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
Response to Arguments
Applicant's arguments filed 02-06-2025 have been fully considered but they are not persuasive.
For the independent Claims (1, 12, & 18) the applicant argues they have added new limitations that are not met by the art and are allowable. However, for all three of these arguments there are no reasons nor substantive arguments as to why the art doesn’t show the claimed subject matter. Upon review of the art and the new limitations the examiner disagrees with this assessment and the rejection will be amended to show these new limitations.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1-3, 5-7, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Oertel [Oertel et al., US 20170221332 A1] in view of Stolle (Stolle et al., US 6538728 B1, published 2003) in view of Luo [Luo et al., US 20150103350 A1] and further in view of Nero, JR et al (PGPUb 20210302307) (Nero).
Regarding claim 1, Oertel discloses an open path gas detection system [Fig. 1] comprising:
a transmitter [0038 first functional device 1, 0038 radiation source 7 included in 1] configured to generate illumination [0040 radiation 10] across an open path [0037 monitoring area 4; 0013-0014 open path]; and
a receiver positioned to detect the illumination from the transmitter after the illumination has passed through the open path [0040-0041 second functional device 13 which includes radiation detector 14], the receiver being configured to detect a gas of interest based on the illumination [0035 Fig. 1 is gas detection device; 0043 detecting gas; 0047 analysis unit 9 may be integrated in second functional device 13; 13 is receiver; interpretation: analysis units in both transmitter and receiver], wherein the transmitter and receiver are configured to communicate wirelessly [16; 0042-0043 wireless path; radiation 10 sent along axis 15];
wherein the open path gas detection system is configured to dynamically modify a parameter of the transmitter based on illumination detected by the receiver after the illumination passes through the open path [0023-0025 detecting (physical) maladjustment and causing readjustment as a follow-up measure using adjusting device, 0020-0022 detecting temperatures and interrupt reception of radiation under certain temperature conditions];
Further, after the illumination passes through the open path its attenuation can be caused by a weather condition;
Oertel does not teach wherein the receiver includes a compact laser module configured to generate an optical laser signal along the open path to the transmitter, wherein the transmitter and receiver are configured to communicate wirelessly using the compact laser module; wherein the open path gas detection system is configured to detect attenuation of illumination passing through the open path due to a weather condition and responsively dynamically modify a parameter of the illumination generated by the transmitter to compensate for attenuation of the illumination caused by the weather condition;
Stolle teaches an open path gas detection system [Title, Fig. 1] wherein the receiver [2, Detector Unit] includes a compact laser module [10] configured to generate an optical laser signal [15] along the open path to the transmitter [see col. 4 L25-57] wherein the transmitter and receiver are configured to communicate wirelessly using the compact laser module [col. 4 L25-57: so that a direct bidirectional data exchange between the light source unit and the detector unit is made possible].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include in the receiver of Oertel a compact laser module configured to generate an optical laser signal along the open path to the transmitter for calibration purposes [Stolle col. 4 L32-35].
Oertel in view of Stolle still fails to disclose wherein the open path gas detection system is configured to detect attenuation of illumination passing through the open path due to a weather condition and responsively dynamically modify a parameter of the illumination generated by the transmitter to compensate for attenuation of the illumination caused by the weather condition;
Luo teaches a gas detection system [Title] configured to dynamically modify a parameter of the illumination generated by the transmitter [0010 “a) determining whether the output of the fiber laser is stable, if it is not stable, outputting a first feedback control signal to adjust the power output of the pump source until it is stable”];
Further, Nero teaches that weather conditions such as Fog can cause attenuation of a detection in an open path gas detection system to the point of being unreliable (Paragraphs 36 & 37);
Thus, in combination it would be obvious to monitor the attenuation caused by weather and to adjust the intensity output of the light source based upon that measurement;
Therefore, it would be obvious to one of ordinary skill at the time the invention was filed to modify Oertel in view of Stolle with wherein the open path gas detection system is configured to detect attenuation of illumination passing through the open path due to a weather condition and responsively dynamically modify a parameter of the illumination generated by the transmitter to compensate for attenuation of the illumination caused by the weather condition because this would allow for the adjustment of the parameter of the illumination source to remedy this attenuation and remedying the attenuation allows for achieving a gas detection method with high sensitivity and precision [Luo 0018].
Regarding claim 2, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 1, wherein wireless communication between the transmitter and the receiver is optical communication over the open path [Oertel 0040 radiation 10 may be light radiation; 0038-0040 camera 8 records images].
Regarding claim 3, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 1, wherein wireless communication between the transmitter and the receiver is bi-directional [Oertel radiation 10 from 7 to 14; 0042 14 sends signals wirelessly to analysis unit 9; thus, first functional device 1 and 14 communicate bi-directionally].
Regarding claim 5, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 1. Further, the limitation, “wherein the weather condition being one of rain, fog, mist, and snow,” is met since these conditions can attenuate the illumination in an open path gas detection system.
Regarding claim 6, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 5, wherein the intensity of the illumination generated by the transmitter is increased [Luo 0046 increasing output power].
Regarding claim 7, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 1, wherein the compact laser module is configured to generate an IR laser pulse [Oertel 0006 laser, 0019 infrared light sources].
Regarding claim 9, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 1, wherein the transmitter is configured to detect the optical laser signal from the receiver [Stolle col.4 L25-30].
Regarding claim 11, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 1, wherein at least one of the transmitter and the receiver includes an explosion-proof housing [Oertel Abstract: camera 8 (Fig. 1); 0028 camera in explosion-proof housing].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Oertel in view of Stolle in view of Luo and Nero in view of Ottesen et al (US PAT 5,984,998) (Ottesen).
Regarding claim 10, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 9, but not wherein the compact laser module complies with Class 1 laser standard.
Ottesen teaches a gas sensor [Title, Fig. 1] wherein the laser complies with Class 1 laser standard [col. 6 L34-41].
Therefore, It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the compact laser module of Oertel in view of Stolle in view of Luo comply with Class 1 laser standard to ensure a non-hazardous beam [Ottesen col. 6 L34-41].
Claims 12-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Oertel in view of Luo in view of Stolle.
Regarding claim 12, Oertel discloses a transceiver for detecting a gas along an open path [0038 first functional device 1, Fig. 1], the transceiver comprising:
an explosion-proof housing [0039 housing 6, 0028 explosion-proof housing];
a controller disposed within the explosion-proof housing [0308 analysis unit 9];
a compact laser module disposed within the explosion-proof housing and operably coupled to the controller [0038 radiation source 7; 0006 laser];
an optical detector operably coupled to the controller [0038 camera 8]; wherein the controller is configured to communicate wirelessly [0042 wireless transmission path 16; radiation 10 sent along axis 15] with a remote transceiver [0040 second functional device 13] to detect the gas along the open path [0035 Fig. 1 is gas detection device; 0043 detecting gas];
wherein the controller is configured to automatically detect environmental interference from a weather condition [0020 detecting if surface temperatures are beyond limit using images; 0021 linking fault indication with images automatically by analysis unit integrated in reception site, Further temperature can be considered a weather condition] and wirelessly communicate with the remote transceiver [0042 wireless transmission path 16; radiation 10 sent along axis 15]; and
wherein the transceiver is configured to pair with the remote transceiver [Oertel 0042 signals from 14 sent via path 16 to analysis unit 9]
Oertel does not disclose wherein the controller is configured to responsively control the compact laser module to compensate for the environmental interference from a weather condition.
Luo teaches a gas detection system [Title] configured to responsively control the compact laser module to compensate for the environmental interference [0027 “The system eliminates the interferences to measurement caused by the intensity fluctuation and the environmental interferences, so as to implement accurate measurement of the gas to be detected”; 0010 “a) determining whether the output of the fiber laser is stable, if it is not stable, outputting a first feedback control signal to adjust the power output of the pump source until it is stable”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to dynamically modify a parameter of the illumination in order to achieve a gas detection method with high sensitivity and precision [Luo 0018].
Oertel in view of Luo does not disclose wherein the transceiver is configured to pair with the remote transceiver such that transceiver and the paired remote transceiver have synchronized timers; and wherein pairing allows the transceiver and the remote transceiver to share a pre-defined time frame in which the transceiver will transmit an optical pulse to the remote transceiver along the open path;
Stolle teaches wherein the transceiver is configured to pair with the remote transceiver such that transceiver and the paired remote transceiver have synchronized timers [Stolle col. 4 L41-42: “synchronizing the control and evaluation device in the detector unit with the tuning ramp that triggers the laser diode and that is monitored by the control and evaluation device in the light source unit.”, emphasis added];
Further, by synchronizing the control and evaluation device in the detector unit with the tuning ramp that triggers the laser diode in the light source unit this is communicating a pre-defined time frame in which the transceiver will transmit an optical pulse since the ramp defines when and how long the pulse will transmit to the detector. Thus, the limitation, “wherein pairing allows the transceiver and the remote transceiver to share a pre-defined time frame in which the transceiver will transmit an optical pulse to the remote transceiver along the open path,” is met;
Therefore, It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have wherein the transceiver is configured to pair with the remote transceiver; and wherein pairing allows the transceiver and the remote transceiver to share a pre-defined time frame in which the transceiver will transmit an optical pulse to the remote transceiver along the open path such that transceiver and the paired remote transceiver have synchronized timers for calibration purposes [Stolle col. 4 L32-35].
Regarding claim 13, Oertel in view of Luo in view of Stolle discloses the transceiver of claim 12, wherein the controller is configured to communicate wirelessly with the remote transceiver using optical communication via the compact laser module and the optical detector [Oertel radiation source 7 connected to analysis unit 9, 0040 7 emits light radiation, 0042 14 detects radiation 10 from 7, 0045 use camera 8 to infer cause of interruption in the reception of radiation by 14].
Regarding claim 15, Oertel in view of Luo in view of Stolle discloses the transceiver of claim 12, wherein the compact laser module is configured to generate an IR laser beam along the open path [Oertel 0006 laser, 0019 infrared light sources].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Oertel in view of Luo in view of Stolle in view of Ottesen.
Regarding claim 14, Oertel in view of Luo in view of Stolle discloses the transceiver of claim 12, but not wherein the compact laser module is a Class 1 laser device.
Ottesen teaches a gas sensor [Title, Fig. 1] wherein the laser is a class 1 laser device [col. 6 L34-41].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have wherein the compact laser module of Oertel in view of Luo in view of Stolle be a Class 1 laser device to ensure a non-hazardous beam [Ottesen col. 6 L34-41].
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Oertel in view of Rubin [Rubin et al., US 5418366 A, published 1995] in view of Luo and further in view of Nero, JR et al (PGPUb 20210302307) (Nero) in view of Stolle (Stolle et al., US 6538728 B1, published 2003).
Regarding claim 18, Oertel discloses a method of operating an active, bi-directional open path gas detection system [Fig. 1 interpreted as system], the method comprising:
generating a signal transmission start that causes a transmitter to begin transmission of an optical pulse during a pre-defined timeframe [0040 radiation source 7];
obtaining an optical signal with a receiver [0040-0041 second functional device 13 which includes radiation detector 14] during the pre-defined timeframe [0041 receiving radiation 10];
analyzing a received optical signal from the receiver to detect a gas based on spectral characteristics of the optical signal [0043 detecting gas based on analysis, 0042 analysis based on detection of spectral components];
analyzing the optical signal to detect a signal variation from a weather conditon [0020-0022 detecting temperatures and interrupt reception of radiation under certain temperature conditions, temperature conditions can be construed as weather conditions]; and
generating an output indicative of the detected gas [0043 concrete information concerning the species of the detected gas];
Oertel does not explicitly disclose a predefined timeframe. Oertel does not disclose opening an integration window of the receiver for the pre-defined timeframe.
Rubin teaches opening an integration window [col. 11 L60-65 “(41) The data processor 38 integrates the output signals from the detectors 32 during the intervals that the photodetectors 32 are unblocked by the chopper 22. In this manner the outputs of the photodetectors 32 are periodically sampled and processed.”] of the receiver for the pre-defined timeframe [col.12 L3-5 predetermined length of time].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the integration window of Rubin for accuracy [Rubin col. 12 L3-6 “This operation is performed for a predetermined length of time, for example one-half second, which is sufficient for the system 10 to produce an accurate measurement.”]
Oertel in view of Rubin does not disclose responsively adjusting a parameter of the optical pulse based on the detected weather condition;
Luo teaches responsively adjusting a parameter of the optical pulse based on an additional parameter of interest [0027 “The system eliminates the interferences to measurement caused by the intensity fluctuation and the environmental interferences, so as to implement accurate measurement of the gas to be detected”; 0010 “a) determining whether the output of the fiber laser is stable, if it is not stable, outputting a first feedback control signal to adjust the power output of the pump source until it is stable”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to responsively adjust a parameter of the optical pulse based on an additional parameter of interest in order to achieve a gas detection method with high sensitivity and precision [Luo 0018];
Oertel in view of Rubin and Luo does not disclose responsively analyzing the received optical signal to detect signal attenuation from a weather condition;
However, Nero teaches that weather conditions such as Fog can cause attenuation of a detection in an open path gas detection system to the point of being unreliable (Paragraphs 36 & 37);
Therefore, it would be obvious to one of ordinary skill at the time the invention was filed to modify Oertel in view of Rubin and Luo with analyzing the received optical signal to detect signal attenuation from a weather condition because this would allow for the adjustment of the parameter of the illumination source to remedy this attenuation;
Oertel as modified by Rubin, Luo, and Nero still fails to explicitly disclose synchronizing timers of a transmitter and a receiver; and sharing, between the transmitter and the receiver, a pre-defined timeframe within which the transmitter will transmit an optical pulse to the receiver;
However, Stolle teaches wherein the transceiver is configured to pair with the remote transceiver such that transceiver and the paired remote transceiver have synchronized timers [Stolle col. 4 L41-42: “synchronizing the control and evaluation device in the detector unit with the tuning ramp that triggers the laser diode and that is monitored by the control and evaluation device in the light source unit.”, emphasis added];
Further, by synchronizing the control and evaluation device in the detector unit with the tuning ramp that triggers the laser diode in the light source unit this is communicating a pre-defined time frame in which the transceiver will transmit an optical pulse since the ramp defines when and how long the pulse will transmit to the detector. Thus, the limitation, “sharing, between the transmitter and the receiver, a pre-defined timeframe within which the transmitter will transmit an optical pulse to the receiver,” is met;
Therefore, It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have synchronizing timers of a transmitter and a receiver; and sharing, between the transmitter and the receiver, a pre-defined timeframe within which the transmitter will transmit an optical pulse to the receiver such that transceiver and the paired remote transceiver have synchronized timers for calibration purposes [Stolle col. 4 L32-35].
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Oertel in view of Stolle in view of Luo and Nero and further in view of Nunally [US 20060165127 A1, published 2006].
Regarding claim 21, Oertel in view of Stolle in view of Luo and Nero discloses the open path gas detection system of claim 1.
Oertel in view of Luo is silent regarding wherein the parameter of the transmitter is pulse repetition frequency.
Stolle teaches frequency modulation in order to compensate for zero drift and increase sensitivities [col.2 L29-33], but does not explicitly disclose pulse repetition frequency.
Nunally teaches wherein the parameter of the transmitter is pulse repetition frequency (PRF) [0049, modulating PRF: “One embodiment of a pseudo-random PRF modulation technique may include a UWB pulse envelope that is shaped by a process to distortion mapping to pre-condition and compensate for multi-path, distortion, interference frequency components that the natural gas line may naturally introduce or attenuate”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have wherein the parameter of the transmitter is pulse repetition frequency (PRF) in order to pre-condition and compensate for multi-path, distortion, interference frequency components which are otherwise attenuated [Nunally 0049].
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Oertel in view of Luo in view of Stolle in view of Nunally.
Regarding claim 22, Oertel in view of Luo in view of Stolle discloses the transceiver of claim 12.
Oertel in view of Luo does not disclose wherein the parameter is pulse repetition frequency.
Nunally teaches wherein the parameter is pulse repetition frequency (PRF) [0049, modulating PRF: “One embodiment of a pseudo-random PRF modulation technique may include a UWB pulse envelope that is shaped by a process to distortion mapping to pre-condition and compensate for multi-path, distortion, interference frequency components that the natural gas line may naturally introduce or attenuate”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have wherein the parameter is pulse repetition frequency (PRF) in order to pre-condition and compensate for multi-path, distortion, interference frequency components which are otherwise attenuated [Nunally 0049].
Claims 23 & 24 are rejected under 35 U.S.C. 103 as being unpatentable over Oertel in view of Rubin in view of Luo and Nero and Stolle and further in view of Mackinnon et al (PGPub 2004/0227935) (Mackinnon);
Regarding claims 23 & 24, Oertel as modified by Rubin, Luo, Nero, and Stolle discloses the aforementioned but fails to explicitly disclose measuring a signal level during a known period of zero signal to obtain an indication of background noise; and measuring a signal level during a known period of zero signal to obtain an indication of cross-talk;
However, MacKinnon discloses measuring a signal level during a known period of zero signal to obtain an indication of background noise (Paragraph 69);
Further, Cross-talk is an unwanted signal from another light source thus it would also be part of the background noise and would be obvious in light of the disclosure of measuring the background;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Oertel as modified by Rubin, Luo, Nero, and Stolle with measuring a signal level during a known period of zero signal to obtain an indication of background noise; and measuring a signal level during a known period of zero signal to obtain an indication of cross-talk because this allows for a subtraction of the background noise from the measurement signal and thus provide a more accurate intensity measurement of the signal.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHON COOK whose telephone number is (571)270-1323. The examiner can normally be reached 11am-7pm.
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/JONATHON COOK/Examiner, Art Unit 2877 April 17, 2026
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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