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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed on 06/24/2025 has been entered and considered by the examiner.
Drawings
The drawings filed on 06/24/2025, has been accepted for examination.
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 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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luo et al. (CN214374295 U, Applicant cited reference).
Regarding claims 1 and 4, Luo discloses a method for testing a sample capable of transferring electromagnetic radiation, the method comprising
detecting a location of a sample corresponds to (e.g. pp. 2-5; claim 1; fig. 1; i.e. horizontal laser height indicating module 5, 7 is used to detect whether a location of a sample (surface) is above or below a center of an arm axis / at what height the sample surface is and then the sample is adjusted to a fixed height position; more specifically, if the sample is located below the center of the arm axis, laser light is received and, if the sample surface is located higher than the center of the arm axis, a laser light path is blocked) ; a projecting device; a detecting device; and a sample holder; corresponds to (e.g. pp. 4-6; claims 1, 6; figs. 1, 2; i.e. light source emitting module 411 as a projecting device, light collection module 421 as a detecting device, and sample stage 2 as a sample holder)
performing at least one reflection measurement and at least one transmission measurement, wherein the reflection measurement comprises: locating a projecting device and a detecting device on a same side of the sample; detecting electromagnetic radiation reflected by the sample; and the transmission measurement comprises: locating the projecting device and the detecting device on opposite sides of the sample; and detecting electromagnetic radiation transferred by the sample corresponds to (e.g. pp. 2-6; claims 1-3; figs. 1, 2; i.e. both a reflection measurement and a transmission measurement is performed by changing rotation angles of light source swing arm 41 and detection swing arm 42; further, it is implicit that light source 411 and detector 421 must be on a same side of the sample when the reflection measurement is performed in order that reflected light can be detected); and
wherein the method further comprises using the detected electromagnetic radiation to form a test result wherein the detecting device is moved from the reflection measurement location to transmission measurement location between the reflection measurement and the transmission measurement corresponds to (see abstract; e.g. pp. 1-4, 6; claims 1-7; i.e. the detected electromagnetic radiation is used to form a multi-point transmittance and reflectance spectrum as a test result; further, X/Y-axis displacement module 11, spectrum detection and analysis module 14, calculation control module 9, and display 13 are used; note also that the definition of the term "test result" is broad).
For the purpose of clarity, the method claim 1 also anticipates/provide the means for apparatus claim 4 as rejected above as being anticipated by Luo.
As to claims 2 and 5, Luo also discloses a structure that is use in a method/system that is implementing limitations such as, wherein said locating the projecting device and the detecting device on opposite sides of the sample comprising: moving either the detecting device or the projecting device to the opposite side of the sample (claim 2) ((see abstract) pp. 2-6; claims 1-3 (figs 1 and 2)), displacement module, accurate and automatic positioning of the height of the sample …, the whole device is ….., and full-automatic detection anticipates/implicitly discloses an actuator for moving at least one of the detecting device and the projecting device, wherein said actuator is configured to locate the projecting device and the detecting device on opposite sides of the sample (claim 5).
As to claims 3 and 6, Luo further discloses a structure that is use in a method/system that is implementing limitations such as, performing both the reflection measurement and the transmission measurement; and using both the detected reflected electromagnetic radiation and the detected transferred electromagnetic radiation to form the test result (claim 3); and perform both the reflection measurement and the transmission measurement; and use both the detected reflected electromagnetic radiation and the detected transferred electromagnetic radiation to form the test result (claim 6) corresponds to (see abstracts; pp. 1-4, 6; claims 1-7; i.e. a multi-point transmittance and reflectance spectrum as a test result; see also discussion of feature F5 of D1 above; note that the)(i.e. the detected electromagnetic radiation is used to form a multi-point transmittance and reflectance spectrum as a test result; further, X/Y-axis displacement module 11, spectrum detection and analysis module 14, calculation control module 9, and display 13 are used; note also that the definition of the term "test result" is broad)
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed in the attached form PTO-892 teach of other prior art method/apparatus for testing a sample capable of transferring electromagnetic radiation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877
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