Ex Parte FUCHS et al - Page 2




                Appeal No. 2001-1072                                                                                                     
                Application No. 09/087,141                                                                                               


                                a diffractive element that receives the optical pulse and diffracts it to generate at least              
                two excitation pulses;                                                                                                   
                                an optical system that receives at least two optical pulses and spatially and                            
                temporally overlaps them on or in the structure to form an excitation pattern that launches an                           
                acoustic wave, electronic response, or thermal response that modulates at least a portion of the                         
                structure;                                                                                                               
                                a light source that produces a probe beam that reflects off the portion of the structure                 
                to generate a signal beam;                                                                                               
                                an optical detection system that receives the signal beam and in response generates a                    
                light-induced electrical signal; and                                                                                     
                                an analyzer that analyzes the light-induced electrical signal to measure the property                    
                of the structure.                                                                                                        

                        The references relied on by the examiner are:                                                                    
                Zayhowski                                       5,394,413                               Feb.  28, 1995                   
                Rogers et al. (Rogers)                  5,546,811                               Aug. 20, 1996                            
                Rogers et al. (Rogers)                  5,734,470                               Mar. 31, 1998                            
                Nelson et al. (Nelson)                          5,812,261                               Sept. 22, 1998                   
                                                                                (effective filing date July 15, 1996)                    
                Nelson et al. (Nelson), “Optical generation of tunable ultrasonic waves,” Journal of Applied                             
                Physics, Vol. 53, No. 2, Feb. 1982, pp. 1144-1149.                                                                       
                        Claims 1 through 13, 15 through 19, 21 through 34 and 45 stand rejected under the judicially                     
                created doctrine of obviousness-type double patenting as being unpatentable over claims 1 through 8                      
                and 25 of Rogers ‘470 in view of Zayhowski.                                                                              
                        Claims 1 through 13, 15 through 19, 21 through 34 and 45 stand rejected under the judicially                     
                created doctrine of obviousness-type double patenting as being unpatentable over claims 1 through                        
                33 of Nelson in view of Zayhowski.                                                                                       
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