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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 30 December 2025 has been entered.
Response to Amendment
The Amendment filed 30 December 2025 has been entered. Claims 1-4, 6-12 and 14-20 remain pending in the application. Applicant’s amendments to Claims 1-3, 7, 10, 11, 15 and 16 have overcome each and every U.S.C. 112 rejection and U.S.C. 102 rejection previously set forth in the Non-Final Office Action mailed on 30 September 2025. However, Applicant’s amendments to Claims 1-3, 7, 10, 11, 15 and 16 do not overcome the U.S.C. 103 rejections.
Response to Arguments
Applicant’s arguments, see Remarks, filed 30 December 2025, with respect to the U.S.C. 102 rejections of claims 1, 3, 4, 6-9, 11, 12 and 14-19 are persuasive. However, Applicant’s arguments, see Remarks, filed 30 December 2025, with respect to the U.S.C 103 rejections have been fully considered and are not persuasive.
Applicant Remarks
Applicant remarks that Rentzepis does not disclose a “distancing device” but simply a path of a light beam (from the independent claims).
Applicant remarks that Rentzepis does not disclose “a distancing device connected to an exterior of the body, adjacent to and separated from the light scatter received by the spectrometer and sensing lase light projected by the laser” (from the independent claims).
Applicant remarks that the dependent claims are allowable based on the remarks above.
Examiner Responses
Examiner respectfully disagrees. The light beam of Rentzepis visually indicates a distance. Therefore, the light beam can be interpreted as the distancing device, under broadest reasonable interpretation.
Examiner agrees. However, Carron does teach the amendment. Please see the prior art rejection below.
Examiner respectfully disagrees based on the prior art rejections below.
Claim Objections
Claim 1 is objected to because of the following informalities: On line 10, “sensing lase light” should be corrected to say –sensing laser light-- because “lase” is a verb (Merriam Webster), rather than an adjective.
Claims 2 and 10: on line 2, “of to the body” should be corrected to say –of the body--.
Appropriate correction is required.
Claim 7 is objected to because of the following informalities: On line 12, “sensing lase light” should be corrected to say –sensing laser light-- because “lase” is a verb (Merriam Webster), rather than an adjective.
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 of this title, 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 1-4, 6-12 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Rentzepis et al. (US 11879777 B2), hereinafter Rentzepis, in view of Carron et al. (US 7403281 B2), hereinafter Carron.
As to claim 1, Rentzepis teaches a portable Raman spectrometer (Rentzepis abstract; small, handheld Raman spectrometer device), comprising:
a body (Rentzepis fig. 4B; the structure of the Raman spectrometer device 420), including:
a computer platform in selective communication with other computer devices (Rentzepis fig 4B; claim 11; col. 3 lines 15-27; The cell phone 402 transmits the Raman spectrum over a communications network (e.g., a cellular or WiFi network) to a remote computer to perform the analysis, and optionally receive results of the analysis from the remote computer and displays them to the cell-phone user);
a spectrometer (Rentzepis fig. 4B; the Raman spectrometer device 420) selectively receiving and recording a light scatter (Rentzepis fig. 4B; Col. 6 lines 29-33; The collected light is focused onto the input slit of the spectrometer aperture 218. Col. 8 lines 37-41; In step 512, the Raman spectrum is analyzed, e.g., to determine Raman scattering wavelengths and identify one or more analytes within the sample based on the Raman scattering wavelengths);
a laser selectively projecting a sensing laser light (Rentzepis fig. 4B; claim 1; Laser 202 emits an excitation beam towards a sample location to sense the sample);
and a focusing optic through which passes the sensing laser light and the light scatter (Rentzepis fig. 4B; col. 6 lines 29-33; A first lens 214 collects and collimates Raman-scattered light emitted towards the lens 214, and a second lens 216 focuses the collected light with a matching f-number (which is the ratio of focal length to aperture of the lens) onto the input slit 218 (or similar input aperture) of a spectrometer);
and a distancing device connected to an exterior of the body (Rentzepis Fig. 4B; The light beam, indicated by the dotted line, reaches the sample 206 from the structure of the spectrometer 420 and is connected to an exterior of the housing 422),
wherein the distancing device is configured to visually indicate a distance for probing a fluid sample with spectroscopy (Rentzepis col. 3 lines 49-52; The Raman spectrometer is for detecting and identifying, and optionally measuring the concentration of, chemical and biological molecules in situ. Col. 8 lines 9-19; Fig. 4B; The sample location 206 is outside the spectrometer 420. The configuration of holding the device up to the sample is used, for example, to acquire Raman spectra of objects and surfaces that cannot be placed inside the device, such as an open wound, a wall or surface of an apparatus, or the like. Thus, the distancing device is pictured by Rentzepis as the light beam, indicated by the dotted line, that reaches the sample 206 from the spectrometer 420).
However, Rentzepis does not explicitly disclose the distancing device adjacent to and separated from the light scatter received by the spectrometer and sensing lase light projected by the laser.
Carron, in the same field of endeavor as the claimed invention, teaches the distancing device adjacent to and separated from the light scatter received by the spectrometer and sensing laser light projected by the laser (Carron fig. 1; col. 7 lines 55-64; The collimated beam tube 32 may comprise a tube (or length of free space) through which the incident beam 26 and collected Raman scattered light is collimated. The collimated beam tube 32 may comprise a variable length (e.g., via an adjustable tube, interchangeable tubes or a plurality of tubes that may be connected together to form a variable length tube). The collimated beam tube 32 is attached to the spectrometer body, pictured by Carron as the largest rectangle in fig. 1, and is focused on the sample 28. The tube surrounds the incident beam 26 and collected Raman scattered light. Thus, the tube is adjacent to and separated from the incident beam 26 and collected Raman scattered light).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to Rentzepis to incorporate the teachings of Carron to include the distancing device adjacent to and separated from the light scatter received by the spectrometer and sensing laser light projected by the laser; for the advantage of distance flexibility via a variable length (Carron col. 7 lines 61-64).
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Rentzepis Fig. 4B
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Carron Fig. 1
As to claim 3, Rentzepis teaches the spectrometer of claim 1, wherein the distance device is a light projection connected to the exterior of the body, the light projection projecting a light target from the body, proximate the fluid sample to define the distance (Rentzepis; Col. 8 lines 9-19; Fig. 4B; The sample location 206 is outside the spectrometer 420. The configuration of holding the device up to the sample is used, for example, to acquire Raman spectra of objects and surfaces that cannot be placed inside the device, such as an open wound, a wall or surface of an apparatus, or the like. In the area of the recess, the housing includes openings or windows 424, 426 that allow the excitation beam from the laser 202 as well as the Raman-scattered light from the sample to pass through. Thus, the distancing device is pictured by Rentzepis as the excitation beam, indicated by the dotted line, that reaches the sample 206 from spectrometer 420. The light is connected to the exterior of the housing 422 and is projected onto the sample 206 from the housing 422 of the spectrometer 420, proximate the sample 206 to define a distance).
As to claim 4, Rentzepis teaches the spectrometer of claim 1, wherein the computer platform is configured to be connected to a data store and selectively relay scanned spectroscopic data thereto (Rentzepis claim 4; the cell phone 402 stores data and a software application to process Raman spectra recorded using the cell-phone camera).
As to claim 6, Rentzepis teaches the spectrometer of claim 4, wherein the spectrometer further including a display for selective display of information received from a remote computer across a network (Rentzepis col. 3 lines 21-27; a remote computer performs the analysis, and optionally receives results of the analysis from the remote computer and display them to the cell-phone user).
As to claim 7, Rentzepis teaches a system to perform spectroscopic analysis on a remote fluid sample (Rentzepis abstract; claim 10; small, handheld Raman spectrometer device performs in-situ measurements of chemical and biological molecules, including a fluid sample remote from the spectrometer device), comprising:
a Raman spectrometer (Rentzepis abstract; small, handheld Raman spectrometer device), including:
a body (Rentzepis fig. 4B; the structure of the Raman spectrometer device 420), including:
a computer platform in selective communication with other computer devices (Rentzepis fig 4B; claim 11; col. 3 lines 15-27; The cell phone 402 transmits the Raman spectrum over a communications network (e.g., a cellular or WiFi network) to a remote computer to perform the analysis, and optionally receive results of the analysis from the remote computer and display them to the cell-phone user);
a spectrometer (Rentzepis fig. 4B; the Raman spectrometer device 420) selectively receiving and recording a light scatter (Rentzepis fig. 4B; Col. 6 lines 29-33; The collected light is focused onto the input slit of the spectrometer aperture 218. Col. 8 lines 37-41; In step 512, the Raman spectrum is analyzed, e.g., to determine Raman scattering wavelengths and identify one or more analytes within the sample based on the Raman scattering wavelengths);
a laser selectively projecting a sensing laser light (Rentzepis fig. 4B; claim 1; Laser 202 emits an excitation beam towards a sample location to sense the sample);
and a focusing optic through which passes the sensing laser light and the light scatter (Rentzepis fig. 4B; col. 6 lines 29-33; A first lens 214 collects and collimates Raman-scattered light emitted towards the lens 214, and a second lens 216 focuses the collected light with a matching f-number (which is the ratio of focal length to aperture of the lens) onto the input slit 218 (or similar input aperture) of a spectrometer);
a distancing device connected to an exterior of the body (Rentzepis Fig. 4B; The light beam, indicated by the dotted line, reaches the sample 206 from the structure of the spectrometer 420 and is connected to an exterior of the housing 422),
the distancing device configured to visually indicate a distance for probing a fluid sample with spectroscopy (Rentzepis col. 3 lines 49-52; The Raman spectrometer is for detecting and identifying, and optionally measuring the concentration of chemical and biological molecules, which includes fluid samples, in situ. Col. 8 lines 9-19; Fig. 4B; The sample location 206 is outside the spectrometer 420. The configuration of holding the device up to the sample is used, for example, to acquire Raman spectra of objects and surfaces that cannot be placed inside the device, such as an open wound, a wall or surface of an apparatus, or the like. In the area of the recess, the housing includes openings or windows 424, 426 that allow the excitation beam from the laser 202 as well as the Raman-scattered light from the sample to pass through. Thus, the distancing device is pictured by Rentzepis as the excitation beam, indicated by the dotted line, that reaches the sample 206 from the spectrometer 420);
and a processor in selective communication with the computer platform of the body across a network (Rentzepis fig. 4B; col. 3 lines 19-21; The cell phone 402 stores a software application executed by the cell-phone processor to perform the spectral Claim 11; col. 3 lines 15-27; The cell phone 402 transmits the Raman spectrum over a communications network (e.g., a cellular or WiFi network). Claim 11; col. 3 lines 15-27; The cell phone 402 processor receives results of the analysis from the remote computer (which also has a processor) and displays them to the cell-phone user. Thus, the processors are in selective communication with the cell phone 402 across a network),
wherein the spectrometer selectively probes the remote fluid sample (Rentzepis abstract; small, handheld Raman spectrometer device performs in-situ measurements of chemical and biological molecules, including a fluid sample remote from the spectrometer device) obtaining spectroscopic data therefrom and relays the spectroscopic data to the processor for analysis (Rentzepis claim 4; the cell phone 402 stores a software application to process Raman spectra recorded using the cell-phone camera).
However, Rentzepis does not explicitly disclose the distancing device adjacent to and separated from the light scatter received by the spectrometer and sensing lase light projected by the laser.
Carron, in the same field of endeavor as the claimed invention, teaches the distancing device adjacent to and separated from the light scatter received by the spectrometer and sensing lase light projected by the laser (Carron fig. 1; col. 7 lines 55-64; The collimated beam tube 32 may comprise a tube (or length of free space) through which the incident beam 26 and collected Raman scattered light is collimated. The collimated beam tube 32 may comprise a variable length (e.g., via an adjustable tube, interchangeable tubes or a plurality of tubes that may be connected together to form a variable length tube). The collimated beam tube 32 is attached to the spectrometer body, pictured by Carron as the largest rectangle in fig. 1, and is focused on the sample 28. The tube surrounds the incident beam 26 and collected Raman scattered light. Thus, the tube is adjacent to and separated from the incident beam 26 and collected Raman scattered light).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to Rentzepis to incorporate the teachings of Carron to include the distancing device adjacent to and separated from the light scatter received by the spectrometer and sensing lase light projected by the laser; for the advantage of distance flexibility via a variable length (Carron col. 7 lines 61-64).
As to claim 8, Rentzepis teaches the system of claim 7, wherein the processor further communicates analyzed data to the computer platform of the spectrometer (Rentzepis fig. 4B; col. 3 lines 19-21; The cell phone 402 stores a software application executed by the cell-phone processor to perform the spectral analysis Thus, any analyzed data is communicated from the cell phone’s processor to the cell phone 402 itself)
As to claim 9, Rentzepis teaches the system of claim 7, further including a data store in selective communication with the processor and the computer platform of the spectrometer (Rentzepis claim 4; the cell phone 402 stores a software application to process Raman spectra recorded using the cell-phone camera).
As to claims 2 and 10, Rentzepis does not explicitly disclose wherein the distance device is a physical attachment connected to the exterior of [to] the body, the physical attachment including an end configured to be positioned proximate the fluid sample to define the distance.
Carron, in the same field of endeavor as the claimed invention, teaches wherein the distance device is a physical attachment connected to the exterior of [to] the body, the physical attachment including an end configured to be positioned proximate the fluid sample to define the distance (Carron fig. 1; col. 7 lines 55-64; The collimated beam tube 32 may comprise a tube (or length of free space) through which the incident beam 26 and collected Raman scattered light is collimated. The collimated beam tube 32 may comprise a variable length (e.g., via an adjustable tube, interchangeable tubes or a plurality of tubes that may be connected together to form a variable length tube). The collimated beam tube 32 is attached to the spectrometer body, pictured by Carron as the largest rectangle in fig. 1, and is focused on the sample 28. Thus, the tube 32 is connected to the exterior of the larger rectangle spectrometer body, the tube including an end of the tube positioned proximate to the sample 28 to define a distance).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to Rentzepis to incorporate the teachings of Carron to include wherein the distance device is a physical attachment connected to the exterior of [to] the body, the physical attachment including an end configured to be positioned proximate the fluid sample to define the distance, for the advantage of distance flexibility via a variable length (Carron col. 7 lines 61-64).
As to claim 11, Rentzepis teaches the system of claim 7, wherein the distance device of the body is a light projection connected to the exterior of the body, the light projection projecting a light target from the body, proximate the fluid sample to define the distance (Col. 8 lines 9-19; Fig. 4B; The sample location 206 is outside the spectrometer 420, connected to the exterior of the housing 422. The configuration of holding the device up to the sample is used, for example, to acquire Raman spectra of objects and surfaces that cannot be placed inside the device, such as an open wound, a wall or surface of an apparatus, or the like. In the area of the recess, the housing includes openings or windows 424, 426 that allow the excitation beam from the laser 202 as well as the Raman-scattered light from the sample to pass through. Thus, the distancing device is pictured by Rentzepis as the excitation beam, indicated by the dotted line, that reaches the sample 206 from spectrometer 420. The light is projected from the housing 422 of the spectrometer 420, proximate onto the sample 206, defining a distance between the spectrometer 420 and the sample 206).
As to claim 12, Rentzepis teaches the system of claim 9, wherein the processor stores analyzed data at the data store (Rentzepis claim 4; the cell phone 402 stores a software application to process Raman spectra recorded using the cell-phone camera).
As to claim 14, Rentzepis teaches the system of claim 7, wherein the spectrometer further including a display for selective display of information received from the processor (Rentzepis fig 4B; claim 11; col. 3 lines 15-27; The cell phone 402 processor receives results of the analysis from the remote computer (which also has a processor) and displays them to the cell-phone user).
As to claim 15, Rentzepis teaches a method of utilizing Raman spectroscopy to detect and identify a fluid (Rentzepis abstract; Small, handheld Raman spectrometer device performs in-situ measurements of chemical and biological molecules, including a fluid sample. Claim 10; The device analyzes the Raman spectrum to determine Raman scattering wavelengths and identifying one or more analytes within the sample based on the Raman scattering wavelengths), comprising:
scanning a fluid sample with a portable Raman spectrometer (Rentzepis Fig. 4B; The light beam, indicated by the dotted line from the spectrometer 420, scans the sample 206) having: a body thereof (Rentzepis Fig. 4B; structure of the spectrometer 420) including: a computer platform in selective communication with other computer devices across a network (Rentzepis fig 4B; claim 11; col. 3 lines 15-27; The cell phone 402 transmits the Raman spectrum over a communications network (e.g., a cellular or WiFi network) to a remote computer to perform the analysis, and optionally receive results of the analysis from the remote computer and displays them to the cell-phone user),
the spectrometer selectively receiving and recording a light scatter from a laser selectively projecting a sensing laser light (Rentzepis fig. 4B; Col. 6 lines 29-33; The collected light is focused onto the input slit of the spectrometer aperture 218. Col. 8 lines 37-41; In step 512, the Raman spectrum is analyzed, e.g., to determine Raman scattering wavelengths and identify one or more analytes within the sample based on the Raman scattering wavelengths),
and a distancing device connected to an exterior of the body (Rentzepis Fig. 4B; The light beam, indicated by the dotted line, reaches the sample 206 from the structure of the spectrometer 420 and is connected to an exterior of the housing 422), the distancing device configured to visually indicate a distance between the fluid sample and the portable Raman spectrometer (Rentzepis col. 3 lines 49-52; The Raman spectrometer is for detecting and identifying, and optionally measuring the concentration of, chemical and biological molecules in situ. Col. 8 lines 9-19; Fig. 4B; The sample location 206 is outside the spectrometer 420. The configuration of holding the device up to the sample is used, for example, to acquire Raman spectra of objects and surfaces that cannot be placed inside the device, such as an open wound, a wall or surface of an apparatus, or the like. Thus, the distancing device is pictured by Rentzepis as the light beam, indicated by the dotted line, that visually indicates a distance between the sample 206 and the spectrometer 420);
collecting spectroscopic data from the fluid sample at the computer platform of the spectrometer (Rentzepis claim 4; the cell phone 402 stores data and a software application to process Raman spectra recorded using the cell-phone camera);
transmitting the spectroscopic data from the computer platform of the spectrometer to a processor across a network, the processor in selective communication with the computer platform of the body across the network (Rentzepis fig 4B; claim 11; col. 3 lines 15-27; The cell phone 402 processor receives results of the analysis from the remote computer (which also has a processor) and displays them to the cell-phone user);
and analyzing the received spectroscopic data at the processor (Rentzepis fig 4B; claim 11; col. 3 lines 15-27; The cell phone 402 processor receives results of the analysis from the remote computer, which also has a processor).
As to claim 16, Rentzepis teaches the method of claim 15, further including distancing the portable Raman spectrometer (Rentzepis abstract; small, handheld Raman spectrometer device) from the fluid sample for probing the fluid sample with spectroscopy (Rentzepis col. 3 lines 49-52; The Raman spectrometer is for detecting and identifying, and optionally measuring the concentration of, chemical and biological molecules in situ. Col. 8 lines 9-19; Fig. 4B; The sample 206 location is outside the spectrometer 420. Thus, the spectrometer 420 is distanced from the sample 206. In the area of the recess, the housing includes openings or windows 424, 426 that allow the excitation beam from the laser 202 as well as the Raman-scattered light from the sample to pass through. Thus, the sample 206 is probed with spectroscopy).
As to claim 17, Rentzepis teaches the method of claim 15, further including communicating analyzed data from the processor to the computer platform of the spectrometer (Rentzepis fig 4B; claim 11; col. 3 lines 15-27; The cell phone 402 processor receives results of the analysis from the remote computer (which also has a processor) and displays them to the cell-phone user).
As to claim 18, Rentzepis teaches the method of claim 17, further including displaying the analyzed data received from the processor on the spectrometer (Rentzepis fig 4B; claim 11; col. 3 lines 15-27; The cell phone 402 processor receives results of the analysis from the remote computer (which also has a processor) and displays them to the cell-phone user).
As to claim 19, Rentzepis teaches the method of claim 15, wherein a data store in selective communication with the processor and the computer platform of the spectrometer (Rentzepis claim 4; the cell phone 402 stores data and a software application to process Raman spectra recorded using the cell-phone camera), and further including the computer platform transmitting spectroscopic data to the data store (Rentzepis Claim 11; col. 3 lines 15-27; The cell phone 402 transmits the Raman spectrum over a communications network (e.g., a cellular or WiFi network). Claim 11; col. 3 lines 15-27; The cell phone 402 processor receives results of the analysis from the remote computer (which also has a processor) and displays them to the cell-phone user).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Rentzepis in view of Carron, further in view of Ishihama et al. (US 6545755 B1), hereinafter Ishihama.
As to claim 20, Rentzepis teaches the method of claim 15 further including: comparing the analyzed data from the spectroscopic data transmitting from the spectrometer against a sample data (Rentzepis col. 3 lines 15-27; The cell phone identifies molecules and determines their structure or concentration in the sample. The cell phone is in communication with the remote computer to perform spectral analysis to identify the sample. The analyzed data can be compared to a sample data from the remote computer, allowing for the sample to be identified).
However, Rentzepis in view of Carron does not explicitly disclose wherein a Raman microscope is located remotely from the spectrometer, and further including: collecting a physical specimen of the fluid sample; analyzing the collected physical sample at the Raman microscope; and the sample data is the analyzed physical sample data of the Raman microscope.
Ishihama, in the same field of endeavor as the claimed invention, teaches wherein a Raman microscope is located remotely from the spectrometer (Ishihama abstract; The micro-Raman spectroscopy system uses a sample stage having a function of reproducing an image of a foreign material on a wafer under an optical microscope), and further including:
collecting a physical specimen (Ishihama claim 1; a foreign material) of the fluid sample (Ishihama col. 1 lines 44-45; The chemical components of the sample can be identified by analyzing the Raman spectrum);
analyzing the collected physical sample at the Raman microscope (Ishihama claim 1; Raman analysis optical system acts to take Raman scattering light emitted from the foreign material excited by the laser light out of the optical axis of the optical microscope);
and the sample data is the analyzed physical sample data of the Raman microscope (Ishihama col. 1 lines 44-45; The chemical components of the sample can be identified by analyzing the Raman spectrum. Col. 6 lines 6-10; claim 16; Raman spectra derived from various substances have been previously prepared, and therefore have been analyzed physically. The Raman spectra have been stored as a database in the computer 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Rentzepis in view of Carron to incorporate the teachings of Ishihama to include wherein a Raman microscope is located remotely from the spectrometer, and further including: collecting a physical specimen of the fluid sample; analyzing the collected physical sample at the Raman microscope; and the sample data is the analyzed physical sample data of the Raman microscope; for the advantage of identification in a short time (Ishihama col. 6 lines 9-16).
Conclusion
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877