may emit probe light in a selected color, such as blue, red, etc. The color of the probe light may be selected to cause fluorescent emission in the fluorescent indicator, such as emissions at a selected wavelength.”) Neither discloses wherein the probe light includes a green laser light. Mordaunt discloses an analogous art (fig.’s 1-4, abstract, and par. 25: system, apparatus, and method may provide laser beams of two or more wavelengths from diode pumped solid-state laser sources (220, 222, 224)) wherein a probe light includes a green laser light (par. 25: “three diode pumped solid state (DPSS) laser sources, within laser cavities 152, 154 and 156, which may provide, for example, green, yellow, and red laser beams.”). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Munro and Nicolaides’ probe laser to, as taught by Mordaunt, include a green laser light to provide multiple selectively separate color laser light sources in the system (Mordaunt abstract, par.’s 5-8 and par. 25). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes: Fishman (US 5574562 A) discloses the method and apparatus according to certain limitations of at least claims 1-3, 5, 7, 10, 13, and 18-19. Salnik (US 20080036998 A1) discloses the method and apparatus according to certain limitations of at least claims 1-3, 5, 7, 10, 13, and 18-19. Dazzi (US 20090249521 A1) discloses the method and apparatus according to certain limitations of at least claims 1-3, 13, and 18-19. Larimer (US 20180274905 A1) discloses the method and apparatus according to certain limitations of at least claims 1-3, 13, and 18-19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN MANCINI whose telephone number is (703)756-5796. The examiner can normally be reached Mon-Fri 8AM-5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KRISTINA DEHERRERA can be reached at (303)297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EVAN MANCINI/Examiner, Art Unit 2855 /KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
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Prosecution Timeline

Oct 25, 2024
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §103 (current)

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1-2
Expected OA Rounds
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3y 3m (~1y 4m remaining)
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