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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were filed on 12 March 2025 and 28 March 2025. The submissions are in compliance with the provisions of 37 CFR 1.97, and therefore are considered by the examiner.
Specification
The abstract of the disclosure is objected to because the length of the abstract is not between 50 and 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 13-15 are objected to as claim 13 recites “the method as claimed in claim 7”. However, claim 7 is dependent from the measuring system of claim 6. Examiner assumes this is a typo, and will treat the claim dependence as if it depends from “the measuring system as claimed in claim 7”. Claims 14-15 suffer from the same typo and examiner will treat the claim dependence in the same was as indicated for claim 13.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Regarding claim 1, the claim recites the limitation “processing unit” which uses the generic placeholder “unit” that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. The specification as filed does not sufficiently disclose structure to perform the functions associated with the “processing unit”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 13-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, claim limitation “processing unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not provide adequate structure capable of performing the data processing and data analysis associated with the “processing unit”. No recitations of a computer/computing device, processor, controller, CPU, GPU, etc. and any equivalents thereof are found in the specification, and the drawings show no representation of such a device. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For examination purposes under the broadest reasonable interpretation of the claim, examiner will interpret any structure capable of performing the function associated with the “processing unit” as reading on the limitation.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 1-7 and 13-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the specification does not provide adequate structure to support the claim limitation “processing unit”. Given the functional language associated with the processing unit, namely data analysis and data processing for spectral signals, one of ordinary skill in the art would recognize the need for a computing device, processor, controller, CPU, GPU, etc. to perform such functions, but such a computing device is not found in the specification.
Claims 2-7 and 13-15 are rejected under 35 U.S.C. 112(a) and 35 U.S.C. 112(b) due to their dependence on the deficiencies of claim 1, recited above.
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.
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 1-10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0041336 A1 by Jean-Baptiste Paris Sirven (herein after “Sirven”) in view of US 2020/0264044 A1 by Mark A Meloni et al. (herein after “Melonli”), and further in view of US 2022/0241891 A1 by Steeve Lavoie et al. (herein after “Lavoie”). Examiner notes the references Sirven and Meloni were cited by applicant in the IDS filed 12 March 2025.
Regarding claim 1, Sirven discloses a system for measuring a central wavelength of interest (λc) of a spectral line of interest (RSe) measured by a spectrometer, the spectral line of interest corresponding to emission or absorption by a sample (Ech) to be characterized (Sirven [0045]-[0046] discloses measuring the profile of at least one spectral line of interest, which comprises a central wavelength, where the spectral line is emitted by an element of interest within a material [spectra line corresponding to emission by a sample to be characterized]), a light signal generated by the sample being called the sample signal (SLech), the spectral line of interest having either a bell profile, said central wavelength of interest then corresponding to the apex of said bell profile, or a double bell profile, said central wavelength of interest corresponding to the trough between the two bells (Sirven figs. 3A-3B and [0102]-[0105] disclose the signal obtained from the sample [sample signal SLech], where the shape is shown as either a bell profile with Pinst corresponding to the optimal wavelength or a double bell profile with Pst corresponding to the optical wavelength within the trough of the signal), the system comprising:
a detecting system comprising a spectrometer (Spectro) associated with a detector (Det) comprising a plurality of pixels (Pi) aligned in an X-direction, the spectral line of interest being detected on detector pixels (Sirven [0015] and fig. 1A disclose a spectrometer 9 and detector 9a, where the spectrometer allows line spectra to be recorded [line spectra indicative of the detector having a plurality of pixels arranged in a line formation, i.e. the x-direction]),
a reference signal (SLref) having a reference spectral line (RSref) having a central wavelength, called the reference wavelength (λref), the reference wavelength being selected to as to be detected on at least one pixel of the detector (Sirven [0101]-[0105] and [0111]-[0116] discloses the detection of at least two spectra, where either of those spectra are considered as “a reference signal”, where the reference signal has a central wavelength and is incident onto the pixels within the detector),
an optical fiber having a first entrance (E1) and an exit (s), the optical fiber being configured such that: the first entrance collects the sample signal (SLech), and the exit is coupled to an input of the spectrometer (Sirven fig. 1A and [0015] discloses an optical fiber 8 having a first entrance and an exit, the exit terminating at spectrometer 9 [exit coupled to an input of spectrometer] and the entrance detecting light focused by an optical system 7 which detects light emitted by sample 1 [first entrance collecting sample signal SLech]);
the measuring system being configured so that the detector detects said sample signal and said reference signal sequentially in time, so as to generate a measured profile of interest (PSech) and measured reference profile (PSref) (Sirven [0101]-[0105] and [0111]-[0115] and figs. 3A-3B discloses that 25 spectra were recorded resulting from the accumulation of laser shots configured to generate a plasma from the sample – two subsequent captures of spectra are considered as a reference signal and a sample signal being obtained sequentially in time, where the corresponding spectra obtained are the reference profile and the measured profile of interest; examiner notes this is not limited to a single sample capture, such that a third spectrum capture after the reference and sample signal is considered another sample signal);
process said measured profile of interest and measured reference profile so as to determine a position of interest (Pech) and a reference position (Pref), measured in detector pixels, of the central wavelength of interest and the reference wavelength respectively (Sirven [0115]-[0120] discloses two main spectral lines are obtained within the spectra, at 670.792 nm and 670.807 nm for the center wavelength of interest and the reference wavelength respectively), determine a value of the central wavelength of interest on the basis of a difference between said position of interest and reference position (Sirven [0116]-[0121] recites obtaining an optimal wavelength based on at least the two lines at the recited wavelengths within the previous limitation obtained via the spectra – this optimal wavelength is between those recited wavelengths [based a difference between said position of interest and reference position]).
Sirven is silent to a reference source (Sref) emitting a light signal, called the reference signal (SLref), the reference source having a reference spectral line (RSref) having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected to as to be detected on at least one pixel of the detector,
a Y-shaped optical fiber (FOY) having a first entrance (E1), a second entrance (E2) and an exit (S), the optical fiber being configured such that: the second entrance collects said reference signal (SLref),
the measuring system being configured so that the detector detects sample signal and reference signal simultaneously in time, and
determine a value of the central wavelength of interest on the basis of said known value of the reference wavelength.
However, Meloni does address this limitation. Sirven and Meloni are considered to be analogous to the present invention because they are optical spectrometric inspection systems.
Meloni discloses “a reference source (Sref) emitting a light signal, called the reference signal (SLref), the reference source having a reference spectral line (RSref) having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected to as to be detected on at least one pixel of the detector” (Meloni [0029] and fig. 3 disclose an optical monitoring system for interrogating a workpiece [sample], comprising a flashlamp 310 [reference source emitting a light signal]; [0033] intensity signals are obtained at predetermined wavelengths [reference source having a reference spectral line having a central wavelength of known value]; fig. 3 and [0029] discloses fiber optic cable 310a which directs reference light to spectrometer 330 [reference wavelength being detected on the at least one pixel of the detector]),
“a Y-shaped optical fiber (FOY) having a first entrance (E1), a second entrance (E2) and an exit (S), the optical fiber being configured such that: the second entrance collects said reference signal (SLref)” (Meloni fig. 3 and [0029] discloses the reference light source 310 directing light directly to the spectrometer via 310a [second entrance for SLref], directing light to the sample under investigation and receiving light from the sample via collimator 320 and optical fiber 342 [first entrance for SLech], and both optical fibers terminating at the spectrometer 330 [exit coupled to an input of the spectrometer]),
“the measuring system being configured so that the detector detects sample signal and reference signal simultaneously in time” (Meloni fig. 3 and [0029] discloses the spectrometer 330 being optically coupled to a referencing optical cable 310a to provide light directly to the spectrometer via the flashlamp 310, and [0030] the flashlamp also delivers interrogating light to the sample; given the flashlamp being the source of light for both the reference arm and the sample arm, one of ordinary skill would find the detection of the sample signal and reference signal simultaneously in time inherent within the disclosure of Meloni; examiner also notes that the system of fig. 3 is an “interferometric endpoint” system, where the reference and signal arms must be detected simultaneously during an interferometric measurement to obtain interference), and
“determine a value of the central wavelength of interest on the basis of said known value of the reference wavelength” (Meloni fig. 3 and [0033] discloses a signal processor being a part of the spectrometer 330, which outputs processed signals including the intensity of a specific wavelength, ratio of two wavelength bands, etc. – given the spectrometer obtaining the reference signal, the signal processor of Sirven in view of Meloni would make the central wavelength determination based on the reference wavelength).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirven to incorporate a reference source (Sref) emitting a light signal, called the reference signal (SLref), the reference source having a reference spectral line (RSref) having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected to as to be detected on at least one pixel of the detector, a Y-shaped optical fiber (FOY) having a first entrance (E1), a second entrance (E2) and an exit (S), the optical fiber being configured such that: the second entrance collects said reference signal (SLref), the measuring system being configured so that the detector detects sample signal and reference signal simultaneously in time, and determine a value of the central wavelength of interest on the basis of said known value of the reference wavelength as suggested by Meloni for the advantage of enabling signal referencing with respect to the light source, where accuracy of predetermined emission wavelengths can be ensured (Meloni [0029] and [0033]).
Sirven when modified by Meloni is silent to determine[ing] a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system.
However, Lavoie does address this limitation. Sirven, Meloni, and Lavoie are considered to be analogous to the present invention because they are optical spectrometric inspection systems.
Lavoie discloses “determine[ing] a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system” (Lavoie [0048] discloses the determination of spectrum lines obtained from the plasma radiation [determining value of central wavelength of interest], where the signal is interpolated based on the number of pixels CCD 66 the linear dispersion of the grating 65 within the spectrometer 64).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirven in view of Meloni to incorporate determine[ing] a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system as suggested by Lavoie for the advantage of determining the correction of drift at the time of sample measurement.
Regarding claim 2, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 1. Sirven is silent to the measuring system as claimed in claim 1, wherein the measuring system is configured so that the detector detects said sample signal and said reference signal simultaneously, the reference source having a reference wavelength located outside the spectral line of interest.
However, Meloni does address this limitation.
Meloni discloses the measuring system as claimed in claim 1, “wherein the measuring system is configured so that the detector detects said sample signal and said reference signal simultaneously, the reference source having a reference wavelength located outside the spectral line of interest” (Meloni fig. 3 and [0029]-[0030] has been cited within claim 1 to teach simultaneously detecting the reference arm and sample arm of the optical monitoring device of fig. 3; [0033] discloses that the signal processor which outputs processed signals from the data obtained by the spectrometer may output the intensity of a specific wavelength, ratio of two wavelength bands, etc. – given the spectrometer obtaining the reference signal, and given the disclosure possible outputs from the signal processor, it is reasonable to conclude that the reference wavelength may be different from and outside of the spectral line of interest).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirven to incorporate wherein the measuring system is configured so that the detector detects said sample signal and said reference signal simultaneously, the reference source having a reference wavelength located outside the spectral line of interest as suggested by Meloni for the advantage of enabling signal referencing with respect to the light source, where accuracy of predetermined emission wavelengths can be ensured (Meloni [0029] and [0033]).
Regarding claim 3, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 1, and Sirven further teaches the system wherein the measuring system is configured so that the detector detects sequentially in time said sample signal for a signal duration (Ds) and said reference signal for a reference duration (Dref), the signal duration and the reference duration being separated by a duration called the intermediate duration (Dint) (Sirven [0111]-[0115] discloses the length of time of exposure on the spectrometer for each laser shot [reference duration and signal duration for two sequential laser shots]; there exists an intermediate duration between the collection of the signal capture and reference capture as the shots do not occur simultaneously).
Regarding claim 4, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 1, and Sirven further teaches the system wherein the sample signal is pulsed (Sirven [0111]-[0114] discloses capture parameters for the spectrometer where 25 spectra are recorded – excluding the first capture [reference signal, see claim 1], the sample signal is pulsed given the subsequent captured spectra).
Regarding claim 5, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 1, and Sirven further teaches the system further comprising a pulsed laser (L) configured to illuminate the sample so as to generate said sample signal (Sirven [0111]-[0115] discloses a pulsed laser which ablates a portion of the sample under investigation, where a 20 Hz laser is used and 1.75 µs occurs between a laser shot and measurement capture).
Regarding claim 6, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 1, and Sirven further teaches the system, wherein the sample signal is emitted by a plasma (Pl) and further comprising an optical system (SO) configured to inject a portion of said light signal generated by the sample into the first entrance of the optical fiber (Sirven [0111]-[0115] discloses a pulsed laser which ablates a portion of the sample under investigation and thereby generates a plasma which emits the sample signal; fig. 1a and [0015] discloses a second optical system 7 which focuses the light emission 6a generated by the plasma 5 which is captured by optical fiber 8 [optical system injecting a portion of light generated by sample into first entrance of optical fiber]).
Regarding claim 7, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 6, and Sirven further teaches the system configured to measure an isotopic abundance of an element present in the sample, wherein said central wavelength of interest corresponds to a line resulting from contributions of two isotopes of said element, said value of the central wavelength of interest allowing said abundance to be determined (Sirven fig. 3A shows an intensity plot as a function of wavelength where Iso1 and Iso2 appear as two peaks within the plot [contributions of two isotopes of said element], where [0017] the intensity I of the wavelength and associated element is related to the concentration of the element [isotopic abundance of an element present in the sample]; [0101]-[0105] recites an optical wavelength [central wavelength of interest] is shown as between the two peaks generated from the two isotopes, and is correlated to the ratio between the two isotopes).
Regarding claim 8, Sirven discloses a method for determining a central wavelength of interest (λc) of a spectral line of interest (RSe) measured by a spectrometer, the spectral line of interest corresponding to emission or absorption by a sample (Ech) to be characterized (Sirven [0045]-[0046] discloses measuring the profile of at least one spectral line of interest, which comprises a central wavelength, where the spectral line is emitted by an element of interest within a material [spectra line corresponding to emission by a sample to be characterized]), a light signal generated by the sample being called the sample signal (SLech), the spectral line of interest having either a bell profile, said central wavelength of interest then corresponding to the apex of said bell profile, or a double bell profile, said central wavelength of interest corresponding to the trough between the two bells (Sirven figs. 3A-3B and [0102]-[0105] disclose the signal obtained from the sample [sample signal SLech], where the shape is shown as either a bell profile with Pinst corresponding to the optimal wavelength or a double bell profile with Pst corresponding to the optical wavelength within the trough of the signal), the spectrometer being associated with a detector (Det) comprising a plurality of pixels (Pi) aligned in an X-direction, the spectral line of interest being detected on detector pixels (Sirven [0015] and fig. 1A disclose a spectrometer 9 and detector 9a, where the spectrometer allows line spectra to be recorded [line spectra indicative of the detector having a plurality of pixels arranged in a line formation, i.e. the x-direction]), the method comprising the steps of:
providing an optical fiber having a first entrance (E1) and an exit (S) (Sirven fig. 1A and [0015] discloses an optical fiber 8 having a first entrance and an exit, the exit terminating at spectrometer 9 and the entrance detecting light focused by an optical system 7 which detects light emitted by sample 1);
providing a reference signal (SLref) having a reference spectral line (RSref) having a central wavelength, called the reference wavelength (λref), the reference wavelength being selected to as to be detected on at least one pixel of the detector (Sirven [0101]-[0105] and [0111]-[0116] discloses the detection of at least two spectra, where either of those spectra are considered as “a reference signal”, where the reference signal has a central wavelength and is incident onto the pixels within the detector), positioning the optical fiber such that the first entrance collects the sample signal and the exit is coupled to an input (Espec) of the spectrometer (Sirven [0015] and fig. 1A, as recited above, discloses the optical fiber 8 receiving light emitted by the sample [sample signal] and directing said light to an input of the spectrometer 9 [coupled to an input of the spectrometer]), detecting said sample signal and said reference signal, so as to generate a measured profile of interest (PSech) reference profile (PSref) (Sirven [0101]-[0105] and [0111]-[0115] and figs. 3A-3B discloses that 25 spectra were recorded resulting from the accumulation of laser shots configured to generate a plasma from the sample);
processing said measured profile of interest and measured reference profile so as to determine a position of interest (PSech) and a reference position (PSref), of the central wavelength of interest and the reference wavelength respectively (Sirven [0115]-[0120] discloses two main spectral lines are obtained within the spectra, at 670.792 nm and 670.807 nm for the center wavelength of interest and the reference wavelength respectively),
determine a value of the central wavelength of interest on the basis of a difference between said position of interest and reference position (Sirven [0116]-[0121] recites obtaining an optimal wavelength based on at least the two lines at the recited wavelengths within the previous limitation obtained via the spectra – this optimal wavelength is between those recited wavelengths [based a difference between said position of interest and reference position]).
Servin is silent to providing a Y-shaped optical fiber having a first entrance (E1), a second entrance (E2), and an exit (S), providing a reference source (Sref) emitting a light signal called the reference signal (SLref), having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected so as to be detected on at least one pixel of the detector, positioning the optical fiber such that the second entrance collects the reference signal,
detecting simultaneously in time said sample signal and reference signal, and
determining a value of the central wavelength of interest on the basis of said known value of the reference wavelength.
However, Meloni does address this limitation. Sirven and Meloni are considered to be analogous to the present invention because they are optical spectrometric inspection systems.
Meloni discloses “providing a Y-shaped optical fiber having a first entrance (E1), a second entrance (E2), and an exit (S)” (Meloni fig. 3 and [0029] discloses an optical fiber with three ends [Y-shaped], where there are two entrances and one exit), “providing a reference source (Sref) emitting a light signal called the reference signal (SLref), having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected so as to be detected on at least one pixel of the detector” (Meloni [0029] and fig. 3 disclose an optical monitoring system for interrogating a workpiece [sample], comprising a flashlamp 310 [reference source emitting a light signal]; [0033] intensity signals are obtained at predetermined wavelengths [reference source having a reference spectral line having a central wavelength of known value]; fig. 3 and [0029] discloses fiber optic cable 310a which directs reference light to spectrometer 330 [reference wavelength being detected on the at least one pixel of the detector]), “positioning the optical fiber such that the second entrance collects the reference signal” (Meloni [0029] and fig. 3 disclose the flashlamp 310 [reference light source] directing light directly to the spectrometer via optical fiber branch 310a [second entrance for SLref]),
“detecting simultaneously in time said sample signal and reference signal” (Meloni fig. 3 and [0029] discloses the spectrometer 330 being optically coupled to a referencing optical cable 310a to provide light directly to the spectrometer via the flashlamp 310, and [0030] the flashlamp also delivers interrogating light to the sample; given the flashlamp being the source of light for both the reference arm and the sample arm, one of ordinary skill would find the detection of the sample signal and reference signal simultaneously in time inherent within the disclosure of Meloni; examiner also notes that the system of fig. 3 is an “interferometric endpoint” system, where the reference and signal arms must be detected simultaneously during an interferometric measurement to obtain interference), and
“determining a value of the central wavelength of interest on the basis of said known value of the reference wavelength” (Meloni fig. 3 and [0033] discloses a signal processor being a part of the spectrometer 330, which outputs processed signals including the intensity of a specific wavelength, ratio of two wavelength bands, etc. – given the spectrometer obtaining the reference signal, the signal processor of Sirven in view of Meloni would make the central wavelength determination based on the reference wavelength).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirven to incorporate providing a Y-shaped optical fiber having a first entrance (E1), a second entrance (E2), and an exit (S), providing a reference source (Sref) emitting a light signal called the reference signal (SLref), having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected so as to be detected on at least one pixel of the detector, positioning the optical fiber such that the second entrance collects the reference signal, detecting simultaneously in time said sample signal and reference signal, and determining a value of the central wavelength of interest on the basis of said known value of the reference wavelength as suggested by Meloni for the advantage of enabling signal referencing with respect to the light source, where accuracy of predetermined emission wavelengths can be ensured (Meloni [0029] and [0033]).
Sirven when modified by Meloni is silent to determining a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system.
However, Lavoie does address this limitation. Sirven, Meloni, and Lavoie are considered to be analogous to the present invention because they are optical spectrometric inspection systems.
Lavoie discloses “determining a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system” (Lavoie [0048] discloses the determination of spectrum lines obtained from the plasma radiation [determining value of central wavelength of interest], where the signal is interpolated based on the number of pixels CCD 66 the linear dispersion of the grating 65 within the spectrometer 64).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirven in view of Meloni to incorporate determining a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system as suggested by Lavoie for the advantage of determining the correction of drift at the time of sample measurement.
Regarding claim 9, Sirven discloses a method for determining a central wavelength of interest (λc) of a spectral line of interest (RSe) measured by a spectrometer, the spectral line of interest corresponding to emission or absorption by a sample (Ech) to be characterized (Sirven [0045]-[0046] discloses measuring the profile of at least one spectral line of interest, which comprises a central wavelength, where the spectral line is emitted by an element of interest within a material [spectra line corresponding to emission by a sample to be characterized]), a light signal generated by the sample being called the sample signal (SLech), the spectral line of interest having either a bell profile, said central wavelength of interest then corresponding to the apex of said bell profile, or a double bell profile, said central wavelength of interest corresponding to the trough between the two bells (Sirven figs. 3A-3B and [0102]-[0105] disclose the signal obtained from the sample [sample signal SLech], where the shape is shown as either a bell profile with Pinst corresponding to the optimal wavelength or a double bell profile with Pst corresponding to the optical wavelength within the trough of the signal), the spectrometer being associated with a detector (Det) comprising a plurality of pixels (Pi) aligned in an X-direction, the spectral line of interest being detected on detector pixels (Sirven [0015] and fig. 1A disclose a spectrometer 9 and detector 9a, where the spectrometer allows line spectra to be recorded [line spectra indicative of the detector having a plurality of pixels arranged in a line formation, i.e. the x-direction]), the method comprising the steps of:
providing an optical fiber having a first entrance (E1) and an exit (S) (Sirven fig. 1A and [0015] discloses an optical fiber 8 having a first entrance and an exit, the exit terminating at spectrometer 9 and the entrance detecting light focused by an optical system 7 which detects light emitted by sample 1);
providing a reference signal (SLref) having a reference spectral line (RSref) having a central wavelength, called the reference wavelength (λref), the reference wavelength being selected to as to be detected on at least one pixel of the detector (Sirven [0101]-[0105] and [0111]-[0116] discloses the detection of at least two spectra, where either of those spectra are considered as “a reference signal”, where the reference signal has a central wavelength and is incident onto the pixels within the detector), positioning the optical fiber such that the first entrance collects the sample signal and the exit is coupled to an input (Espec) of the spectrometer (Sirven [0015] and fig. 1A, as recited above, discloses the optical fiber 8 receiving light emitted by the sample [sample signal] and directing said light to an input of the spectrometer 9 [coupled to an input of the spectrometer]), detecting sequentially in time said sample signal for a signal duration (Ds) and said reference signal for a reference duration (Dref), so as to generate a measured profile of interest (PSech) and a measured reference profile (PSref) (Sirven [0101]-[0105] and [0111]-[0115] and figs. 3A-3B discloses that 25 spectra were recorded resulting from the accumulation of laser shots configured to generate a plasma from the sample – two subsequent captures of spectra are considered as a reference signal and a sample signal being obtained sequentially in time, where the corresponding spectra obtained are the reference profile and the measured profile of interest; examiner notes this is not limited to a single sample capture, such that a third spectrum capture after the reference and sample signal is considered another sample signal; [0111]-[0115] discloses the length of time of exposure on the spectrometer for each laser shot [signal duration (Ds)]), the signal duration and the reference duration being separated by a duration called the intermediate duration (Dint) (Sirven [0111]-[0115]; there exists an intermediate duration between the collection of the signal capture and reference capture as the shots do not occur simultaneously),
processing said measured profile of interest and measured reference profile so as to determine a position of interest (PSech) and a reference position (PSref), of the central wavelength of interest and the reference wavelength respectively (Sirven [0115]-[0120] discloses two main spectral lines are obtained within the spectra, at 670.792 nm and 670.807 nm for the center wavelength of interest and the reference wavelength respectively),
determine a value of the central wavelength of interest on the basis of a difference between said position of interest and reference position (Sirven [0116]-[0121] recites obtaining an optimal wavelength based on at least the two lines at the recited wavelengths within the previous limitation obtained via the spectra – this optimal wavelength is between those recited wavelengths [based a difference between said position of interest and reference position]).
Sirven is silent to providing a Y-shaped optical fiber having a first entrance (E1), a second entrance (E2), and an exit (S), providing a reference source (Sref) emitting a light signal called the reference signal (SLref), having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected so as to be detected on at least one pixel of the detector, positioning the optical fiber such that the second entrance collects the reference signal, and
determining a value of the central wavelength of interest on the basis of said known value of the reference wavelength.
However, Meloni does address this limitation. Sirven and Meloni are considered to be analogous to the present invention because they are optical spectrometric inspection systems.
Meloni discloses “providing a Y-shaped optical fiber having a first entrance (E1), a second entrance (E2), and an exit (S)” (Meloni fig. 3 and [0029] discloses an optical fiber with three ends [Y-shaped], where there are two entrances and one exit), “providing a reference source (Sref) emitting a light signal called the reference signal (SLref), having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected so as to be detected on at least one pixel of the detector” (Meloni [0029] and fig. 3 disclose an optical monitoring system for interrogating a workpiece [sample], comprising a flashlamp 310 [reference source emitting a light signal]; [0033] intensity signals are obtained at predetermined wavelengths [reference source having a reference spectral line having a central wavelength of known value]; fig. 3 and [0029] discloses fiber optic cable 310a which directs reference light to spectrometer 330 [reference wavelength being detected on the at least one pixel of the detector]), “positioning the optical fiber such that the second entrance collects the reference signal” (Meloni [0029] and fig. 3 disclose the flashlamp 310 [reference light source] directing light directly to the spectrometer via optical fiber branch 310a [second entrance for SLref]), and
“determining a value of the central wavelength of interest on the basis of said known value of the reference wavelength” (Meloni fig. 3 and [0033] discloses a signal processor being a part of the spectrometer 330, which outputs processed signals including the intensity of a specific wavelength, ratio of two wavelength bands, etc. – given the spectrometer obtaining the reference signal, the signal processor of Sirven in view of Meloni would make the central wavelength determination based on the reference wavelength).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirven to incorporate providing a Y-shaped optical fiber having a first entrance (E1), a second entrance (E2), and an exit (S), providing a reference source (Sref) emitting a light signal called the reference signal (SLref), having a central wavelength, called the reference wavelength, of known value (λref), the reference wavelength being selected so as to be detected on at least one pixel of the detector, positioning the optical fiber such that the second entrance collects the reference signal, and determining a value of the central wavelength of interest on the basis of said known value of the reference wavelength as suggested by Meloni for the advantage of enabling signal referencing with respect to the light source, where accuracy of predetermined emission wavelengths can be ensured (Meloni [0029] and [0033]).
Sirven when modified by Meloni is silent to determining a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system.
However, Lavoie does address this limitation. Sirven, Meloni, and Lavoie are considered to be analogous to the present invention because they are optical spectrometric inspection systems.
Lavoie discloses “determining a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system” (Lavoie [0048] discloses the determination of spectrum lines obtained from the plasma radiation [determining value of central wavelength of interest], where the signal is interpolated based on the number of pixels CCD 66 the linear dispersion of the grating 65 within the spectrometer 64).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sirven in view of Meloni to incorporate determining a value of the central wavelength of interest on the basis of a linear dispersion (DL) of the detecting system as suggested by Lavoie for the advantage of determining the correction of drift at the time of sample measurement.
Regarding claim 10, Sirven when modified by Meloni and Lavoie discloses the method as claimed in claim 9, and Sirven further teaches the method wherein the intermediate duration is less than 5 s (Sirven [0111]-[0115] discloses that the 25 spectra were recorded from 20 accumulated laser shots at the same point of the sample, where a 20 Hz laser is used to generate the plasma which emits the light from the sample, where one second is enough to perform 20 shots – since the spectra were obtained during the time taken to perform the 20 shots (i.e. within one second), the intermediate duration (time between shots) is inherently less than five seconds).
Regarding claim 13, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 7 (see claim objection above), and Sirven further teaches the system, wherein the light signal generated by the sample is pulsed (Sirven [0111]-[0115] recites various parameters for the conditions under which the 20 shots are performed and 25 spectra obtained, where a pulsed laser source is used to perform the 20 shots, therefore the light captured by the spectrometer of those 20 shots will inherently be pulsed).
Regarding claim 14, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 13 (see claim objection above), and Sirven further teaches the system wherein the light signal generated by the sample comes from an emission of a plasma emitted by the sample illuminated by a pulsed laser (Sirven [0111]-[0115] discloses a pulsed laser which ablates a portion of the sample under investigation and thereby generates a plasma which emits the sample signal).
Regarding claim 15, Sirven when modified by Meloni and Lavoie discloses the measuring system as claimed in claim 14 (see claim objection above), and Sirven further teaches the system configured to determine an isotopic abundance of an element present in said sample, wherein said central wavelength of interest corresponds to a line resulting from contributions of two isotopes of said element, said value of the central wavelength of interest allowing said abundance to be determined (Sirven fig. 3A shows an intensity plot as a function of wavelength where Iso1 and Iso2 appear as two peaks within the plot [contributions of two isotopes of said element], where [0017] the intensity I of the wavelength and associated element is related to the concentration of the element [isotopic abundance of an element present in the sample]; [0101]-[0105] recites an optical wavelength [central wavelength of interest] is shown as between the two peaks generated from the two isotopes, and is correlated to the ratio between the two isotopes).
Allowable Subject Matter
Claims 11-12 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
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination. In particular, a thorough search for pertinent prior art did not locate any prior art that discloses or suggests all limitations of the invention disclosed in the instant application.
Regarding claim 11, the concept of “in the step of sequential detection, an additional detection of the reference signal, then called the additional reference signal, then called the additional reference signal (Sref/add), is carried out such that detection of the sample signal at a time t0 is flanked temporally by detection of reference signals, and such that an additional measured reference profile (PSref/add) is generated, and
in the step of processing the measured profiles, an additional reference position (Pref/add) is further determined, and a reference position called the intermediate reference position (P0ref) is determined at time t0 by interpolation, on the basis of the reference position (Pref) and of the additional reference position (Pref/add), and on the basis of a predetermined law of variation in the reference position as a function of time,
the step of determining the central wavelength of interest then being carried out on the basis of a difference between said position of interest (Pech) and intermediate reference position (P0ref)” is considered to define patentable subject matter over the prior art.
Examiner notes that following the same logic as indicated in the rejection of claim 9, the additional reference profiles which flank the sample signal may be indicated as being part of the 25 spectra obtained during the measurement collection, there is no teaching or suggestion of determining an intermediate reference position at time t0 on the basis of Pref, Pref/add, and specifically on the basis of a predetermined law of variation in the reference position as a function of time.
Regarding claim 12, the concept of “wherein the processing step comprises the substep of adjusting values of the measured profile of interest and measured reference profile with known mathematical functions so as to determine by interpolation said position of interest and reference position with precision better than one pixel” is considered to define patentable subject matter over the prior art. There is no teaching or suggestion within the prior art of such a substep, specifically with respect to the adjustment of values of the measured sample profile and reference profiles.
Documents Considered but not Relied Upon
The following document(s) were considered but not relied up on for the rejection set forth in this action:
US 11,835,464 B1 by Alexander A. Bol’Shakov et al. drawn to the laser induced isotopic measurements of a sample, wherein isotopic concentration is obtained, analogous to the claimed invention.
WO 03/006967 A1 by Vincent Detalle et al. drawn to laser induced plasma spectroscopy, where components of a sample are identified by ablation-induced plasma plume spectroscopy, analogous to the claimed invention
Conclusion
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/JOSHUA M CARLSON/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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