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
Acknowledgement is made that the instant application is a continuation of application PCT/JP2022/028619, filed on 7/25/2022.
Claim Objections
Claims 41, 42, 69, and 72 are objected to because of the following informalities:
Claim 41, line 2, “the incidence angle θα” should be changed to --the incidence angle θα-- to improve antecedence.
Claim 42, line 5, “the incidence angle θα” should be changed to --the incidence angle θα-- to improve antecedence.
Claim 69, line 5, “wavelengthλ1” should be changed to --wavelength λ1” to correct spacing.
Claim 69, line 7, “wavelengthλ2” should be changed to --wavelength λ2” to correct spacing.
Claim 72, line 2, “pupil ,” should be changed to --pupil,-- to correct spacing.
Claim 72, line 5, “light ,” should be changed to --light,-- to correct spacing.
Appropriate correction is required to place claims in better form.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 115 (see “light absorber 115” on page 21, lines 8-9 of the filed specification). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a mechanism that adjusts a relative position of the emission end of the optical fiber bundle and the input lens system within a plane perpendicular to an optical axis of the input lens system” in claim 43 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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: “an illumination unit” in lines 3-7 in claim 39; “an adjustment mechanism” in lines 1-4 in claim 40; “a mechanism that adjusts a relative position of the emission end of the optical fiber bundle and the input lens system within a plane perpendicular to an optical axis of the input lens system” in lines 8-10 in claim 43; “a mechanism that adjusts an inclination of the first light and the second light projected to the incidence surface of the optical integrator” in lines 10-12 in claim 43; “a mechanism that adjusts a relative position of the surface light, which is formed on the emission surface of the optical integrator, and the condenser lens system within a plane perpendicular to an optical axis of the condenser lens system” in lines 12-15 in claim 43; “an illumination unit” in lines 3-7 in claim 49; “an illumination unit” in lines 3-7 in claim 59; “an adjustment mechanism” in lines 3-6 in claim 65; “an illumination unit” in lines 3-8 in claim 69; “an optical member” in lines 2-5 in claim 74. See MPEP 2181, subsection I.
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 § 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.
Claims 62-65 are 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.
Regarding claim 62, the limitation “wherein a difference between the peak wavelength λ1 and the peak wavelength λ2 is set so that either the first condition or the second condition is satisfied, and the order j1 and the order j2 are same as each other” in lines 1-4 is vague and indefinite. The limitations “the first condition,” “the second condition,” “the order j1,” and “the order j2” do not have proper antecedent basis in the parent claims, claim 59 and claim 61. Claim 60 does properly introduce the limitations “a first condition” and “a second condition,” but neither claim 61 nor claim 62 depend from claim 60. It is therefore unclear if claim 62 is intended to depend from claim 61 or if claim 62 is intended to properly introduce the limitations “the first condition,” “the second condition,” “the order j1,” and “the order j2,” and the metes and bounds of the claim are therefore indefinite. For the purposes of examination, the limitation is being interpreted as depending from claim 60 and meaning wherein a difference between the peak wavelength λ1 and the peak wavelength λ2 is set so that either the first condition or the second condition is satisfied, and the order j1 and the order j2 are same as each other. Thus, claim 62 is rejected as being indefinite. Appropriate correction is required.
Regarding claim 63, the limitation “wherein a difference between the peak wavelength λ1 and the peak wavelength λ2 is set so that either the first condition or the second condition is satisfied, and the order j1 and the order j2 are different from each other” in lines 1-4 is vague and indefinite. The limitations “the first condition,” “the second condition,” “the order j1,” and “the order j2” do not have proper antecedent basis in the parent claims, claim 59 and claim 61. Claim 60 does properly introduce the limitations “a first condition” and “a second condition,” but neither claim 61 nor claim 63 depend from claim 60. It is therefore unclear if claim 63 is intended to depend from claim 61 or if claim 63 is intended to properly introduce the limitations “the first condition,” “the second condition,” “the order j1,” and “the order j2,” and the metes and bounds of the claim are therefore indefinite. For the purposes of examination, the limitation is being interpreted as depending from claim 60 and meaning wherein a difference between the peak wavelength λ1 and the peak wavelength λ2 is set so that either the first condition or the second condition is satisfied, and the order j1 and the order j2 are different from each other. Thus, claim 63 and all claims depending therefrom are rejected as being indefinite. Appropriate correction is required.
Regarding claim 65, the limitation “an adjustment mechanism that changes an incidence angle of at least one of the first light and the second light from the designed incidence angle θα so that the first diffraction angle θj1 and the second diffraction angle θj2 are symmetrically distributed with respect to the optical axis” in lines 3-6 is vague and indefinite. Claim 65 depends from claims 59 and 60, and lines 11-14 of claim 59 recites “wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis.” The language in claim 59 requiring the first and second diffraction angles “are distributed on one side with respect to the optical axis” appears to conflict with the language in the instant claim that “the first diffraction angle θj1 and the second diffraction angle θj2 are symmetrically distributed with respect to the optical axis.” It is unclear if claim 65 is meant to require the first diffraction angle θj1 and the second diffraction angle θj2 are symmetrically distributed in a different plane or different axis direction from the plane or axis in which the first diffraction light and the second diffraction light are distributed on one side of the optical axis as required by claim 59, or if claim 65 fails to properly further limit claim 59 by the adjustment mechanism resulting in the change of the first diffraction angle and the second diffraction angle to be arranged symmetrically distributed with respect to the optical axis rather than on one side with respect to the optical axis; therefore, the metes and bounds of the scope of claim 65 are indefinite. For the purposes of examination, the limitation is being interpreted as meaning an adjustment mechanism that changes an incidence angle of at least one of the first light and the second light from the designed incidence angle θα so that the first diffraction angle θj1 and the second diffraction angle θj2 are symmetrically distributed with respect to the optical axis in one direction. Thus, claim 65 is rejected as being indefinite. Appropriate correction is required.
Allowable Subject Matter
Claims 39-61 and 66-76 are allowed.
Claims 63-65 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding claim 1, the prior art of record, either alone or in combination, fails to teach or render obvious an illumination unit that irradiates the spatial light modulation element with first light with a peak wavelength λ1 and second light with a peak wavelength λ2 (λ2 ≠ λ1), so that the first light is diffracted by ON-state micromirrors of the spatial light modulation element as first diffraction light and the second light is diffracted by the ON-state micromirror as second diffraction light, wherein the first diffraction light and the second diffraction light enter the projection unit, so that the first diffraction light and the second diffraction light are distributed with an optical axis of the projection unit interposed therebetween. These limitations in combination with the other limitations of claim 39 render the claim non-obvious over the prior art of record.
Regarding claim 49, the prior art of record, either alone or in combination, fails to teach or render obvious an illumination unit that irradiates the spatial light modulation element with first light with a peak wavelength λ1 and second light with a peak wavelength λ2 (λ2 ≠ λ1), so that the first light is diffracted by ON-state micromirrors of the spatial light modulation element as first diffraction light and the second light is diffracted by the ON-state micromirror as second diffraction light, wherein the first diffraction light and the second diffraction light enter the projection unit, wherein a difference between a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second and the optical axis is within a predetermined allowable range. These limitations in combination with the other limitations of claim 49 render the claim non-obvious over the prior art of record.
Regarding claim 59, the prior art of record, either alone or in combination, fails to teach or render obvious an illumination unit that irradiates the spatial light modulation element with first light with a peak wavelength λ1 and second light with a peak wavelength λ2 (λ2 ≠ λ1), so that the first light is diffracted by ON-state micromirrors of the spatial light modulation element as first diffraction light and the second light is diffracted by the ON-state micromirror as second diffraction light, wherein the first diffraction light and the second diffraction light enter the projection unit, wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis. These limitations in combination with the other limitations of claim 59 render the claim non-obvious over the prior art of record.
Regarding claim 69, the prior art of record, either alone or in combination, fails to teach or render obvious an illumination unit that irradiates the spatial light modulation element with light with a wavelength width ±Δλ with respect to a center wavelength λo, so that first light with a peak wavelength λ1 that is λo + Δλ is diffracted by ON-state micromirrors of the spatial light modulation element as first diffraction light and second light with a peak wavelength λ2 that is λo - Δλ is diffracted by the ON-state micromirror as second diffraction light; wherein the first diffraction light and the second diffraction light enter the projection unit, wherein a distribution shape where the first diffraction light and the second diffraction light are combined in a pupil of the projection unit is an isotropic shape. These limitations in combination with the other limitations of claim 69 render the claim non-obvious over the prior art of record.
The dependent claims are likewise allowable by virtue of their dependency upon an allowable independent claim as stated above.
Nakamura (JP2014-083562) discloses a laser irradiation unit that includes a laser light source that emits laser light of multiple wavelengths (Figs. 1 and 5-7, abstract, pages 3 and 11 of English translation, laser light source emits light having a plurality of wavelengths), and the laser light is incident upon a spatial light modulator having a micromirror array that diffracts the light in their ON states (Figs. 1-3 and 5-7, abstract, pages 3, 5, 9-11, the spatial light modulation element 6 comprises micromirrors 6a, and the spatial light modulator diffracts the incident light). Nakamura does not describe or render obvious wherein the first diffraction light and the second diffraction light enter the projection unit, so that the first diffraction light and the second diffraction light are distributed with an optical axis of the projection unit interposed therebetween, wherein a difference between a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second and the optical axis is within a predetermined allowable range, wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis, or wherein a distribution shape where the first diffraction light and the second diffraction light are combined in a pupil of the projection unit is an isotropic shape.
Takahashi (JP2007-326132) discloses a laser beam machining system comprising a light source generating laser beams with multiple wavelengths (Figs. 1, 10, 12, abstract, pages 5-7 of the attached English translation, light source unit 50 includes a light source 1 that emits a plurality of wavelengths) that are incident on a micro mirror array that diffracts the incident wavelengths (Figs. 1, 10, 12, page 6, micro mirror array 3 diffracts the laser beams). Takahashi fails to describe or render obvious wherein the first diffraction light and the second diffraction light enter the projection unit, so that the first diffraction light and the second diffraction light are distributed with an optical axis of the projection unit interposed therebetween, wherein a difference between a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second and the optical axis is within a predetermined allowable range, wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis, or wherein a distribution shape where the first diffraction light and the second diffraction light are combined in a pupil of the projection unit is an isotropic shape.
Takeda et al. (JP2019-023748) discloses a light source device comprising a plurality of lights sources with different wavelengths that illuminate a digital micro mirror device in an exposure head (Figs. 1-3, abstract), but Takeda fails to describe or suggest wherein the first diffraction light and the second diffraction light enter the projection unit, so that the first diffraction light and the second diffraction light are distributed with an optical axis of the projection unit interposed therebetween, wherein a difference between a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second and the optical axis is within a predetermined allowable range, wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis, or wherein a distribution shape where the first diffraction light and the second diffraction light are combined in a pupil of the projection unit is an isotropic shape.
Hiki et al. (WO2016/194378) discloses a light source device comprising a plurality of lights sources with different wavelengths that illuminate a digital micro mirror device in an exposure head (Figs. 1-3, abstract, light source device 19 with light sources 1 and 2 illuminates DMD 42b), but Hiki fails to describe or render obvious wherein the first diffraction light and the second diffraction light enter the projection unit, so that the first diffraction light and the second diffraction light are distributed with an optical axis of the projection unit interposed therebetween, wherein a difference between a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second and the optical axis is within a predetermined allowable range, wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis, or wherein a distribution shape where the first diffraction light and the second diffraction light are combined in a pupil of the projection unit is an isotropic shape.
Kurashige (US PGPub 2014/0253989) discloses a plurality of laser sources that each emit light beams having different wavelength ranges from each other (Fig. 1, 4-6, paras. [0059]-[0066, laser sources 61r, 61g, 61b), and the light beams are incident on a spatial light modulator (Figs. 1, 4-6, paras. [0038]-[0040], [0076], [0082], DMD 30). Kurashige does not describe or render obvious wherein the first diffraction light and the second diffraction light enter the projection unit, so that the first diffraction light and the second diffraction light are distributed with an optical axis of the projection unit interposed therebetween, wherein a difference between a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second and the optical axis is within a predetermined allowable range, wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis, or wherein a distribution shape where the first diffraction light and the second diffraction light are combined in a pupil of the projection unit is an isotropic shape.
Narita et al. (JP2012-022194) discloses a direct exposure apparatus that includes a light source that illuminates a digital micromirror device comprising a plurality of micromirrors with different wavelengths (Figs. 1-10, abstract, page 3 of English translation, light source 32 emits multiple wavelengths to DMD 10). Narita does not describe or render obvious wherein the first diffraction light and the second diffraction light enter the projection unit, so that the first diffraction light and the second diffraction light are distributed with an optical axis of the projection unit interposed therebetween, wherein a difference between a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second and the optical axis is within a predetermined allowable range, wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis, or wherein a distribution shape where the first diffraction light and the second diffraction light are combined in a pupil of the projection unit is an isotropic shape.
Kanatake et al. (US PGPub 2003/0210382) discloses a light source that may comprise an array of individually controllable lights to project the light to a pixel panel comprising micromirrors (Figs. 1-5, paras. [0020], [0021], [0024], light source 102 and pixel panel 108), but Kanatake fails to describe or render obvious illuminating the pixel panel with different wavelengths, and Kanatake therefore fails to describe or render obvious wherein the first diffraction light and the second diffraction light enter the projection unit, so that the first diffraction light and the second diffraction light are distributed with an optical axis of the projection unit interposed therebetween, wherein a difference between a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second and the optical axis is within a predetermined allowable range, wherein a first diffraction angle between an advancing direction of the first diffraction light and an optical axis of the projection unit and a second diffraction angle between an advancing direction of the second diffraction light and the optical axis are distributed on one side with respect to the optical axis, or wherein a distribution shape where the first diffraction light and the second diffraction light are combined in a pupil of the projection unit is an isotropic shape.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA A. RIDDLE whose telephone number is (571)270-7538. The examiner can normally be reached M-Th 6:30AM-5PM.
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/CHRISTINA A RIDDLE/Primary Examiner, Art Unit 2882
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