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 Rejections - 35 USC § 102
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 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) 16-20, 24-25, 27-28, and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7605976 B1 (Wolleschensky; Ralf et al.)
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Per claim 16, Wolleschensky teaches an illumination configuration module [figures 4-5] comprising: a polarizing element configured to separate radiation incident thereon into at first polarized component having a first polarization state and a second polarized component having a second polarization state [a polarizing element (polarizing beam splitter P) for separating radiation incident thereon into at first polarized component having a first polarization state and a second polarized component having a second polarization state (see figures 4aand 4b, wherein the polarizing beam splitter P splits the light entering the arrangement through the coupling port KP1 into perpendicular polarization components indicated by arrows and dots);
a dispersion element arranged to receive and spectrally disperse a beam of input broadband illumination or each of the first polarized component and second polarized component, the polarizing element and the dispersion element together being arranged to separate the beam of input broadband illumination into at least first dispersed illumination comprising the first polarization state and second dispersed illumination comprising the second polarization state [dispersive element D, see column 6: 17-19, wherein the device is configured to change the illumination light and/or specimen light with respect to its spectral composition, implicitly disclosing an illumination light comprising multiple wavelengths) or each of said first polarized component and second polarized component (see figures 4 and 5, dispersive element D, which deviates the first and second perpendicular polarization components according to their wavelengths; and see figures 4 and 5, splits the light entering the arrangement through the coupling port KP1 into perpendicular polarization components indicated by arrows and dots. The two separated polarization components are directed to the dispersive element D, which deviates those components according to their wavelengths];
at least one spatial light modulation device operable to individually modulate each of the first dispersed illumination and second dispersed illumination to obtain first spectrally configured illumination and second spectrally configured illumination [SLM: S/M1]; and
output optics operable to combine the first spectrally configured illumination and second spectrally configured illumination into an output illumination beam [see figures 4 and 5, wherein the lens L in combination with the dispersive element D and the polarizing beam splitter P combine the different polarization components that have been dispersed in different spectral components into a single output beam that exits the arrangement through the polarizing beam splitter P].
Per claim 17, Wolleschensky teaches the illumination configuration module of claim 16, wherein the polarizing element comprises at least one of a polarizing beam splitter and a birefringent element [see figures 4, 5 and column 7, line 30, wherein the polarizing element is a polarizing beam splitter and see column 7, line 43: “The SLM can comprise actively controlled liquid crystal cells”].
Per claim 18, Wolleschensky teaches the illumination configuration module of claim 16, wherein the dispersion element comprises a prism or a grating [see figure 5, prism D].
Per claim 19, Wolleschensky the illumination configuration module of claim 16, wherein the polarizing element and dispersing element are separate elements [see figures 4-5].
Per claim 20, Wolleschensky teaches the illumination configuration module of claim 19, wherein the dispersing element is disposed between the polarizing element and the at least one spatial light modulation device, such that the polarizing element separates the beam of input broadband illumination into the first polarized component and the second polarized component, and the dispersing element disperses each of the first polarized component and the second polarized component to obtain the first dispersed illumination and second dispersed illumination [figures 4 and 5, wherein the dispersing element D is located between the polarizing beam splitter P and the SLM. The polarizing element P separates the input beam comprising different wavelength components into perpendicular polarization components, and the dispersing element D disperses each of the polarization components].
Per claim 24, Wolleschensky teaches the illumination configuration module of claim 16, comprising only a single dispersion element [see figure 4].
Per claim 25, Wolleschensky teaches the illumination configuration module of claim 16, comprising only a single polarizing element [see figure 4].
Per claim 27, Wolleschensky teaches the illumination configuration module of claim 16, wherein the first polarization state and second polarization state comprise mutually orthogonal polarization states [see S and P polarized states].
Per claim 28, Wolleschensky teaches the illumination configuration module of claim 16, wherein the at least one spatial light modulation device comprises at least one grating light valve device [a state of the art document, wherein the SLM employed for the manipulation of the spectral components of each polarization is a liquid crystal based SLM of the company Jenoptik comprising 640 controllable strips. Grating light valves].
Per claim 30, Wolleschensky teaches the metrology device comprising an illumination configuration module of claim 16, operable to use the output illumination beam as measurement illumination for a measurement [see the background of the invention].
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.
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.
Claim(s) 21-23, 26, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 7605976 B1 (Wolleschensky; Ralf et al.)
Per claim 21, Wolleschenchy teaches the illumination configuration module of claim 19, but does not explicitly teach the polarizing element is disposed between the dispersing element and the at least one spatial light modulation device, such that the dispersing element disperses the beam of input broadband illumination and the polarizing element separates the dispersed beam of input broadband illumination into the first dispersed illumination and second dispersed illumination.
However, official notice is taken that it would have been a matter of routine skill in the art to incorporate the polarizing element disposed between the dispersing element and the at least one spatial light modulation device, such that the dispersing element disperses the beam of input broadband illumination and the polarizing element separates the dispersed beam of input broadband illumination into the first dispersed illumination and second dispersed illumination. Simplified manufacturing would have been the expected benefit. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claim 22-23, Wolleschensky teaches the illumination configuration module of claim 16, but lacks the polarizing element directly mounted onto the face of the dispersion element and wherein the polarizing element and dispersing element are implemented as a single dispersing and polarizing element, and wherein the single dispersing and polarizing element comprises a dual-polarization dispersive prism. However, official notice is taken that it would have been a matter of routine skill in the art to the polarizing element is directly mounted onto a face of the dispersion element and wherein the polarizing element and dispersing element are implemented as a single dispersing and polarizing element, and wherein the single dispersing and polarizing element comprises a dual-polarization dispersive prism. Simplified manufacturing would have been the expected benefit. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claim 26, Wolleschensky teaches the illumination configuration module of claim 16, but lacks an input wave plate operable to transform linearly polarized input broadband illumination into circularly polarized broadband illumination. However, official notice is taken that it would have been a matter of routine skill in the art to incorporate an input wave plate operable to transform linearly polarized input broadband illumination into circularly polarized broadband illumination. Improved optical efficiency would have been the expected benefit. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claim 29, Wolleschensky teaches an illumination configuration module of claim 28, but lacks the at least one grating light valve device comprises at one of: an active area operable to modulate the first dispersed illumination and the second dispersed illumination on different respective regions of the active area, a dual-ribbon grating light valve device comprising a first active area operable to modulate the first dispersed illumination and a second active area operable to modulate the second dispersed illumination, and a first grating light valve device operable to modulate the first dispersed illumination and a second grating light valve device operable to modulate the second dispersed illumination. However, official notice is taken that it would have been a matter of routine skill in the art to incorporate at least one grating light valve device comprises at one of: an active area operable to modulate the first dispersed illumination and the second dispersed illumination on different respective regions of the active area, a dual-ribbon grating light valve device comprising a first active area operable to modulate the first dispersed illumination and a second active area operable to modulate the second dispersed illumination, and a first grating light valve device operable to modulate the first dispersed illumination and a second grating light valve device operable to modulate the second dispersed illumination. Improved optical efficiency and controllability would have been the expected benefit. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A DUDEK whose telephone number is (571)272-2290. The examiner can normally be reached Monday-Thursday 6:30-4:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A DUDEK/Primary Examiner, Art Unit 2871
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