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 .
Election/Restrictions
Applicant's election with traverse in the reply filed on 05/28/2026 is acknowledged. The traversal is on the ground(s) that species relate to closely related subject matter that are not mutually exclusive embodiments. This is found persuasive, accordingly the restriction of claims 1-31 is withdrawn. Therefore, the examiner hereby rejoins claims 1-31 for substantive examination. Claims 1-31 are remain pending in the application.
Claim Objections
Claim 22 is objected to because of the following informalities:
Claim 22 recite the abbreviation “Δt1 /Δt3” without its expanded text. The claims should be rewritten in such manner so as to recite “a time duration between successive bursts (Δt3) and burst time duration (Δt1)” in order to introduce the abbreviation along with its corresponding expanded text. Note the order of abbreviation with respect to its corresponding expanded text. Additionally, it is the abbreviation that which should be enclosed by parentheses.
Appropriate correction is required.
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.
Claim 13 is 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.
The term “closely spaced” in claim 13 is a relative term which renders the claim indefinite. The term “closely spaced” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree “of the space”, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
For purposes of examination and until Applicant either overcome or cures the deficiency above, the Examiner will interpret claim limitations “spectrum comprises bands of wavelengths which are closely spaced” as any space/distance/separation between wavelength bands and/or no space between wavelength bands, such as a continuous spectrum.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 12038668 B2, hereafter 668’ in view of Zhang et al. (US 2021/0098959 A1), hereafter Zhang and further in view of Okuno et. al. (US 2011/0116282, included in IDS on 11/25/2024).
Regarding Claim 1, 668’ claims a light source comprising, [Col. 17, Claim 1, line 21]: a pulse generator configured to provide a first sequence of light pulses [Col. 17, Claim 1, lines 22-23], the first sequence of light pulses having a first number of light pulses in a predetermined time period, [Col. 17, Claim 1, lines 23-25];
a modulator configured to increase or decrease the first number of light pulses provided by the pulse generator in the predetermined time period, [Col. 17, Claim 1, lines 27-30],
a nonlinear optical fiber configured to receive the modulated sequence of light pulses [Col. 17, Claim 1, lines 44-46],
668’ does not claim providing a modulated sequence of light pulses, said modulated sequence including bursts of light pulses, a nonlinear optical fiber, generate a sequence of broadband light pulses from said modulated sequence of light pulses.
However, Zhang teaches providing a modulated sequence of light pulses [0041],,, said modulated sequence including bursts of light pulses (as shown in Fig. 4A, [0041]). It would have been obvious to one having ordinary skill in the art before the effective filling day of the claimed invention to claim 668’ does not claim providing a modulated sequence of light pulses, said modulated sequence including bursts of light pulses in order to allowing to independently modulate each set of sub-pulses, thus increase the device accuracy, ([0010, Zhang]).
However, Okuno teaches a nonlinear optical fiber (Fig. 14 element 211), generate a sequence of broadband light pulses from said modulated sequence of light pulses, [0184]. It would have been obvious to one having ordinary skill in the art before the effective filling day of the claimed invention to claim 668’ does not claim a nonlinear optical fiber, generate a sequence of broadband light pulses from said modulated sequence of light pulses in order to allowing an increase in the interaction length and generating a simple spectrum control, thus increase the device efficiency ([0003], Okuno).
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 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.
Claims 1, 12-15, 17-20, 23-24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2021/0098959 A1), hereafter Zhang in view of Okuno et. al. (US 2011/0116282, included in IDS on 11/25/2024), hereafter Okuno.
Regarding claim 1, Zhang teaches a light source (Fig. 1 element 100, [0024]) comprising:
a pulse generator (Fig. 1 element 140 + 112) configured to provide a first sequence of light pulses, [0027, 0029], the first sequence of light pulses having a first number of light pulses in a predetermined time period, [0031];
a modulator (Fig. 1 element 130) configured to increase or decrease the first number of light pulses provided by the pulse generator in the predetermined time period, [0041], thereby providing a modulated sequence of light pulses, said modulated sequence including bursts of light pulses (as shown in Fig. 4A, [0041]); and
Zhang fail to teach a nonlinear optical fiber configured to receive the modulated sequence of light pulses and generate a sequence of broadband light pulses from said modulated sequence of light pulses.
Okuno related to modulation of light sources devices and thus from the same field of endeavor teaches a nonlinear optical fiber (Fig. 14 element 211) configured to receive the modulated sequence of light pulses (element 211 received the second sequence of light generated by 204/203 + 231/241, [0184]), and generate a sequence of broadband light pulses (Fig. 14 element P2 “supercontinuum pulses”) when from said modulated sequence of light pulses, [0184].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Zhang by including a nonlinear optical fiber configured to receive the modulated sequence of light pulses and generate a sequence of broadband light pulses from said modulated sequence of light pulses (as taught by Okuno) for several advantages such as: allowing an increase in the interaction length and generating a simple spectrum control, thus increase the device efficiency ([0003], Okuno). Also allowing to enhance ablation such as facilitating precise targeting and plasma formation at lower average thermal loads compared to traditional single-wavelength medical lasers thus increasing device versatility.
Regarding Claim 12, Zhang in the combination outlined above teaches the light source of claim 1.
Zhang further teaches wherein the pulse generator (Fig. 1 element 110) comprises an optical source (Fig. 1 element 118) configured to generate a pulse train of light pulses, (as shown in Fig. 4A, [0041]).
Regarding Claim 13, Zhang in the combination outlined above teaches the light source of claim 1.
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Zhang further teaches wherein each burst includes a plurality of closely spaced light pulses, (as shown in annotated Fig. 4A each burst 404 comprises a plurality of sub-pulse closely spaced, [0041]).
Regarding Claim 14, Zhang in the combination outlined above teaches the light source of claim 1.
Zhang further teaches wherein the modulated sequence of light pulses includes bursts of light pulses (Fig. 4a element 402) having an inter-burst time spacing TB between bursts (annotated Fig. 4A, element 408 (TB)), wherein a burst includes successive light pulses having a time TBP therebetween (annotated Fig. 4A, indicated by TBP)), [0041].
Regarding Claim 15, Zhang in the combination outlined above teaches the light source of claim 1.
Zhang further teaches wherein the time between successive light pulses in a burst, TBP, is less than the inter-burst time spacing between bursts, TB, such that TBP < TB, (as shown in annotated Fig. 4A by the time difference in the graph TBP < TB, [0041]).
Regarding Claim 17, Zhang in the combination outlined above teaches the light source of claim 1.
Zhang further teaches wherein the light source (Fig. 1 element 100) further comprises a controller (Fig. 1 element 120, [0024]) for controlling operation of the modulator (Fig. 1 element 130), [0026, 0028, 0031].
Regarding Claim 18, Zhang in the combination outlined above teaches the light source of claim 17.
Zhang further teaches wherein the number of light pulses in the modulated sequence of light pulses is controllable by the controller (Fig. 1 element 120), (as shown in Fig. 5, [0041-0042]).
Regarding Claim 19, Zhang in the combination outlined above teaches the light source of claim 1.
Zhang fail to teach wherein the pulse generator comprises a laser oscillator configured to generate an initial sequence of light pulses having a defined repetition rate.
However, Okuno further teaches wherein the pulse generator comprises a laser oscillator (Fig. 4 element 102c, [0132]) configured to generate an initial sequence of light pulses having a defined repetition rate, [0128, 0134].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Zhang by including wherein the pulse generator comprises a laser oscillator configured to generate an initial sequence of light pulses having a defined repetition rate. (as taught by Okuno) for several advantages such as: allows the phases of the respective modes contained in the light excited by the excitation light to be synchronized, [0128].
Regarding Claim 20, Zhang in the combination outlined above teaches the light source of claim 1.
Zhang further teaches wherein the first sequence of light pulses is provided at a repetition rate, and wherein the modulator is configured to reduce the repetition rate of the first sequence, [0041].
Regarding Claim 23, Zhang in the combination outlined above teaches the light source of claim 1.
Zhang fail to teach wherein the light source forms part of a metrology system or a system for semiconductor inspection.
However, Okuno further teaches wherein the light source forms part of a metrology system, (Fig. 7, [0134] and/or Fig. 34, [0280]) or a system for semiconductor inspection.
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Zhang by including wherein the light source forms part of a metrology system or a system for semiconductor inspection, (as taught by Okuno) for several advantages such as: allows investigating the wavelength dependence of the fluorescence life of hemoglobin under certain oxygen saturation conditions, thus increase the device versatility, ([0280], Okuno).
Regarding claims 24 and 27, Zhang in the combination outlined above teaches a system and method (Fig. 1 element 100) for optical analysis and/or measurement (the term " for analysis and/or measurement" in the preamble merely designates an intended use which does not carry enough weight so as to patentably distinguish from the cited prior See MPEP 2111.02),, comprising: the light source of claim 1,
wherein the light source is arranged to illuminate an object (Fig. 1 element 185, [0024]).
Zhang fail to teach a detector for detecting light received from the illuminated object; and an analyzer arranged to analyze the detected light and to derive therefrom at least one parameter of the object, (claim 27) illuminating the object to be analyzed with at least part of the broadband light pulses generated by the light source
Okuno further teaches a system (Fig. 34) for optical analysis and/or measurement, [0280], a detector (Fig. 34 element 3103) for detecting light received from the illuminated object, [0280]; and an analyzer arranged to analyze the detected light and to derive therefrom at least one parameter of the object, [0281-0282], (claim 27) illuminating the object to be analyzed with at least part of the broadband light pulses generated by the light source, [0281].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Zhang by including a detector for detecting light received from the illuminated object; and an analyzer arranged to analyze the detected light and to derive therefrom at least one parameter of the object, illuminating the object to be analyzed with at least part of the broadband light pulses generated by the light source, (as taught by Okuno) for several advantages such as: allows investigating the wavelength dependence of the fluorescence life of hemoglobin under certain oxygen saturation conditions, thus increase the device versatility, ([0280], Okuno).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Okuno, further in view of Michailovas et al. (US 2022/0337017 A1, included in IDS on 11/25/2024), hereafter Michailovas.
Regarding Claim 2, Zhang in the combination outlined above teaches the light source of claim 1.
The modified device of Zhang fail to teach wherein an intra-pulse temporal spacing between the pulses in a burst is shorter than 200 ps.
Michailovas related to irradiation system and thus form the same field of endeavor teaches wherein an intra-pulse temporal spacing between light pulses in a burst is shorter than 200 ps, (as shown in Fig. 2B element T3 “intra-pulse temporal spacing is 10 ps that is shorter than 200 ps, [0098-0099]). Additionally, it has been held that to be a prima facie case of obviousness that the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of ranges is the optimum combination of ranges (see MPEP 2144.05 Section II-A).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein an intra-pulse temporal spacing between light pulses in a burst is shorter than 200 ps (as taught by Michailovas) for several advantages such as: allowing to control an amplitude of individual pulses in GHz burst with very high precision also allows for synthesizing long bursts, thus increase the device accuracy, ([0098], Michailovas).
Claims 3 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Okuno, further in view of Yusim et al. (US 2022/0149579 A1, included in IDS on 11/25/2024), hereafter Yusim.
Regarding Claim 3, Zhang in the combination outlined above teaches the light source of claim 1.
Zhang fail to teach wherein an intra-pulse temporal spacing between light pulses in a burst is larger than 1.5 times the width of the light pulses in the burst.
Yusim related to irradiation system and thus form the same field of endeavor teaches wherein an intra-pulse temporal spacing between light pulses in a burst is larger than 1.5 times the width of the light pulses in the burst, (the width of the light pulses in the burst is 9ns and the an intra-pulse temporal spacing between light pulses in a burst have a magnitude of 11MHZ that in time is 90 ns. Therefore, 90ns > (1.5) 9ns, that mean 90ns > 13.5 ns [0082]). Additionally, it has been held that to be a prima facie case of obviousness that the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of ranges is the optimum combination of ranges (see MPEP 2144.05 Section II-A).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein an intra-pulse temporal spacing between light pulses in a burst is larger than 1.5 times the width of the light pulses in the burst, (as taught by Yusim) for several advantages such as: allowing to create a high repetition rates of pulse that not only increase the average power output for a train of ultrashort pulsed laser light, but also allow for faster processing speeds, thus increase the device efficiency ([0038], Yusim).
Regarding Claim 22, Zhang in the combination outlined above teaches the light source of claim 1.
The modified device of Zhang fail to teach wherein the bursts have a power cycle, Δt1 /Δt3, which is less than or equal to 20 %.
Yusim further teaches wherein the bursts have a power cycle, Δt1/Δt3, which is less than or equal to 20 %, ( At1 have a magnitude of 9ns “burst time duration” and the At3 “time duration between successive pulse bursts in the second sequence of pulses” have a magnitude of 11MHZ that in time is 90 ns, At1/At3 = 9ns/90ns = 10%, that mean that At1\At3 is less than 20% [0082]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the bursts have a power cycle, Δt1 /Δt3, which is less than or equal to 20 %, (as taught by Yusim) for several advantages such as: allowing to create a high repetition rates of pulse that not only increase the average power output for a train of ultrashort pulsed laser light, but also allow for faster processing speeds, thus increase the device efficiency ([0038], Yusim).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Okuno, further in view of Clowes et al. (US 2009/0097512 A1, included in IDS on 11/25/2024), hereafter Clowes.
Regarding Claim 6, Zhang in the combination outlined above teaches the light source of claim 1.
The modified device of Zhang fail to teach wherein the modulator comprises an acousto-optical modulator or an electro-optical modulator.
Clowes related to irradiation system and thus form the same field of endeavor teaches wherein the modulator comprises an acousto-optical modulator or an electro-optical modulator, (Fig. 4 elements 42 + 43), [0013, 0039-0040]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the modulator comprises an acousto-optical modulator or an electro-optical modulator (as taught by Clowes) for several advantages such as: allowing to selectively control the launch of pump pulses into the nonlinear optical element at a variable, lower repetition rate, to thereby selectively control the generation of optical supercontinuum pulses within the nonlinear optical element and their repetition rate, thus increase the device versability, ([0009], Clowes).
Regarding Claims 7-8, Zhang in the combination outlined above teaches the light source.
Even though the modified device of Zhang teaches a nonlinear optical fiber (Fig. 14 element 211, Okuno).
The modified device of Zhang fail to teach:
(claim 7) wherein the nonlinear optical fiber has a hollow core.
(claim 8) wherein the nonlinear optical fiber is a photonic bandgap type microstructured fiber
However, Clowes further teaches:
(claim 7) wherein the nonlinear optical fiber has a hollow core, [0011, 0074].
(claim 8) wherein the nonlinear optical fiber is a photonic bandgap type microstructured fiber, [0011, 0074].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the nonlinear optical fiber has a hollow core, wherein the nonlinear optical fiber is a photonic bandgap type microstructured fiber (as taught by Clowes) for several advantages such as: the fiber produces extensive spectral broadening of the pump pulses into the visible and further out into the IR region of the spectrum, thereby forming supercontinuum pulses, thus increase the device versatility, ([0041], Clowes). Also, hollow core fiber allows to generate higher laser power without damaging the optical fiber, thus increase the device efficiency.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Okuno, further in view of Uebel et al.(US 2019/0319420 A1), hereafter Uebel).
Regarding Claims 9-11, Zhang in the combination outlined above teaches the light source.
Even though the modified device of Zhang teaches a nonlinear optical fiber (Fig. 14 element 211, Okuno).
The modified device of Zhang fail to teach:
(claim 9) wherein the nonlinear optical fiber is a gas-filled hollow-core microstructured fiber.
(claim 10) wherein the gas-filled hollow-core microstructured fiber is configured to generate a supercontinuum spectrum.
(claim 11) wherein the supercontinuum spectrum extends into the ultraviolet (UV) range.
However, Uebel related to light sources devices and thus from the same field of endeavor teaches:
(claim 9) wherein the nonlinear optical fiber (Fig. 1 element 10, [0012, 0051]) is a gas-filled hollow-core microstructured fiber, [0023, 0027].
(claim 10) wherein the gas-filled hollow-core microstructured fiber (Fig. 1 element 10) is configured to generate a supercontinuum spectrum, [0029].
(claim 11) wherein the supercontinuum spectrum extends into the ultraviolet (UV) range, [0029, 0033].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the nonlinear optical fiber is a gas-filled hollow-core microstructured fiber, wherein the gas-filled hollow-core microstructured fiber is configured to generate a supercontinuum spectrum, wherein the supercontinuum spectrum extends into the ultraviolet (UV) range, (as taught by Uebel) for several advantages such as: allowing long term and stable generation of light in the ultraviolet spectral region with strongly reduced fiber degradation, thus increase the device accuracy, ([0033], Uebel).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Okuno, further in view of Ammann et al. (US 9,570,780 B1, included in IDS on 03/12/2026), hereafter Ammann.
Regarding Claim 16, Zhang in the combination outlined above teaches the light source of claim 1.
The modified device of Zhang fail to teach wherein the light source further comprises an AOM (acousto optic modulator) or an EOM (electro optic modulator), to control the peak power or energy of the light pulses.
Ammann related to pulse illuminating devices and thus from the same field of endeavor teaches wherein the light source (Fig. 7) further comprises an AOM (acousto optic modulator) or an EOM (electro optic modulator), to control the peak power or energy of the light pulses, [Col. 16, lines 32-44].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the light source further comprises an AOM (acoustic optic modulator) or an EOM (electro optic modulator), to control the peak power or energy of the light pulses, (as taught by Ammann) for several advantages such as: this highly dynamic modulation capability permits using a single AOM to control the high energy input pulses as well as the low energy control pulses, thus increase the device efficiency, ([Col. 16, lines 32-44], Ammann).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Okuno, further in view of Sahara et al. (US 2022/0276153 A1, included in IDS on 02/12/2026), hereafter Sahara.
Regarding Claim 21, Zhang in the combination outlined above teaches the light source of claim 1.
The modified device of Zhang fail to teach wherein the broadband light pulses comprise a wavelength range of 400 nm to 2400 nm.
Sahara related to light source devices and thus from the same field of endeavor teaches wherein the broadband light pulses comprise a wavelength range of 400 nm to 2400 nm, (1064 nm, [0071]). Additionally, it has been held that to be a prima facie case of obviousness that the normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of ranges is the optimum combination of ranges (see MPEP 2144.05 Section II-A).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the broadband light pulses comprise a wavelength range of 400 nm to 2400 nm, (as taught by Sahara) for several advantages such as: the device configuration allows to provide an optimized spectroscopic measurement apparatus with high intensity resolution, thus increase the device versability ([0042-0043], Sahara).
Claims 25 and 28-31 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Okuno, further in view of Yun et al. (US 2006/0055936 A1 included in IDS on 02/12/2026), hereafter Yun.
Regarding Claims 25 and 28, Zhang in the combination outlined above teaches the system and method
The modified device of Zhang fail to teach:
(claim 25) wherein the detector has an integration time that exceeds the burst duration, such that one spectrum is recorded from the illuminated object within the burst duration.
(claim 28) wherein the detection step is performed using a detector having an integration time that is longer than the time duration of a pulse or a burst of pulses as provided by the light source.
Yun related to optical illumination system and thus from the same field of endeavor teaches:
(claim 25) wherein the detector (Fig. 1 element 50) has an integration time that exceeds the burst duration, such that one spectrum is recorded from the illuminated object within the burst duration, [0041, 0044].
(claim 28) wherein the detection step is performed using a detector (Fig. 1 element 50) having an integration time that is longer than the time duration of a pulse or a burst of pulses as provided by the light source, [0041, 0044].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the detector has an integration time that exceeds the burst duration, such that one spectrum is recorded from the illuminated object within the burst duration, wherein the detection step is performed using a detector having an integration time that is longer than the time duration of a pulse or a burst of pulses as provided by the light source (as taught by Yun) for several advantages such as: it is possible to use a broadband source emitting a high output power, such as SLD and Ti:Sapphire mode-locked laser, and time-gate the output to decrease the duty cycle and therefore an effective exposure energy level to the sample, thus increase the device efficiency, ([0044], Yun).
Regarding claims 29-30, Zhang in the combination outlined above teaches An apparatus (Fig. 1 element 100) for carrying out spectroscopy on a sample (the term " carrying out spectroscopy on a sample " in the preamble merely designates an intended use which does not carry enough weight so as to patentably distinguish from the cited prior See MPEP 2111.02), comprising: the light source of claim 1.
Zhang fail to teach:
(claim 29) wherein the light source is configured for illuminating the sample with broadband or supercontinuum light at least one detector for detecting light from the sample, wherein an integration time of the detector exceeds the time duration of a light pulse and/or of a burst of light pulses.
(claim 30) wherein the at least one detector is activated synchronously with the light source, such that the detector is active when receiving the burst of pulses.
Okuno further teaches:
(claim 29) apparatus carrying out spectroscopy on a sample, [0208], wherein the light source (Fig. 34 element 301, [0280]) is configured for illuminating the sample (Fig. 34 element 3101) with broadband or supercontinuum light (SC optical pulse train P2, [0281) at least one detector (Fig. 34 element 3103) for detecting light from the sample, [0281-0282].
(claim 30) wherein the at least one detector is activated synchronously with the light source, such that the detector is active when receiving the burst of pulses, [0286].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Zhang by including apparatus carrying out spectroscopy on a sample, wherein the light source is configured for illuminating the sample with broadband or supercontinuum light at least one detector for detecting light from the sample, wherein the at least one detector is activated synchronously with the light source, such that the detector is active when receiving the burst of pulses (as taught by Okuno) for several advantages such as: allows investigating the wavelength dependence of the fluorescence life of hemoglobin under certain oxygen saturation conditions, thus increase the device versatility, ([0280], Okuno).
Zhang and Okuno still lack to teach (claim 29) wherein an integration time of the detector exceeds the time duration of a light pulse and/or of a burst of light pulses.
Yun related to optical illumination system and thus from the same field of endeavor teaches (claim 29) wherein an integration time of the detector (Fig. 1 element 50) exceeds the time duration of a light pulse and/or of a burst of light pulses, [0041, 0044].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein an integration time of the detector exceeds the time duration of a light pulse and/or of a burst of light pulses, (as taught by Yun) for several advantages such as: it is possible to use a broadband source emitting a high output power, such as SLD and Ti:Sapphire mode-locked laser, and time-gate the output to decrease the duty cycle and therefore an effective exposure energy level to the sample, thus increase the device efficiency, ([0044], Yun).
Regarding Claim 31, Zhang in the combination outlined above teaches the apparatus of claim 29.
The modified device of Zhang fail to teach wherein the optical power provided in a burst as a whole is detectable such that the detector records a single spectrum from the supercontinua generated by the individual pulses in the burst.
However, Yun further teaches wherein the optical power provided in a burst as a whole is detectable such that the detector records a single spectrum from the supercontinua generated by the individual pulses in the burst, [0010, 0041-0042].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the optical power provided in a burst as a whole is detectable such that the detector records a single spectrum from the supercontinua generated by the individual pulses in the burst, (as taught by Yun) for several advantages such as: it is possible to use a broadband source emitting a high output power, such as SLD and Ti:Sapphire mode-locked laser, and time-gate the output to decrease the duty cycle and therefore an effective exposure energy level to the sample, thus increase the device efficiency, ([0044], Yun).
In the arguendo that Yun do not clearly teaches the limitation above, A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the device perform a known function of detection spectrum from a supercontinua generated by pulses inn the burst as discloses by Yun is predictable to apply the same function of records a single spectrum from the supercontinua generated by the individual pulses in the burst.
Therefore, it would be “obvious to try” to a single spectrum from the supercontinua generated by the individual pulses in the burst. since achieves the predictable result of determine the spectrum of a burst as result of routine optimization in order to adjusting detector exposure times (gating) to match the macro-pulse or burst width is a routine optimization of parameters, thus allowing to improved device accuracy.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Okuno, further in view of Muhammed et al. (US 2008/0123097 A1), hereafter Muhammed.
Regarding Claims 26, Zhang in the combination outlined above teaches the system of claim 24.
The modified device of Zhang fail to teach wherein the system is configured for analysis of semiconductor materials and/or quality inspection.
However, Muhammed related to optical illumination system and thus from the same field of endeavor teaches wherein the system is configured for analysis of semiconductor materials and/or quality inspection, [0025, 0030].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filling day of the claimed invention to modify the modified device of Zhang by including wherein the system is configured for analysis of semiconductor materials and/or quality inspection. (as taught by Muhammed) for several advantages such as: enables the possibility to produce cost effective, instantaneous and non-instantaneous multi- and hyperspectral images or spectral-information-rich multi-band images using low- cost conventional camera and optical accessories, ([0046], Muhammed).
Allowable Subject Matter
Claims 4-5 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.
Regarding Claim 4, the prior art of record, taken either alone or in combination, fails to disclose, teach, or suggest or render obvious “wherein a ratio between a time duration between successive bursts (Δt3) and intra-pulse temporal spacing between successive light pulses in the burst (Δt2), Δt3 /Δt2, is greater than or equal to 5.”, in the combination required by the claim.
Regarding Claim 5 is directly/indirectly dependent on claim 4 and are allowable based on their dependencies.
Conclusion
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/CARLOS PEREZ-GUZMAN/ Examiner, Art Unit 2877
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