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 .
Claim Objections
Claims 1 and 5 are objected to because of the following informalities:
Claim 1, lines 9-10, “a reference light path to output output light for reference as reference light formed with the swept light from the wavelength-swept light source” should read “a reference light path to output light for reference as reference light formed with the swept light from the wavelength-swept light source.”
Claim 1, line 22, “using a correcting coefficient whose ratio of an under surface to a upper surface” should read “using a correcting coefficient whose ratio of an under surface to an upper surface.”
Claim 5, lines 9-10, “a reference light path to output output light for reference as reference light formed with the swept light from the wavelength-swept light source” should read “a reference light path to output light for reference as reference light formed with the swept light from the wavelength-swept light source.”
Claim 5, line 31, “using a correcting coefficient whose ratio of an under surface to a upper surface” should read “using a correcting coefficient whose ratio of an under surface to an upper surface.”
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 9-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to
an abstract idea without significantly more.
Regarding claim 9, the claim recites a “method for acquiring” data comprising: seven steps of “obtaining spectrum information” (data)… and “outputting” data. This is the judicial exception of a mathematical concept; more particularly, the claim drawn to the mathematical processing of data in order to obtain spectrum information. The broadest reasonable interpretation of the claimed invention is to obtain spectrum information and output data. As a result of that broadest reasonable interpretation, these limitations amount to a mental process that could be practically performed in the human mind. Such a process is considered an abstract idea in view of, for example, CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ 2d 1690, 1694 (Fed. Cir. 2011), as the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper' to be an abstract idea.
This judicial exception is not integrated into a practical application because direct application of a judicial exception in a meaningful way to the analysis. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because there are no positively recited steps are to how the data is measured; instead, the claim only requires obtaining and outputting data. Without any meaningfully claimed limitation as to how the data is measured, it is not possible for the claimed abstract idea to be integrated into a judicial exception.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for similar reasons as set forth above as to why the claim is not integrated into a practical application. There do not appear to be any additional limitations in the claim other than the abstract idea of obtaining data and outputting data. Since there are no additional limitations, it is not possible for the claim to include additional elements that are sufficient to amount to significantly more than the judicial exception.
Regarding claim 10, the claim recites a recording medium storing a program, the program causing a computer to execute: seven steps of “obtaining spectrum information” (data)… and “outputting” data. This is the judicial exception of a mathematical concept; more particularly, the claim drawn to the mathematical processing of data in order to obtain spectrum information. The broadest reasonable interpretation of the claimed invention is to obtain spectrum information and output data. As a result of that broadest reasonable interpretation, these limitations amount to a mental process that could be practically performed in the human mind. Such a process is considered an abstract idea in view of, for example, CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ 2d 1690, 1695 (Fed. Cir. 2011), as the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper' to be an abstract idea. Performing the method on a computer is not a patentable application of a principle. Bilski v. Kappos, 561 U.S. 593, 611, 95 USPQ2d 1001, 1010 (2010) MPEP 2106.
This judicial exception is not integrated into a practical application because direct application of a judicial exception in a meaningful way to the analysis. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because there are no positively recited steps are to how the data is measured; instead, the claim only requires obtaining and outputting data. Without any meaningfully claimed limitation as to how the data is measured, it is not possible for the claimed abstract idea to be integrated into a judicial exception.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for similar reasons as set forth above as to why the claim is not integrated into a practical application. There do not appear to be any additional limitations in the claim other than the abstract idea of obtaining data and outputting data. Since there are no additional limitations, it is not possible for the claim to include additional elements that are sufficient to amount to significantly more than the judicial exception.
Therefore, claims 9-10 are rejected as being directed to an abstract idea without significantly more.
Claim 10 is further rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a signal per se. it is suggested to amend the claim’s preamble to recite “non-transitory computer readable medium”.
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.
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, 5, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ohata (WO 2022018848 A1) in view of Takahiko et al. (JP 2020016650 A)(hereinafter, “Takahiko”).
Regarding claim 1, Ohata teaches an optical measuring device (100) comprising:
a wavelength-swept light source to output swept light whose wavelength continuously changes with time (discloses the sweep light output unit 21 outputs sweep light, frequency changes periodically, page 2, lines 102-106);
an irradiation optical system (23) to emit output light for measurement formed with the swept light from the wavelength-swept light source as measurement light in a space toward a measurement surface of a measurement target (“the irradiation optical system 23 is an optical system for guiding the irradiation light 112 branched by the branched portion 22 to the object 4”, page 2, lines 111-112), receive reflected light of the measurement light reflected by the measurement surface of the measurement target, and output the reflected light as reflected light for measurement (“the irradiation optical system 23 guides a reflected 113 wave (hereinafter referred to as “reflected light”), which is the irradiation light reflected by the object 4, to the 114 interference unit 24”, page 2, lines 112-114);
a reference light path to output light for reference as reference light formed with the swept light from the wavelength-swept light source (“the branching unit 22 branches the sweeping light… into a
109 reference light and an irradiation light, page 2, lines 108-116);
a measurement information acquirer (interference unit 24/ photoelectric unit 25/ A/D converter 26) to multiplex the reflected light for measurement from the irradiation optical system and the reference light from the reference light path, and output measurement information obtained by photoelectrically converting the multiplexed interfering light (discloses interference unit 24 causes the reflected light and the reference light to interfere with each other to generate interference light; the photoelectric conversion unit 25 receives the interference light, converts it into an analog electric signal, and the A/D conversion unit 26 converts the analog electric signal into a digital electric signal, page 3, lines 119-124); and
an information processor including: a spectrum acquirer to obtain spectrum information by performing Fourier transform on the measurement information from the measurement information acquirer (FIG. 5A is an example of the power spectrum of an electrical signal estimated using a general Fourier transform); a second spectrum information selector to obtain the spectrum information indicating a second peak value (S2) which is a different spectrum information from the spectrum information indicating a first peak value (S1) which is a highest peak value in the spectrum information obtained by the processor for the spectrum information (“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234); a distance information acquirer (130) to obtain as an additional information indicating the step at the measurement surface of the measurement target (4), a emitting position of the measurement light from the irradiation optical system (“the head drive unit 44 moves the head body unit 42 in a direction parallel to or orthogonal to the optical axis of the irradiation light”, page 3, lines 146-147), the difference between the first peak value and the second peak value indicated by the spectrum information selected by the second spectrum information selector indicating minimum (“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234); and an outputter (140) to output the additional information indicating a position of the step at the measurement surface of the measurement target obtained by the distance information acquirer (“the distance output unit 140 outputs distance information indicating the distance measured”, page 4, lines 190-191).
However, Ohata fails to disclose a denoising processor to compare a denoising threshold with a value of the spectrum information obtained by the spectrum acquirer and obtain the spectrum information from which a noise is removed; a second spectrum information corrector to obtain the spectrum information from which a variation value of a distance depending on a step of the measurement target using a correction coefficient whose ratio of an under surface to a upper surface forming the step having a height difference at an measurement surface of the measurement target, is larger than 1 is removed from the spectrum information obtained by the denoising processor.
Takahiko teaches a denoising processor to compare a denoising threshold with a value of the spectrum information obtained by the spectrum acquirer and obtain the spectrum information from which a noise is removed (“obtaining a trend of the spectral intensity of the interference light… creating spectral intensity correction data in which the influence of the trend is excluded or reduced”, “the spectral intensity correction data is obtained based on a ratio or a difference between the trend and the measured spectral intensity”, [0007-0008]); a second spectrum information corrector to obtain the spectrum information (discloses input output spectrum transformation, [0007]) from which a variation value of a distance depending on a step of the measurement target (discloses remove unwanted variation before FFT, [0007]) using a correction coefficient (uses mathematical correction factor, ratio/difference/coefficient, [0007]) whose ratio of an under surface to a upper surface forming the step ([0008]) having a height difference at an measurement surface of the measurement target, is larger than 1(discloses ratio based normalization, [0007]) is removed from the spectrum information obtained by the denoising processor(discloses correction applied after smoothing, [0020]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate denoising and corrected spectrum processing of Takahiko to Ohata to improve the spectral quality of the interference signal, and more accurate measurements([0003]).
Regarding claim 5, Ohata teaches an optical measuring device(100), comprising:
a wavelength-swept light source to output swept light whose wavelength continuously changes with time (discloses the sweep light output unit 21 outputs sweep light, frequency changes periodically, page 2, lines 102-106);
an irradiation optical system (23) to emit output light for measurement formed with the swept light from the wavelength-swept light source as measurement light in a space toward a measurement surface of a measurement target (“the irradiation optical system 23 is an optical system for guiding the irradiation light 112 branched by the branched portion 22 to the object 4”, page 2, lines 111-112), receive reflected light of the measurement light reflected by the measurement surface of the measurement target, and output the reflected light as reflected light for measurement (“the irradiation optical system 23 guides a reflected 113 wave (hereinafter referred to as “reflected light”), which is the irradiation light reflected by the object 4, to the 114 interference unit 24”, page 2, lines 112-114);
a reference light path to output light for reference as reference light formed with the swept light from the wavelength-swept light source (“the branching unit 22 branches the sweeping light… into a
109 reference light and an irradiation light, page 2, lines 108-116);
a measurement information acquirer (interference unit 24/ photoelectric unit 25/ A/D converter 26) to multiplex the reflected light for measurement from the irradiation optical system and the reference light from the reference light path, and output measurement information obtained by photoelectrically converting the multiplexed interfering light (discloses interference unit 24 causes the reflected light and the reference light to interfere with each other to generate interference light; the photoelectric conversion unit 25 receives the interference light, converts it into an analog electric signal, and the A/D conversion unit 26 converts the analog electric signal into a digital electric signal, page 3, lines 119-124); and
an information processor including: a spectrum acquirer to obtain spectrum information by performing Fourier transform on the measurement information from the measurement information acquirer (FIG. 5A is an example of the power spectrum of an electrical signal estimated using a general Fourier transform);
a first spectrum information selector to obtain spectrum information indicating a first peak value (S1) that is a highest peak value with respect to a value of the spectrum information(“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234);
a second spectrum information selector to obtain the spectrum information indicating a second peak value (S2) being a highest peak value with respect to a value of the spectrum information(“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234) ,
a distance information acquirer (130) to obtain as an additional information indicating the step position at the measurement surface of the measurement target(4), a emitting position of the measurement light from the irradiation optical system(“the head drive unit 44 moves the head body unit 42 in a direction parallel to or orthogonal to the optical axis of the irradiation light”, page 3, lines 146-147), the difference between the first peak value indicated by the spectrum information selected by the first spectrum information selector and the second peak value indicated by the spectrum information selected by the second spectrum information selector indicating minimum(“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234); and
an outputter (140) to output the additional information indicating a position of the step at the measurement surface of the measurement target obtained by the distance information acquirer(“the distance output unit 140 outputs distance information indicating the distance measured”, page 4, lines 190-191).
However, Ohata fails to disclose a denoising processor to obtain spectrum information from which noise has been eliminated, by comparing a value of the spectrum information obtained by the spectrum acquirer with a threshold for denoising; a first spectrum information corrector; a second spectrum information corrector to obtain the spectrum information from which a variation value of a distance depending on a step of the measurement target using a correcting coefficient whose ratio of an under surface to a upper surface forming the step having a height difference at an measurement surface of the measurement target, is larger than 1 is removed from the spectrum information obtained by the first spectrum information corrector; positioned at a under surface at the step of the measurement target obtained by the second spectrum information corrector;
Takahiko teaches a denoising processor a denoising processor to obtain spectrum information from which noise has been eliminated, by comparing a value of the spectrum information obtained by the spectrum acquirer with a threshold for denoising (“obtaining a trend of the spectral intensity of the interference light… creating spectral intensity correction data in which the influence of the trend is excluded or reduced”, “the spectral intensity correction data is obtained based on a ratio or a difference between the trend and the measured spectral intensity”, [0007-0008]); a first spectrum information corrector [0007]; a second spectrum information corrector to obtain the spectrum information (discloses input output spectrum transformation, [0007]) from which a variation value of a distance depending on a step of the measurement target (discloses remove unwanted variation before FFT, [0007]) using a correction coefficient (uses mathematical correction factor, ratio/difference/coefficient, [0007]) whose ratio of an under surface to an upper surface forming the step ([0008]) having a height difference at an measurement surface of the measurement target, is larger than 1(discloses ratio based normalization, [0007]) is removed from the spectrum information obtained by the denoising processor(discloses correction applied after smoothing, [0020]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate denoising and corrected spectrum processing of Takahiko to Ohata to improve the spectral quality of the interference signal, and more accurate measurements([0003]).
Regarding claim 9, Ohata teaches a method for acquiring edge position information in an optical measuring device (100) , the method comprising:
obtaining spectrum information by performing Fourier transform on measurement information (FIG. 5A is an example of the power spectrum of an electrical signal estimated using a general Fourier transform) obtained by performing photoelectric conversion on interfering light obtained by multiplexing reflected light for measurement and reference light (discloses interference unit 24 causes the reflected light and the reference light to interfere with each other to generate interference light, page 3, lines 119-124), the reflected light for measurement being formed with reflected light of measurement light reflected by a measurement surface of a measurement target(“the irradiation optical system 23 is an optical system for guiding the irradiation light 112 branched by the branched portion 22 to the object 4”, page 2, lines 111-112), the measurement light being formed with swept light whose wavelength continuously changes with time, the reference light being formed with the swept light(discloses the sweep light output unit 21 outputs sweep light, frequency changes periodically, page 2, lines 102-106);
obtaining spectrum information indicating a first peak value (S1) that is a highest peak value with respect to a value of the spectrum information obtained (“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234);
obtaining spectrum information indicating a second peak value (S2) that is a highest peak value with respect to a value of the spectrum information(“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234);
obtaining additional information indicating a position of the step on the measurement surface of the measurement target (4), the position indicated by the additional information being a position of emission of the measurement light from the irradiation optical system (“the head drive unit 44 moves the head body unit 42 in a direction parallel to or orthogonal to the optical axis of the irradiation light”, page 3, lines 146-147) at which a difference between the first peak value indicated by the spectrum information selected and the second peak value indicated by the spectrum information selected indicates a smallest value(“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234); and
outputting the additional information indicating the position of the step on the measurement surface of the measurement target, the additional information having been obtained (“the distance output unit 140 outputs distance information indicating the distance measured”, page 4, lines 190-191).
However, Ohata fails to disclose obtaining spectrum information from which noise has been eliminated, by comparing the spectrum information obtained with a threshold for denoising, and eliminating a value of the spectrum information lower than the threshold for denoising; obtaining spectrum information in which an amount of variation of a distance depending on an irradiation optical system using information related to a characteristics parameter indicating optical characteristics of the irradiation optical system has been eliminated from the spectrum information obtained; obtaining spectrum information in which an amount of variation of a distance depending on an upper surface and an under surface of a step on the measurement surface of the measurement target has been eliminated using a correction coefficient in which a ratio of the under surface to the upper surface of the step on the measurement surface of the measurement target is a value greater than 1, from the spectrum information obtained.
Takahiko teaches obtaining spectrum information from which noise has been eliminated, by comparing the spectrum information obtained with a threshold for denoising, and eliminating a value of the spectrum information lower than the threshold for denoising (“obtaining a trend of the spectral intensity of the interference light… creating spectral intensity correction data in which the influence of the trend is excluded or reduced”, “the spectral intensity correction data is obtained based on a ratio or a difference between the trend and the measured spectral intensity”, [0007-0008]); obtaining spectrum information in which an amount of variation of a distance depending on an irradiation optical system using information related to a characteristics parameter indicating optical characteristics of the irradiation optical system has been eliminated from the spectrum information obtained (discloses remove unwanted variation before FFT, [0007]); obtaining spectrum information in which an amount of variation of a distance depending on an upper surface and an under surface of a step on the measurement surface of the measurement target has been eliminated (discloses remove unwanted variation before FFT, [0007]) using a correction coefficient(uses mathematical correction factor, ratio/difference/coefficient, [0007]) in which a ratio of the under surface to the upper surface of the step on the measurement surface of the measurement target is a value greater than 1 (discloses ratio based normalization, [0007]), from the spectrum information obtained (discloses correction applied after smoothing, [0020]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate denoising and corrected spectrum processing of Takahiko to Ohata to improve the spectral quality of the interference signal, and more accurate measurements([0003]).
Regarding claim 10, Ohata teaches a recording medium storing a program for acquiring edge position information in an optical measuring device (100), the program causing a computer to execute:
obtaining Fourier transformed spectrum information by performing Fourier transform on measurement information (FIG. 5A is an example of the power spectrum of an electrical signal estimated using a general Fourier transform) obtained by performing photoelectric conversion on interfering light obtained by multiplexing reflected light for measurement and reference light(discloses interference unit 24 causes the reflected light and the reference light to interfere with each other to generate interference light, page 3, lines 119-124), the reflected light for measurement being formed with reflected light of measurement light reflected by a measurement surface of a measurement target(“the irradiation optical system 23 is an optical system for guiding the irradiation light 112 branched by the branched portion 22 to the object 4”, page 2, lines 111-112), the measurement light being formed with the swept light whose wavelength continuously changes with time, the reference light being formed with the swept light(discloses the sweep light output unit 21 outputs sweep light, frequency changes periodically, page 2, lines 102-106);
obtaining spectrum information indicating a first peak value (S1) that is a highest peak value with respect to a value of the spectrum information (“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234);
obtaining spectrum information indicating a second peak value (S2) that is a highest peak value with respect to a value of spectrum information located at the under surface of the step on the measurement target, in the spectrum information (“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234);
obtaining additional information indicating a position of the step on the measurement surface of the measurement target(4), the position of the step being a position of emission of the measurement light from the irradiation optical system (“the head drive unit 44 moves the head body unit 42 in a direction parallel to or orthogonal to the optical axis of the irradiation light”, page 3, lines 146-147), at which a difference between the first peak value indicated by the spectrum information indicating the first peak value and the second peak value indicated by the spectrum information indicating the second peak value indicates a smallest value (“estimate a power… frequency having the second highest intensity”, “it is possible to estimate … a frequency having the third highest intensity…third highest intensity”, page 4, lines 229-234); and
outputting the additional information indicating the position of the step on the measurement surface of the measurement target(“the distance output unit 140 outputs distance information indicating the distance measured”, page 4, lines 190-191).
However, Ohata fails to disclose obtaining spectrum information from which noise has been eliminated, by comparing the Fourier transformed spectrum information with a threshold for denoising, and eliminating a value of the spectrum information lower than the threshold for denoising from the Fourier transformed spectrum information; obtaining spectrum information after first correction by eliminating an amount of variation of a distance depending on an irradiation optical system using information related to a characteristics parameter indicating optical characteristics of the irradiation optical system, from the spectrum information from which noise has been eliminated; obtaining spectrum information after second correction in which an amount of variation of a distance depending on an upper surface and an under surface of a step on measurement surface of the measurement target has been eliminated from the spectrum information after the first correction, using a correction coefficient in which a ratio of the under surface to the upper surface of the step on the measurement surface of the measurement target is a value greater than 1.
Takahiko teaches obtaining spectrum information from which noise has been eliminated, by comparing the Fourier transformed spectrum information with a threshold for denoising, and eliminating a value of the spectrum information lower than the threshold for denoising from the Fourier transformed spectrum information(“obtaining a trend of the spectral intensity of the interference light… creating spectral intensity correction data in which the influence of the trend is excluded or reduced”, “the spectral intensity correction data is obtained based on a ratio or a difference between the trend and the measured spectral intensity”, [0007-0008]); obtaining spectrum information after first correction by eliminating an amount of variation of a distance depending on an irradiation optical system using information related to a characteristics parameter indicating optical characteristics of the irradiation optical system, from the spectrum information from which noise has been eliminated(discloses remove unwanted variation before FFT, [0007]); obtaining spectrum information after second correction in which an amount of variation of a distance depending on an upper surface and an under surface of a step on measurement surface of the measurement target has been eliminated (discloses remove unwanted variation before FFT, [0007]) from the spectrum information after the first correction(discloses correction applied after smoothing, [0020]), using a correction coefficient (uses mathematical correction factor, ratio/difference/coefficient, [0007]) in which a ratio of the under surface to the upper surface of the step on the measurement surface of the measurement target is a value greater than 1(discloses ratio based normalization, [0007]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate denoising and corrected spectrum processing of Takahiko to Ohata to improve the spectral quality of the interference signal, and more accurate measurements([0003]).
Claims 2-4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ohata (WO 2022018848 A1) in view of Takahiko et al. (JP 2020016650 A)(hereinafter, “Takahiko”), further in view of Yugo et al. (JP 2018173338 A)(hereinafter, “Yugo”).
Regarding claim 2, Ohata teaches an amount of light in the output light for measurement formed with the swept light from the wavelength-swept light source (21) as output light for measurement (discloses the sweep light output unit 21 outputs sweep light, frequency changes periodically, page 2, lines 102-106).
Ohata in view of Takahiko fail to disclose further comprising a light attenuator to output, to the irradiation optical system, having the amount of light reduced by a set attenuation level.
Yugo teaches further comprising a light attenuator to output (filter 12), to the irradiation optical system, having the amount of light reduced by a set attenuation level (teaches selecting and setting optical power, page 7, lines 19-23 and lines 50-54).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a light attenuator of Yugo to Ohata in view of Takahiko to improve measurement stability.
Regarding claim 3, Ohata teaches measurement information acquirer (interference unit 24/ photoelectric unit 25/ A/D converter 26).
Ohata in view of Takahiko fail to disclose wherein the set attenuation level is a value for determining reception power of reflected light received by the irradiation optical system to be lower than a light saturation threshold in the measurement information acquirer.
Yugo teaches wherein the set attenuation level (teaches a settable illumination level controlling measurement conditions, page 1, lines 55-59) is a value for determining reception power of reflected light (discloses reflected light intensity I2 and sensor output depending on incident light, page 1, lines 40-42 and page 3, lines 30-33) received by the irradiation optical system (15) to be lower than a light saturation threshold (discloses output saturation value of the sensor, page 8, lines 7-14 ).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a light attenuator of Yugo to Ohata in view of Takahiko to improve measurement stability.
Regarding claim 4, Ohata teaches the measurement information acquirer (interference unit 24/ photoelectric unit 25/ A/D converter 26) includes: an interferencer (24) to multiplex the reflected light for measurement from the irradiation optical system and the reference light from the reference light path; a photoelectric converter to photoelectrically convert interfering light multiplexed by the interferencer; and a digital converter to convert an analog signal from the photoelectric converter into a digital signal, and output the digital signal as measurement information (discloses interference unit 24 causes the reflected light and the reference light to interfere with each other to generate interference light; the photoelectric conversion unit 25 receives the interference light, converts it into an analog electric signal, and the A/D conversion unit 26 converts the analog electric signal into a digital electric signal, page 3, lines 119-124).
Ohata in view of Takahiko fail to disclose the set attenuation level is determined to be a value at which an amount of light in the reflected light for measurement from the irradiation optical system for obtaining the measurement information falls within a power range of the digital converter.
Yugo teaches the set attenuation level (teaches selecting and setting optical power, page 7, lines 19-23 and lines 50-54) is determined to be a value at which an amount of light in the reflected light for measurement (discloses reflected light intensity I2 and sensor output depending on incident light, page 1, lines 40-42 and page 3, lines 30-33) from the irradiation optical system (discloses beam splitter 13, two beam interference objective lens 14, figure 1) for obtaining the measurement information falls within a power range of the digital converter(discloses output saturation value of the sensor, page 8, lines 7-14 ).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a light attenuator of Yugo to Ohata in view of Takahiko to improve measurement stability.
Regarding claim 6, Ohata teaches an amount of light in the output light for measurement formed with the swept light from the wavelength-swept light source (21) as output light for measurement (discloses the sweep light output unit 21 outputs sweep light, frequency changes periodically, page 2, lines 102-106).
Ohata in view of Takahiko fail to disclose further comprising a light attenuator to output to the irradiation optical system as output light for measurement of an optical amount reduced by a set attenuation level.
Yugo teaches further comprising a light attenuator to output (filter 12), to the irradiation optical system as output light for measurement of an optical amount reduced by a set attenuation level (teaches selecting and setting optical power, page 7, lines 19-23 and lines 50-54).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a light attenuator of Yugo to Ohata in view of Takahiko to improve measurement stability.
Regarding claim 7, Ohata teaches measurement information acquirer (interference unit 24/ photoelectric unit 25/ A/D converter 26).
Ohata in view of Takahiko fail to disclose the set attenuation level is determined so that reception power of the reflected light received by the irradiation optical system to be below optical saturation threshold.
Yugo teaches wherein the set attenuation level (teaches a settable illumination level controlling measurement conditions, page 1, lines 55-59) is determined so that reception power of the reflected light (discloses reflected light intensity I2 and sensor output depending on incident light, page 1, lines 40-42 and page 3, lines 30-33) received by the irradiation optical system (15) to be below optical saturation threshold (discloses output saturation value of the sensor, page 8, lines 7-14 ).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a light attenuator of Yugo to Ohata in view of Takahiko to improve measurement stability.
Regarding claim 8, Ohata teaches the measurement information acquirer (interference unit 24/ photoelectric unit 25/ A/D converter 26) comprising: an interferencer (24) to multiplexing the reflected light for measurement from the irradiation optical system and the a reference light from the reference optical path; a photoelectric converter to photoelectrically convert interfering light multiplexed by the interferencer; and a digital converter to output as information for measurement analog-to-digital converted signal from the photoelectrically converter, (discloses interference unit 24 causes the reflected light and the reference light to interfere with each other to generate interference light; the photoelectric conversion unit 25 receives the interference light, converts it into an analog electric signal, and the A/D conversion unit 26 converts the analog electric signal into a digital electric signal, page 3, lines 119-124).
Ohata in view of Takahiko fail to disclose the set attenuation level is determined so that the optical amount of the reflected light for measurement from the irradiation optical system for obtaining the information for measurement is within a power range of the digital converter.
Yugo teaches the set attenuation level (teaches selecting and setting optical power, page 7, lines 19-23 and lines 50-54) so that the optical amount of the reflected light for measurement (discloses reflected light intensity I2 and sensor output depending on incident light, page 1, lines 40-42 and page 3, lines 30-33) from the irradiation optical system (discloses beam splitter 13, two beam interference objective lens 14, figure 1) for obtaining the information for measurement is within a power range of the digital converter (discloses output saturation value of the sensor, page 8, lines 7-14 ).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a light attenuator of Yugo to Ohata in view of Takahiko to improve measurement stability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Goto et al. (JP 6576594 B1) discloses the basic swept source OCT/interferometric measurement and distance measurement, and it could be combined with prior art of record to render independent claims obvious.
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/C.X./ Examiner, Art Unit 2877
/Kara E. Geisel/ Supervisory Patent Examiner, Art Unit 2877
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