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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-11 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The method claims fail to recite any steps.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The apparatus claim fails to recite any structural limitations other than an evaluation device, which is drawn to a generic computer.
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 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2011/0051894 (Takahara).
Regarding claims 1 and 10, as best understood, Takahara disclose a method (and apparatus) for measuring a measurement object using a measuring apparatus by means of x-ray fluorescence, in particular in order to measure the thickness of thin layers on the measurement object or to determine an element concentration in the measurement object, wherein - a primary beam from a radiation source of an x-ray fluorescence device is directed at a measurement object positioned on a measurement table (figure 1),
- secondary radiation emitted by the measurement object is detected by a detector of the x-ray fluorescence device and is forwarded to an evaluation device (paragraph [0009]),
- by means of an optical device, which comprises an image-capturing device and a focusing optical unit, a beam path of the optical device is coupled into the primary beam by means of an in coupling element and is directed at a measurement site of the measurement object and an image of the measurement site is captured, characterized (paragraphs [0010][0012])
- before a measurement task for the measurement object positioned in the measuring apparatus is carried out, a structure of the measurement site of the measurement object is captured (paragraph [0019]),
- a focal plane of the beam path of the image-capturing device is moved to by means of a controllable focusing optical unit with a distance Ds, the distance Ds corresponding to a position of the focal plane above the measurement table and above the measurement object,
- subsequently the focal plane is moved toward the measurement site of the measurement object by means of the focusing optical unit,
- a highest point of the measurement site of the measurement object is captured by an image of the image-capturing device and a distance Di to the measurement table is assigned,
- starting from the distance Di, the focusing optical unit is controlled in a plurality of steps and the focal plane of the beam path of the image-capturing device is moved toward the measurement table by the focusing optical unit and, for each step of the shifted focal plane, an image of the measurement site of the measurement object is captured and a distance D2 ... Dn is assigned,
- all the images captured by the image-capturing device are converted into a summed image by the evaluation device and output on a display connected to the measuring apparatus (see paragraphs [0043][0047]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANI FOX whose telephone number is (571)272-3513. The examiner can normally be reached M-F: 9-5.
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, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANI FOX/Primary Examiner, Art Unit 2884
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