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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 1-8, 10-18, and 20-27 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (2023/0408422) in view of Dsouza et al., “Fluorescent Dyes and Their Supramolecular Host/Guest Complexes with Macrocycles in Aqueous Solution” (cited by Applicant)
Regarding claim 1, Chen teaches an inspection system (100) comprising: an illumination source (102) configured to generate one or more illumination beams (104); a set of optical elements (110) configured to direct the illumination beam (104) to a surface of a substrate (106), wherein the substrate comprises a first substrate material (202), a photoluminescent material (212) configured to bind to the first substrate material (202) to enhance a feature of interest on the substrate (106) comprising: a photoluminescent compound comprising a fluorophore; one or more detectors (112) configured to detect photoluminescent emission (120) emitted by the photoluminescent material (212) bound to the first substrate material (202); the set of optical elements (122) configured to direct the photoluminescent emission (120) from the photoluminescent material to the first substrate material (106) to the detectors (112) (see paragraphs [0020]-[0051], [0059] and figures 1-2C, 4).
Chen lacks explicit teaching of a photoluminescent material of a substrate comprises an intermolecular blocking agent configured to hinder quenching of a fluorophore caused by intermolecular interaction with another fluorophore.
Dsouza teaches the incorporation of an intermolecular blocking agent used to inhibit quenching (increasing fluorescence intensity) in phosphorescent molecules (Dsouza, Table 2, entries where Ibound / Ifree > 1)
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to incorporate the intermolecular blocking agent of Dsouza into the inspection system of Chen in order to increase brightness and therefore detectability of the photoluminescent material.
Regarding claim 2, the combination of Chen and Dsouza further teaches the substrate comprises a second substrate material, wherein the first substrate material is different from the second substrate material, wherein the photoluminescent material is configured to bind selectively to the first substrate material. (Chen, [0046])
Regarding claim 3, the combination of Chen and Dsouza further teaches the intermolecular blocking agent comprises at least one of an intermolecular blocking compound or an intermolecular blocking moiety linked to the photoluminescent compound. (Dsouza, p. 7962, second column, under the heading “4. Macrocycle – Dye Interactions”)
Regarding claim 4, the combination of Chen and Dsouza further teaches the photoluminescent material comprises a caged intermolecular blocking compound, wherein the caged intermolecular blocking compound comprises at least one of a catenane, a rotaxane, a dendrimer, a nanocarrier, a coordination cage, a metal-organic framework, or a cyclodextrin. (Dsouza, at least p. 7952, second column, “3.1. Cyclodextrins”)
Regarding claim 5, the combination of Chen and Dsouza further teaches the photoluminescent material comprises a caged intermolecular blocking compound, wherein the caged intermolecular blocking compound comprises at least one of a catenane, a rotaxane, a dendrimer, a nanocarrier, a coordination cage, a metal-organic framework, or a cyclodextrin. (Dsouza, at least p. 7952, second column, “3.1. Cyclodextrins”)
Regarding claim 6, the combination of Chen and Dsouza further teaches the caged intermolecular blocking compound comprises cyclodextrin. (Dsouza, at least p. 7952, second column, “3.1. Cyclodextrins”)
Regarding claim 7, the combination of Chen and Dsouza further teaches the substrate comprises a semiconductor wafer. (Chen, [0034])
Regarding claim 8, the combination of Chen and Dsouza further teaches the photoluminescent compound comprises 4-(5-phenyloxazol-2-yl)phenylpropionic acid (DPOA). (Dsouza, p. 7949, first column, only paragraph)
Regarding claim 10, the combination of Chen and Dsouza further teaches the photoluminescent compound comprises at least one of 4-(5-phenyloxazol-2-yl)phenylpropionic acid (DPOA), 2,5- diphenyloxazole (PPO), p-terphenyl, carbostyril 124, pacific blue 3-carboxy-6,8-difluoro- 7-hydroxycoumarin, or a pentiptycene-based dye. (Dsouza, p. 7949, first column, only paragraph)
Regarding Claim 11, claim 11 differs from claim 1 in that it includes a patterned sample – the combination of Chen and Dsouza further teaches the patterned sample. (Chen, [0034] and figures 2A-2C: the sample (106) may include a patterned sample (106))
Regarding claims 12-18 and 20, claims 12-18 and 20 contain subject matter previously addressed in claims 2-8 and 10 above, and are rejected on the same grounds.
Regarding claims 21-27 claims 21-27 contain subject matter corresponding to claims 2, 3, 4,5, 6, 8, and 7 above, and are therefore rejected on the same grounds.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Dsouza and McKee (2017/0242002)
Regarding claims 9 and 19, the combination of Chen and Dsouza lacks explicit teaching of the photoluminescent material comprises a noncaging intermolecular blocking compound, wherein the noncaging intermolecular blocking compound comprises a surfactant.
McKee teaches incorporation of a surfactant into a fluorescent marker in order to inhibit quenching and thereby increase detectable fluorescence. (McKee, [0037], [0038])
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use a surfactant, as taught by McKee, as a quenching inhibitor to increase the detectable fluorescence in the combination of Chen and Dsouza.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN C GUNBERG whose telephone number is (571)270-3107. The examiner can normally be reached Monday-Friday, 8:30AM-5:00PM.
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/EDWIN C GUNBERG/ Primary Examiner, Art Unit 2884
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