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 § 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 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 5,468,961 (“Gradon”).
Claim 1
Gradon discloses a pyrometer configured to sense thermal radiation within a volume, comprising: a photodiode configured to sense radiation at least within a desired infrared bandwidth and to output a photodiode signal (col. 5, lns 8-60, photodiode infrared detector); and a bandpass filter disposed in front of the photodiode to prevent radiation outside of the desired bandwidth from reaching the photodiode (infrared bandpass filters 30 and 31), wherein the desired infrared bandwidth is selected to be outside the absorption band of one or more selected fluids such that the presence of one or more fluids within the volume does not affect radiation that reaches the photodiode (col. 5, lns 27-40, absorption outside of water absorption band).
Claim 2
Gradon discloses the pyrometer of claim 1, wherein the one or more fluids include CO2 and H20 (col. 5, lns 35-40).
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,468,961 (“Gradon”) in view of U.S. Patent Pub. 2010/0290045 (“Saptari”).
Claim 3
Gradon discloses the pyrometer of claim 2.
Gradon discloses an infrared bandwidth but does not appear to explicitly disclose wherein the desired infrared bandwidth has a center wavelength of about 1625nm.
Saptari discloses a tunable filter accounting for water liquid analysis with a 1625 nm wavelength (paragraph [0050]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the desired infrared bandwidth has a center wavelength of about 1625nm, as disclosed by Saptari, into the device of Gradon, for the purpose of filtering the effect of water in the measurements (Saptari, paragraph [0050]).
Claim 4
Gradon in view of Saptari discloses the pyrometer of claim 3, wherein the desired infrared bandwidth are wavelengths between about 1575nm to about 1675nm (Saptari, paragraph [0050]).
Claims 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,468,961 (“Gradon”) in view of U.S. Patent Pub. 2010/0290045 (“Saptari”), further in view of U.S. Patent Pub. 2008/0255769 (“Zhou”).
Claim 5
Gradon in view of Saptari discloses the pyrometer of claim 4.
Gradon discloses wherein the photodiode is germanium type but does not appear to explicitly disclose wherein the photodiode is an InGaAs photodiode.
Zhou discloses photodiodes in gas detection using germanium or indium gallium arsenide photodiodes (paragraph [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted an indium gallium arsenide photodiode instead of a germanium photodiode, as disclosed by Zhou, into the device of Gradon in view of Saptari, as the materials have been recognized in the art as equivalents for gas detection photodetectors (Zhou, paragraph [0049]). MPEP 2144.
Claim 6
Gradon in view of Saptari, further in view of Zhou discloses the pyrometer of claim 5, wherein the bandpass filter is a 100nm filter configured to pass wavelengths between 1575nm and 1675nm (Zhou, paragraph [0054], about 100 nm width including 1610 nm).
Claim 7
Gradon in view of Saptari, further in view of Zhou discloses the pyrometer of claim 6, wherein the bandpass filter can be configured to have a bandwidth of 100nm ±10nm and a center wavelength drift amount less than or equal to 1 nm (Zhou, paragraph [0051, 0054], about 100 nm width including 1610 nm, drift calibrated).
Claim 8
Gradon in view of Saptari, further in view of Zhou discloses the pyrometer of claim 7, wherein the photodiode can be configured such that responsivity drifts less than a drift amount over an operational temperature range of about -55°C to about 125°C ambient temperature or about 1000°F to about 2100°F blackbody temperature such that a cutoff wavelength of the photodiode does not drift into the desired infrared bandwidth (Zhou, paragraph [0051], drift is calibrated for).
Claim 9
Gradon in view of Saptari, further in view of Zhou discloses the pyrometer of claim 8, further comprising an op amp operatively connected to the photodiode to receive the photodiode signals and configured to output one or more sensor signals (Gradon, lock-in amplifier 72).
Claim 10
Gradon in view of Saptari, further in view of Zhou discloses the pyrometer of claim 9, wherein the op amp is chopper stabilized to prevent drift over the operating temperature range (Gradon, lock-in amplifier 72).
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,468,961 (“Gradon”) in view of U.S. Patent Pub. 2010/0290045 (“Saptari”), further in view of U.S. Patent Pub. 2008/0255769 (“Zhou”), further in view of U.S. Patent Pub. 2017/0314996 (“Alrt”).
Claim 11
Gradon in view of Saptari, further in view of Zhou discloses the pyrometer of claim 10.
Gradon in view of Saptari, further in view of Zhou does not appear to explicitly disclose wherein the op amp includes a maximum input offset voltage of about 6.5 microvolts over the operating temperature range.
Alrt discloses pyrometer with operational amplifiers with offset voltage and bias current of 2.5 microvolt and 400 pA (paragraph [0005]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated wherein the op amp includes a maximum input offset voltage of about 6.5 microvolts over the operating temperature range, as disclosed by Alrt, into the device of Gradon in view of Saptari, further in view of Zhou, for the purpose of compensating for fault currents (Alrt, paragraph [0010]).
Claim 12
Gradon in view of Saptari, further in view of Zhou, further in view of Alrt discloses the pyrometer of claim 11, wherein the op amp includes a maximum input offset current of about 500 picoamps over the operating temperature range (Alrt, paragraph [0005]).
Claim 13
Gradon in view of Saptari, further in view of Zhou, further in view of Alrt discloses the pyrometer of claim 12, wherein the op amp includes a maximum input bias current of about 2000 picoamps over the operating temperature range (Alrt, paragraph [0005]).
Claim 14
Gradon in view of Saptari, further in view of Zhou, further in view of Alrt discloses the pyrometer of claim 13, wherein the op amp includes an input offset voltage drift of about 2.5 nanovolts per degree C to about 15 nanovolts per degree C (Alrt, paragraph [0005]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA S Y LIN whose telephone number is (571)270-7911. The examiner can normally be reached M-F 8-4, TW M,W.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERICA S LIN/Primary Examiner, Art Unit 2853