DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 16 is rejected under 35 U.S.C. 102(a1).
Claim(s) 1, 3-4, 7-8, 10-14 and 17-29 are rejected under 35 U.S.C. 103.
Claim(s) 2, 5-6, 9, 15 and 20 are objected to.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an incident light unit”, “a light splitting unit”, and “an emitted light unit” in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 16 is rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent 9,921,104 to Krishnan et al.
In regards to claim 16, Krishnan discloses and shows in Figures 1-3, a semiconductor measurement system (col. 1, ll. 15-18) comprising:
a laser (110) configured to output a light having multiple wavelengths (col. 4, ll. 48-68);
a broadband spectrometer configured to receive the light and output monochromatic light having a single wavelength (col. 4, ll. 48-68; col. 6, ll. 18-22);
a measurement device (160) configured to obtain physical information of a sample based on the monochromatic light (col. 7, ll. 23-31; col. 11, ll. 33-68); and
a computing device (130) configured to inspect or measure the sample based on the obtained physical information (col. 13, ll. 20-37; col. 14, ll. 18-49; col. 15, ll. 1-68),
wherein the broadband spectrometer is further configured to remove polarization dependence of the light based on a wavelength and a polarization separating/combining device (124) (col. 5, ll. 62 to col. 6, ll. 27; col. 9, ll. 35-48; wherein both the illumination optics subsystem and the collection optics subsystem include polarization control elements to allow a plurality of spectra to be simultaneously detected to allow wavelength errors to be removed).
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.
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, 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 6,177,992 to Braun et al. in view of US Publication 2007/0019194 to Chen et al.
In regards to claims 1, 7-8 and 10, Braun discloses and shows in Figures 1-3, a semiconductor measurement system (col. 1, ll. 38-54) comprising:
a monochromator (col. 2, ll. 1-23) comprising:
a dispersive element (16) (applicant’s first wavelength control device) configured to separate a collimated beam comprising multiple wavelengths into a plurality of wavelength bands (col. 2, 28-44);
a reflector (18) (applicant’s second wavelength control device) configured to receive diffracted light beams corresponding to the plurality of wavelength bands and output one of the diffracted light beams as a collimated beam of a single wavelength (col. 2, ll. 45-68);
first polarization optics (12, 14) configured to separate respective separated light beams corresponding to the plurality of wavelength bands into two polarization beams orthogonal to each other and match polarization directions of the separated polarization beams (col. 2, ll. 1-68; col. 3, ll. 35-62; wherein a polarization beam splitter is utilized to split an input beam into two orthogonal components, and a polarization rotator is utilized to rotate the polarization direction of one beam to match the polarization direction of the other);
second polarization optics (12, 14) configured to output the diffracted light beams corresponding to the plurality of wavelength bands by separating each of the diffracted light beams having the matched polarization direction into two polarization beams orthogonal to each other and combining the separated polarization beams (col. 2, ll. 1-68; col. 3, ll. 35-62; wherein the monochromator is configured as a multi-pass system, and the polarization rotator and polarization beam splitter would mismatch polarizations and combine an output beam);
[claim 7] wherein each of the first polarization optics comprises:
a polarizing beam splitter (12) configured to output transmitted light and reflected light by separating the collimated beam into polarization beams orthogonal to each other (col. 2, ll. 1-27; col. 3, ll. 35-63); a reflective interface (21) (applicant’s mirror) configured to reflect the reflected light (col. 2, ll. 1-27; col. 3, ll. 35-63); a thin film coating (29) (applicant’s first polarization controller) configured to adjust a polarization of the reflected light of the mirror (col. 2, ll. 1-27; col. 3, ll. 35-63); and a polarization rotator (14) (applicant’s second polarization controller) configured to adjust a polarization of the transmitted light of the polarizing beam splitter (col. 2, ll. 1-27; col. 3, ll. 35-63);
[claim 8] wherein each of the second polarization optics comprises: a thin film coating (29) (applicant’s first polarization controller) configured to adjust a polarization of first diffracted light of the diffraction gratings; a polarization rotator (14) (applicant’s second polarization controller) configured to adjust a polarization of second diffracted light of the diffraction gratings; a reflective interface (21) (applicant’s mirror) configured to reflect the adjusted polarization of the first polarization controller; and a polarizing beam splitter (12) (applicant’s polarization combiner) configured to combine the polarization reflected from the mirror with the adjusted polarization of the second polarization controller (col. 2, ll. 1-27; col. 3, ll. 35-63; wherein the optical monochromator is configured as a multi-pass system, and the same optical elements will behave in an opposite manner on the output path, as to the input path).
Braun differs from the limitations in that it is silent to the system and method further comprising:
a multi-grating mount comprising diffraction gratings configured to output the diffracted light beams having the matched polarization direction by diffracting each of the polarization beams having the matched polarization direction output from the first polarization optics;
[claim 10] wherein the multi-grating mount is configured to mount the diffraction gratings in parallel, and wherein a pitch of the diffraction gratings is equal to a distance between grating lines, and a blaze angle of each of the diffraction gratings are different from each other.
However, Chen teaches and shows in Figure 1, a broadband spectrometer system comprised of a single pass monochromator (10) (par. 1), wherein an array of reflective gratings (61-65) are provided in a parallel vertical plane, to generate a plurality of separate analysis spectra, and allow an overall larger range of wavelengths to be simultaneously detected and analyzed (par. 22, 35-37, 41-42). Chen further teaches “an improved monochromator using multiple gratings of the same groove density and/or different groove densities and blaze angles, enabling one to obtain enhances reflectance in specified spectral regions as desired” (par. 12).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify the multi-pass monochromator of Braun to include the multi-grating array of Chen for the advantage of generating a plurality of separate analysis spectra, and allowing an overall larger range of wavelengths to be simultaneously detected and analyzed, with a reasonable expectation of success.
In regards to claims 11-14, Braun discloses and shows in Figures 1-2, a semiconductor measurement system comprising:
a monochromator (10) (col. 2, ll. 1-23) comprising:
an input fiber (24) and polarization beam splitter (12) (applicant’s incident light unit) configured to receive incident light of multiple wavelengths (col. 2, ll. 1-23);
a dispersive element (16) (applicant’s light splitting unit) configured to split the incident light of the multiple wavelengths into light beams corresponding to a plurality of wavelength bands (col. 2, 28-44); and
an output fiber (26) and a polarization beam splitter (12) (applicant’s emitted light unit) configured to output one of the split light beams as emitted light of a single wavelength (col. 2, ll. 52 to col. 3, ll. 34), wherein the light splitting unit comprises:
a dispersive element (16) (applicant’s wavelength control device) configured to output separated collimated beams into areas respectively corresponding to the plurality of wavelength bands or combine diffracted light beams corresponding to the plurality of wavelength bands (col. 2, ll. 24-44);
polarization optics (12, 14) configured to separate each of the collimated beams into orthogonal polarization beams, match polarization directions of the separated polarization beams, and output diffracted light beams of the same wavelength in different optical paths as diffracted light beams having polarization beams orthogonal to each other (col. 2, ll. 1-68; col. 3, ll. 35-62; wherein a polarization beam splitter is utilized to split an input beam into two orthogonal components, and a polarization rotator is utilized to rotate the polarization direction of one beam to match the polarization direction of the other; and wherein the monochromator is configured as a multi-pass system, and the polarization rotator and polarization beam splitter would mismatch polarizations and combine an output beam);
[claim 12] wherein the wavelength control device comprises:
a dispersive element (16) (applicant’s wavelength control device) configured to separate the collimated beams into the areas corresponding to the plurality of wavelength bands (col. 2, ll. 24-44; wherein the monochromator is configured as a multi-pass system, and the dispersive element will separate the collimated beams on an initial input path); and
a reflector (18) (applicant’s wavelength control device) configured to combine the diffracted light beams corresponding to the plurality of wavelength bands (col. 2, ll. 24-44; wherein the monochromator is configured as a multi-pass system, and the reflector will combine the beams on an output path);
[claim 13] wherein the polarization optics comprise:
a polarizing beam splitter (12) configured to separate each of the collimated beams into the orthogonal polarization beams and match the polarization directions of the separated polarization beams (col. 2, ll. 1-68; col. 3, ll. 35-62; wherein a polarization beam splitter is utilized to split an input beam into two orthogonal components, and a polarization rotator is utilized to rotate the polarization direction of one beam to match the polarization direction of the other); and
a polarization combiner (12) configured to output the diffracted light beams having equal wavelength in the different optical paths as the diffracted light beams having the polarization beams orthogonal to each other (col. 2, ll. 1-68; col. 3, ll. 35-62; wherein the monochromator is configured as a multi-pass system, and the polarization rotator and polarization beam splitter would mismatch polarizations and combine an output beam);
[claim 14] wherein the polarization direction is determined based on the single wavelength (col. 1, ll. 38-54; col. 3, ll. 18-34; wherein an optimum polarization minimizes insertion loss of the highly selected wavelength signal).
Braun differs from the limitations in that it is silent to the system and method further comprising:
a multi-grating mount having a plurality of diffraction gratings respectively corresponding to the plurality of wavelength bands, the plurality of diffraction gratings being configured to diffract the collimated beams having the matched polarization direction.
However, Chen teaches and shows in Figure 1, a broadband spectrometer system comprised of a single pass monochromator (10) (par. 1), wherein an array of reflective gratings (61-65) are provided to generate a plurality of separate analysis spectra, and allow an overall larger range of wavelengths to be simultaneously detected and analyzed (par. 22, 35-37, 41-42).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify the multi-pass monochromator of Braun to include the multi-grating array discussed above for the advantage of generating a plurality of separate analysis spectra, and allowing an overall larger range of wavelengths to be simultaneously detected and analyzed, with a reasonable expectation of success.
Claim(s) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Braun et al. in view of Chen et al. and in further view of US Publication 2005/0094934 to He et al.
In regards to claims 3-4, Braun discloses an input optical fiber (24) for providing a broadband input beam (11) (col. 2, ll. 8-13) and an output optical fiber (26) for providing the spectrally selected output beam to be analyzed (col. 3, ll. 1-34).
Braun in view of Chen, differ from the limitations in that they are silent to the semiconductor measurement system, wherein the monochromator further comprises:
a collimator configured to output light output from the optical fiber to the first wavelength control device as the collimated beam of the multiple wavelengths; and
a collimator configured to receive the collimated beam of the single wavelength from the second wavelength control device.
However, He teaches and shows in Figures 1-2, a multi-pass optical spectrum analyzer wherein a plurality of collimating and focusing lenses (27, 28) are utilized to provide light through the system (par. 51). Further, collimating and focusing lenses are well-known to those of ordinary skill in the art and are commonly used to obtain desired illumination characteristics.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify the multi-pass monochromator of Braun in view of Chen, to include the collimating lenses discussed above for the advantage of utilizing well-known optical components to obtain desired illumination characteristics, with a reasonable expectation of success.
Claim(s) 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,921,104 to Krishnan et al. in view of Braun et al. and in further view of Chen et al.
In regards to claims 17-19, Krishnan differs from the limitations in that it is silent to the semiconductor measurement system, wherein the broadband spectrometer comprises:
a wavelength control device configured to output separated collimated beams into areas respectively corresponding to a plurality of wavelength bands or combine diffracted light beams corresponding to the plurality of wavelength bands;
polarization optics configured to separate each of the collimated beams into orthogonal polarization beams, match polarization directions of the separated polarization beams, and output diffracted light beams of the same wavelength in different optical paths as diffracted light beams having polarization beams orthogonal to each other; and
a multi-grating mount comprising a plurality of diffraction gratings respectively correspond to the plurality of wavelength bands, the plurality of diffraction gratings being configured to diffract the collimated beams having the matched polarization direction; and
[claim 19] wherein an optical efficiency based on an incident wavelength among the orthogonal polarization beams is highest in the matched polarization direction.
However, Braun teaches and shows in Figures 1-2, a semiconductor measurement system comprising:
a light splitting unit comprised of:
a dispersive element (16) (applicant’s wavelength control device) configured to output separated collimated beams into areas respectively corresponding to the plurality of wavelength bands or combine diffracted light beams corresponding to the plurality of wavelength bands (col. 2, ll. 24-44);
polarization optics (12, 14) configured to separate each of the collimated beams into orthogonal polarization beams, match polarization directions of the separated polarization beams, and output diffracted light beams of the same wavelength in different optical paths as diffracted light beams having polarization beams orthogonal to each other (col. 2, ll. 1-68; col. 3, ll. 35-62; wherein a polarization beam splitter is utilized to split an input beam into two orthogonal components, and a polarization rotator is utilized to rotate the polarization direction of one beam to match the polarization direction of the other; and wherein the monochromator is configured as a multi-pass system, and the polarization rotator and polarization beam splitter would mismatch polarizations and combine an output beam);
wherein the polarization states of the optical beams are reconciled to obtain an optimum polarization state that minimizes insertion loss and allows high signal selectivity (col. 1, ll. 38-55).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify the semiconductor measurement system of Krishnan to include the light splitting unit discussed above for the advantage of obtaining an optimum polarization state that minimizes insertion loss and allows high signal selectivity, with a reasonable expectation of success.
Krishnan in view of Braun, differ from the limitations in that they are silent to the system and method further comprising:
a multi-grating mount having a plurality of diffraction gratings respectively corresponding to the plurality of wavelength bands, the plurality of diffraction gratings being configured to diffract the collimated beams having the matched polarization direction; and
[claim 18] wherein each of the plurality of diffraction gratings is on one plane.
However, Chen teaches and shows in Figure 1, a broadband spectrometer system comprised of a single pass monochromator (10) (par. 1), wherein an array of reflective gratings (61-65) is provided on a parallel vertical plane (Figure 1), to generate a plurality of separate analysis spectra, and allow an overall larger range of wavelengths to be simultaneously detected and analyzed (par. 22, 35-37, 41-42).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Krishnan and Braun to include the multi-grating array discussed above for the advantage of generating a plurality of separate analysis spectra, and allowing an overall larger range of wavelengths to be simultaneously detected and analyzed, with a reasonable expectation of success.
Allowable Subject Matter
Claims 2, 5-6, 9, 15 and 20 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.
As to claims 2, 15 and 20, the prior art of record, taken alone or in combination, fails to disclose or render obvious, “a monochromator”, wherein a multi-grating mount comprised of a plurality of diffraction gratings is configured to rotate, in combination with the rest of the limitations of the claim.
The prior art reference to Chen discloses a multi-grating array (60) that is stationary. Further, Chen explicitly discloses that the disclosed device is designed to have no moving parts, and also discloses numerous disadvantages to utilizing movable gratings and optics.
As to claims 5-6, the prior art fails to disclose or suggest a monochromator system having a plurality of “wavelength control devices”, wherein each device is comprised of “at least one first bandpass filter and at least one first mirror”.
As to claim 9, the prior art fails to disclose or suggest a monochromator system wherein the claimed a first polarization controller and a second polarization controller are both half-wave plates.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877