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) 1-6, 10-15 and 19-20 are rejected under 35 U.S.C. 102(a1).
Claim(s) 7-8 and 16-17 are rejected under 35 U.S.C. 103.
Claim(s) 9 and 18 are objected to.
Response to Arguments
Applicant's arguments filed 06/22/2026 have been fully considered but they are not persuasive.
In regards to the applicant’s arguments that Bouma fails to disclose or suggest “a double-clad fiber configured to simultaneously receive a confocal signal for the Raman response at a core and at least a portion of a non-confocal signal for the Raman response at an inner cladding”, the Examiner respectfully disagrees. Attention is brought to Figures 1-6 and paragraphs 5, 11-12, 45, 53 and 57, wherein Bouma explicitly discloses a double-clad optical fiber, wherein a core (62) acts “as both the source and the detection apertures” for a confocal imaging system (par. 5, 45), and wherein an inner cladding (70) has a high numerical aperture and is utilized to collect light outside of the confocal field of view (par. 9, 11-12), and wherein the optical fiber is utilized to obtain Raman signal light from a sample (par. 52-53, 57). Further, Bouma explicitly recites that light may be provided to the sample through both the core and cladding and light reflected from the sample may be collected “in both the cladding region and the core of the fiber” (par. 11-12). Therefore, Bouma is understood to explicitly teach a double-clad optical fiber to simultaneously receive confocal Raman light at a core and non-confocal light at an inner cladding.
In regards to the applicant’s arguments that Bouma fails to disclose or suggest “a spectrometer configured to simultaneously detect the confocal signal for the Raman response at a core and at least the portion of a non-confocal signal for the Raman response at an inner cladding”, the Examiner respectfully disagrees. Attention is brought to Figures 1A and 5A, and paragraph 32, which explicitly disclose a spectrometer (29) for receiving and detecting the light from both the core and the cladding of the double-clad optical fiber (par. 11-12). Further, Bouma discloses that “it may be advantageous to process information collected through both the core and the cladding regions” and wherein the light collected through each channel “can be processed and combined to provide information concerning the sample”.
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) 1-6, 10-15 and 19-20 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Publication 2006/0013544 to Bouma et al.
In regards to claims 1-6 and 10-15, Bouma discloses and shows in Figures 1-6, an optical imaging device and method for Raman spectroscopy and other imaging modalities (par. 52, 57), comprising:
a light source (12) that generates a light beam (par. 30, 33);
an objective lens (18) configured to focus the light beam on a sample and to receive a Raman response emitted from the sample in response to the light beam (par. 33-34);
a double-clad fiber (16) that receives the Raman response, the double-clad fiber configured to simultaneously receive a confocal signal for the Raman response at a core and at least a portion of a non-confocal signal for the Raman response at an inner cladding (par. 11-13, 30-34, 52-54; wherein a double-clad fiber may be utilized to transmit and receive radiation in a core and a cladding region; wherein the plurality of simultaneous measurements each have their own advantages, and may be utilized to enhance each of the other measurements); and
a spectrometer (29) configured to simultaneously detect the confocal signal for the Raman response from the core and the at least the portion of the non-confocal signal for the Raman response from the inner cladding (par. 11-13, 30-34, 52-54; wherein a double-clad fiber may be utilized to transmit and receive radiation in a core and a cladding region; wherein the plurality of simultaneous measurements each have their own advantages, and may be utilized to enhance each of the other measurements);
[claims 2 and 11] at least one processor (34) coupled to receive a confocal spectroscopic signal and a non-confocal spectroscopic signal from the spectrometer and to determine one or more characteristics of the sample based on the confocal spectroscopic signal and the non-confocal spectroscopic signal (par. 31-32, 57; wherein a variety of detection and imaging modalities may be utilized);
[claims 3 and 12] wherein the spectrometer simultaneously collects a first spectrum from the core and a second spectrum from the inner cladding at separate detector pixels (par. 11-13, 32, 45, 53-54; wherein the core of the optical fiber acts as a pinhole to provide confocal light to the spectrometer, and the cladding simultaneously provides other, non-confocal, light to the spectrometer; par. 32, 56; wherein the spectrometer includes a line-scan camera or a CCD array to detect the corresponding spectra);
[claims 4 and 13] wherein the non-confocal signal for the Raman response is received at the inner cladding and the core (Figure 4a, 4b), and the spectrometer detects the non-confocal signal as a combination of the first spectrum and the second spectrum (par. 11-13; 52-54; wherein both the cladding and the core of the fiber may be utilized to transmit and receive the light signals to the spectrometer);
[claims 5 and 14] wherein the core is a confocal pinhole (par. 5-6, 45);
[claims 6 and 15] further comprising: a grating, prism or GRISM (22) and scanner (24) (applicant’s filter) that removes the light beam from the Raman response before the Raman response is received with double-clad fiber (par. 31, 34; wherein numerous imaging probe configurations are disclosed; explicitly the grating and dual-prism GRISM are understood to disperse light into a controllable spectral pattern); and
a lens (20, 66) that receives the Raman response from the filter and focuses the Raman response on an end of the double-clad fiber centered on the core (par. 31, 34) (Figures 3a, 4a, 4b).
In regards to claims 19 and 20, Bouma discloses and shows in Figures 1-6, an optical imaging device and method for Raman spectroscopy and other imaging modalities (par. 52, 57), comprising:
a light source (12) that generates a light beam (par. 30, 33);
an objective lens (18) configured to focus the light beam on a sample and to receive a Raman response emitted from the sample in response to the light beam (par. 33-34);
a confocal pinhole comprising a core of a double-clad fiber (Figure 1b) to receive a confocal signal from the Raman response, wherein a non-confocal signal from the Raman response is received simultaneously with the confocal signal over the core and an inner cladding of the double-clad fiber (par. 11-13, 30-34, 52-54; wherein a double-clad fiber may be utilized to transmit and receive radiation in a core and a cladding region; wherein the plurality of simultaneous measurements each have their own advantages, and may be utilized to enhance each of the other measurements); and
a spectrometer (29) configured to simultaneously detects a first spectrum from the core and a second spectrum from the inner cladding (par. 11-13, 30-34, 52-54; wherein a double-clad fiber may be utilized to transmit and receive radiation in a core and a cladding region; wherein the plurality of simultaneous measurements each have their own advantages, and may be utilized to enhance each of the other measurements); and
at least one processor (34) coupled to the spectrometer to receive a confocal spectroscopic signal as the first spectrum simultaneously with a non-confocal spectroscopic signal as the second spectrum combined with the first spectrum (par. 31-32);
[claim 20] at least one processor (34) coupled to receive a confocal spectroscopic signal and a non-confocal spectroscopic signal from the spectrometer and to determine one or more characteristics of the sample based on the confocal spectroscopic signal and the non-confocal spectroscopic signal (par. 31-32, 57; wherein a variety of detection and imaging modalities may be utilized).
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) 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bouma, in view of US Patent 5,304,810 to Amos.
In regards to claims 7 and 16, Bouma discloses and shows in Figures 6a-6e, the optical metrology device further comprising:
a single common probe lens (66) for focusing the light emitted from the double clad optical fiber onto the sample (Figures 3a, 4a-b, 5a) (par. 52-54, 56);
a variety of different double clad optical fiber configurations, wherein one configuration may have a plurality of cladding regions (98a-98c); another configuration has two separate optical fibers (104, 106) within the same probe; and another configuration has numerous optical fibers (110a-110f) around a common core (108) within a probe (par. 59-64).
Bouma differs from the limitations in that it is silent to the method and device further comprising:
a second light source that generates a second light beam;
wherein the objective lens is further configured to focus the second light beam on the sample and to receive a second Raman response emitted from the sample in response to the second light beam;
a second double-clad fiber that receives the second Raman response, the second double-clad fiber configured to simultaneously receive a second confocal signal for the second Raman response at a second core of the second double-clad fiber and at least a portion of a second non-confocal signal for the second Raman response at a second inner cladding of the second double-clad fiber; and
a second spectrometer configured to simultaneously receive the second confocal signal for the second Raman response from the second core and the at least the portion of the second non-confocal signal for the second Raman response from the second inner cladding.
However, Amos teaches and shows in Figures 1-3, a confocal scanning microscope wherein a sample is simultaneously scanned by two separate lasers (L1, L2) having different wavelengths, through a common scanning system and objective (O) assembly, and wherein each reflected light beam is detected by a separate confocal detector (A1, A2, D1, D2) (col. 3, ll. 4-44). The optical assembly of Amos essentially forms two separate confocal detection channels, to allow two simultaneous measurements to be performed and processed.
As discussed above, Bouma discloses numerous configurations wherein a double clad optical fiber may contain a plurality of optical fibers.
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 Bouma to include a second light source, a second double clad optical fiber, and a second spectrometer, for the advantage of providing a plurality of separate detection channels to allow a plurality of simultaneous measurements, with a reasonable expectation of success.
Claim(s) 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bouma, in view of US Publication 2009/0119808 to Giakos.
In regards to claims 8 and 17, Bouma differs from the limitations in that it is silent to the optical metrology device, further comprising:
[claims 8 and 17] a polarizer disposed between the light source and the objective lens;
an analyzer disposed between the objective lens and the double-clad fiber; and
However, Giakos teaches and shows in Figure 5, an optical imaging system (par. 57) which includes a polarization generator (130) (applicant’s polarizer), a beam expander (540), and a polarization receiver (140) (applicant’s analyzer) (par. 37-38, 44, 88-89).
Further, polarizers, beam expanders and polarization analyzers are well-known to those of ordinary skill in the art.
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 Bouma to include the optical components discussed above for the advantage of providing a plurality well-known optical components to obtain desired light characteristics, with a reasonable expectation of success.
Allowable Subject Matter
Claims 9 and 18 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 9 and 18, the prior art of record, taken alone or in combination, fails to disclose or render obvious, the device and method “for Raman spectroscopy” wherein a “double-clad fiber” receives confocal Raman light at a core and non-confocal Raman light at an inner cladding, wherein the double-clad fiber “is not disposed between the light source and the objective lens” or “wherein the double-clad fiber is not used for transmitting the light beam towards the sample”, in combination with the rest of the limitations of the claim.
The prior art is silent to a Raman spectroscopy system further comprising a double-clad fiber in only the detector path of the system. The primary reference to Bouma explicitly discloses a double-clad fiber in both the sample illumination and light receiving paths of the system.
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
Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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