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 4, 9, 10, & 15 are objected to because of the following informalities:
In regards to claims 4, 9, & 15 , the claimed subject matter “the second beam steering mirror” has no antecedence.
In regards to claim 10, the claimed subject matter “the sample for us” should be “the sample for use” since it is grammatically incorrect.
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.
Claim(s) 1, 6, & 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Opsal US 20050036136 in further view of Rotter US 20100328670.
With respect to claim 1, Kerimo teaches a system for creating an infrared absorption image of a sample with a photothermal microscope, the system comprising:
an infrared light source (fig 1, Diode laser) configured to generate a beam of infrared radiation (fig 1, 832 nm); the beam of infrared radiation being directed to illuminate at least a first region (fig 4a) of the sample (fig 1, sample) in the photothermal microscope;
a probe (fig 1, Ti Sap) light source configured to generate a probe light beam “was used as the probe beam” (pg. 2, ¶ 6, lines 1-3) the probe light beam being directed to illuminate at least a second region of the sample in the photothermal microscope at least partially overlapping (fig 4a) the first region of the sample;
to scan at least one of the probe light beam “offsetting the probe spatially” (pg. 5, ¶ 5) across a plurality of positions across the sample (fig 4 a & b).
Kerimo does not specifically teach a beam steering mirror.
Opsal, in the same field of endeavor as Kerimo of photothermal radiation (0029 Opsal), teaches a beam steering mirror (fig 4, 410) configured to translate a light beam onto a sample. At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine Opsal’s beam steering mirror with Kerimo’s probe beam as a known design choice for translating the probe beam with a reasonable expectation of success.
The combination does not teach a detection system configured to detect changes in the probe light beam for use in producing a signal indicative of infrared absorption.
Rotter, in the same field of endeavor as Kerimo of photothermal excitation (0079), teaches a detection system (fig 1, 128) configured to record the intensity of the probe beam (0021). Rotter further teaches the power of the probe beam is adjusted to increase a modulated optical reflectance signal (abstract). At the time prior to the effective filing date, it would have been obvious to one of ordinary skill in the art to combine Rotter’s detection system with the combination’s probe beam as a design choice determine whether power of beam should be increased for properly creating a photothermal reaction.
With respect to claim 6 according to claim 1, the combination teaches the system wherein in a reflection configuration, the detection system is further configured to collect the probe light that is reflected and/or backscattered from the sample (fig 1 Kerimo).
With respect to claim 7 according to claim 1, the combination teaches the system wherein the probe light beam (fig 1, 730 nm Kerimo) includes a shorter wavelength than the light beam of infrared radiation (fig 1, 832 nm Kerimo).
Claim(s) 2 & 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Opsal US 20050036136 in further view of Rotter US 20100328670 in further view of Timothy Giles, “2 axis mirror galvanometer”, https://www.youtube.com/watch?v=HGBZ9PvHIxY, Nov 6, 2013 hereafter Giles.
With respect to claim 2 according to claim 1, the combination does not teach the beam steering mirror includes at least one single-axis or multi-axis galvo mirror.
Giles, in the field of endeavor of galvo mirror, implicitly teaches a galvo mirror configured to steer a light in a multi-axis manner (fig 1-2). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to substitute the combination’s beam steering mirror with Gile’s mirror as a precise means of steering a beam at location.
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With respect to claim 4 according to claim 1, the combination does not teach a second beam steering mirror includes at least one single-axis or multi-axis galvo mirror.
Giles, in the field of endeavor of galvo mirror, implicitly teaches a galvo mirror configured to steer a light in a multi-axis manner (fig 1-2). Examiner notes Gile’s mirror may be considered as an additional mirror for replacing a primary mirror. At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to substitute the combination’s beam steering mirror with Gile’s mirror as a duplicate part in which the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04.VI.B.
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Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Opsal US 20050036136 in further view of Rotter US 20100328670 in further view of Lee US 20080304046.
With respect to claim 5 according to claim 1, the combination does not teach a transmission configuration, the detection system is further configured to collect the probe light that has passed through the sample.
Lee, in the same field of endeavor as Kerimo of pump and probe beam microscopy, teaches a configuration wherein the detection system (fig 6, 10) receives a probe light (fig 6, 20) which has passed through a transparent sample (fig 6, sample). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to try to analyze transparent materials via the combination’s probe light source and infrared light source wherein the combination’s detection system receives the probe light from the sample.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Opsal US 20050036136 in further view of Rotter US 20100328670 in further view of paper of Robert Furstenberg, “Chemical Imaging using Infrared Photo-thermal Microspectroscopy”, 2012 hereafter Furstenber.
With respect to claim 8 according to claim 1, the combination does not teach the light beam of infrared radiation comprises mid-IR radiation within a wavelength range of 2.5 micron-25 microns.
Furstenber, in the same field of endeavor as Kerimo of Infrared Photothermal Microscopy, teaches a mid-infrared light source operating (fig 3, QCL) within a wavelength range of 2.5 micron-25 microns (fig 1) in combination with a probe beam (fig 3, Diode Laser), wherein the mid-infrared light helps characterize chemical compositions materials which require a high spatial resolution (pg. 1, ¶ 1, lines 1-2). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine Furstenber’s mid-IR radiation source to help analyze bulk materials due to growing need in the market (abstract, lines 1-4).
Claim(s) 3 & 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Opsal US 20050036136 in further view of Rotter US 20100328670 in further view of Basting US 20030219094.
With respect to claim 3 according to claim 1, the combination does not teach a second beam steering mirror positioned to scan at least one of the probe light and the beam of infrared radiation across the plurality of positions across the sample.
Basting, in the same field of endeavor as Kerimo of overlapping beams, teaches a first and second beam steering mirror are configured to spatially overlap light beams (0026, lines 15-20). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art it would have been obvious to one of ordinary skill in the art to combine a second beam steering mirror as a predictable solution to overlap the combination’s pump and probe beams with a reasonable expectation of success;
With respect to claim 9 according to claim 1, the combination does not teach the first beam steering mirror and the second beam steering mirror are adjusted to control a degree of overlap of the light beam.
Basting, in the field of endeavor of lithography, teaches a first beam steering mirror and second beam steering mirror are configured to spatially overlap two light beams (0026, lines 15-20). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine a second beam steering mirror with the combination’s first beam steering mirror as a predictable solution to overlap the combination’s pump and probe beams with a reasonable expectation of success.
Claim(s) 10, 17, & 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Rotter US 20100328670.
With respect to claim 10, Kerimo teaches a method for creating an image indicative of infrared absorption by a sample with a photothermal microscope, the method comprising:
(a) illuminating a first region (fig 4a) of the sample with a beam of infrared radiation (fig 1, Diode laser);
(b) illuminating a second region (fig 4a) of the sample with a probe light beam (fig 1, Ti Sap), wherein the first region and the second region are substantially overlapping;
(c) scanning at least one of the beam of infrared radiation and the probe light beam over a
plurality of regions (fig 4a & b) on the sample (fig 1, sample scanner) such that the light beam of infrared radiation and the probe light beam remain substantially overlapped “offsetting the probe spatially” (pg. 5, ¶ 5) during the scanning (fig 4a & b);
(d) collecting probe light (fig 1, CCD) that has interacted with the sample.
The combination does not teach detecting changes in the probe light beam for use in producing a signal indicative of infrared absorption across the plurality of positions of the sample.
Rotter, in the same field of endeavor as Kerimo of photothermal excitation (0079), teaches a detection system (fig 1, 128) configured to record the intensity probe beam (0021). Rotter further teaches the power of the probe beam is adjusted to increase a modulated optical reflectance signal (abstract). At the time prior to the effective filing date, it would have been obvious to one of ordinary skill in the art to combine Rotter’s detection system with the combination’s probe beam as a design choice determine whether power of beam should be increased for properly creating a photothermal reaction.
With respect to claim 17 according to claim 10, the combination teaches the method wherein the probe light is collected in a reflection configuration in which a detector (fig 1, CCD Kerimo) collects the probe light that is reflected and/or backscattered from the sample.
With respect to claim 19 according to claim 10, the combination teaches the method wherein the probe light beam (fig 1, 730 nm) includes a shorter wavelength than the light beam of infrared radiation (fig 1, 832 nm).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Rotter US 20100328670 in further view of Opsal US 20050036136.
With respect to claim 11 according to claim 10, the combination teaches the method wherein scanning at least one of the beam of infrared radiation and the probe light beam over a plurality of regions on the sample (fig 4a & b Kerimo).
The combination does not teach using a beam steering mirror positioned to facilitate the scanning.
Opsal, in the same field of endeavor as Kerimo of photothermal radiation (0029 Opsal), teaches a beam steering mirror (fig 4, 410) configured to translate a light beam onto a sample. At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine Opsal’s beam steering mirror with Kerimo’s probe beam as a known design choice for translating the probe beam with a reasonable expectation of success.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Rotter US 20100328670 in further view of Opsal US 20050036136 in further view of Timothy Giles, “2 axis mirror galvanometer”, https://www.youtube.com/watch?v=HGBZ9PvHIxY, Nov 6, 2013 hereafter Giles.
With respect to claim 12 according to claim 11, the combination does not teach the beam steering mirror includes at least one single-axis or multi-axis galvo mirror.
Giles, in the field of endeavor of galvo mirror, implicitly teaches a galvo mirror ability to steer a light in a multi-axis manner (fig 1-2). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to substitute the combination’s beam steering mirror with Gile’s mirror as a precise means of steering a beam at location.
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Claim(s) 13 & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Rotter US 20100328670 in further view of Opsal US 20050036136 in further view of Basting US 20030219094.
With respect to claim 13 according to claim 11, the combination teaches the method wherein scanning at least one of the beam of infrared radiation and the probe light beam over a plurality of regions on the sample (fig 4a & b Kerimo).
The combination does not teach using a second beam steering mirror positioned to facilitate the scanning.
Basting, in the field of endeavor of lithography, teaches a first beam steering mirror and second beam steering mirror are configured to spatially overlap two light beams (0026, lines 15-20). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine a second beam steering mirror with the combination’s first beam steering mirror as a predictable solution to overlap the combination’s pump and probe beams with a reasonable expectation of success.
With respect to claim 15 according to claim 11, the combination teaches the method further comprising: controlling a degree of overlap of illumination of the light beam of infrared radiation and the probe light beam on the sample (fig 4a & b Kerimo).
The combination does not teach adjusting positions of the first beam steering mirror and the second beam steering mirror.
Basting, in the field of endeavor of lithography, teaches a first beam steering mirror and second beam steering mirror are configured to spatially overlap two light beams (0026, lines 15-20). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine a second beam steering mirror with the combination’s first beam steering mirror as a predictable solution to overlap the combination’s pump and probe beams with a reasonable expectation of success.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Rotter US 20100328670 in further view of Opsal US 20050036136 in further view of Basting US 20030219094 in further view of Timothy Giles, “2 axis mirror galvanometer”, https://www.youtube.com/watch?v=HGBZ9PvHIxY, Nov 6, 2013 hereafter Giles.
With respect to claim 14 according to claim 13, the combination does not teach the second beam steering mirror includes at least one single-axis or multi-axis galvo mirror.
Giles, in the field of endeavor of galvo mirror, implicitly teaches a galvo mirror configured to steer a light in a multi-axis manner (fig 1-2). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to substitute the combination’s beam steering mirror with Gile’s mirror as a precise means of steering a beam at location.
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Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over paper of Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Rotter US 20100328670 in further view of Lee US 20080304046.
With respect to claim 16 according to claim 10, the combination does not teach the probe light is collected in a transmission configuration in which a detector collects the probe light that has passed through the sample.
Lee, in the same field of endeavor as Kerimo of pump and probe beam microscopy, teaches a configuration wherein the detection system (fig 6, 10) receives a probe light (fig 6, 20) which has passed through a transparent sample (fig 6, sample). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to try to analyze transparent materials via the combination’s probe light source and infrared light source wherein the combination’s detection system receives the probe light from the sample.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Rotter US 20100328670 in further view of paper of Wei Jin, “Ultra-sensitive all-fibre photothermal spectroscopy with large dynamic range”, 2015 hereafter Jin.
With respect to claim 18 according to claim 10, the combination does not teach (a)-(e) are repeated at a plurality of wavelengths of the light beam of infrared radiation.
Jin, in the same field of endeavor as Kerimo of photothermal spectroscopy, teaches a pump beam is tuned across the absorption line of a sample to test the detection limit of the laser (pg. 3, col 2, ¶ 2, lines 8-10). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill to try to repeat measurements at a plurality of wavelengths for the combination’s infrared radiation source i.e. pump beam to determine how sensitive the laser is to detecting weakly absorption materials.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josef Kerimo, “Photothermal imaging of melanin”, 2013 hereafter Kerimo in view of Rotter US 20100328670 in further view of paper of Robert Furstenberg, “Chemical Imaging using Infrared Photo-thermal Microspectroscopy”, 2012 hereafter Furstenber.
With respect to claim 20 according to claim 10, the combination does not teach the light beam of infrared radiation comprises mid-IR radiation within a wavelength range of 2.5 micron-25 microns.
Furstenber, in the same field of endeavor as Kerimo of Infrared Photothermal Microscopy, teaches a mid-infrared light source operating (fig 3, QCL) within a wavelength range of 2.5 micron-25 microns (fig 1) in combination with a probe beam (fig 3, Diode Laser), wherein the mid-infrared light helps characterize chemical compositions materials which require a high spatial resolution (pg. 1, ¶ 1, lines 1-2). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine Furstenber’s mid-IR radiation source to help analyze bulk materials due to growing need in the market (abstract, lines 1-4).
Conclusion
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/MAURICE C SMITH/Examiner, Art Unit 2877