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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/16/2026 has been entered.
Response to Amendment
The Amendment filed 04/03/2026 has been entered. Claims 1-6, 9, 11, 13, 16-17, 24, 28, 30, and 37-39 remain pending in the application. Claims 37-38 are withdrawn. Applicant’s amendments to the claims have overcome each and every 112(a) and 112(b) rejections previously set forth in the Final Office Action mailed 02/05/2026. New grounds of rejections necessitated by amendments are discussed below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 9, 11, 13, 16-17, 24, 28, 30, and 39 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, claim 1 recites the new limitation of “angled pillars…cooperating with the one or more first baffles to form a multistage optical labyrinth configured to suppress stray light propagation toward the optical detector”. While the specification discloses the angled pillars to block a portion of light (page 43, lines 26-33; page 44, lines 15-25) and the drawings discloses the angled pillars (Figs. 21a-21b, element 2107), the disclosure fails to describe “angled pillars…cooperating with the one or more first baffles to form a multistage optical labyrinth configured to suppress stray light propagation toward the optical detector”. Therefore, the claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 2-6, 9, 11, 13, 16-17, 24, 28, 30, and 39 are rejected by virtue of their dependency on claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 11, 13, 16, 28, 30 and 39 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fang et al. (US 20200225147 A1; effectively filed 01/10/2019).
Regarding claim 1, Fang teaches an optical module (abstract; Figs. 1-6) for reading a test region of an assay (abstract and paragraph [0002]), the optical module comprising:
a first light source (Figs. 1, 4 and paragraph [0225], first light-emitting element 101) for illuminating the test region of the assay (interpreted as an intended use of the first light source, MPEP 2114; paragraph [0225] teaches the first light-emitting element illuminates the testing area 403 of the testing element);
an optical detector (Figs. 1, 4 and paragraph [0225], photodetector 201), comprising an optical input for receiving light emitted from the test region of the assay (paragraph [0225] teaches the photodetector receives light from the areas of the testing element, therefore comprises an optical input capable of performing the intended use) and an electrical output (paragraph [0219] teaches the photodetector forms an electrical signal, therefore comprises an electrical output in order for electrical signal to be analyzed from the photodetector);
a substrate (Figs. 4-5 and paragraph [0270] teaches a base board 60) for mounting the first light source and the optical detector (Figs. 4-5 and paragraph [0270] teaches the light emitting elements and photodetector are located on the base board 60, therefore the base board is for mounting the light source and optical detector);
a housing (Figs. 1-5 shows elements of a housing comprising base frame 70, upper casing 80, lower casing 90, cover body 100, and light blocking elements 301, 302, 303) defining a first opening (Figs. 2-3, gap 50 comprising gaps 503,501) for providing a first optical path from the first light source to the test region (Figs. 1-3 and paragraph [0256]) and from the test region to the optical detector (Figs. 1-3 and paragraph [0256]); and
wherein the housing (Figs. 1-5 shows elements of a housing comprising base frame 70, upper casing 80, lower casing 90, cover body 100, and light blocking elements 301, 302, 303) and the substrate (Figs. 4-5 and paragraph [0270] teaches a base board 60) enclose and positionally align the first light source and the optical detector relative to the first opening (Figs. 1, 4-5 and paragraph [0271] teaches the housing supports the components and protects from influence of external environment, therefore the housing and substrate enclose and positionally align the light source and photodetector relative to the first opening to properly function as shown in Figs. 1 and 4);
a second light source (Figs. 1, 4 and paragraph [0225], second light-emitting element 102) for illuminating a control region of the assay (interpreted as an intended use of the first light source, MPEP 2114; paragraph [0225] teaches the second light-emitting element illuminates the control area 405 of the testing element);
wherein the second light source is mounted on the substrate (Figs. 4-5 and paragraph [0270] teaches the light emitting elements are located on the base board 60, therefore the second light source is mounted on the substrate),
wherein the housing comprises a second opening (Figs. 2-3, gap 50 comprising gaps 502,504) for providing a second optical path from the second light source to the control region (Figs. 1-3, paragraph [0256]) and from the control region to the optical detector (Figs. 1-3 and paragraph [0256]), and
wherein the housing and the substrate further enclose and positionally align the second light source relative to the first and second openings, and the optical detector (Figs. 1, 4-5 and paragraph [0271] teaches the housing supports the components and protects from influence of external environment, therefore the housing and substrate enclose and positionally align the second light source relative to the first and second openings and optical detector to properly function as shown in Figs. 1 and 4);
one or more first baffles (Figs. 1-3, light blocking element 301) positioned on the substrate (Fig. 1 shows the assembled system where the light blocking element 301 is positioned on the substrate where the light sources and photodetector are positioned) between the optical detector and the first light source (Fig. 1) to block direct propagation of light from the first light source to the optical detector (Fig. 1 and paragraph [0220] teaches the light blocking element prevents direct propagation of light from the first light source to the photodetector); and
angled pillars (Figs. 2-3 teaches pillar structures 304,305 which have an angle, e.g. 90 degree angle) integrally formed with the housing (Figs. 2-3, 5, 7-8 teaches pillar structures 304,305 are integrally formed with the base frame 70, which is interpreted as part of the housing) and cooperating with the one or more first baffles to form a multistage optical labyrinth (Figs. 2-3 teaches the pillar structures 304,305 cooperates, i.e. works with or is associated with, the light blocking element 301 to form a multistage optical labyrinth that includes various optical pathways, such as elements 503,501) configured to suppress stray light propagation toward the optical detector (Fig. 1 and paragraph [0220] teaches the light blocking elements, i.e. elements 304, 305, 301, prevents direct propagation of light from the first light source to the photodetector; paragraph [0009] teaches the apparatus avoids influence of other stray lights; therefore, the elements 304,305, 301 are capable of suppressing stray light propagation towards photodetector 201).
Regarding claim 2, Fang further teaches wherein one or more walls of the housing (Figs. 1-5, interpreted as the walls of the housing which comprises base frame 70, upper casing 80, lower casing 90, cover body 100, and light blocking elements 301, 302, 303) comprise a shaped surface configured to receive the substrate in a predetermined position to provide positional alignment (Fig. 5 and paragraphs [0270] and [0281] teaches the base board 60, i.e. substrate, and the base frame 70 are detachably connected, combined or united; therefore, it is implied that the walls of the housing, i.e. the walls at least the base frame 70, comprises at least a shaped surface to allow for detachably connection of the base board).
Regarding claim 11, Fang further teaches the optical module of claim 1 comprising: a blocking portion (Figs. 2-3 and paragraph [0254], interpreted as an upper portion of light blocking element 304, i.e. pillar, which is capable of blocking light) positioned in the first optical path (Fig. 3 and paragraph [0254] teaches the light blocking element 304 is positioned to block light from the first light-emitting element, therefore is in the first optical path) configured to block a portion of light incident on or reflected by the test region to reduce an intensity of the light received by the optical detector (interpreted as a functional limitation of the blocking portion, see MPEP 2114; Fig. 3 and paragraph [0254] teaches the upper portion of the light blocking element 304 blocks the light emitted by the first light-emitting element 101 from illuminating the testing area in front of the testing area of the testing element; therefore, is capable of performing the claimed functional limitation).
Regarding claim 13, Fang further teaches the optical module of claim 11, wherein the blocking portion (Figs. 2-3 and paragraph [0254], interpreted as an upper portion of light blocking element 304, i.e. pillar, which is capable of blocking light) is positioned between an inside surface of the housing and the one or more first baffles (Figs. 2-3 teaches the upper portion of the light blocking element 304 is optically positioned between various inside surfaces of the housing, which includes surfaces of base frame 70, upper casing 80, lower casing 90, cover body 100, and the light blocking element 301, i.e. first baffle) and blocks a central portion of an optical axis of the first optical path (Fig. 3 and paragraph [0254] teaches the upper portion of the light blocking element 304 blocks the light emitted by the first light-emitting element 101 from illuminating the testing area in front of the testing area of the testing element; therefore, the upper portion of the light blocking element 304 blocks a central portion of an optical axis of the first optical path, i.e. the optical path of from first light source 101 to the test region).
Regarding claim 16, Fang further teaches the optical module of claim 1, comprising: one or more second baffles (Figs. 1-3, second light blocking element 302) positioned on an inside surface of the housing (Figs. 1-3 shows second light blocking element 302 is positioned on at least an inside surface of base frame 70) between the first and second openings (Figs. 1-3) to block propagation of light from the first light source to the control region (interpreted as an intended use, see MPEP 2114; Figs. 1-3 and paragraph [0242] teaches the second light blocking element 302 blocks light emitted from the first light-emitting element 101 from illuminating between the testing area and control area; paragraph [0248] teaches the second light blocking element 302 separates the testing area from the control area; therefore is capable of blocking the first light source to the control region) and to block propagation of light from the second light source to the test region (interpreted as an intended use, see MPEP 2114; Figs. 1-3 and paragraph [0248] teaches the second light blocking element 302 separates the testing area from the control area, and therefore is capable of blocking light emitted from the second light-emitting element 102 from illuminating the test area).
Regarding claim 28, Fang further teaches the optical module of claim 1, wherein the first light source (Figs. 1, 4 and paragraph [0225], first light-emitting element 101), the optical detector (Figs. 1, 4 and paragraph [0225], photodetector 201) and the second light source (Figs. 1, 4 and paragraph [0225], second light-emitting element 102), and/or an electrical signal processor (the “electrical signal processor” is interpreted as not required due to the “and/or” statement; paragraph [0338] teaches “processor”) are provided adjacent to one another in a first planar arrangement (Fig. 1 shows the light sources and photodetector are provided adjacent to one another in a planar arrangement), wherein the first (Figs. 2-3, gap 50 comprising gaps 503,501) and where present the second openings (Figs. 2-3, gap 50 comprising gaps 502,504) are provided in a second planar arrangement parallel to and facing the first planar arrangement (Figs. 1-3 shows the gaps 50 are in a planar arrangement parallel to the arrangement of the planar arrangement of the light sources and photodetector).
Regarding claim 30, Fang further teaches an assay reader device (Figs. 1-5; abstract, “reading apparatus for reading an assay result on a testing element”) comprising the optical module of claim 1 (see above claim 1; abstract; Figs. 1-6).
Regarding claim 39, Fang further teaches the optical module of claim 16, wherein the first (Figs. 1-3, light blocking element 301) and second baffles (Figs. 1-3, second light blocking element 302) are at least partially directly under the first and second openings, respectively (Figs. 1-3 teaches light blocking element 301 is at least partially directly under gap 50 comprising gaps 503,501, i.e. first opening, and second light blocking element 302 is at least partially directly under gap 50 comprising gaps 502,504, i.e. second opening)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Fang as applied to claim 2 above, and further in view of Patwardham (US 20170087549 A1).
Regarding claim 3, while Fang teaches the base board, i.e. substrate, and the base frame are detachably connected, combined or united (Fig. 5 and paragraphs [0270] and [0281]) and elements can be detachably combined together by a snap to facilitate assembly (paragraph [0346]), Fang fails to explicitly teach: wherein the shaped surface comprises one or more of a step, slot, and/or bevel on one or more surfaces of said one or more walls of the housing.
Patwardham teaches a system for detecting a blood analyte includes a lateral flow test strip and a test strip holder (abstract). Patwardham teaches a lid includes wings and snaps into the base; a lid including ribs for holding a lateral flow test strip in place; or a slot for receiving the lateral flow test strip and the test strip holder combination, where the reading window aligns with a sensor (paragraph [0003]). Patwardham teaches the base (Fig. 3, element 110) comprising a shaped surface comprises a step, slot, and/or bevel (see annotated Fig. 3 below, arrows pointing to a structure comprising a structural step, slot and/or bevel), wherein the lid snaps into the base with beveled wings for ease of manufacturability (paragraph [0020]).
Since Patwardham teaches attachment of elements for an analysis device involving a test strip, similar to Fang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaped surface of Fang to incorporate the teachings of a base comprising a shaped surface comprises a step, slot, and/or bevel (see annotated Fig. 3 below) to provide: wherein the shaped surface comprises one or more of a step, slot, and/or bevel on one or more surfaces of said one or more walls of the housing. Doing so would have a reasonable expectation of successfully improving and allowing for ease of manufacturability for detachably connecting and aligning desired elements together as taught by Patwardham (paragraphs [0003], [0020]).
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Annotated Fig. 5 of Patwardham: Arrows pointing to two of four structural step, slot and/or bevel.
Regarding claim 4, Fang further teaches wherein the housing (Figs. 1-5, the housing comprises base frame 70, upper casing 80, lower casing 90, cover body 100, and light blocking elements 301, 302, 303) comprises one or more legs extending from a first and/or second outer surface of the housing in a vertical direction (see annotated Fig. 5 below; Fang teaches the base frame 70 comprises at least one leg extending from an outer surface of the base frame in a vertical direction; Fig. 4 additionally shows a close up view of base frame 70 in an upside down position, which shows at least two of the legs).
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Annotated Fig. 5 of Fang: arrows pointing to the one or more legs.
Claims 5-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Fang in view of Patwardham as applied to claim 4 above, and further in view of David et al. (US 20140179505 A1).
Regarding claim 5, Fang further teaches wherein one or more of the one or more legs comprises a hook portion (see annotated Fig. 4 below; the leg portion comprises a hook shaped element).
While Fang teaches the base board, i.e. substrate, and the base frame are detachably connected, combined or united (Fig. 5 and paragraphs [0270] and [0281]) and elements can be detachably combined together by a snap to facilitate assembly (paragraph [0346]), modified Fang fails to explicitly teach: wherein one or more of the one or more legs comprises a flexible hook portion.
David teaches a centrifuge insert for sample holders (abstract). David teaches: an advantageous embodiment of the clip connection, at least one snap hook is arranged at the carrier which engages a corresponding recess of the body, wherein the snap hook is laterally arranged at the carrier and extends substantially vertically with respect to the base of the centrifuge insert; thus, the clip connection can be build up in a particularly simple constructive manner; and the recess is designed as an opening, whereby the snap hook can be easily pressed out of the recess by the user; wherein this flexibility of the snap hook is a result of its dimensioning (paragraph [0015]). David teaches the connection is a detachable connection (paragraph [0017]).
Since David teaches structures for detachable connection of elements, similar to Fang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more legs of modified Fang to incorporate the teachings of a flexible snap hook of David (paragraph [0015]) and the teachings of detachably combining elements together by a snap of Fang (paragraph [0346]) to provide: wherein one or more of the one or more legs comprises a flexible hook portion. Doing so would have a reasonable expectation of successfully improving and allowing for ease of connection of the hook portion to a desired element during construction of the optical module via a clip connection or snap connection.
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Annotated Fig. 4 of Fang: Arrow pointing to hook shaped portion of at least one leg.
Regarding claim 6, while Fang teaches the base board, i.e. substrate, and the base frame are detachably connected, combined or united (Fig. 5 and paragraphs [0270] and [0281]) and elements can be detachably combined together by a snap to facilitate assembly (paragraph [0346]), modified Fang fails to teach: wherein the flexible hook portion is configured to secure the housing to the substrate with a snap-fit engagement through one or more respective holes in the substrate preventing relative movement between the substrate and the housing.
David teaches a centrifuge insert for sample holders (abstract). David teaches: an advantageous embodiment of the clip connection, at least one snap hook is arranged at the carrier which engages a corresponding recess of the body, wherein the snap hook is laterally arranged at the carrier and extends substantially vertically with respect to the base of the centrifuge insert; thus, the clip connection can be build up in a particularly simple constructive manner; and the recess is designed as an opening, whereby the snap hook can be easily pressed out of the recess by the user; wherein this flexibility of the snap hook is a result of its dimensioning (paragraph [0015]). David teaches the connection is a detachable connection (paragraph [0017]).
Since David teaches structures for detachable connection of elements, similar to Fang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more legs of modified Fang to incorporate the teachings of a flexible snap hook that engage with corresponding recesses of a body to provide for a clip connection, i.e. snap-fit engagement, of David (paragraph [0015]) to provide: wherein the flexible hook portion is configured to secure the housing to the substrate with a snap-fit engagement through one or more respective holes in the substrate preventing relative movement between the substrate and the housing. Doing so would have a reasonable expectation of successfully improving and allowing for ease of connection of the hook portion to a desired element during construction of the optical module via a clip connection, i.e. snap-fit engagement.
Regarding claim 9, while Fang teaches the base board, i.e. substrate, and the base frame are detachably connected, combined or united (Fig. 5 and paragraphs [0270] and [0281]) and elements can be detachably combined together by a snap to facilitate assembly (paragraph [0346]), the base board is a circuit board, such as a PCB board (paragraph [0341]), and alignment of components of an assay reader device (Figs. 4-5), modified Fang fails to teach: wherein the one or more legs are configured for mating engagement with one or more respective holes in a printed circuit board of an assay reader device to positionally align the optical module relative to the printed circuit board of the assay reader device.
David teaches a centrifuge insert for sample holders (abstract). David teaches: an advantageous embodiment of the clip connection, at least one snap hook is arranged at the carrier which engages a corresponding recess of the body, wherein the snap hook is laterally arranged at the carrier and extends substantially vertically with respect to the base of the centrifuge insert; thus, the clip connection can be build up in a particularly simple constructive manner; and the recess is designed as an opening, whereby the snap hook can be easily pressed out of the recess by the user; wherein this flexibility of the snap hook is a result of its dimensioning (paragraph [0015]). David teaches the connection is a detachable connection (paragraph [0017]).
Since David teaches structures for detachable connection of elements, similar to Fang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more legs of modified Fang to incorporate the teachings of a flexible snap hook that engage with corresponding recesses of a body to provide for a clip connection, i.e. snap-fit engagement, of David (paragraph [0015]) and the teachings of alignment of components of an assay reader device of Fang (Figs. 4-5) to provide: wherein the one or more legs are configured for mating engagement with one or more respective holes in a printed circuit board of an assay reader device to positionally align the optical module relative to the printed circuit board of the assay reader device. Doing so would have a reasonable expectation of successfully improving and allowing for ease of connection and alignment of the one or more legs to a desired element, e.g. printed circuit board, during construction of the optical module via a clip connection, i.e. mating engagement.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fang as applied to claim 1 above, and further in view of Sekimoto et al. (US 20100259747 A1; cited in the IDS filed 01/07/2025).
Regarding claim 17, Fang fails to teach: the optical module of claim 1, wherein the first and second light sources, and/or the optical detector are encased in a moulded polymer compound, and wherein the first and second optical paths are provided through the moulded polymer compound.
Sekimoto teaches a sample detector comprising a light receiving element and light sources (abstract). Sekimoto teaches light sources and a light receiving element are sealed with transparent resin, i.e. moulded polymer compound (paragraph [0038]-[0039]; Fig. 3 shows resins 45, 51), wherein optical paths are provided through the transparent resin (Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second light sources, and/or the optical detector of Fang to incorporate the teachings of light sources and an optical detector sealed with a transparent resin of Sekimoto (Fig. 3; paragraphs [0038]-[0039]) to provide: wherein the first and second light sources, and/or the optical detector are encased in a moulded polymer compound, and wherein the first and second optical paths are provided through the moulded polymer compound. Doing so would have a reasonable expectation of successfully improving sealing and thus protection of the optical elements.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Fang as applied to claim 1 above, and further in view of Hardcastle et al. (US 20080171397 A1).
Regarding claim 24, while Fang teaches light blocking elements can include an opaque part that cannot transmit spectra (paragraph [0235]), Fang fails to teach: the optical module of claim 1, wherein a portion of the housing comprises a transparent material having an opaque material on a surface thereof, and wherein the first and/or the second openings comprise gaps in the opaque material.
Hardcastle teaches a multiple analyte detection system comprising a carrier having reagents, and the system including a photodetector (abstract). Hardcastle teaches a carrier composed of a transparent material to facilitate transfer of light (paragraphs [0017],[0038]). Hardcastle teaches a housing portion that defines a transparent window positioned to allow light to pass through the window to illuminate reagents (paragraph [0028]). Hardcastle teaches a baffle to direct light from a light source, wherein the baffle is formed of an opaque material (paragraph [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified a portion of the housing of Fang to incorporate the teachings of transparent elements, such as a housing portion that defines a transparent window to allow light to pass, and opaque baffles to direct light of Hardcastle (paragraphs [0017],[0028],[0038],[0041]) and the teachings of light blocking elements comprising an opaque part of Fang (paragraph [0235]) to provide: the optical module of claim 1, wherein a portion of the housing comprises a transparent material having an opaque material on a surface thereof, and wherein the first and/or the second openings comprise gaps in the opaque material. Doing so would have a reasonable expectation of successfully improving control of directing of light while allowing for transmission of light through the housing towards desired locations.
Furthermore, the claimed limitations are obvious because all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements (i.e. the claimed portion of the housing comprises a transparent material having an opaque material on a surface thereof, and wherein the first and/or the second openings comprise gaps in the opaque material) by known methods with no change in their respective functions (i.e. allowing for transmission of light through the housing while blocking and directing light), and the combinations yielded nothing more than predictable results (i.e. providing the claimed housing and gaps in the opaque material would yield nothing more than the obvious and predictable result of improving control of directing of light while allowing for transmission of light through the housing towards desired locations). See MPEP 2143(A).
Response to Arguments
Applicant’s arguments, see page 8, filed 04/03/2026, with respect to the rejections under 35 U.S.C. 112(a) and 112(b) have been fully considered and are persuasive. The rejections under 35 U.S.C. 112(a) and 112(b) of 04/03/2026 have been withdrawn.
Applicant's arguments, see pages 8-10, filed 04/03/2026, have been fully considered but they are not persuasive. However, upon further consideration of the amended claims, a new ground(s) of rejection is made in view of Fang et al. (US 20200225147 A1; effectively filed 01/10/2019).
In response to applicant’s arguments that Fang fails to disclose the claimed invention, specifically, “angled pillars integrally formed with the housing and cooperating with the one or more first baffles to form a multistage optical labyrinth configured to suppress stray light propagation toward the optical detector” (Remarks, page 9), the examiner disagrees.
Fang teaches: angled pillars (Figs. 2-3 teaches pillar structures 304,305 which have an angle, e.g. 90 degree angle) integrally formed with the housing (Figs. 2-3, 5, 7-8 teaches pillar structures 304,305 are integrally formed with the base frame 70, which is interpreted as part of the housing) and cooperating with the one or more first baffles to form a multistage optical labyrinth (Figs. 2-3 teaches the pillar structures 304,305 cooperates, i.e. works with or is associated with, the light blocking element 301 to form a multistage optical labyrinth that includes various optical pathways, such as elements 503,501) configured to suppress stray light propagation toward the optical detector (Fig. 1 and paragraph [0220] teaches the light blocking elements, i.e. elements 304, 305, 301, prevents direct propagation of light from the first light source to the photodetector; paragraph [0009] teaches the apparatus avoids influence of other stray lights; therefore, the elements 304,305, 301 are capable of suppressing stray light propagation towards photodetector 201).
It is suggested to incorporate additional structural details to the angled pillars to further differentiate the claims from the prior art (e.g. Figs. 21a-21b; the instant specification, page 44, lines 15-25 and Figs. 23a-23b discusses the angled pillars widens as it extends away from the baffles to the inside, upper surface of the housing, where the angled pillars are connected to the baffles and upper surface of the housing).
Applicant’s arguments with respect to Phelan (Remarks, pages 9-10) have been considered but are moot because the new ground of rejection does not rely on Phelan for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lin et al. (US 7489403 B1) teaches an electronic testing apparatus (abstract; Fig. 4) comprising baffles (sheltering members 411) that separate three chambers (Fig. 4), so as to prevent interference to the light detectors by adjacent light (column 1, lines 54-60).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY H NGUYEN whose telephone number is (571)272-2338. The examiner can normally be reached M-F 7:30A-5:00P.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY H NGUYEN/Primary Examiner, Art Unit 1758
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