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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/17/2025. The submission is following the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15, 16, 18, 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Matthias et al., (DE 102022134547).
Regarding claim 15, Matthias et al., disclose a system comprising:
a plurality of lenses (180, 190, 380, see Figs.3-5) for focusing emitted mid-infrared light (112, [0102], “primary beam 112 in particular comprises a broad and primary spectrum in the mid-infrared range”) at a sample plane (the plane of the sample 400) and collecting received mid-infrared light at an image plane (the plane of the detector 150), wherein the plurality of lenses (180, 190, 380) are configured to refractively interact with the emitted mid-infrared light and the received mid-infrared light (see Figs. 3-5 and [0123], the refractive lenses can be transparent from wavelengths of 200 nm UV-C up to the mid-infrared 5000 nm), the plurality of lenses (180, 190, 380) comprising:
a refractive scan lens (380), wherein the refractive scan lens (380) is configured to focus the emitted mid-infrared light across the sample plane (see Fig.5, “ a movable scanning head with a reshaping optic 380 between the scanning head and the sample 400” and [0129], “the scanning head 300 can image parallel incident light rays in the form of, for example, laser light onto a converging lens, in particular a telecentric F-theta lens or scan lens, between scanning head 300 and sample 400”) and wherein the refractive scan lens (380) is configured to be adjusted by a beam steering device (300), wherein the plurality of lenses (180, 190, 380) are arranged along an optical axis (see Fig.3, the lenses 180, 190, 380 are arranged along the optical beam axis to/from the scanning head 300).
Regarding claim 18, Matthias et al., disclose (Figs.1-5) a method for laser scanning microscopy comprising: causing a light source (100) to emit mid-infrared light ( [0102], “The primary radiation source system 100 has a primary radiation source 110…the mid-infrared range”) via a refractive scan lens (380, see Fig.5, “ a movable scanning head with a reshaping optic 380 between the scanning head and the sample 400” and [0129], “… laser light onto a converging lens, in particular a telecentric F-theta lens or scan lens, between scanning head 300 and sample 400”) so as to illuminate a portion of a sample plane (400, see fig.5), wherein the refractive scan lens (380) is configured to focus the emitted mid-infrared light across the sample plane (see [0129], Figs. 3 and 5, passing the mid-infrared laser light through the telecentric F-theta lens or scan lens 380, between scanning head 300 and sample 400); receiving, via a detector (150, Fig.3), information indicative of the illuminated portion of the sample plane (see Fig. 3, the detector 150 receives the returning radiation from sample 400); and generating, based on the received information, a digital image of the sample plane (Figs. 1-3 and [0086], “for calculating a primary image, in particular an infrared spectroscopic image, using information from the reflected primary beam received by the primary detector 150”, and the “for calculating a primary image” inherently results in a digital image).
Regarding claims 16 and 19, Matthias et al., as discussed in claims 15 and 18, disclose the mid-infrared light comprising wavelengths between 2 micrometers and 12 micrometers ([0008], “The primary radiation source system comprises at least one primary radiation source … in a wavelength range from 2000 nm to 20 µm”).
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.
Claims 1, 2, 7, 12, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., (US 2017/0299440 A1) in view of Matthias et al., (DE 102022134547).
Regarding claim 1, Chang et al., disclose (Fig.1) a system comprising: a plurality of lenses (112, 113, 114) for focusing emitted light at a sample plane (see Fig.1 and [0035], light is focused onto sample 115) and collecting received light at an image plane (the image detector plane, see Fig.1 and [0038], “The detector 120 may detect a signal of interest reflected from a region of interest of the sample 115 from the reflection signal”)
, wherein the plurality of lenses (112, 113, 114) are configured to refractively interact with the emitted light and the received light (see Fig. 1, a scan lens 112, a tube lens 113, and an object lens 114 are refractive lenses interact with emitted and collected light; and [0035], “a light source 160 may output a signal to monitor the sample 115. The output signal may be radiated to the sample 115 through a galvanometer scanner 111, a scan lens 112, a tube lens 113, and an object lens 114. The signal radiated to the sample 115 may be reflected by the sample 115”), the plurality of lenses comprising: a refractive scan lens (112), wherein the refractive scan lens (112) is configured to focus the emitted light at an intermediate image plane (see Fig.1)and wherein the refractive scan lens (112) is configured to be adjusted by a beam steering device (111);
a refractive objective lens (114), wherein the refractive objective lens (114) is configured to focus the emitted light at the sample plane (the sample plane, see Fig.1, [0035], an objective lens 114 is disposed between scan lens 112 and the objective lens 114 along the light path to focus the optical signal onto the sample 115) and
a refractive tube lens (113), wherein the refractive tube lens (113) is configured to direct the emitted light to the refractive objective lens (114) and wherein the refractive tube lens (113) is configured to focus the received light at the intermediate image plane (Fig. 1, and [0035], A tube lens 113 receives light from the scan lens 112, direct it to the objective lens 114, and focuses/relays reflected signals back to the detector 120), wherein at least two of the plurality of lenses (112, 113, 114) are arranged along an optical axis (see Fig.1, the lenses are arranged along the main optical path).
Although Chang et al., disclose a mid-infrared radiation operating spectrum ([0003]), Chang et al., do not explicitly disclose the light source operating in the mid-infrared wavelength as claimed. Matthias et al., disclose (Figs.1-3) a system comprising a light source (100) to emit mid-infrared light ( [0102], “The primary radiation source system 100 has a primary radiation source 110… the mid-infrared range”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang et al., by utilizing the teaching of Matthias et al., to achieve efficient transmission and collection of mid-infrared wavelength, thereby reducing signal loss and maintaining beam quality.
Regarding claim 2, Chang et al., in view of Matthias et al, as discussed in claim 1, Chang et al., do not disclose the emitted mid-infrared light comprising wavelengths between 2 micrometers and 12 micrometers as claimed. Matthias et al., disclose the emitted mid-infrared light comprising wavelengths between 2 micrometers and 12 micrometers ([0008], “The primary radiation source system comprises at least one primary radiation source … in a wavelength range from 2000 nm to 20 µm”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang et al., by utilizing the teaching of Matthias et al., to achieve efficient transmission and collection of mid-infrared wavelength, thereby reducing signal loss and maintaining beam quality.
Regarding claim 7, Chang et al., in view of Matthias et al., as discussed in claim 1, Chang et al., discloses (Fig. 1) the refractive objective lens (114) being infinity-corrected (Fig.1, The light output by the tube lens 113 is collected by the object lens 114 which brings the light to a focus on the sample 115. This inherent requires the objective lens 114 to be an infinity-corrected object lens).
Regarding claim 12, Chang et al., in view of Matthias et al., as discussed in claim 1, Chang et al., discloses a light source, but Chang et al., do not disclose the light source configured to emit the emitted mid-infrared light along the optical axis toward the sample plane; and a detector, wherein the detector is disposed at the image plane, and configured to convert the received mid-infrared light into an electrical signal as claimed. Matthias et al., disclose (Fig. 3) a light source (110) configured to emit the emitted mid-infrared light along the optical axis toward the sample plane (the sample plane containing the sample 130); and a detector (150), wherein the detector is disposed at the image plane (the detector is positioned at an optical image plane pair to the sample plane 130, Fig.3), and configured to convert the received mid-infrared light into an electrical signal (Figs. 1-3 and [0086], “for calculating a primary image, in particular an infrared spectroscopic image, using information from the reflected primary beam received by the primary detector 150”, showing the detector receives a beam to calculate image, inherently converting light into an electrical signal. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang et al., in view of Matthias et al., to achieve efficient transmission and collection of mid-infrared wavelength, thereby reducing signal loss and maintaining beam quality.
Regarding claim 14, Chang et al., in view of Matthias et al., as discussed in claim 12, Chang et al., do not disclose the controller as claimed. Matthias et al., also discloses a controller having at least one processor and a memory, wherein the memory is operable to store program instructions that are executable by the at least one processor to carry out operations (inherently comprising a processor and memory to coordinate operation), the operations comprising: causing the light source (110, Fig.3) to emit the emitted mid-infrared light toward the sample plane (sample plane 130); receiving, via the detector (150), information indicative of an illuminated portion of the sample plane (see Fig. 3, the detector 150 receives the returning radiation from sample 40); and generating, based on the received information, a digital image of the sample plane (Figs. 1-3 and [0086], “for calculating a primary image, in particular an infrared spectroscopic image, using information from the reflected primary beam received by the primary detector 150”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang et al., in view of Matthias et al., to achieve efficient transmission and collection of mid-infrared wavelength, thereby reducing signal loss and maintaining beam quality.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., in view of Matthias et al., and further in view of Kim (US 2004/0189961 A1).
Regarding claim 3, Chang et al., in view of Matthias et al., as discussed in claim 1, do not disclose the refractive scan lens comprising a first scan lens element, wherein the first scan lens element comprises an aspheric surface; and a second scan lens element, wherein the second scan lens element comprises an aspheric surface as claimed. Kim discloses the refractive scan lens (30, Fig.2) comprising a first scan lens element (31), wherein the first scan lens element comprises an aspheric surface (see Fig.2); and a second scan lens element (32), wherein the second scan lens element comprises an aspheric surface (see Fig.2). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang et al., in view of Matthias et al., by utilizing the teaching of Kim, to provide a strong refractive power in a sub-scanning direction (Kim, [0010]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., in view of Matthias et al. in view of Kim, and further in view of Rowlette (US 2016/0018628 A1).
Regarding claim 4, Chang et al., in view of Matthias et al and Kim, as discussed in claim 3, do not disclose materials such as barium fluoride (BaF2) and zinc sulfide (ZnS) as claimed. Rowlette discloses the lens materials can be selected from zinc sulfide (“ZnS”) and Barium fluoride (“BaF2”) ([0061]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed system of Chang et al., in view of Matthias et al., and Kim, by utilizing the teaching of Rowlette, for better light transmission.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., in view of Matthias et al., and further in view of Seward (US 9,235,038 B1).
Regarding claim 5, Chang et al., in view of Matthias et al, as discussed in claim 1, do not disclose the refractive tube lens comprising: a first tube lens element, wherein the first tube lens element comprises an aspheric surface; and a second tube lens element, wherein the second tube lens element comprises an aspheric surface as claimed. Seward discloses a refractive tube lens (TL, Fig.5) comprising: a first tube lens element (10), wherein the first tube lens element comprises an aspheric surface (see Fig.5); and a second tube lens element (20), wherein the second tube lens element comprises an aspheric surface (see Fig.5). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang et al., in view of Matthias et al, by utilizing the teaching of Seward, to minimize performance degradation due to long beam relay.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., in view of Matthias et al., in view of Seward, and further in view of Rowlette (US 2016/0018628 A1).
Regarding claim 6, , Chang et al., in view of Matthias et al., and Seward, as discussed in claim 5, do not disclose materials such as barium fluoride (BaF2) and zinc sulfide (ZnS) as claimed. Rowlette discloses lens materials can be selected from zinc sulfide (“ZnS”) and Barium fluoride (“BaF2”) ([0061]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed system of Chang et al., in view of Matthias et al., and Seward, by utilizing the teaching of Rowlette, for better light transmission.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., in view of Matthias et al, and further in view of Monpeurt et al., (US 2026/0191414 A1).
Regarding claim 13, Chang et al., in view of Matthias et al., as discussed in claim 12, do not disclose the light source comprising an external cavity (EC) quantum cascade laser (QCL) array as claimed. Monpeurt et al., disclose light source comprising an external cavity (EC) quantum cascade laser (QCL) array ([0122]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chang et al., in view of Matthias et al., by utilizing the teaching of Monpeurt et al., to allow better control the laser’s output .
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Matthias et al., in view of Kim (US 2004/0189961 A1).
Regarding claim 17, Matthias et al., as discussed in claim 15, do not disclose the refractive scan lens comprising a first scan lens element, wherein the first scan lens element comprises an aspheric surface; and a second scan lens element, wherein the second scan lens element comprises an aspheric surface as claimed. Kim discloses the refractive scan lens (30, Fig.2) comprising a first scan lens element (31), wherein the first scan lens element comprises an aspheric surface (see Fig.2); and a second scan lens element (32), wherein the second scan lens element comprises an aspheric surface (see Fig.2). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Matthias et al., by utilizing the teaching of Kim, to provide a strong refractive power in a sub-scanning direction (Kim, [0010]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Matthias et al., (DE 102022134547) in view of Kuno et al., (6,057,952).
Regarding claim 20, Matthias et al., as discussed in claim 18, disclose the light source is configured to emit the mid- infrared light ([0102]), but do not disclose a confocal pinhole so as to reject out-of-focus mid-infrared light as claimed. Kuno et al., disclose a confocal pinhole so as to reject out-of-focus (see Fig.8, the light from light source 112 passes through the confocal pinhole 324 toward object surface 132). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed system of Matthias et al., by adding the confocal pinhole, as taught by Kuno et al., to better reduce/prevent unwanted out of focus before reaching sample.
Allowable Subject Matter
5. Claims 8-11 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 claims 8, the prior art fails to disclose the refractive objective lens comprising a first objective lens element, wherein the first objective lens element comprises an aspheric surface and comprises zinc sulfide (ZnS); a second objective lens element, wherein the second objective lens element comprises an aspheric surface and comprises barium fluoride (BaF2); and a third objective lens element, wherein the third objective lens element comprises zinc sulfide (ZnS).
Claim 9 depends on claim 8.
Regarding claims 10, the prior art fails to disclose the refractive objective lens comprising a first objective lens element, wherein the first objective lens element comprises an aspheric surface and comprises zinc selenide (ZnSe); a second objective lens element, wherein the second objective lens element comprises an aspheric surface and comprises zinc sulfide (ZnS); a third objective lens element, wherein the third objective lens element comprises barium fluoride (BaF2); and a fourth objective lens element, wherein the fourth objective lens element comprises zinc selenide (ZnSe).
Claim 11 depends on claim 10.
Conclusion
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/M.T.T./Examiner, Art Unit 2878
/THANH LUU/Primary Examiner, Art Unit 2878
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