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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/10/24 & 09/26/24 has been acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
a detection module in claim 1 (50 @ figures 1-2 and paragraph [0070]: e.g., The detection module 50 is used to collect the specific Raman scattering signals R that are returned after being scattered by the test structure 70 from the laser beam L1).
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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al (US 2014/0110259 hereinafter “Takahashi”) in view of Matousek et al (US 2008/0129992 hereinafter “Matousek”).
Regarding claim 1; Takahashi discloses a non-destructive in-situ measurement device (200 @ figures 3 and paragraph [0113]: e.g., The biopolymer optical analysis apparatus in the present embodiment was constructed based on a microscope integrated laser Raman spectroscopic apparatus) for high-complexity structures based on Raman analysis, characterized by its use for measuring the structural parameters of a structure under test (100 @ figure 3) within a sample under test (300 @ figure 3), the device comprising:
a laser light source (210 @ figure 3), wherein the laser light source (210 @ figure 3) is configured to emit a laser beam;
a focusing component (objective lens 240 @ figures 3 and 17), wherein the focusing component (240 @ figure 3) is configured to converge the laser beam (paragraph [0083]: e.g., the light source in order to apply external light from the light source to the analysis chip and to converge the external light on the analysis chip), focusing it above the movable sample stage (600 @ figure 3) and positioning the focal plane of the focusing component (240 @ figure 3) at the initial position;
a movable sample stage (600 @ figure 3), wherein the movable sample stage (600 @ figure 3) holds the sample under test (300 @ figure 3) and can move in a plane perpendicular and/or parallel to the optical axis (121 @ figure 2) of the focusing component (240 @ figures 3 and 17), wherein the axis (121 @ figure 2) of the structure under test (110 @ figures 2-3) of the sample under test (300 @ figure 3) is parallel to the optical axis the focusing component (240 @ figures 3 and 17) and is located within the laser beam's focal region (figures 3 and 17); and
a detection module (260 @ figures 3 and 17), wherein the detection module (260 @ figures 3 and 17) collects specific Raman scattering signals (paragraph [0106]: e.g., The Raman scattered light is condensed by the objective lens 240 and passes through the dichroic mirror 230. Rayleigh scattered light and anti-Stokes lines are removed from the Raman scattered light by the filter 250. Stokes lines in the Raman scattered light are caused to enter the two-split-ratio spectroscopic detection device 260. Differences between transmission and reflection spectra of the Raman scattered light (of Stokes lines) are detected as differences in intensity ratio by using the two-split-ratio spectroscopic detection device 260) returned from the sample under test (100 @ figures 3 and 17) after scattering the laser beam, and the structural parameters (paragraph [0065]: e.g., depth or thickness) of the structure under test (120 @ figure 2 and paragraph [0065] and [0166]: e.g., Raman scattered lights from bases (for example, FIG. 7) reach the two-dimensional CCD cameras 19a and 19b at different ratios. At the two-dimensional CCD cameras 19a and 19b, no information is obtained along the wavelength direction; only brightness information on bright spots is obtained. More specifically, the Raman scattered lights are separated into reflected light images and transmitted light images determined by the products of the spectra shown in FIG. 7…shown in (C) of FIG. 8, the ratio of the transmission intensity to the total intensity varies for each kind of base, and the kinds of bases can be identified from this ratio, thus enabling determination of bases passing through the nanopore) are determined based on the collected results by a control PC (21 @ figure 17) coupled to the detection module (260 @ figure 17). See figures 1-27.
Takahashi discloses all of feature of claimed invention except for during the measurement process, the focal plane of the focusing component is controlled to move from the initial position to at least the bottom surface of the structure under test. However, Matousek teaches that it is known in the art to provide during the measurement process (figures 4 and 8), an optics drive (54 @ figure 4) for controlling the focal plane of the focusing component (50 @ figure 4) to move from the initial position to at least the bottom surface of the structure under test (20 @ figure 4 and paragraph [0054]: e.g., the sample 14 displays a non-abrupt boundary between the surface region and sublayer 20).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine measurement device of Takahashi with during the measurement process, the focal plane of the focusing component is controlled to move from the initial position to at least the bottom surface of the structure under test as taught by Matousek for the purpose of detecting more accuracy Raman spectral features non-destructively from sub-surface regions within a macroscopic diffusely scattering sample.
Regarding claim 8; Takahashi discloses a non-destructive in-situ measurement method for high-complexity structures based on Raman analysis (200 @ figures 3 and paragraph [0113]: e.g., The biopolymer optical analysis apparatus in the present embodiment was constructed based on a microscope integrated laser Raman spectroscopic apparatus), the method comprising:
fixing the sample under test (300 @ figure 3) to the movable sample stage (600 @ figure 3), and ensuring that the axial direction of the structure under test (300 @ figure 3) within the sample (110 @ figure 3) is parallel to the optical axis of the focusing component (240 @ figure 3);
controlling the laser light source (210 @ figure 3) to emit a laser beam towards the sample under test (300 @ figure 3);
controlling the movable sample stage (600 @ figure 3) to move in a plane perpendicular to the optical axis of the focusing component (240 @ figure 3), such that the position of the structure under test coincides with the focal region of the laser beam (figures 2 and 4); and
controlling the detection module (260 @ figure 3) to collect the specific Raman scattering signal returned after scattering of the laser beam by the sample under test (100, 300 @ figure 3 and paragraph [0106]: e.g., The Raman scattered light is condensed by the objective lens 240 and passes through the dichroic mirror 230. Rayleigh scattered light and anti-Stokes lines are removed from the Raman scattered light by the filter 250. Stokes lines in the Raman scattered light are caused to enter the two-split-ratio spectroscopic detection device 260. Differences between transmission and reflection spectra of the Raman scattered light (of Stokes lines) are detected as differences in intensity ratio by using the two-split-ratio spectroscopic detection device 260), and determining the structural parameters (paragraph [0065]: e.g., depth or thickness) of the structure under test (100, 300 @ figure 3) based on the collected results by a control PC (21 @ figure 17) coupled to the detection module (260 @ figure 17).
Takahashi discloses all of feature of claimed invention except for controlling the focusing component such that the focal plane of the focusing component is at the initial position above the movable sample stage and during the measurement, controlling the focusing component to move the focal plane from the initial position to at least the bottom surface of the structure under test. However, Matousek teaches that it is known in the art to provide during the measurement process (figures 4 and 8), controlling (54 @ figure 4) the focusing component (50 @ figure 4) such that the focal plane of the focusing component (50 @ figure 4) is at the initial position above the movable sample stage (110 @ figure 8) and controlling the focusing component (54, 50 @ figure 4) to move the focal plane from the initial position (106 @ figure 8) to at least the bottom surface (107 @ figure 8) of the structure under test (106, 107 @ figure 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine method of Takahashi with during the measurement process, controlling the focusing component such that the focal plane of the focusing component is at the initial position above the movable sample stage and during the measurement, controlling the focusing component to move the focal plane from the initial position to at least the bottom surface of the structure under test as taught by Matousek for the purpose of detecting more accuracy Raman spectral features non-destructively from sub-surface regions within a macroscopic diffusely scattering sample.
Regarding claims 2 and 9; Takahashi discloses the device (200 @ figure 3) further comprises: an adjustable aperture (filter 250 @ figure 3), wherein the adjustable aperture (250 @ figure 3) blocks part of the Raman scattering signal so that the signal corresponding to the focal region of the Raman scattering is incident on the detection module (260 @ figure 3 and paragraph [0106]: e.g., Rayleigh scattered light and anti-Stokes lines are removed from the Raman scattered light by the filter 250. Stokes lines in the Raman scattered light are caused to enter the two-split-ratio spectroscopic detection device 260. Differences between transmission and reflection spectra of the Raman scattered light (of Stokes lines) are detected as differences in intensity ratio by using the two-split-ratio spectroscopic detection device 260).
Regarding claim 3; Takahashi discloses all of feature of claimed invention except for an adjustable focusing component with an adjustable focal length, wherein the adjustable focusing component adjusts its focal length during the measurement process, such that the focal plane moves from the initial position to at least the bottom surface of the structure under test. However, Matousek teaches that it is known in the art to provide an adjustable focusing component (50 @ figure 4) with an adjustable focal length (108 @ figure 8 and paragraph [0066]: e.g., The apparatus includes a 1 m focal length lens 108 for weakly focusing the laser beam onto the sample to a spot diameter of 300 μm and at normal incidence), wherein the adjustable focusing component (50 @ figure 4) adjusts its focal length during the measurement process (figures 4 and 8), such that the focal plane moves from the initial position (12 @ figure 4) to at least the bottom surface (20 @ figure 4) of the structure under test (14 @ figure 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine measurement device of Takahashi with limitation above as taught by Matousek for the purpose of detecting more accuracy Raman spectral features non-destructively from sub-surface regions within a macroscopic diffusely scattering sample.
Regarding claim 4; Takahashi discloses all of feature of claimed invention except for the focusing component comprises a movable focusing component, wherein the movable focusing component can move along a first direction, away from or closer to the movable sample stage, wherein the first direction is parallel to the optical axis; during the measurement process, the movable focusing component moves closer to the movable sample stage along the first direction, such that the focal plane moves from the initial position to at least the bottom surface of the structure under test; and the movable focusing component comprises an optical microscope, wherein the optical axis is the optical axis of the objective lens in the optical microscope. However, Matousek teaches that it is known in the art to provide the focusing component (50 @ figure 4) comprises a movable focusing component (54 @ figure 4), wherein the movable focusing component (54 @ figure 4) can move along a first direction (52 @ figure 4), away from or closer to the movable sample stage (110 @ figure 8), wherein the first direction (52 @ figure 4) is parallel to the optical axis of focusing component (50 @ figure 4); during the measurement process (figures 4 and 8), the movable focusing component (50 @ figure 4 or 108, 109 @ figure 8) moves closer to the movable sample stage (110 @ figure 8) along the first direction (52 @ figure 4), such that the focal plane moves from the initial position (figure 4) to at least the bottom surface (20 @ figure 4) of the structure under test (14 @ figure 4); and the movable focusing component (54 @ figure 4) comprises an optical microscope (paragraph [0087]: e.g., The probed sample depths can be well in excess of the transport length, which sets a depth limit on the conventional confocal Raman microscopy), wherein the optical axis is the optical axis of the objective lens (108 @ figure 8) in the optical microscope. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine measurement device of Takahashi with limitation above as taught by Matousek for the purpose of detecting more accuracy Raman spectral features non-destructively from sub-surface regions within a macroscopic diffusely scattering sample.
Regarding claims 5 and 11; Takahashi discloses the structural parameters comprise at least one of the following: the depth of the structure under test (paragraph [0065]: e.g., The depth of the nanopore can be adjusted by adjusting the thickness of the solid substrate or the thin film portion of the solid substrate. The depth of the nanopore is at least two times, preferably, three times, more preferably five times larger than the monomer unit constituting a biopolymer. For example, in a case where a nucleic acid is selected as a biopolymer, it is preferable to set the depth of the nanopore equal to or larger than a value corresponding to three bases, e.g., about 1 nm or more), the surface roughness of the structure under test, the sidewall roughness of the structure under test, the inner diameter variation of the structure under test, the elemental distribution of the structure under test, the defect distribution of the structure under test, the stress distribution of the structure under test, and the surface crystallinity of the structure under test.
It is noted that the term “at least one of the following” is alternative.
Regarding claim 10; Takahashi discloses after completing the measurement of the current structure under test (100, 300 @ figure 3), controlling the movable sample stage (700, 600 @ figure 3) to move such that the next structure under test (figures 5A-5B and 6A-6B) is in the focal region of the laser beam, in order to perform the measurement of the next structure under test (figures 5A-5B and 6A-6B).
Allowable Subject Matter
Claims 6-7 and 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record, taken alone or in combination, fails discloses or render obvious a non-destructive in-situ measurement device and method comprising all the specific elements with the specific combination including wherein the determination of the structural parameters of the structure under test based on the collected results comprises: determining the scanning curve corresponding to the focal plane based on the signal intensity of each collected result and the first distance moved by the focal plane towards the movable sample stage; determining multiple feature points on the scanning curve and the corresponding first distance for each feature point; and determining the structural parameters of the structure under test based on the Raman scattering model and/or reference sample database corresponding to the structure under test, the feature points, and the corresponding first distance; wherein the Raman scattering model is created based on the reflection and/or scattering Raman signal pattern of the laser beam for a structure matching the structure under test; and wherein the parameters in the reference sample database are determined based on the reflection and/or scattering Raman signal pattern of the laser beam for a structure matching the structure under test in set forth of claims 6 and 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Prater et al (US Patent No./ 10,942,116) discloses a multifunctional platform combining analytical and imaging techniques including dual beam photo-thermal spectroscopy with confocal microscopy, Raman spectroscopy, fluorescence detection, various vacuum analytical techniques and/or mass spectrometry.
2) Grimbergen (US 2013/0157388) discloses a method of determining an etching endpoint includes performing an etching process on a first tantalum containing layer through a patterned mask layer.
3) Nakamura (US 2016/0161730) discloses measurement device using optical interferometry and a measurement method using optical interferometry that accurately measure the depth of a recess having a high aspect ratio.
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/SN
February 18, 2026
/SANG H NGUYEN/ Primary Examiner, Art Unit 2877