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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/08/2026 has been entered.
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.
Claim(s) 1, 2, 3, 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosani, E. A. et al. US 10422754 B2 (hereinafter Hosani), in view of Bickham, S. R. et al., US 20210033461 A1 (hereinafter Bickham), in view of Sinfield; J. V. et al., US 9863881 B2 (hereinafter Sinfield), and further in view of WO 2004003506 A2 (hereinafter Pope).
Regarding claim 1, Hosani teaches a spectroscopy system, comprising: an optical excitation source (Fig. 2 element “Light source 70”); an optical switch (Fig. 2 element “DMUX 180”; col 6 lines 51-56; the optical switch is the demultiplexer) having fiber-to-fiber couplings (Fig. 5 elements 122t, col 9 lines 22-27; 122t connects the two fibers as shown in Fig. 5); a plurality of Raman probes (Fig. 2 element “Optical Fiber line”, fig. 2 shows a plurality of probes, elements 16 and 170 and they are Raman probes as show in fig. 7C); a plurality of probe optical fibers (Fig. 2 element “Optical Fiber line”), each respective probe optical fiber operationally connected to the optical switch (Fig. 2 shows elements 160 are coupled to DMUX via the optical fiber line) and a respective Raman probe (Fig. 2 shows elements 160 are coupled to DMUX via the optical fiber line); a spectrometer (Fig. 1 element “spectrometer 70”; col 5 lines 59-64); wherein each respective probe is operationally connected to the spectrometer (this is shown in Fig. 1) and to a respective target area (fig. 1 element Area 3),“wherein each respective probe guides a beam from the excitation source to a respective target area” (this is shown in figs. 1-2).
Hosani fails to teach an objective lens; a mirror for redirecting optical excitation to the objective lens; an excitation beam optical fiber operationally connected to the objective lens and to the optical switch; and unprepared in-situ sample disposed in soil.
Bickham, from the same field of endeavor as Hosani, discloses an excitation beam optical fiber (Fig. 1 elements 152 is connected to element 166 via an optical fiber; para [0027] lines 6-9) operationally connected to the objective lens (Fig. 3 element 506; the focusing lens 506 is within element 166; para [0027] lines 18-29) and to the optical switch (Fig. 1A shows element 166 is coupled to the optical switch 140; para [0027] lines 6-9).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Bickham to Hosani to have an excitation beam optical fiber operationally connected to the objective lens and to the optical switch in order to focus the radiation to the optical fiber (para [0027] lines 25-29) in order to transmit the light to the samples at a remote location (para [0005] lines 1-6).
Hosani, when modified by Bickham, does not teach an objective lens and a mirror for redirecting optical excitation to the objective lens and unprepared in-situ sample disposed in soil.
Sinfield, from the same field of endeavor as Hosani, discloses an objective lens (see Fig. 1 element 104, column 8 lines 33-38); and a mirror (see Fig. 1 element 102, column 8 lines 33-38) for redirecting optical excitation to the objective lens (this is shown in Fig. 1). (Note that Sinfield is proper to combine with Hosani and Bickham because the sample is for intended use only. Also, these optical elements are well known in the arts for properly focusing the light on the fibers.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Sinfield to Hosani, when modified by Bickham to have an objective lens; and a mirror for redirecting optical excitation to the objective lens in order to focus the light to the sample (col 8 lines 35-40) and to measure the concentration of an analyte in a turbid solution containing the analyte and a solvent (see Abstract lines 1-2).
Hosani, when modified by Bickham and Sinfield, does not teach unprepared in-situ sample disposed in soil.
Pope, from the same field of endeavor as Hosani, teaches unprepared in-situ sample disposed in soil (fig. 1 element 10, p. 11 para 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Pope to Hosani, when modified by Bickham and Sinfield to have unprepared in-situ sample disposed in soil in order to provide a method and system to accurately measure substances in wells using optical analysis (p. 3 para 4).
Regarding claim 2, Hosani does not teach the spectroscopy system of claim 1 wherein the spectrometer is a charged coupled device.
Bickham, from the same field of endeavor as Hosani, discloses the spectroscopy system of claim 1 wherein the spectrometer is a charged coupled device (Fig. 2A element 156; para [0035] line 7).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Bickham to Hosani to have the spectroscopy system of claim 1 wherein the spectrometer is a charged coupled device in order to output the spectral data as an array of intensities at different wavelengths (para [0035] lines 8-9) and to determine identities and concentrations of various molecules in a substance (para [0004] lines 7-9).
Regarding claim 3, Hosani teaches the spectroscopy system of claim 1 wherein the optical excitation source is a laser (col 7 lines 1-4).
Regarding claim 6, Hosani teaches a Raman spectroscopy assembly, comprising: a laser (col 7 lines 1-4); a plurality of respective Raman probes (Fig. 2 element “Optical Fiber line”, fig. 2 shows a plurality of probes, elements 16 and 170 and they are Raman probes as show in fig. 7C); an optical switch having an optical switch output port (Fig. 2 elements 180 and 190) and a plurality of respective optical switch input ports (elements 180 and 190 provide input and output ports to the optical fibers); a plurality of respective probe optical fibers, each respective probe optical fiber operationally connected to a respective optical switch input port and to a respective Raman probe (Fig. 2 demonstrates the plurality of optical fibers are correspondingly connected to respective Raman probes elements 160 and 170); wherein the optical switch has fiber-to-fiber connections (Fig. 5 elements 122t, col 9 lines 22-27; 122t connects the two fibers as shown in Fig. 5); wherein the optical switch output port is operationally connected to the spectrometer (this is shown in fig. 1); and “wherein each respective probe is operationally connected to remotely interrogate by guiding a beam from the laser to the specimen” (this is shown in figs. 1-2 where the specimen is element 150).
Hosani fails to teach an objective lens; a mirror for redirecting laser light positioned relative the laser to redirect light emitted from the laser to the objective lens; a plurality of excitation beam optical fibers, each respective excitation beam optical fiber operationally connected to the objective lens and to a respective Raman probe; a charge-coupled device spectrometer; and an in- situ specimen disposed in soil.
Bickham, from the same field of endeavor as Hosani, discloses a plurality of excitation beam optical fibers (Fig. 1 elements 152 is connected to element 166 via an optical fiber; para [0027] lines 6-9), each respective excitation beam optical fiber operationally connected to the objective lens (Fig. 3 element 506; the focusing lens 506 is within element 166; para [0027] lines 18-29) and to a respective Raman probe (Fig. 2A element 110; element 110 is a Raman probe; para [0022] line 4 and para [0021] lines 1-5); and a charge-coupled device spectrometer (Fig. 2A element 156; para [0035] line 7).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Bickham to Hosani to have an excitation beam optical fiber operationally connected to the objective lens and to the optical switch in order to focus the radiation to the optical fiber (para [0027] lines 25-29) and in order to output the spectral data as an array of intensities at different wavelengths (para [0035] lines 8-9) and to determine identities and concentrations of various molecules in a substance (para [0004] lines 7-9).
Hosani, when modified by Bickham, does not teach an objective lens; a mirror for redirecting laser light positioned relative the laser to redirect light emitted from the laser to the objective lens, and an in- situ specimen disposed in soil.
Sinfield, from the same field of endeavor as Hosani, discloses an objective lens (see Fig. 1 element 104, column 8 lines 33-38); a mirror for redirecting laser light positioned relative the laser to redirect light emitted from the laser to the objective lens (this is shown in Fig. 1). (Note that Sinfield is proper to combine with Hosani and Bickham because the sample is for intended use only. Also, these optical elements are well known in the arts for properly focusing the light on the fibers.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Sinfield to Hosani, when modified by Bickham to have an objective lens; a mirror for redirecting laser light positioned relative the laser to redirect light emitted from the laser to the objective lens in order to focus the light to the sample (col 8 lines 35-40) and to measure the concentration of an analyte in a turbid solution containing the analyte and a solvent (see Abstract lines 1-2).
Hosani, when modified by Bickham and Sinfield, does not teach an in- situ specimen disposed in soil.
Pope, from the same field of endeavor as Hosani, teaches an in- situ specimen disposed in soil (fig. 1 element 10, p. 11 para 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Pope to Hosani, when modified by Bickham and Sinfield to have an in- situ specimen disposed in soil in order to provide a method and system to accurately measure substances in wells using optical analysis (p. 3 para 4).
Regarding claim 7, Hosani teaches the Raman spectroscopy assembly of claim 6 wherein the optical switch is a demultiplexer (Fig. 2 element 180; col 6 line 53-54).
Claim(s) 8, 9, 10, 11, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bickham, in view of Hosani, in view of Sinfield, and further in view of Pope.
Regarding claim 8, Bickham teaches a method of making Raman inquiries, comprising: a) directing a laser beam to a lens (Fig. 3 element 506; the focusing lens 506 is within element 166; para [0027] lines 18-29); b) directing laser light (Fig. 2A element 152; para [0026] lines 1-4) from the lens (Fig. 3, element 506 focuses the light to the probes 110) to a plurality of respective Raman probes (Fig. 2A element 110; elements 110 are Raman probes); c) making Raman inquiries of a sample (para [0005] lines 1-6) and d) communicating the inquiry results of the Raman to a charge- coupled device spectrometer (para [0035] lines 6-9).
Bickham fails to disclose a) objective lens, b) through a switch having fiber-to-fiber couplings, and c) plurality of remotely disposed sample, unprepared samples disposed in soil, each respective sample inquired by a respective Raman probe guiding the laser beam to each respective sample.
Hosani, from the same field of endeavor as Bickham, discloses c) plurality of remotely disposed sample each respective sample inquired by a respective Raman probe (Fig. 2 shows probes 160 and 150 are respective positioned in the gas pipe 130; col 7 lines 1-4) guiding the laser beam to each respective sample (this is shown in fig. 2 element 130) and b) through a switch having fiber-to-fiber couplings (Fig. 5 elements 122t, col 9 lines 22-27; 122t connects the two fibers as shown in Fig. 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Hosani to Bickham to have c) plurality of remotely disposed sample each respective sample inquired by a respective Raman probe guiding the laser beam to each respective sample and b) through a switch having fiber-to-fiber couplings in order to determine the contaminants in the gas pipe (Abstract last sentence).
Bickham, when modified by Hosani, does not teach a) an objective lens and b) unprepared samples disposed in soil.
Sinfield, from the same field of endeavor as Bickham, discloses the use of an objective lens (see Fig. 1 element 104, column 8 lines 33-38). (Note that Sinfield is proper to combine with Hosani and Bickham because the sample is for intended use only).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Sinfield to Bickham, when modified by Hosani, to have an objective lens in order to focus the light to the sample (col 8 lines 35-40) and to measure the concentration of an analyte in a turbid solution containing the analyte and a solvent (see Abstract lines 1-2).
Bickham, when modified by Hosani and Sinfield, does not teach b) unprepared samples disposed in soil.
Pope, from the same field of endeavor as Hosani, teaches b) unprepared samples disposed in soil (fig. 1 element 10, p. 11 para 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Pope to Bickham, when modified by Hosani and Sinfield to have an in- situ specimen disposed in soil in order to provide a method and system to accurately measure substances in wells using optical analysis (p. 3 para 4).
Regarding claim 9, Bickham teaches the method of claim 8 wherein b) further comprises: b1) directing light from the objective (Sinfiled teaches an objective lens, see claim 8) lens (Fig. 3 element 506; the focusing lens 506 is within element 166; para [0027] lines 18-29) to a switch input (Fig. 2A element 340a, para [0024] lines 1-3); and b2) directing light from a plurality of respective switch output ports to a plurality of respective Raman probes (Fig. 2A element 110, para [0024] lines 3-9), wherein each respective Raman probe is operationally connected to a respective switch output port by a respective optical fiber (the Raman probes 110 are connected to the switch input 340a via the output port 348).
Bickham, when modified by Sinfield, does not teach the switch input is a multiplexer.
Hosani, from the same field of endeavor as Bickham, discloses the switch input is a multiplexer (Fig. 2 element 190 line 54).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Hosani to Bickham, when modified by Sinfield, to have the switch input is a multiplexer in order to collect the transmitted, reflected, and refracted light in a time-multiplexed manner (col 6 lines 54-56) in order to determine the contaminants in the gas pipe (Abstract last sentence).
Regarding claim 10, Bickham teaches the method of claim 8 wherein d) further comprises: d1) receiving a scattering signal from a sample via a Raman probe (last page claim 19); and d2) communicating received scattering signal from the Raman probe to the charge-coupled device spectrometer (para [0035] lines 6-9).
Regarding claim 11, Bickham teaches the method of claim 8 wherein d) further comprises: d3) receiving a scattering signal from a respective sample via a respective Raman probe (last page claim 19); d4) communicating received scattering signal from each respective Raman probe to a respective switch input port (last page claim 19); and d5) sending a signal from a switch output port to the charge-coupled device spectrometer (last page claim 19; para [0035] lines 6-9).
Regarding claim 12, Bickham teaches a method of making Raman inquiries, comprising: a) directing a laser beam to a lens (Fig. 3 element 506; the focusing lens 506 is within element 166; para [0027] lines 18-29); b) directing laser light from the lens (Fig. 2A element 166; the lens is inside element 166) to an optical switch (optical switch is element 340a) via a laser source optical fiber (element 166 is coupled with element 340a thru an optical fiber); c) directing laser light from the optical switch to a plurality of spaced Raman probes via a plurality of respective probe optical fibers (this is shown in Fig. 2A where the optical switch 340a delivers the light to the Raman probes 110 thru the optical fiber 130); d) making Raman inquiries of a sample (para [0005] lines 1-6) and e) communicating the inquiry results of each respective Raman probe to a charge- coupled device spectrometer (para [0035] lines 6-9).
Bickham fails to disclose an objective lens, having fiber-to-fiber couplings, plurality of unprepared, remotely located samples positioned in soil, each respective sample is inquired in situ by a respective Raman probe guiding a laser beam to a respective sample.
Hosani, from the same field of endeavor as Bickham, discloses having fiber-to-fiber couplings (Fig. 5 elements 122t, col 9 lines 22-27; 122t connects the two fibers as shown in Fig. 5), “plurality of remotely located samples, each respective sample is inquired in situ by a respective Raman probe guiding a laser beam to a respective sample” (this is shown in figs. 1-2).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Hosani to Bickham to have having fiber-to-fiber couplings and “plurality of remotely located samples, each respective sample is inquired in situ by a respective Raman probe guiding a laser beam to a respective sample” in order to determine the contaminants in the gas pipe (Abstract last sentence).
Bickham, when modified by Hosani, does not teach the use of an objective lens and unprepared, remotely located samples positioned in soil.
Sinfield, from the same field of endeavor as Bickham, discloses the use of an objective lens (see Fig. 1 element 104, column 8 lines 33-38). (Note that Sinfield is proper to combine with Hosani and Bickham because the sample is for intended use only).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Sinfield to Bickham, when modified by Hosani, to have an objective lens in order to focus the light to the sample (col 8 lines 35-40) and to measure the concentration of an analyte in a turbid solution containing the analyte and a solvent (see Abstract lines 1-2).
Bickman, when modified by Hosani and Sinfield, does not teach unprepared, remotely located samples positioned in soil.
Pope, from the same field of endeavor as Hosani, teaches unprepared, remotely located samples positioned in soil (fig. 1 element 10, p. 11 para 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Pope to Bickman, when modified by Hosani and Sinfield, to have unprepared, remotely located samples positioned in soil in order to provide a method and system to accurately measure substances in wells using optical analysis (p. 3 para 4).
Prior Art not Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 11041759 B2, discloses systems and methods for Raman spectroscopy.
Conclusion
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/ROBERTO FABIAN JR/Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877