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 .
Response to Amendment
Applicant previously filed claims 26-42. Claims 26 and 27 have been cancelled. Claim 28 has been amended. Accordingly, claims 28-42 are pending in the current application.
Response to Arguments
Applicant's arguments filed 07/06/2026 have been fully considered but they are not persuasive.
Applicant argues that Anazawa et al. fails to teach “a distance between the condensing lens and the image sensor in the X-axis direction is denoted by h, and a distance between the condensing lens and the aperture in the X-axis direction is denoted by x” in the formula “0.5<
x
h
<1”. However, examiner respectfully disagrees. In Paragraph 47 Anazawa et al. teaches “FIG. 1 is a schematic sectional view including an optical axis of an optical system for condensing light emitted from an emission point 1 using a condensing lens 2 and detecting with a sensor disposed at a position separated from the condensing lens by a certain distance. In the present invention” In Paragraph 48 it teaches “The diameter of the emission point 1 is defined as “d”, the focal length of the condensing lens 2 is defined as “f”, the effective diameter of the condensing lens 2 is defined as “D”, the diameter of a detection area of the sensor is defined as “D”, and the optical distance (optical path length) between the condensing lens 2 and the sensor is defined as “g”. When the distance between the emission point 1 is fs, that is, when the center of the emission point 1 is located at the focal position of the condensing lens 2, the light emitted from the center of the emission point 1 forms a parallel light beam 3 having a diameter D by the condensing lens 2, and travels in an optical axis direction. In the sensor located at a position separated from the condensing lens 2 by the optical path length g, the parallel light beam 3 forms a spot 4 having a diameter D. FIG. 1 illustrates the emission point 1 disposed at a lower side of the optical system as viewed in the optical axis direction and the spot 4 and a spot 5 (to be described below) disposed at an upper side thereof as viewed in the optical axis direction. On the other hand, the light emitted from a left end of the emission point 1 is converted into a parallel light beam 3′ having a diameter D by the condensing lens 2, and travels in a direction at an angle θ with the optical axis. In the sensor, the parallel light beam 3′ forms the spot 5 having a diameter D.” In Paragraph 49, Anazawa et al. teaches “The light-condensing efficiency of the light emitted from the center of the emission point 1 is proportional to 1/F.sup.2, where F denotes an F-number of the condensing lens 2. Since F=f/D, if D is constant, the smaller the focal length f becomes, the higher the light-condensing efficiency becomes. On the other hand, the spot 5 of the light emitted from the left end of the emission point 1 shifts to a right side from the detection area of the sensor. That is, the spot 4 is wholly detected, but the spot 5 is detected at a rate at which the spot 5 overlaps with the spot 4. As the overlapped portion becomes greater, the quantity of the condensed light to be detected over the entire area of the emission point increases. For this reason, it is preferable that the angle θ at which the parallel light beam 3′ propagates with respect to the optical axis becomes smaller. Since θ=tan.sup.−1(d/2/f), it is preferable that the focal length f is larger, if d is constant. As described above, in order to increase the detection-light quantity of the emission point 1, f should be made smaller from a certain viewpoint, while f should be made larger from an another viewpoint. Although there is a trade-off relation between these viewpoints, studies about the best range of f have not been done so far. Accordingly, conditions of the f and g for increasing the detection-light quantity of the emission point 1 will be clarified below.” In Paragraph 53, Anazawa eta l. teaches “The diameter of the emission point 1 is defined as “d”, the focal length of the condensing lens 2 is defined as “f”, the effective diameter of the condensing lens 2 is defined as “D”, the interval between the emission points 1 and the interval between the condensing lenses 2 is respectively defined as “p”, the diameter of the detection area of the sensor is defined as “D”, the optical distance (optical path length) between the condensing lens 2 and the sensor is defined as “g”, and the diameter of the emission point image 7 at the sensor position is defined as “d′”. When the distance between the emission point 1 and the condensing lens 2 is adjusted and the light emitted from the emission point 1 is just focused at the sensor position by the condensing lens 2, the diameter d′ of the emission point image 7 is minimized.” In Paragraph 51, Anazawa eta l. teaches “IG. 2 is a diagram illustrating the results of calculation of a relation between g and a relative detection-light quantity, by using f as a parameter in the configuration illustrated in FIG. 1. Here, the average effective diameter of the emission point 1 is set as d=0.05 mm. The effective diameter of the individual condensing lens 2 is set as D=0.5 mm. The relative detection-light quantity is calculated based on F-number of the lens, F=f/0.5. The emission point 1 having the effective diameter d=0.05 mm is composed of approximately 500 emission points having an infinitely small size and arranged at 0.1 μm intervals, and the relative detection-light quantity is calculated for each emission point having the infinitely small size, based on the same calculation of overlap area ratio of the spot 4 and the spot 5 of FIG. 1. The relative detection-light quantity of the emission point 1 is obtained by averaging the relative detection-light quantities of all the emission points having the infinitely small size. As a result, as illustrated in FIG. 2, it was firstly figured out that the smaller the f and the smaller the g, the greater the relative detection-light quantity. This indicates that effect of decreasing the f to increase of the relative detection-light quantity of the emission point having the infinitely small size and positioned at the center of the emission point 1 is greater than effect of increasing the f to increase of the overlap area ratio. Also, it indicates that effect of decreasing the g to increase of the overlap area ratio is large for any focal point f.” In Paragraph 56 Anazawa et al. teaches “Here, Equation (2) establishes an equal sign when the light emitted from the emission point 1 is just focused at the sensor position by the condensing lens 2, and establishes an inequality sign in other cases. FIG. 3 illustrates the emission points 1 disposed at a lower side of the optical systems as viewed in the optical axes direction and the emission point images 7 disposed at an upper side as viewed in the optical axes direction. The present invention functions satisfactorily when g≥2*f, that is, when m≥1. More preferably, a good condition is obtained when m≥5 or m≥10. This is because, as is apparent from FIG. 2, it is necessary to reduce the focal length “f” to the mm-level in order to improve the relative detection-light quantity, but is physically difficult to reduce the optical distance “g” so much. Here, Equation (2) establishes an equal sign when the light emitted from the emission point 1 is just focused at the sensor position by the condensing lens 2, and establishes an inequality sign in other cases. FIG. 3 illustrates the emission points 1 disposed at a lower side of the optical systems as viewed in the optical axes direction and the emission point images 7 disposed at an upper side as viewed in the optical axes direction. The present invention functions satisfactorily when g≥2*f, that is, when m≥1. More preferably, a good condition is obtained when m≥5 or m≥10. This is because, as is apparent from FIG. 2, it is necessary to reduce the focal length “f” to the mm-level in order to improve the relative detection-light quantity, but is physically difficult to reduce the optical distance “g” so much.” The teachings of Anazawa et al. above and throughout mention variables which represent a distance between the condensing lens and the image sensor in the X-axis direction, and a distance between the condensing lens and the aperture in the X-axis direction is denoted. Also the underlying relationship between them in the mathematical formula is inherent to the disclosure of the various variables.
In light of the above remarks, the claims are rejected as before.
Allowable Subject Matter
Claims 35-37 and 39-42 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.
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.
Claim(s) 28-34, and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anazawa et al. (US 20210190689 A1).
Regarding Claim 29, Anazawa et al. teaches an optical device, wherein, in a right-handed XYZ-orthogonal-coordinate system (Abstract),
a sample two-dimensionally distributed in parallel with the YZ-plane, a single condensing lens having an optical axis aligned with the X-axis, a dichroic-mirror array in which m dichroic mirrors are arrayed in parallel with each other in the Y-axis direction with m being an integer greater than or equal to 2, and an image sensor parallel with the YZ-plane are disposed along the X-axis positive direction in the above order (Paragraphs 11-16; Paragraphs 31-39; Paragraph 70; Paragraph 77; Paragraphs 79-92),
a light emitted from a measurement region on the sample and collected by the condensing lens is incident on the dichroic mirror array, and the incident light is split into m light beams having different wavelength components by the dichroic mirror array (Paragraph 25),
m split images of the measurement region having different wavelength components are formed on and measured by the image sensor (Paragraph 25; Paragraph 80),
an aperture of the dichroic-mirror array where the light first enter the dichroic-mirror array provided in an iris is located adjacent to a side of the dichroic-mirror array facing the condensing lens on the X-axis (Paragraphs 11-16; Paragraphs 24-25; Paragraphs 31-39; Paragraph 70; Paragraph 74; Paragraph 77; Paragraphs 79-92), and
when a distance between the condensing lens and the image sensor in the X-axis direction is denoted by h, and a distance between the condensing lens and the aperture in the X-axis direction is denoted by x,
[Mathematical formula 1]
0.5<
x
h
<1
is satisfied (Paragraphs 47-49; Paragraphs 53-57; Paragraphs 61-67; Paragraphs 74-75; Paragraphs 79-94).
Regarding Claim 30, Anazawa et al. teaches the optical device according to claim 29, wherein a lens does not exist between the dichroic-mirror array and the image sensor (Paragraphs 11-16; Paragraphs 31-39; Paragraph 70; Paragraph 77; Paragraphs 79-92).
Regarding Claim 31, Anazawa et al. the optical device according to claim 29, wherein, when an effective diameter of the condensing lens is denoted by D and a width of the aperture in the Y-axis direction is denoted by w,
[Mathematicalformula2] D>w
is satisfied (Paragraphs 11-16; Paragraphs 24-25; Paragraphs 31-39; Paragraphs 47-49; Paragraphs 51-57; Paragraphs 61-67; Paragraphs 74-75; Paragraphs 79-94).
Regarding Claim 32, Anazawa et al. the optical device according to claim 29, wherein, when an effective diameter of the condensing lens is denoted by D, a width of the aperture in the Y-axis direction is denoted by w, and an average of intervals between the m images is denoted by p,
PNG
media_image1.png
168
446
media_image1.png
Greyscale
is satisfied (Paragraphs 11-16; Paragraphs 24-25; Paragraphs 31-39; Paragraphs 47-49; Paragraphs 51-57; Paragraphs 61-67; Paragraphs 74-75; Paragraphs 79-94; Paragraphs 97-98).
Regarding Claim 33, Anazawa et al. the optical device according to claim 29, wherein, when an effective diameter of the condensing lens is denoted by D and a width of the aperture in the Y-axis direction is denoted by w,
[Mathematical Formula 4]
PNG
media_image2.png
142
334
media_image2.png
Greyscale
is satisfied (Paragraphs 11-16; Paragraphs 24-25; Paragraphs 31-39; Paragraphs 47-49; Paragraphs 53-57; Paragraphs 61-67; Paragraphs 74-75; Paragraphs 79-94; Paragraphs 97-98).
Regarding Claim 34, Anazawa et al. the optical device according to claim 29, wherein, when an effective diameter of the condensing lens is denoted by D, a width of the aperture in the Y-axis direction is denoted by w, and an average of intervals between the m images is denoted by p,
[Mathematical formula 5]
PNG
media_image3.png
122
314
media_image3.png
Greyscale
Is satisfied (Paragraphs 11-16; Paragraphs 24-25; Paragraphs 31-39; Paragraphs 47-49; Paragraphs 51-57; Paragraphs 61-67; Paragraphs 74-75; Paragraphs 79-94; Paragraphs 97-98).
Claim 28 has similar limitations as those of claims 29-31 and are rejected for the same reasons as used above.
Claim 38 has similar limitations as those of claim 29 and is rejected for the same reasons as above. Anazawa et al. further teaches a dichroic-mirror array in which m dichroic mirrors DA1, DA2, . . . , DAm are arrayed in parallel with each other in order from a negative direction to a positive direction of the Y-axis direction with m being an integer greater than or equal to 2, and n dichroic mirrors DB1, DB2, . . . , DBn are arrayed in parallel with each other in order from the positive direction to the negative direction of the Y-axis direction with n being an integer greater than or equal to 2 (Paragraphs 11-16; Paragraphs 24-25; Paragraphs 31-39; Paragraphs 47-49; Paragraphs 51-57; Paragraphs 61-67; Paragraphs 74-75; Paragraphs 79-94; Paragraphs 97-98; Paragraphs 149-157),
an image sensor parallel with the YZ-plane the sample, the dichroic-mirror array, and the image sensor are lined up along the X-axis positive direction in the above order, a light emitted from a measurement region on the sample and collected by the condensing lens is incident on the dichroic mirror array, and the incident light is split into (m+n−1) light beams having different wavelength components by the dichroic mirror array, (m+n−1) split images of the measurement region having different wavelength components are formed on and measured by the image sensor (Paragraphs 11-16; Paragraphs 24-25; Paragraphs 31-39; Paragraphs 47-49; Paragraphs 51-57; Paragraphs 61-67; Paragraphs 74-75; Paragraphs 79-94; Paragraphs 97-98; Paragraphs 149-157).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHAN MAHMUD whose telephone number is (571)272-7712. The examiner can normally be reached 10-7.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Ustaris can be reached at 5712727383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FARHAN MAHMUD/Primary Examiner, Art Unit 2483
Prosecution Insights