DETAILED ACTION
Status of Claims
The status of the claims is as follows:
(a) Claims 1-7 remain pending.
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
The Applicant claims benefit of a prior-filed application under 35 U.S.C. §119(e) or under 35 U.S.C. §120, §121, §365(c), or §386(c).
Information Disclosure Statement
The Information Disclosure Statement(s) (IDS) filed on 02/19/2025 comply with the provisions of 37 C.F.R. §1.97 and §1.98. The Examiner has considered all references, except for any references lined through on the attached IDS form.
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.
Claims 1, 3, and 4 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 pre-AIA the applicant regards as the invention. A claim is indefinite when it contains words or phrases whose meaning is unclear.
(a) Regarding Claim 1, the term “the loop portion N” lacks antecedent basis.
(b) Regarding Claim 1, the term “the combined interference light” lacks antecedent basis.
(c) Regarding Claim 3, the term “the circulating reference light and correction reflected light beam” lacks antecedent basis.
(d) Regarding Claim 4, the term “the circulating reference light and correction reflected light beams” lacks antecedent basis.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Ishioka JP2001041706A (hereinafter, Ishioka), in view of Thurner et al. U.S. P.G. Publication 2015/0019160A1 (hereinafter, Thurner).
Regarding Claim 1, Ishioka describes an optical measurement device comprising:
-a wavelength sweeping light source to output swept light having a wavelength continuously changing with time (a light source outputs an optical FM wave having a frequency continuously swept with time, Ishioka, Paragraphs 0001 and 0004);
-an irradiation optical system to emit measurement output light caused by the swept light from the wavelength sweeping light source toward a measurement object into a space as measurement light, to receive reflected light obtained by the measurement object reflecting the measurement light, and to output the reflected light as measurement reflected light (output light is divided into a reference light and a measurement light, the measurement light is directed toward a measurement target, and the reflected measurement light returns from the measurement target, Ishioka, Paragraphs 0005, 0041 and 0049; Figure 1);
-a circulating light path including a loop portion, to output circulating reference light for each circulation, in which reference output light caused by the swept light from the wavelength sweeping light source circulates through the loop portion N (an integer equal to or more than 0) times (reference light enters a circulating Fabry-Perot reference optical system and is repeatedly reflected, wherein the circulating reference light is output for each circulation and corresponds to k=0, 1, 2, 3 ... N circulations, Ishioka, Paragraphs 0041-0045; Figures 1-2);
-a measurement signal acquirer to combine the measurement reflected light from the irradiation optical system and the circulating reference light from the circulating light path, to output an accurate measurement signal obtained by photoelectrically converting the combined interference light (the measurement reflected light and the circulating reference light are combined into an interference light which is photoelectrically detected, and the resulting “beat” signal is analyzed, Ishioka, Paragraph 0049; Figures 1-2) ...
-and a signal processor to identify the number of circulations in the circulating light path of the circulating reference light, in which a light path length difference between the measurement reflected light and the circulating reference light is obtained by the accurate measurement signal from the measurement signal acquirer (a relative distance corresponding to the optical path difference is determined from the beat signal and the circulation number N is identified to determine the absolute distance, Ishioka, Paragraphs 0055-0061; Figures 5-7) ....
Ishioka does not specifically disclose the measurement signal acquirer to output a plurality of rough measurement signals including electric signals obtained using a plurality of circulating number measurement light beams having different refraction index dependencies with respect to a light path on a basis of the swept light, and a light path length difference between the measurement reflected light and the circulating reference light is obtained by the plurality of rough measurement signals from the measurement signal acquirer.
Thurner discloses, teaches, or at least suggests the missing limitation. Thurner describes using a first and second wavelength-dependent interferometric signal having respective refractive indices to determine a coarse absolute distance and an integer interference order (Thurner, Paragraphs 0083-0089; Figure 7). Thurner further describes determining a wavelength based on a first and a second wavelengths and their corresponding refractive indices and using the coarse absolute distance to determine a fringe number (Thurner, Paragraphs 0085-0089).
As a result, a person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ishioka to include the measurement signal acquirer to output a plurality of rough measurement signals including electric signals obtained using a plurality of circulating number measurement light beams having different refraction index dependencies with respect to a light path on a basis of the swept light, and a light path length difference between the measurement reflected light and the circulating reference light is obtained by the plurality of rough measurement signals from the measurement signal acquirer, as disclosed, taught, or at least suggested by Thurner.
It would have been obvious to combine and modify the cited references to use wavelength-dependent interferometric signals to provide a measurement for determining the circulation order because doing so allows distance and integer interference order to be determined more accurately, with a reasonable expectation of success (Thurner, Paragraphs 0083-0089).
Claims 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ishioka in view of Thurner, in further view of Johnson et al. U.S. P.G. Publication 2011/0080591A1 (hereinafter, Johnson).
Regarding Claim 2, Ishioka, as modified, describes the optical measurement device of claim 1.
Ishioka does not specifically disclose wherein the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are light beams having a plurality of wavelength time dependencies based on the swept light.
Johnson discloses, teaches, or at least suggests the missing limitation. Johnson describes first and second swept optical signals having wavelengths that change with time and further describes time-multiplexed scanning over different wavelength bands (Johnson, Paragraphs 0032-0034; Figures 6A-6E).
As a result, a person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ishioka to include wherein the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are light beams having a plurality of wavelength time dependencies based on the swept light, as disclosed, taught, or at least suggested by Johnson.
It would have been obvious to combine and modify the cited references to use light beams having different wavelength-time dependencies because doing so allows different wavelength regions to be measured during the wavelength sweep (Johnson, Paragraphs 0032-0034; Figures 6A-6E).
Regarding Claim 3, Ishioka, as modified, describes the optical measurement device of claim 1.
Ishioka does not specifically disclose wherein the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are correction reference light beams having different wavelengths obtained by dividing the circulating reference light and correction reflected light beams having different wavelengths obtained by dividing the measurement reflected light, by a measurement position correction signal obtained by converting light beams divided into a plurality of different wavelengths within a sweep range of the swept light into electric signals, and each of the plurality of rough measurement signals is a signal obtained by combining the correction reference light and the correction reflected light having a corresponding wavelength and photoelectrically converting the combined interference light.
Johnson discloses, teaches, or at least suggests the missing limitation. Johnson describes separating different wavelength components using wavelength division multiplexing and separately detecting the resulting interference signals (Johnson, Paragraphs 0044-0046; Figure 2). Johnson further describes a clock that generates an a signal at predetermined optical-frequency positions throughout the wavelength sweep and uses the clock signal to synchronize acquisition of the interference signals with the frequency tuning of the swept source (Johnson, Paragraphs 0035-0041; Figure 1).
As a result, a person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ishioka to include wherein the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are correction reference light beams having different wavelengths obtained by dividing the circulating reference light and correction reflected light beams having different wavelengths obtained by dividing the measurement reflected light, by a measurement position correction signal obtained by converting light beams divided into a plurality of different wavelengths within a sweep range of the swept light into electric signals, and each of the plurality of rough measurement signals is a signal obtained by combining the correction reference light and the correction reflected light having a corresponding wavelength and photoelectrically converting the combined interference light, as disclosed, taught, or at least suggested by Johnson.
It would have been obvious to combine and modify the cited references to use wavelength-separated interferometric signals synchronized to known wavelength positions because doing so allows the interference measurements to be associated with corresponding wavelengths during the sweep (Johnson, Paragraphs 0035-0041 and 0044-0046; Figures 1-2).
Regarding Claim 4, Ishioka, as modified, describes the optical measurement device of claim 1 and circulating reference light corresponding to zero circulations (circulating reference light is formed corresponding to k=0, 1, 2, 3 ... N circulations, Ishioka, Paragraph 0045; Figure 2).
Ishioka does not specifically disclose wherein the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are correction reference light beams having different wavelengths obtained by dividing the circulating reference light and correction reflected light beams having different wavelengths obtained by dividing the measurement reflected light, by a measurement position correction signal obtained by converting light beams divided into a plurality of different wavelengths within a sweep range of circulating reference light that has circulated zero times from the circulating light path into electric signals, and each of the plurality of rough measurement signals is a signal obtained by combining the correction reference light and the correction reflected light having a corresponding wavelength and photoelectrically converting the combined interference light.
Johnson discloses, teaches, or at least suggests the missing limitation. Johnson describes separating different wavelength components and separately detecting the resulting interference signals (Johnson, Paragraphs 0044-0046; Figure 2). Johnson further describes generating a clock signal at predetermined optical-frequency positions throughout a wavelength sweep and using the signal to synchronize acquisition of the interference signals with the wavelength sweep (Johnson, Paragraphs 0035-0041; Figure 1).
As a result, a person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ishioka to include wherein the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are correction reference light beams having different wavelengths obtained by dividing the circulating reference light and correction reflected light beams having different wavelengths obtained by dividing the measurement reflected light, by a measurement position correction signal obtained by converting light beams divided into a plurality of different wavelengths within a sweep range of circulating reference light that has circulated zero times from the circulating light path into electric signals, and each of the plurality of rough measurement signals is a signal obtained by combining the correction reference light and the correction reflected light having a corresponding wavelength and photoelectrically converting the combined interference light, as disclosed, taught, or at least suggested by Johnson.
It would have been obvious to combine and modify the cited references to use the zero-circulation reference light to provide wavelength-position information for the interferometric signals because doing so allows the subsequent interference measurements to be associated with known positions within the wavelength sweep (Johnson, Paragraphs 0035-0041).
Regarding Claim 5, Ishioka, as modified, describes the optical measurement device of claim 1.
Ishioka does not specifically disclose wherein the swept light that is output from the wavelength sweeping light source and has a wavelength continuously changing with time is swept light that is laser light wavelength-swept to light in a plurality of wavelength regions by continuously changing a plurality of wavelength regions having different wavelength regions within a sweep range in a time-multiplexed manner, the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are correction reference light beams having different wavelengths caused by circulating reference light with respect to each of the light beams in the plurality of wavelength regions output from the wavelength sweeping light source and correction reflected light beams having different wavelengths caused by measurement reflected light with respect to each of the light beams in the plurality of wavelength regions, and each of the plurality of rough measurement signals is a signal obtained by combining the correction reference light and the correction reflected light having a corresponding wavelength and photoelectrically converting the combined interference light.
Johnson discloses, teaches, or at least suggests the missing limitation. Johnson describes first and second swept laser sources that sweep different wavelength regions in a time-multiplexed manner (Johnson, Paragraphs 0032-0034; Figures 6D-6E). Johnson further describes dividing the swept light between reference and sample paths, combining the returning reference and sample light to generate interference light, and photoelectrically converting the interference light into an electrical interference signal (Johnson, Paragraphs 0036-0041; Figure 1).
As a result, a person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ishioka to include wherein the swept light that is output from the wavelength sweeping light source and has a wavelength continuously changing with time is swept light that is laser light wavelength-swept to light in a plurality of wavelength regions by continuously changing a plurality of wavelength regions having different wavelength regions within a sweep range in a time-multiplexed manner, the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are correction reference light beams having different wavelengths caused by circulating reference light with respect to each of the light beams in the plurality of wavelength regions output from the wavelength sweeping light source and correction reflected light beams having different wavelengths caused by measurement reflected light with respect to each of the light beams in the plurality of wavelength regions, and each of the plurality of rough measurement signals is a signal obtained by combining the correction reference light and the correction reflected light having a corresponding wavelength and photoelectrically converting the combined interference light, as disclosed, taught, or at least suggested by Johnson.
It would have been obvious to combine and modify the cited references to sweep different wavelength regions in a time-multiplexed manner because doing so allows different wavelength bands to be measured using the same interferometric measurement system (Johnson, Paragraphs 0032-0041; Figures 1 and 6D-6E).
Regarding Claim 6, Ishioka, as modified, describes the optical measurement device of claim 1.
Ishioka further describes circulating reference light having orthogonal polarization states that experience different refractive indices and are used to determine the circulation order N (Ishioka, Paragraphs 0088-0092; Figure 12).
Ishioka does not specifically disclose wherein the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are correction reflected light and correction reference light separated into two polarized light beams orthogonal to the measurement reflected light and the circulating reference light, respectively, and each of the plurality of rough measurement signals is a signal obtained by combining the correction reference light and the correction reflected light having a corresponding wavelength and photoelectrically converting the combined interference light.
Johnson discloses, teaches, or at least suggests the missing limitation. Johnson describes first and second tunable optical signals having orthogonal polarizations and further describes separating interference signals according to polarization using polarization beam splitters and separately detecting the resulting interference signals (Johnson, Paragraphs 0044-0046 and 0074; Figures 2 and 6C).
As a result, a person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ishioka to include wherein the plurality of circulating number measurement light beams having different refractive index dependencies with respect to the light path are correction reflected light and correction reference light separated into two polarized light beams orthogonal to the measurement reflected light and the circulating reference light, respectively, and each of the plurality of rough measurement signals is a signal obtained by combining the correction reference light and the correction reflected light having a corresponding wavelength and photoelectrically converting the combined interference light, as disclosed, taught, or at least suggested by Johnson.
It would have been obvious to combine and modify the cited references to separate the interferometric signals according to orthogonal polarization because doing so allows interference signals having different polarization states to be separately detected and measured (Johnson, Paragraphs 0044-0046 and 0074; Figures 2 and 6C).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ishioka in view of Thurner, in further view of Johnson et al. U.S. P.G. Publication 2009/0284749A1 (hereinafter, Johnson '749).
Regarding Claim 7, Ishioka, as modified, describes the optical measurement device of claim 1.
Ishioka does not specifically disclose wherein a light path of the measurement output light, the reference output light, and a light path of the circulating reference light to the irradiation optical system are a common light path, and a light path of the measurement reflected light and a light path of the circulating reference light from the irradiation optical system are a common light path.
Johnson '749 discloses, teaches, or at least suggests the missing limitation. Johnson '749 describes a common-path swept-source optical measurement system in which measurement and reference light are provided through a common optical connection and the returning measurement and reference light are combined and returned through the common optical path for interference detection (Johnson '749, Paragraphs 0044 and 0080-0085; Figures 8A-10A).
As a result, a person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify Ishioka to include wherein a light path of the measurement output light, the reference output light, and a light path of the circulating reference light to the irradiation optical system are a common light path, and a light path of the measurement reflected light and a light path of the circulating reference light from the irradiation optical system are a common light path, as disclosed, taught, or at least suggested by Johnson '749.
It would have been obvious to combine and modify the cited references to provide the measurement and reference light along a common optical path because doing so allows the measurement and reference signals to travel through the same optical connection and return for interference detection (Johnson '749, Paragraphs 0044 and 0080-0085; Figures 8A-10A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J CROMER whose telephone number is (313)446-6563. The examiner can normally be reached M-F: ~ 8:15 A.M. - 6:00 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faris Almatrahi can be reached at (313) 446-4821. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J CROMER/Examiner, Art Unit 3667
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