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 .
Request for Interview
In view of the foregoing instant office action, it is respectfully submitted that if Applicant has any questions or concerns with said instant office action, the Examiner respectfully invites Applicant to contact the Examiner at the telephone number appearing below.
Response to Amendment
Applicant amends claims 1, 11 and 13, and cancels claim 10 without prejudice or disclaimer. Accordingly, claims 1, 3 and 11-14 remain pending. The disclosure as filed fully supports the above amendments, for example, original claim 10, FIG. 7 of the drawings and page 29, line 25 to page 31, line 7 of the specification.
Response to Arguments
Applicant’s arguments with respect to the independent claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 and 11 - 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Silva et al. (Nd3+ doped TiO2 nanocrystals as self-referenced optical nanothermometer operating within the biological windows; Sensors and Actuators A: Physical, Volume 317, 2021, pages 1-9) in view of Sidiroglou et al. (Effects of high temperature heat treatment on Nd3+-doped optical fibers for use in fluorescence intensity ratio-based temperature sensing; Review of Scientific Instruments 74(7), pp.3524-3530 (2003)), Sandford et al. (WO 2014/058919 A4) , Kleinerman (US Patent No. 4,708,494 A) and further in view of Wickersheim (US Patent No. 4,448,547 A).
With regards to claims 1 and 11, Silva discloses a temperature measurement method using an intensity ratio of fluorescence signals generated according to an energy level difference of rare earth ions excited by pump light (3. Results and discussions; pages 2 – 7) (Figure 1 + caption; page 2),
notice how Fig. 3a displays normalized emission spectra of TiO2:10Nd3+NCs at four different temperatures (298, 313, 328, and 343 K), under excitation at 808 nm (Figure 1 + caption; page 2) (3. Results and discussions; pages 2 – 7) (See equations 4 and 5; Page 4),
wherein the intensity ratio (FIR = I1060 nm/I1340 nm) wis an intensity ratio between a first fluorescence signal and a second fluorescence signal (Abstract),
the first fluorescence signal is generated by a first energy transition from a first energy level to a second energy level that is lower than the first energy level, and the second fluorescence signal is generated by a second energy transition from the first energy level to a third energy level that is lower than the first energy level and is different from the second energy level, notice the corresponding transitions 4F3/2→4I9/2, 4F3/2→4I11/2 and 4F3/2→4I13/2 of the Nd3+ions (Page 3, bottom left) (Figs. 1, 3a and 3b)),
wherein the rare earth ions are Nd3+ ions (Abstract), and
wherein the first energy level is 4F3/2, the second energy level is 4I11/2, and
the third energy level is 4I13/2. (i.e., notice that the three bands observed at around 900 nm, 1060 nm, and 1340 nm are well-known and assigned to the corresponding transitions 4F3/2→4I9/2, 4F3/2→4I11/2 and 4F3/2→4I13/2 of the Nd3+ions (Page 3, bottom left) (Fig. 3b)).
See Figures 1, 3a and 3b inserted below.
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Notice how Silva discloses a temperature measurement method using a fluorescence intensity ratio (FIR) corresponding to the emissions at 1060 nm and 1340 nm (FIR = I1060 nm/I1340 nm) as a function of the temperature in the range of 300−343 K in combination with the rest of what was cited in the rejection of claim 1, but fails to expressly teach, wherein an intensity ratio graph of the fluorescence signals is fitted to any one or more functions of a polynomial function, an exponential function, and a logarithmic function.
F. Sidiroglou teaches a FIR temperature sensing technique utilizing the thermal coupling that exists between closely spaced energy levels of certain materials, including those containing rare earth ions such as Nd3+ ions (Abstract) (II. Theoretical Background and Experimental Arrangements; A. Fluorescence Intensity Ratio). Most importantly, Sidroglou teaches that fluorescence emission intensities, of such thermally coupled energy levels have been shown to follow a Boltzmann distribution including exponential and polynomial functions (See equation 1; page 3527). Therefore, temperature readings can be deduced from measurements of the ratio of the emitted fluorescence intensity from two such energy levels (A. Fluorescence Intensity Ratio).
Sandord teaches that luminescent signal change may be substantially defined by exponential, sigmoidal, logs, logistic and other mathematically define curve fits [0069] see all equations and fits [0138] – [[0142] (Equations 1 and 2).
Kleinerman teaches a system of optical thermometry which includes some basic features of the present invention. The environment 1 whose temperature is being measured is placed in a heat flow relationship with a temperature sensor 10, said sensor consisting of one of the luminescent materials disclosed hereinafter, characterized by a temperature-dependent absorption coefficient when excited with light within a defined spectral region, said light being produced by light source 12. This excitation light is directed to sensor 10 through the dichroic beam splitter 14 and the light-carrying assembly 16. The beam splitter 14 is characterized by transmitting most of the excitation light incident on it and by reflecting most of the luminescent light emitted by the sensor. The intensity of the luminescence light beam, filtered by optical filter 22, is measure by photodetector 24, and the intensity of the transmitted excitation light, filtered by optical filter 26, is measured by photodetector 28. The photosignals from detectors 24 and 28 are ratioed at the electronic divider 30. The resulting ratio is a unique function of temperature for a given sensor, independent of any change in the light source output. The sensor temperature, which is also the temperature of environment 1, is displayed at the readout device 32 (Col. 5, Line 48 to Col. 6, Line 50).
Wickersheim relates to optical temperature measurements. FIG. 6 shows another form of the filter and detector 103 of FIG. 4. In the form of FIG. 6, a beam splitter or dichroic mirror 90 is positioned in the path of the phosphor fluorescent emission beam 85 so that known fractions of the intensity of the beam go in each of two directions. One direction is through a filter 115 and onto a single detector 116 to develop an electrical signal 110'. The other path is through a filter 113 onto a second detector 114 to develop a signal 109'. Each of the filters 113 and 115 are selected to permit one or the other of two selected emission spectral lines to pass therethrough and onto their respective detectors. The output signals in the lines 109 and 110 of FIGS. 4 and 5, and 109' and 110' of FIG. 6, are applied to appropriate signal processing and readout circuits as described with respect to blocks 120 and 140 of FIG. 1. The read-out device would depend, of course, upon the type of detector used, being a television display system or video storage medium if the detector 107 is a television camera (Col. 5, Line 35 to Col. 6, Lines 21), (Col. 13, Line 10 to 65) (Col. 14, Line 12 – 31) (Figure 6 and 8).
In view of the utility, to provide an accurate and reliable measurement of temperature across an extremely wide range when needed, it would be obvious to a person of ordinary skill in the art at the time the invention was made to modify Silva to include the teachings such as that taught by Sidiroglou, Sandord, Kleinerman and Wickersheim.
With regards to claim 3, Silva discloses using the intensity ratio of the fluorescence signals (FIR = I1060 nm/I1340 nm) (Abstract),
wherein wavelengths of the fluorescence signals are 60 nm or more spaced apart from a wavelength of the pump light {1060-808] > 60nm and [1340-808] > 60nm (Abstract).
With regards to claim 12, Silva discloses a temperature sensor including material comprising luminescence properties and on a relative thermal sensitivity of rare earth ions Nd3+doped TiO2 nanocrystals (TiO2:Nd3+), operating with excitation and emissions within the first and second biological windows, respectively (Conclusion; page 7).
Silva fails to expressly disclose that an optical fiber guide coupled to the other end of the temperature sensor probe.
Sidiroglou teaches a FIR temperature sensing technique utilizing the thermal coupling that exists between closely spaced energy levels of certain materials, including those containing rare earth ions such as Nd3+ ions (Abstract) (II. Theoretical Background and Experimental Arrangements; A. Fluorescence Intensity Ratio).
Sidiroglou further discloses that the measurement properties of a fluorescence intensity ratio based optical fiber temperature sensor, uses Nd3+-doped fiber as the sensing material (Abstract). As shown in Fig. 2 the doped fiber under test was connected to one of the output arms (arm 1) of a 4-port optical fiber coupler (50/50 split ratio at 825 nm). A section of standard telecommunications fiber was spliced between the end of the coupler arm and the doped fiber section to allow the tests on the doped fiber to be made at a remote location (Page 3528).
In view of the utility, in order to attach the optical material at the distal end of the fiber and use the fiber to guide back to the detectors and to further provide an accurate and reliable measurement of temperature across an extremely wide range when needed (Page 3536), it would be obvious to a person of ordinary skill in the art at the time the invention was made to modify Silva to include the teachings such as that taught by Sidiroglou.
With regards to claim 13, Silva discloses an 808nm laser excitation pump light source for forming pump light exciting the rare earth ions (i.e., Nd3+doped TiO2 nanocrystals; Abstract) (Figure 1 caption); a photo detector (i.e., the fluorimeter detector sensitive to 300-1700 nm) used in all the experiments was a photomultiplier tube R5509-73) for measuring the fluorescence signals generated from the optical material (i.e., the rare earth ions); and an analyzer (i.e., relative thermal sensitivity Sr(T) and φT(T)) for analyzing the fluorescence signals received through the photo detector (PMT) (3. Results and discussions; pages 4 -6).
Silva fails to expressly disclose the light source and photo detector used through the optical fiber guide.
Sidiroglou further discloses that the measurement properties of a fluorescence intensity ratio based optical fiber temperature sensor, uses Nd3+-doped fiber as the sensing material (Abstract). As shown in Fig. 2 the doped fiber under test was connected to one of the output arms (arm 1) of a 4-port optical fiber coupler (50/50 split ratio at 825 nm). A section of standard telecommunications fiber was spliced between the end of the coupler arm and the doped fiber section to allow the tests on the doped fiber to be made at a remote location (Page 3528).
In view of the utility, in order to attach the optical material at the distal end of the fiber and use the fiber to guide back to the detectors and to further provide an accurate and reliable measurement of temperature across an extremely wide range when needed (Page 3536), it would be obvious to a person of ordinary skill in the art at the time the invention was made to modify Silva to include the teachings such as that taught by Sidiroglou.
With regards to claim 14, Silva discloses using the intensity ratio of the fluorescence signals (FIR = I1060 nm/I1340 nm) (Abstract),
wherein wavelengths of the fluorescence signals are 60 nm or more spaced apart from a wavelength of the pump light {1060-808] > 60nm and [1340-808] > 60nm (Abstract).
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 DJURA MALEVIC whose telephone number is (571)272-5975. The examiner can normally be reached M-F (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alam Uzma can be reached at (571) 272 - 3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DJURA MALEVIC/ Examiner, Art Unit 2884 /UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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