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
The examiner acknowledges applicant’s claim for domestic benefit corresponding to the
U.S. provisional application 63/566,572 filed 18 March 2024.
Status of Claims
Claims 1-20 are pending in the application.
Claim Objections
Claims 1-10 are objected to because of the following informalities:
Regarding claim 1, line 12 recites the limitation “the scatter light” which should be amended to recite ‘the scattered light’. Claims 2-10 depend on claim 1 and are therefore also objected to.
Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11, 13-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zheng et al. (US 2022/0196557 A1), hereinafter Zheng.
Regarding claim 11, Zheng teaches a method for depth-resolving spectroscopy (abstract), comprising:
receiving a source beam generated by a laser source (paragraphs 0018, 0051);
generating a depth-spanning beam based on the source beam (paragraphs 0034-0037, 0051);
illuminating a sample volume with the depth-spanning beam to produce scattered light (paragraphs 0018, 0034-0037);
encoding depth information from the scattered light into a spatial optical pattern (paragraphs 0042-0043, the spatial optical pattern being the light pattern emitted by the SLM at various spatial locations) by passing the scattered light through an encoding subsystem that comprises a phase plate optic (paragraphs 0042-0044, Fig. 4 spatial light modulator 36 is a phase plate optic);
capturing, with a light detector (Fig. 4 light detector 30, paragraph 0044), the spatial optical pattern (paragraph 0044), wherein the spatial optical pattern contains depth-encoded information from multiple depths of the sample volume (paragraphs 0018-0020, 0035, 0042-0044, 0051).
Regarding claim 13, Zheng teaches the method of claim 11, as outlined above, and further teaches illuminating the sample volume comprises illuminating the sample volume from an en face position relative to the sample volume (paragraph 0051, Fig. 10; see also paragraph 0036).
Regarding claim 14, Zheng teaches the method of claim 11, as outlined above, and further teaches the encoding subsystem comprises a diffraction grating (Fig. 4 diffraction grating 38), and the method comprises passing the scattered light through the diffraction grating (paragraph 0044).
Regarding claim 15, Zheng teaches the method of claim 11, as outlined above, and further teaches performing at least one of:
directing the scattered light from the sample volume toward an off-axis collimator positioned along an optical pathway between the sample volume and the encoding subsystem, or
filtering the scattered light to reduce background signals and improve signal-to-noise ratio (paragraphs 0038, 0042, 0044; filtering scattered light to enhance the Raman signal collected by the detector reduces background signals and improves S/N ratios inherently).
Regarding claim 16, Zheng teaches the method of claim 11, as outlined above, and further teaches the scattered light comprises Raman scattered light (paragraph 0039);
the spatial optical pattern comprises Raman spectral information along with the depth information (paragraphs 0018, 0042-0044); and
the method further comprises analyzing the spatial optical pattern to identify chemical compositions of layers of the sample volume at different depths based on characteristic Raman spectral signatures of chemical compounds in the layers (paragraphs 0003, 0033, 0042-0044, 0051).
Regarding claim 17, Zheng teaches the method of claim 11, as outlined above, and further teaches generating, based on the captured spatial optical pattern, a depth-resolved image representing the depth-encoded information (paragraphs 0003, 0032, 0039-0044).
Regarding claim 18, Zheng teaches the method of claim 11, as outlined above, and further teaches capturing the spatial optical pattern comprises capturing the spatial optical pattern in a single acquisition without mechanical scanning (paragraphs 0043, 0045).
Regarding claim 20, Zheng teaches a device (abstract, Fig. 2) comprising:
at least one processor and instructions (Fig. 2 analyzer 32, paragraph 0040), wherein the instructions upon execution by the at least one processor cause the at least one processor to perform operations including:
receiving encoded optical data acquired by a two-dimensional light detector of a depth- resolving spectrometer (paragraphs 0038-0038), wherein the optical data contains both depth and spectral information (paragraphs 0042-0044) encoded by a combination of a diffraction grating and a depth coding optic (paragraphs 0042-0044, Fig. 4 diffraction grating 38 and spatial light modulator 36);
computationally decoding the encoded optical data to extract the depth information (paragraphs 0039-0040, 0044; this is the function of the analyzer 32 (Fig. 4) in order produce analytical data signals); and
generating a depth-resolved spectrum representing chemical composition as a function of depth within a sample volume (paragraphs 0018, 0032-0033, 0035, 0040, 0044, 0051).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2022/0196557 A1) in view of Liu et al. (US Patent No. 9,983,127 B2), hereinafter Liu.
Regarding claim 1, Zheng teaches a system for depth-resolving spectroscopy (Fig. 2-4 and 10, abstract), comprising:
an illumination subsystem (Fig. 4 light source 22); and
an encoding subsystem (Fig. 4 emitted light optics 28) comprising a diffraction grating (Fig. 4 diffraction grating 38) and a phase plate optic (Fig. 4 light selection device 36 which is an SLM, paragraph 0044), wherein:
the diffraction grating is positioned to receive scattered light produced upon interaction of the depth-spanning beam and the sample volume (see Fig. 4, paragraphs 0042-0044), and to encode spectral information of the scatter light by dispersing different wavelengths along a first dimension (paragraphs 0042-0044); and
the phase plate optic is positioned to receive the scattered light (see Fig. 4, paragraphs 0042-0044), encode depth information of the scattered light along a second dimension to produce a two-dimensional spatial optical pattern (paragraphs 0042-0044; the spatial optical pattern being the light pattern emitted by the SLM at various spatial locations), and direct the two-dimensional spatial optical pattern toward a light detector (Fig. 4 light detector 30; light from the SLM 36 is directed along an optical path towards detector 30) to enable generation of a depth-resolved image (paragraph 0044, Fig. 4 where detector 30 is a camera; see also paragraphs 0003 and 0032 describing the imaging).
Zheng teaches the phase plate optic is positioned to receive scattered light upon interaction of the depth-spanning beam and the sample volume and encode depth information of the scattered light, and the diffraction grating is positioned to receive spatially encoded light from the phase plate optic and encode spectral information of the scattered light (see Fig. 4). Zheng does not teach the diffraction grating is positioned to receive scattered light produced upon interaction of the depth-spanning beam and the sample volume, and to encode spectral information of the scatter light by dispersing different wavelengths along a first dimension, and the phase plate optic is positioned to receive the spectrally encoded scattered light, encode depth information of the scattered light along a second dimension to produce a two-dimensional spatial optical pattern, and direct the two-dimensional spatial optical pattern toward a light detector to enable generation of a depth-resolved image (emphasis added via bolded words, extra emphasis added via underlined words).
However, the signal detected by the light detector of Zheng contains the same information as a signal that is first encoded spectrally by dispersing different wavelengths of scattered light along a first direction by a diffraction grating and then depth encoded along a second dimension to produce a two-dimensional spatial optical pattern by a phase plate optic. A skilled artisan would have recognized that the ordering of the SLM and diffraction grating of Zheng could have been switched and the two-dimensional spatial optical pattern output to the light detector would substantially comprise the same information as the current ordering of the elements shown in Fig. 4.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify the encoding subsystem of Zheng by switching the ordering of the phase plate optic and the diffraction grating such that the diffraction grating is positioned to receive scattered light produced upon interaction of the depth-spanning beam and the sample volume, and to encode spectral information of the scatter light by dispersing different wavelengths along a first dimension, and the phase plate optic is positioned to receive the spectrally encoded scattered light, encode depth information of the scattered light along a second dimension to produce a two-dimensional spatial optical pattern, and direct the two-dimensional spatial optical pattern toward a light detector to enable generation of a depth-resolved image. Such a modification would beneficially enable different spatial configurations of the system to be achieved, enhancing the design flexibility of the system as a whole. Further, the courts have held that the mere rearrangement of parts in an apparatus is obvious so long as the rearrangement would not have modified the operation of the apparatus or produced a new, unexpected function or result. See MPEP § 2144.04 VI.C.
Yet remaining, Zheng does not teach the illumination subsystem comprising a pair of Axicon lenses and a conical mirror, wherein the pair of Axicon lenses are positioned to receive a source beam generated by a laser source and generate an annular beam directed toward the conical mirror; the conical mirror is positioned to receive the annular beam from the pair of Axicon lenses and produce a depth-spanning beam directed toward a sample volume.
Liu, which relates to depth resolved spectroscopy, teaches an illumination subsystem (Liu: Fig. 17B) comprising a pair of Axicon lenses (Liu: Fig. 17B axicons 1 and 2) and a conical mirror (Liu: Fig. 17B axicon 3 functions as a conical mirror, see col. 7 lines 6-34, col. 26 lines 13-19), wherein the pair of Axicon lenses are positioned to receive a source beam generated by a laser source (Liu: Fig. 17B, col. 7 lines 6-34, col. 9 lines 10-15, col. 26 lines 6-13) and generate an annular beam directed toward the conical mirror (Liu: col. 7 lines 6-34, col. 26 lines 6-16); the conical mirror is positioned to receive the annular beam from the pair of Axicon lenses (Liu: Fig. 17B, col. 7 lines 6-34, col. 26 lines 6-16) and produce a depth-spanning beam directed toward a sample volume (Liu: see Fig. 17B, col. 7 lines 6-34, col. 26 lines 13-19).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify the illumination subsystem of Zheng to comprise a pair of Axicon lenses and a conical mirror, wherein the pair of Axicon lenses are positioned to receive a source beam generated by a laser source and generate an annular beam directed toward the conical mirror; the conical mirror is positioned to receive the annular beam from the pair of Axicon lenses and produce a depth-spanning beam directed toward a sample volume, as taught by Liu, for the benefit of enhancing detection sensitivity throughout the layers of a sample (Liu: col. 27 lines 52-67).
Regarding claim 3, Zheng, as modified by Liu, teaches the system of claim 1, as outlined above, and further teaches the depth-spanning beam comprises a Bessel beam (Liu: col. 7 lines 6-34, col. 26 lines 13-19; the combination of elements used by Liu creates a Bessel beam; see also Zheng paragraph 0037).
Regarding claim 4, Zheng, as modified by Liu, teaches the system of claim 1, as outlined above, and further teaches the system is configured to detect Raman scattered light from the sample volume (Zheng: abstract, paragraphs 0018 and 0042-0044); the spatial optical pattern comprises Raman spectral information along with the depth information (Zheng: paragraphs 0018, 0042-0044); and the depth-resolved image comprises a depth-resolved Raman spectrum (Zheng: paragraphs 0018, 0042-0044).
Regarding claim 5, Zheng, as modified by Liu, teaches the system of claim 4, as outlined above, and further teaches a processor (Zheng: Fig. 2-4 analyzer 32, paragraph 0040) configured to analyze the spatial optical pattern to identify chemical compositions of layers of the sample volume at different depths based on characteristic Raman spectral signatures of chemical compounds in the layers (Zheng: paragraphs 0003-0004, 0018, 0032-0033, 0044).
Regarding claim 6, Zheng, as modified by Liu, teaches the system of claim 1, as outlined above, and further teaches the system is configured to perform depth-resolved Raman spectroscopy (Zheng: abstract, paragraphs 0018 and 0042-0044) from an en face position relative to the sample volume (Zheng: paragraph 0051, Fig. 10; see also paragraph 0036; see also Liu Fig. 17B).
Regarding claim 7, Zheng, as modified by Liu, teaches the system of claim 1, as outlined above, and further teaches the system is configured to capture the spatial optical pattern for generation of the depth-resolved image in a single acquisition without mechanical scanning (Zheng: paragraphs 0043, 0045).
Regarding claim 8, Zheng, as modified by Liu, teaches the system of claim 1, as outlined above, but does not teach an optical processing subsystem comprising at least one of: an off-axis collimator, a wavelength filter, or a spatial filter configured to reduce background signals and improve signal-to-noise ratio of the scattered light, wherein at least a portion of the optical processing subsystem is positioned along an optical pathway between the sample volume and the encoding subsystem.
However, Liu teaches an optical processing subsystem (Liu: Fig. 17B) comprising at least one of: an off-axis collimator, a wavelength filter, or a spatial filter (Liu: Fig. 17B long pass filter 1734) configured to reduce background signals and improve signal-to-noise ratio of the scattered light (this is the inherent function of the long pass filter of Liu), wherein at least a portion of the optical processing subsystem is positioned along an optical pathway between the sample volume and an encoding subsystem of Liu (Liu: Fig. 17B and 20 show the long pass filter positioned between tissue phantom 1732/2010 and an encoding subsystem (spectrometer with holographic grating as described in col. 26 lines 24-26)).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify the system of Zheng (as modified by Liu) to comprise an optical processing subsystem comprising at least one of: an off-axis collimator, a wavelength filter, or a spatial filter configured to reduce background signals and improve signal-to-noise ratio of the scattered light, wherein at least a portion of the optical processing subsystem is positioned along an optical pathway between the sample volume and the encoding subsystem, as taught by Liu, for the benefit of enhancing the signal to noise ratio of the Raman scattered light collected by the detector of Zheng (as modified by Liu).
Regarding claim 9, Zheng, as modified by Liu, teaches the system of claim 1, as outlined above, and further teaches a processor (Zheng: Fig. 2-4 analyzer 32, paragraph 0040) configured to computationally decode the encoded depth information based on the spatial optical pattern to generate the depth-resolved image (Zheng: paragraphs 0039-0040, 0044; this is the function of the analyzer 32 (Fig. 4) in order produce analytical data signals; see also paragraphs 0018, 0032-0033, 0035).
Regarding claim 10, Zheng, as modified by Liu, teaches the system of claim 1, as outlined above, and further teaches the light detector comprises at least one of a charge-coupled device (CCD), a complementary metal-oxide-semiconductor (CMOS) sensor, an avalanche photodiode array, or a scientific CMOS (sCMOS) sensor (Zheng: paragraph 0039).
Regarding claim 12, Zheng teaches the method of claim 11, as outlined above, but does not teach generating the depth-spanning beam comprises: creating an annular beam using a pair of Axicon lenses; and directing the annular beam through a conical mirror to generate a Bessel beam as the depth-spanning beam.
Liu, which relates to depth resolved spectroscopy, teaches generating a depth-spanning beam by creating an annular beam using a pair of Axicon lenses (Liu: col. 7 lines 6-34, col. 26 lines 6-13), and directing the annular beam through a conical mirror to generate a Bessel beam as the depth-spanning beam (Liu: col. 7 lines 6-34, col. 26 lines 13-19; the third axicon lens is equivalent to a conical mirror; the combination of elements used by Liu creates a Bessel beam).
Therefore, since Zheng also teaches using Bessel beams as depth-spanning beams, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify the method of Zheng to have generating the depth-spanning beam comprise creating an annular beam using a pair of Axicon lenses, and directing the annular beam through a conical mirror to generate a Bessel beam as the depth-spanning beam, as taught by Liu, for the benefit of enhancing detection sensitivity throughout the layers of a sample (Liu: col. 27 lines 52-67).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view Liu as applied to claim 1 above, and further in view of Cenko et al. (US 2012/0218558 A1), hereinafter Cenko.
Regarding claim 2, Zheng, as modified by Liu, teaches the system of claim 1, as outlined above, and further teaches the pair of Axicon lenses comprises a first Axicon lens having a first diameter and a second Axicon lens having a second diameter (see Liu: Fig. 17B axicons 1724a-b), the first Axicon lens is positioned coaxially with and facing the second Axicon lens along an optical axis of the source beam (see Liu Fig. 17B, col. 7 lines 18-20), with the first and second Axicon lenses having their cone tips oriented in opposite directions (see Liu: Fig. 17B, col. 7 lines 10-12), and the first Axicon lens is positioned closer to the laser source than the second Axicon lens (see Liu Fig. 17B wherein axicon 1 is positioned closer to fiber collimator 1722, which emits a laser beam, than axicon 2).
Zheng, as modified by Liu, does not teach the pair of Axicon lenses comprises a first Axicon lens having a first diameter and a second Axicon lens having a second diameter that is larger than the first diameter.
Cenko, which relates to depth resolved imaging using scattered light, teaches an illumination optical system comprising a pair of Axicon lenses (Cenko: Fig. 6 Axicon lenses 604, 606) comprising a first Axicon lens having a first diameter (Cenko: Fig. 6 Axicon lens 604, paragraph 0056) and a second Axicon lens having a second diameter that is larger than the first diameter the first Axicon lens (Cenko: Fig. 6 Axicon lens 606, paragraph 0056), the first Axicon lens is positioned coaxially with and facing the second Axicon lens along an optical axis of the source beam (see Cenko Fig. 6 input beam 602, Axicons 604 and 606), with the first and second Axicon lenses having their cone tips oriented in opposite directions (see Cenko Fig. 6), and the first Axicon lens is positioned closer to the light source than the second Axicon lens (see Cenko Fig. 6 in which Axicon 604 is positioned closer to input beam 602, input beam 602 emanating from some sort of light source (see source 102 in Fig. 1)).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify the second Axicon lens of Zheng (as modified by Liu) to have a second diameter that is larger than the first diameter of the first Axicon lens, as taught by Cenko, for the benefit of enhancing the depth-spanning capabilities of illumination optical system.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2022/0196557 A1) in view of Creasey et al. (US Patent No. 12,687,497 B2), hereinafter Creasey.
Regarding claim 19, Zheng teaches the method of claim 11, as outlined above, but does not teach monitoring chemical contaminants at a liquid interface based on the spatial optical pattern.
Creasey, which relates to Raman spectroscopic imaging, teaches monitoring chemical contaminants at a liquid interface based on the Raman signal collected (see Creasey abstract, Fig. 1A, col. 3 lines 6-38, col. 5 lines 16-54).
Since Zheng monitors samples based on a spatial optical pattern, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the instant application to modify the method of Zheng to monitor chemical contaminants at a liquid interface based on the spatial optical pattern, as taught Creasey, for the purposes of enhancing the imaging flexibility of the method of Zheng by enabling imaging of different materials.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Parker (US 2017/0003226 A1) relates to a Raman spectroscopy scanner that can be arranged to probe various depth profiles of a sample.
Evans et al. (US 2009/0059360 A1) relates to a fluorescence microscope comprising a phase plate that emits light to a diffraction grating that spectrally disperses light onto a light detector.
Wang et al. (US Patent No. 11,561,134 B2) relates to a spectral photography system in which light emitted from a sample is incident on a digital micromirror device which then reflects light to a diffraction grating and camera.
Fujita (US Patent No. 11,002,601 B2) relates to a Raman spectroscopic microscope in which light from a sample is received by an optical system comprising a phase plate that emits light towards a diffraction grating.
Hillman (US Patent No. 11,036,037 B2) relates to an optical microscope that collects light from a sample and reflects light into an image conditioning module that can comprise a phase modulating element and gratings that image light onto a linear detector.
Knuttel (US Patent No. 5,565,986) relates to a Raman spectroscopic imaging system comprising a light collection system comprising a diffraction grating for dispersion, phase mask, and diffraction grating for reversing the dispersion caused by the first grating.
Gao et al. (CN 107356581 A) relates to a Raman spectrometer comprising an Axicon for emitting light onto a sample, a light modulation system that modulates and emits light to a diffraction grating, and a light detector for generating depth resolved signals.
KÖRNER et al. (EP 3430362 B1) relates to a depth-resolved Raman spectroscopy system that encodes light.
Liu et al. (WO 2018/182526 A1) relates to a depth resolved microscope comprising a pair of Axicon lenses that focus light onto a sample.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH J HANEY whose telephone number is (571)270-1282. The examiner can normally be reached Monday-Friday 9am-6pm eastern time.
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/NOAH J. HANEY/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
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