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 .
Response to Arguments
Applicant’s arguments, see response, pages 5-8, filed February 12th, 2025, with respect to the previous rejections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made below.
Claim Rejections - 35 USC § 102
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, 3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Osipchuk et al. (US 6628385).
In regards to claim 1, Osipchuk discloses a moisture sensing device (fig. 1 or 3 when 13 is replaced by fig. 13; When reading the preamble in the context of the entire claim, the recitation “moisture sensing” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention' s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.) comprising: a light source (L1 and L2); a projection optical system (20) configured to project illumination light (B1 and B2) emitted from the light source onto a target object (12) that reflects the illumination light; a photodetector configured to receive reflected light from the target object (PMT1 and PMT2); and an optical element configured to condense the reflected light onto the photodetector (fig. 13 and column 9, lines 51-59), the optical element including: a reflection surface configured to reflect the reflected light from the target object to direct the reflected light toward the photodetector (fig. 13 and column 9, lines 51-59); and an opening formed on the reflection surface (102) and configured to allow the illumination light to pass through to direct the illumination light toward the target object (B1 and B2), wherein the projection optical system has an optical axis toward the target object (as can be seen in fig. 1 and 3), wherein the optical element has a first optical axis from the target object to the optical element (16 and 18 going from the right to the left of the page), and a second optical axis from the optical element toward the photodetector (16 and 18 going from 100 down the page), and wherein the optical element is configured to align the optical axis of the projection optical system with the first optical axis of the optical element (as can be seen in figs 1 and 13).
In regards to claim 3, the reflection surface is a paraboloid configured to condense the reflected light onto the photodetector (fig. 13 and column 9, lines 51-59).
In regards to claim 5, the light source includes a plurality of light sources (fig. 3 L1 and L2 and column 6, lines 58-65)) configured to emit lights having wavelengths different from each other (column 6, lines 58-65 discloses a “two wavelength” system with two lasers for simultaneous scanning of multiple source wavelengths; therefore, it appears that it is inherent that the two light sources would be configured to emit lights having wavelengths different from each other to perform this function), and the projection optical system includes an alignment optical system configured to align emission optical axes of the respective light sources with each other (44).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osipchuk et al. (US 6628385).
In regards to claim 6, Osipchuk discloses the plurality of light sources includes a first light source (L1), a second light source (L2), configured to respectively emit lights having a first wavelength, and a second wavelength (as discussed above in relation to claim 5), and the alignment optical system includes a dichroic mirror configured to align emission optical axes of the first light source and the second light source with each other (44 and column 6, line 60). Osipchuk is silent to a third light source comprising a third wavelength different from the first and second wavelength. However, it is disclosed that the system can be used with multiple source and detection wavelengths to simultaneous scan a sample (column 7, lines 43-48). Based on this disclosure, it would be obvious to one of ordinary skill in the art to include into Osipchuk a third light source source comprising a third wavelength different from the first and second wavelength. This would be done in order to allow simultaneous measurement of the sample at three different wavelengths.
Claim(s) 1, 3, 5-6 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takegawa (JP 2006046936, previously cited), in view of Osipchuk et al. (US 6628385).
In regards to claim 1, Takegawa discloses a moisture sensing device (fig. 1) comprising: a light source (21-23); a projection optical system (5) configured to project illumination light emitted from the light source onto a target object that reflects the illumination light (X); a photodetector configured to receive reflected light from the target object (3); and an optical element configured to condense the reflected light onto the photodetector (6, as can be seen in fig. 1, 6 focuses the light onto 3) wherein the optical element has a first optical axis from the target object to the optical element (from 6 to X), and a second optical axis from the optical element toward the photodetector (from 6 to 3), and wherein the optical element is configured to align the optical axis of the projection optical system (5) with the first optical axis of the optical element (the optical axis of 5, from 5 to X is aligned with the first optical axis of 6, from 6 to X, as can be seen in fig. 1). Takegawa is silent to the optical element including: a reflection surface configured to reflect the reflected light from the target object to direct the reflected light toward the photodetector; and an opening formed on the reflection surface and configured to allow the illumination light to pass through to direct the illumination light toward the target object, wherein the projection optical system has an optical axis toward the target object, wherein the optical element has a first optical axis from the target object to the optical element, and a second optical axis from the optical element toward the photodetector, and wherein the optical element is configured to align the optical axis of the projection optical system with the first optical axis of the optical element. However, it is noted that Takegawa only generally discloses directing the light to and from the sample, and does not appear to be concerned with the particular arrangement of elements to perform this measurement other than ensuring a smaller, low-cost sensor (page 8, ⁋ 8). Further it is well known to arrange light sources, detectors and an optical element such as described within the claim, to direct light to a reflective sample and back to a detector (see additional prior art below).
For example, Osipchuk, generally discloses several types of optical elements for use in sending a plurality of light sources to a sample, and then collecting light from that sample and directing it to a detector (figs 6-13, which can be substituted into and placed between 44 and 46 in fig. 3, for example). One of the optical elements includes a reflection surface configured to reflect the reflected light from the target object to direct the reflected light toward the photodetector (fig. 13 and column 9, lines 51-59); and an opening formed on the reflection surface (102) and configured to allow the illumination light to pass through to direct the illumination light toward the target object (B1 and B2), wherein the projection optical system has an optical axis toward the target object (as can be seen in fig. 1 and 3), wherein the optical element has a first optical axis from the target object to the optical element (16 and 18 going from the right to the left of the page), and a second optical axis from the optical element toward the photodetector (16 and 18 going from 100 down the page), and wherein the optical element is configured to align the optical axis of the projection optical system with the first optical axis of the optical element (as can be seen in figs 1 and 13). This particular arrangement allows for simplicity of alignment, and reduced optical elements for performing this task of sending light to and from the sample (column 9, lines 51-58). Therefore, it would be obvious to one of ordinary skill in the art to arrange the system of Takegawa in the manner described by Osipchuk, including replacing the optical element (5-6) with the optical element of Osipchuk (in fig. 13), in order to allow for simplicity of alignment and reduced optical elements for performing the measurement.
In regards to claim 3, the reflection surface is a paraboloid configured to condense the reflected light onto the photodetector (Osipchuk fig. 13 and column 9, lines 51-59).
In regards to claim 5, Takegawa discloses that the light source includes a plurality of light sources configured to emit lights having wavelengths different from each other (21-23, 8, ⁋ 2). Takegawa is silent to the projection optical system includes an alignment optical system configured to align emission optical axes of the respective light sources with each other. However, it is noted that Takegawa only generally discloses directing the light to and from the sample, and does not appear to be concerned with the particular arrangement of elements to perform this measurement. Further it is well-known to include into an optical measurement system with a plurality of light sources a projection optical system including an alignment optical system configured to align emission optical axes of the respective light sources with each other in order to allow proper alignment of all light sources onto the sample for collection.
For example, Osipchuck, which also discloses a light source that includes a plurality of light sources (fig. 3 L1 and L2 and column 6, lines 58-65) configured to emit lights having wavelengths different from each other (column 6, lines 58-65 discloses a “two wavelength” system with two lasers for simultaneous scanning of multiple source wavelengths), and the projection optical system includes an alignment optical system configured to align emission optical axes of the respective light sources with each other (44). This is done to allow correct alignment with each light source to the sample (as can be seen in fig. 3). Therefore, it would be obvious to one of ordinary skill in the art to include into Takegawa’s projection optical system an alignment optical system configured to align emission optical axes of the respective light sources with each other, as taught by Osipchuck in order to allow correct alignment with each light source to the sample.
In regards to claim 6, the combination according to claim 5 is shown, as discussed above. Further, the plurality of light sources includes a first light source, a second light source, and a third light source configured to respectively emit lights having a first wavelength, a second wavelength, and a third wavelength different from each other (Takegawa 21-23, 8, ⁋ 2), and the alignment optical system includes a dichroic mirror configured to align emission optical axes of the first light source and the second light source with each other (Osipchuk 44 and column 6, line 60).
In regards to claim 9, the combination discloses a processor (Takegawa fig. 1, 4) programmed to determine a deposit on the target object on the basis of a detection signal from the photodetector (abstract), wherein out of the first light source, the second light source, and the third light source, two light sources each emit detection light having a first wavelength with first absorption coefficients with respect to water and ice, and a remaining one light source emits reference light having a wavelength with second absorption coefficients with respect to water and ice (Takegawa fig. 3, water and ice transmittance graph: lambda 1 through lamda 3), the first absorption coefficients are higher than the second absorption coefficients (as can be seen in fig. 3), and the processor is programmed to determine the deposit on the basis of signals obtained by normalizing the detection signals with respect to the two detection lights by the detection signal with respect to the reference light (page 9, ⁋ 5).
In regards to claim 10, the processor is programmed to determine water, ice and snow as the deposit (Takegawa fig. 6).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable Osipchuk et al. (US 6628385) as evidenced by Sagehashi et al. (US 20040057119 A1, previously cited), and in view of Abariet al. (US 20190361100 A1, previously cited).
Regarding claim 7, Osipchuk discloses the moisture sensing device according to claim 6, as discussed above. Sagehashi teaches that dichroic mirrors have greater loss from transmission than reflection [0010]. Therefore, Osipchuk as evidenced by Sagehashi discloses wherein the first light source (L2) and the second light source (L1) are disposed with respect to the dichroic mirror such that loss of light at the first wavelength at the dichroic mirror is less than loss of light at the second wavelength at the dichroic mirror.
Osipchuk is silent to the detection sensitivity at the photodetector being lower at the first wavelength than at the second wavelength.
Abari teaches a moisture sensing device (Fig. 1, ⁋21) wherein the detection sensitivity at the photodetector is lower at the first wavelength than at the second wavelength (⁋47 detectors have greater sensitivity for light with shorter wavelengths).
It would have been obvious to one of ordinary skill in the art, to adjust Osipchuk device such that detection sensitivity at the photodetector is lower at the first wavelength than at the second wavelength in order to increase signal to noise ratio (Abari ⁋47).
Allowable Subject Matter
Claim 8 is 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 for the reasons set forth in the previous office action (mailed 11/12/2024).
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kaufman (US 2018/0267282 and US 2015/0124336) teaches a device that would read on claim 1, including the optical element including: a reflection surface configured to reflect the reflected light from the target object to direct the reflected light toward the photodetector; and an opening formed on the reflection surface and configured to allow the illumination light to pass through to direct the illumination light toward the target object, wherein the projection optical system has an optical axis toward the target object, wherein the optical element has a first optical axis from the target object to the optical element, and a second optical axis from the optical element toward the photodetector, and wherein the optical element is configured to align the optical axis of the projection optical system with the first optical axis of the optical element (fig. 13A).
Osgood, Hencken, and Petry (US 6,355,934, US 5,953,120, and DE 43 43 076, respectively) all teach a device that would read on claim 1, including the optical element including: a reflection surface configured to reflect the reflected light from the target object to direct the reflected light toward the photodetector; and an opening formed on the reflection surface and configured to allow the illumination light to pass through to direct the illumination light toward the target object, wherein the projection optical system has an optical axis toward the target object, wherein the optical element has a first optical axis from the target object to the optical element, and a second optical axis from the optical element toward the photodetector, and wherein the optical element is configured to align the optical axis of the projection optical system with the first optical axis of the optical element (fig. 1, fig. 1, and fig. 2, respectively).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARA E GEISEL whose telephone number is 571 272 2416. The examiner can normally be reached on Monday-Friday 10am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached on 571 272 2287. The fax phone number for the organization where this application or proceeding is assigned is 571 273 8300.
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September 18, 2025
/KARA E. GEISEL/
Supervisory Patent Examiner
Art Unit 2877
Prosecution Insights