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 .
Election/Restrictions
Claims 9-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II and III, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/19/25. Applicant traversed the restriction based on all three groups have a shared technical feature which includes a laser connected to a sensing probe having a lens. The prior art of Kull discloses this common features over the three groups as shown below in the rejection and therefore is not a special technical feature contribution over the prior art and therefore the groups lacks unity of invention.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) “extracting a plurality of features from the light signals” which is drawn to mental process/mathematical concepts, and “comparing the extracted plurality of features with a model in a database to determine the amino acid residues in the fluid sample” which can be done in the mind. This judicial exception is not integrated into a practical application because collecting data using generic elements (laser/lens/probe), and then analyzing and comparing the data to a reference to obtain a result is considered insignificant extra-solution activity. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because these elements are well known, conventional and routine based on Kull (US 2012/0092663) and since they are recite a high level of generality.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kull et al. (US 2012/0092663).
Regarding claim 1, Kull discloses a method for identification of amino acid residues in a fluid sample (amino acids are determined of seed in seed oil) comprising:
producing a light signal from a laser (laser 110/310; laser connected to fiber optic probe; para 61-64);
illuminating the fluid sample with the light signal through a lens in a sensing probe (fiber optic probe is illuminated with laser and transmitted to the sample; a 30 mm focal length lens positioned to focus light emitted from the fiber optic to the sample is connected to the fiber optic making the fiber optic probe; para 60; light can further be collimated using a 2 inch 100 mm focal length achromatic lends; light illumination is detailed in para 61-64 which discloses the sensing probe, lens and fiber optic; the sample holder which holds the sample is disclosed in para 65-68; seed oil is disclosed as the fluid sample to be analyzed for amino acids);
acquiring a light signal from the fluid sample (seed oil; para 45-47; seeds mixed with solvent, para 38; scattered light is collected via a collection device 114/314; para 69-72);
extracting a plurality of features from the light signal (the collection device collects the light and signals and then processes them to produce data (chemical specificity is the ability to discern one chemical species from another by means of spectral peaks/bands. A spectrum consists of a signal response termed bands/peaks as a function of wavelength. The number and combination of unique spectral bands along with the bandwidth of each band are general markers that can be used to compare chemical specificity between spectral methods. This method is used to determine the amino acids by comparing to known databases); and
comparing the extracted plurality of features with a model in a database to determine the amino acid residues in the fluid sample (para 39-40, seed analysis database para 49-51; identifying spectral peaks/bands that correspond to amino acid content of sample which is compared to known amino acids peaks/bands in wet chemistry settings; see para. 80-85; 94-96).
Regarding claim 2, the method of claim 1, further comprising filtering the acquired light signal to remove noisy low-frequency components (a pre-stage filter, a 50 um slit and a axial transmissive grating are provided at the spectrograph; para 71).
Regarding claim 3, the method of claim 1, further comprising normalizing the light signal (para 77).
Regarding claim 4, the method of claim 1, further comprising modulating (laser is collimated; para 64) the light signal from the laser.
Regarding claim 5, the method of claim 1, wherein the extraction of the plurality of features in the light signal is carried out over periods of time (the time it takes to turn on the laser and collect the signal produced is over a period of time and therefore meets this limitation. Applicant has not claimed a specific period of time, therefore the claim is being interpreted as being broad such that a time starts from 0 (laser on) to signal collected is the period of time).
Regarding claim 6, the method of claim 1, wherein the plurality of features are time domain and frequency derived features (para 62).
Regarding claim 7, the method of claim 1, further comprising measurement of the temperature of the fluid sample (para 64).
Regarding claim 8, the method of claim 1, wherein the model is created by one of a support vector machine or a clustering algorithm (para 94, 109).
Conclusion
Pertinent prior art:
West et al. (US 2005/0014134) teaches systems and processes for the collection and identification of macromolecules, such as biologically-derived macromolecules (e.g., proteins and nucleic acids), by measuring and comparing the molecular weight signatures of macromolecular samples. Reproducible molecular weight signatures provides reliable sample identification. In the case of viruses, proteomic molecular weight signatures can be used for identifying viral agents.
Jenkins “Characterization of amino acids using Raman spectroscopy” Spectochima acta Part A: Molecular and biomolecular spectroscopy Vol. 61, issue 7, May 2005, pp. 1585-1594. Jenkins teach the use of visible light Raman spectroscopic methods to investigate amino acids and related biopolymers.
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/SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758