DETAILED ACTION
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “providing nanodiamond in a vicinity of a region where near infrared rays are irradiated on a sample containing nitrogen oxide”. It is unclear how this step is related or influences the measuring step. Additionally, “by using near infrared spectroscopy to irradiate near infrared rays onto the sample and receive the near infrared rays transmitted through the sample” is not a positively recited step. This step is considered an essential step and should be positively recited. Claim language is vague and is missing essential method steps. Clarification is requested via amendments.
Claim 3 recites steps of “providing…” and “measuring…” however, it is unclear whether these steps are additional to already claimed providing and measuring steps of claim 1 or are these steps further limiting the claimed steps of claim 1. Clarification is requested via amendments.
Claim 4 discloses a step of “creating a calibration curve” however, it is unclear whether it is referring to the measured concentration of the nitrogen monoxide or a new limitation. Additionally, it is unclear how the deep body temperature of the subject and the wavelength of a near infrared absorption peak are obtained. Clarification is requested via amendments.
Regarding claim 5, the limitation “on a side that receives near infrared rays of the near infrared spectroscopy sensor main body” is vague and does not make sense how the main body has near infrared rays. Clarification is requested via amendments.
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.
Claim(s) 1, 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Audeh et al. (USPN 2017/0143233).
Regarding claim 1, Audeh et al. discloses a analysis method comprising: providing nanodiamond in a vicinity of a region where near infrared rays are irradiated on a sample containing nitrogen oxide; and measuring a content of the nitrogen oxide in the sample by using near infrared spectroscopy to irradiate near infrared rays onto the sample and receives the near infrared rays transmitted through the sample. See [0018], [0044]-[0045], [0056], [0085].
Regarding claim 3, Audeh et al. discloses providing the nanodiamond in a vicinity of a region where near infrared rays are irradiated on a blood vessel a subject; and measuring a concentration of nitrogen oxide in blood flowing through the blood vessel by using the near infrared spectroscopy to irradiate near infrared rays onto the blood vessel and receives the near infrared rays transmitted through the blood vessel, wherein the nitrogen oxide is nitrogen monoxide. See [0018], [0044]-[0045], [0056], [0085].
Regarding claim 4, Audeh et al. discloses creating a calibration curve indicating a relationship between a deep body temperature of the subject and a wavelength of a near infrared absorption peak derived from nitrogen monoxide; and converting the wavelength of the near infrared absorption peak of the nitrogen monoxide into a deep body temperature of the subject based on the calibration curve. See [0018], [0044]-[0045], [0056], [0085].
Regarding claim 5, Audeh et al. discloses near infrared spectroscopy sensor comprising a near infrared spectroscopy sensor main body including a layer containing nanodiamond on a surface on a side that receives near infrared rays of the near infrared spectroscopy sensor main body. See [0018], [0044]-[0045], [0056], [0085].
Claim(s) 1, 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mirov et al. (USPN 10,485,478).
Regarding claim 1, Mirov et al. discloses a analysis method comprising: providing nanodiamond in a vicinity of a region where near infrared rays are irradiated on a sample containing nitrogen oxide; and measuring a content of the nitrogen oxide in the sample by using near infrared spectroscopy to irradiate near infrared rays onto the sample and receives the near infrared rays transmitted through the sample. See Col.17 line 13-Col.18 63.
Regarding claim 3, Mirov et al. discloses providing the nanodiamond in a vicinity of a region where near infrared rays are irradiated on a blood vessel a subject; and measuring a concentration of nitrogen oxide in blood flowing through the blood vessel by using the near infrared spectroscopy to irradiate near infrared rays onto the blood vessel and receives the near infrared rays transmitted through the blood vessel, wherein the nitrogen oxide is nitrogen monoxide. See Col.17 line 13-Col.18 63.
Regarding claim 4, Mirov et al. discloses creating a calibration curve indicating a relationship between a deep body temperature of the subject and a wavelength of a near infrared absorption peak derived from nitrogen monoxide; and converting the wavelength of the near infrared absorption peak of the nitrogen monoxide into a deep body temperature of the subject based on the calibration curvet. See Col.17 line 13-Col.18 63.
Regarding claim 5, Mirov et al. discloses near infrared spectroscopy sensor comprising a near infrared spectroscopy sensor main body including a layer containing nanodiamond on a surface on a side that receives near infrared rays of the near infrared spectroscopy sensor main body. See Col.17 line 13-Col.18 63.
Response to Arguments
Applicant's arguments filed 09/12/2025 have been fully considered but they are not persuasive. As stated above, the claims are vague and indefinite. Therefore, the subject matter of the claims is unclear. Applicant should address all the 112 2nd paragraph rejections stated above in order to clearly point out claimed subject matter.
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 MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791