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.
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.
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. Such claim limitation(s) is/are:
a spatial light modulator (Claim 1, 15)
a optical system (Claim 1, 10-11)
a filter unit (Claim 1)
a controller (Claim 2, 4-12)
a focus adjuster (Claim 4, 6-8, 13)
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.
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.
Claim(s) 1-3, 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (2015/0253256) in view of CN 110383040.
Claim 1, 18
Zhou (2015/0253256) discloses a method or apparatus for inspecting a three-dimensional shape an optical system (Fig. 3A, Ref. 30; optical; assembly) configured to refract respective modulated light beams at different refractive indices for each of multiple wavelengths based on chromatic aberration (Para. 0030), thereby forming a measurement section in a vertical direction in which the light refracted for each wavelength is focused (See Fig. 3A, Ref. λ1, λ2 being focused); a beam splitter (Fig. 4B, Ref. 50) configured to transmit a part of light reflected from the measurement object (Fig. 3A, Ref. 22, wafer) and to reflect another part of the light reflected from the measurement object (Fig. 3A, Ref. 22); a first detector (Fig. 4B, Ref. 49) configured to detect information on a wavelength of the light transmitted through the beam splitter (Fig. 4B, Ref. 50); and a second detector (Fig. 4B, Ref. 48) configured to detect information on a wavelength of the light reflected by the beam splitter (Fig. 4B, Ref. 50), wherein a filter detector (Fig. 4B, Ref. 51, 52), which is one of the first detector (Fig. 4B, Ref. 49) and the second detector (Fig. 4B, Ref. 48), comprises a filter unit (Fig. 4B, Ref. 51, 52) configured to block light at a specific wavelength or longer, thereby detecting information on light of a wavelength less than the specific wavelength (Para. 0040).
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Zhou (2015/0253256) substantially teaches the claimed invention except that it does not show a light emitter including a light source and a spatial light modulator configured to modulate light received from the light source, the light emitter being configured to emit multiple light beams having multiple focal points downward onto a surface of a measurement object. CN 110383040 shows that it is known to provide a light emitter (Fig. 1, Ref. 30) including a light source (Fig. 1, Ref. 2) and a spatial light modulator (Fig. 1, Ref. 12; first spatial light modulator) configured to modulate light received from the light source (Fig. 1, Ref. 2), the light emitter (Fig. 1, Ref. 30) being configured to emit multiple light beams having multiple focal points (Fig. 1, Ref. D1-Dn) downward onto a surface of a measurement object (Fig. 1, Ref. 5) for an optical system for measuring a target object. It would have been obvious to modify the device of Zhou (2015/0253256) with the light emitter of CN 110383040 before the effective filing date of the claimed invention for the purpose of providing multiple light beams, each focused at different points on a measurement object’s surface, therefore providing non-contact, high speed scanning by simultaneous multi-focal illumination.
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Claim 2
Zhou (2015/0253256) discloses a controller (Para. 0026; processor) configured to measure a height (Para. 0029; height information) of a base (See Fig. 3A, Ref. λ2) of the measurement object (Fig. 3A, Ref. 22) and a height of a transparent material (Fig. 3A, Ref. λ1) disposed on the base based on information detected by the first detector (Fig. 4B, Ref. 49) and information detected by the second detector (Fig. 4B, Ref. 48).
Claim 3
Zhou (2015/0253256) discloses the filter detector is configured to detect light intensity information (Para. 0040; detects intensity at wavelength provided).
Claim 14
Zhou (2015/0253256) discloses the filter detector is the second detector (See Fig. 4B, Ref. 51, filter, Ref. 48, camera).
Claim 15
Zhou (2015/0253256) substantially teaches the claimed invention except that it does not show the spatial light modulator is configured to modulate light received from the light source by reflecting the light, and comprises multiple digital micromirror devices arranged in an array. CN 110383040 shows that it is known to provide the spatial light modulator is configured to modulate light received from the light source by reflecting the light, and comprises multiple digital micromirror devices arranged in an array (Page 4 of translation “plurality of micromirrors”) for a optical device measuring a surface of an object. It would have been obvious to modify the device of Zhou (2015/0253256) with the micromirror array of CN 110383040 before the effective filing date of the claimed invention for the purpose of providing fast, programmable light control, high spatial resolution, and flexible optical path shaping, therefore providing accurate and efficient 3D reconstruction.
Claim 16
Zhou (2015/0253256) discloses the first detector (Fig. 4B, Ref. 49) and the second detector (Fig. 4B, Ref. 48) are configured to detect color information of a light beam focused at and reflected from a position corresponding to a height of the base of the measurement object (Fig. 3A, Ref. 22) or a height of the transparent material disposed on the base among the light beams refracted for each wavelength (See Fig. 3A, Ref. λ1, λ2; Para. 0031, color parsing, spectrometry).
Claim 17
Zhou (2015/0253256) discloses the light emitter (Fig. 3A, Ref. 26) is configured to emit the multiple light beams having multiple focal points downward onto the surface of the measurement object (Fig. 3A, Ref. 22) in a horizontal direction perpendicular to the vertical direction (See Fig. 3A, focal points for λ1 and λ2).
Allowable Subject Matter
Claims 4-13, 19-20 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.
Regarding claims 4, 6, 8, the prior art fails to disclose or make obvious a focus adjuster configured to change the measurement section by vertically changing the positions where the light beams refracted for each wavelength are focused; and a controller configured to control the focus adjuster to change the measurement section when the determining the light intensity information to be equal to or less than a predetermined first specific intensity; a focus adjuster configured to change the measurement section by vertically changing the positions where the light beams refracted for each wavelength are focused; and a controller configured to control the focus adjuster to change the measurement section when determining the light intensity information to be equal to or greater than a predetermined second specific intensity; a focus adjuster configured to change the measurement section by vertically changing the positions where the light beams refracted for each wavelength are focused; and a controller configured to control the focus adjuster to change the measurement section when the light intensity information satisfies a predetermined criterion, wherein the first detector and the second detector are configured to detect information on the wavelength of light again in a state in which the measurement section is changed, and in combination with the other recited limitations of claims 1, 3. Claims 5, 7, 9-13 would be allowable by the virtue of dependency on the allowable subject matter of claims 1, 3, 4, 6, 8.
Regarding claims 19, 20, the prior art fails to disclose or make obvious a focus adjustment step of changing the measurement section by vertically changing the positions where the light beams refracted for each wavelength are focused when it is determined that the light intensity information is equal to or less than a predetermined first specific intensity or equal to or greater than a predetermined second specific intensity; a focus adjustment step of changing the measurement section by vertically changing the positions where the light beams refracted for each wavelength are focused when the light intensity information satisfies a predetermined criterion, and wherein the first detection step and the second detection step are performed again in a state in which the measurement section is changed, and in combination with the other recited limitations of claim 18.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 September 23, 2026
