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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 12-16, in the reply filed on 3/20/2026 is acknowledged.
After further review, the traversal has been found convincing, and the restriction of 3/20/2026 has been withdrawn.
Therefore, claims 12-23 are currently pending for examination.
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 13 and 18 are 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.
Regarding Claim 13, line 4 (and line 4 of claim 18) recites “a first light emitting element and a second light emitting element” and it is unclear if these first and second light emitting elements are the same as the light emitting element recited in line 2 of claims 12 and line 8 of claim 17. In addition, it is unclear if “a first optical element” recited in line 2 of claims 13 and 18 is the same as “a first optical element” recited in claims 12 and 17.
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) 12-16 and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huemer et al (WO 2019204840, with references taken from US PGPub 2021/0239604, both cited in the IDS).
Regarding Claim 12, Huemer et al teaches a light source (referred to as a light-supplying unit 540)(see [0078] and Figure 3a-f), comprising: a substrate (referred to as printed circuit board 582) on which a light emitting element (such as at least one of LED light sources 541) is placed (see [0102]);
a temperature adjustment unit (referred to as an aluminum block 583 having cooling fins 577) disposed so as to be in contact with a second side surface of the substrate (582) opposite to a first side surface on which the light emitting element (541) is placed and configured to adjust a temperature of the light emitting element (see [0109]-[0112]);
a first optical element (such as diverging lens 591, which may be arranged on the output side of the interference filter 553) configured to transmit light emitted by the light emitting element to an outside (see [0087]-[0088]); and
a member (i.e. the light distributor device 542) assembled to the temperature adjustment unit (aluminum block 583 with cooling fins 577 and configured to cover the light emitting element and the substrate so as to block an influence of a change in an ambient temperature to the light emitting element and the substrate (see [0080]-[0083], [0093] and Figure 3), wherein the member (542) includes a hole portion (i.e. through-openings or pinhole diaphragms 576 and/or outlet openings 547) in a region through which light from the light emitting element passes, and the first optical element (lens 591 and/or filter 553) is assembled so as to be accommodated in the hole portion (see Figure 3, [0088], [0097] and [0100]).
Regarding Claim 13, Huemer et al teaches that the light source (540) further comprises:
a multiplexing unit (such as multiplexers 587) configured to multiplex light transmitted through a first optical element and light transmitted through a second optical element (wherein the first and second optical elements include photodiodes 551, 575 as well as lens 591 and filter 553 ), wherein a first light emitting element and a second light emitting element (i.e. the plurality of LED light sources 541) are placed on the first side surface of the substrate, and the substrate (582) includes the first optical element configured to transmit light emitted by the first light emitting element to the outside (see Figures 3-4, [0078]-[0082], [0115]-[0116]), and
a second optical element (such as interference filter 553 and/or diverging lens 591) configured to transmit light emitted by the second light emitting element (i.e. one of the plurality of LED light sources 541) to the outside, the hole portion includes a first hole portion (such as one of outlet openings 547) in a region through which the light from the first light emitting element passes and a second hole portion (another one of outlet openings 547) in a region through which the light from the second light emitting element (541) passes, and the first optical element (interference filter 553 and/or diverging lens 591) is assembled so as to be accommodated in the first hole portion, and the second optical element (interference filter 553 and/or diverging lens 591) is assembled so as to be accommodated in the second hole portion (see Figure 3a-f, [0087], and [0096]-[0100]).
Regarding Claim 14, Huemer et al teaches that the substrate is made of aluminum having high thermal conductivity (see [0102] and [0112]).
Regarding Claim 15, Huemer et al teaches that the member (i.e. block 583 with cooling fins 577) does not include a protruding portion on an assembling surface with the temperature adjustment unit (see Figure 2a).
Regarding Claim 16, Huemer et al teaches a light source (referred to as a light-supplying unit 540) (see [0078]), comprising:
a substrate (referred to as printed circuit board 582) on which a light emitting element (such as at least one of LED light sources 541) is placed (see [0102]);
a temperature adjustment unit (referred to as an aluminum block 583 having cooling fins 577) disposed so as to be in contact with a second side surface of the substrate (582) opposite to a first side surface on which the light emitting element (541) is placed and configured to adjust a temperature of the first and second light emitting elements (see [0109]-[0112]);
a lens (such as TIR lens 549 and/or diverging lens 590) configured to transmit light emitted by the first light emitting element to an outside (see [0087], [0093] and Figure 3);
a diffusion plate (referred to as one of inner surfaces 543, 544 or 545) configured to transmit light emitted by the second light emitting element (one of LED light sources 541) to an outside (see [0083], [0088] and Figure 3); and
a member (i.e. the light distributor device 542) assembled to the temperature adjustment unit (aluminum block 583 with cooling fins 577 and configured to cover the
first light emitting element (541), the second light emitting element (another 541) and the substrate (582) (see [0080]-[0083], [0088], [0109]-[0112] and Figure 3),
wherein the member (542) includes a first hole portion (i.e. through-openings or pinhole diaphragms 576 and/or outlet openings 547) in a region through which light from the first light emitting element passes, and a second hole portion (another of the through-openings or pinhole diaphragms 576 and/or outlet openings 547) in a region through which light from the second light emitting element (one of 541) passes, the lens (590 or 549) is assembled so as to be accommodated in the first hole portion, and the diffusion plate (i.e. inner surfaces 543, 544 and 545) is assembled so as to be accommodated in the second hole portion, and the light source further comprises a multiplexing unit (i.e. multiplexer 587) configured to multiplex the light that transmits the lens and the light that transmits the diffusion plate (see [0083], [0088], [0097] and [0116]).
Regarding Claim 21, Huemer et al teaches a light source (referred to as a light-supplying unit 540) (see [0078]), comprising:
a substrate (referred to as printed circuit board 582) on which a light emitting element (such as at least one of LED light sources 541) is placed (see [0102]);
a temperature adjustment unit (referred to as an aluminum block 583 having cooling fins 577) disposed so as to be in contact with a second side surface of the substrate (582) opposite to a first side surface on which the light emitting element (541) is placed and configured to adjust a temperature of the first and second light emitting elements (see [0109]-[0112]);
a member (i.e. the light distributor device 542) assembled to the temperature adjustment unit (aluminum block 583 with cooling fins 577 and configured to cover the
first light emitting element (541), the second light emitting element (another 541) and the substrate (582) (see [0080]-[0083], [0088], [0109]-[0112] and Figure 3), so as to block an influence of a change in an ambient temperature to the light emitting element and the substrate (see [0080]-[0083], [0093] and Figure 3), wherein the member (542) includes a first hole portion (i.e. through-openings or pinhole diaphragms 576 and/or outlet openings 547) in a region through which light from the first light emitting element passes, and a second hole portion (another of the through-openings or pinhole diaphragms 576 and/or outlet openings 547) in a region through which light from the second light emitting element (one of 541) passes, and the light source further comprises a multiplexing unit (i.e. multiplexer 587) configured to multiplex the light that that passes through the first hole portion and the light that passes through the second hole portion with each other (see [0083], [0088], [0097] and [0116]).
Regarding Claim 22, Huemer et al teaches that the member (542) further includes a third hole portion (another of the through-openings or pinhole diaphragms 576 and/or outlet openings 547) that communicates with the first hole portion and the second hole portion, and the multiplexing unit is configured to be assembled so as to be accommodated in the third hole portion (see Figures 3e-f, 4, [0088], [0097] and [0116]).
Regarding Claim 23, Huemer et al teaches that temperature adjustment by the temperature adjustment unit (cooling fins 577 on block 583) includes temperature adjustment based on elevation of a temperature (see [0111]-[0112]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Huemer et al in view of Tanaka et al.
Regarding Claim 17, Huemer et al teaches an automatic analyzer (referred to as an optical measurement unit 500) comprising:
a light source (referred to as light supplying unit 540), wherein the light source (540) includes a substrate (referred to as printed circuit board 582) (see [0078] and [0101]-[0102];
a reaction cell (referred to as cuvettes 201 of cuvette array 200) (see [0078]-[0080] and Figure 2);
a light amount measuring unit (referred to as detection unit 550) configured to measure the light emitted from the reaction cell (see [0078]-[0080], [0089] and [0115]);
a temperature adjustment unit (referred to as an aluminum block 583 having cooling fins 577) disposed so as to be in contact with a second side surface of the substrate (582) opposite to a first side surface on which the light emitting element (541) is placed and configured to adjust a temperature of the light emitting element (see [0109]-[0112]);
a first optical element (such as diverging lens 591, which may be arranged on the output side of the interference filter 553) configured to transmit light emitted by the light emitting element to an outside (see [0087]-[0088]); and a member (i.e. the light distributor device 542) assembled to the temperature adjustment unit (aluminum block 583 with cooling fins 577 and configured to cover the light emitting element and the substrate so as to block an influence of a change in an ambient temperature to the light emitting element and the substrate (see [0080]-[0083], [0093] and Figure 3), wherein the member (542) includes a hole portion (i.e. through-openings or pinhole diaphragms 576 and/or outlet openings 547) in a region through which light from the light emitting element passes, and the first optical element (lens 591 and/or filter 553) is assembled so as to be accommodated in the hole portion (see Figure 3, [0088], [0097] and [0100]).
In addition, Huemer et al teaches a measurement system (such as photodiodes 551) used to disperse light from the reaction cell (i.e. the cuvettes 201 of cuvette array 200) (see [0089] and [0118]).
Huemer et al does not explicitly disclose a spectroscope configured to disperse light from the reaction cell.
However, in the analogous art of light source analysis systems, Tanaka et al teaches a spectrum analyzer equipped with a light source unit 2, a detector unit 3, and a sample stage 4 on which a sample A is placed. The light source unit 2, which is used for irradiating the sample A with wide band light P1 having a gentle spectral shape over the broad bandwidth, is equipped with a wide band light source 20 and an illuminating part 23. The detector unit 3, which is used for detecting the reflected light P2, scattered light P3 or transmitted light P4, each from the sample A, is equipped with a detecting part 31, a spectroscope 32, an optical receiver 33, and a data processor 34 (see [0023]). In addition, Tanaka et al teaches that the spectroscope 32 separates reflected light P2, scattered light P3 or transmitted light P4 into a plurality of wavelength components. The output of the spectroscope 32 is optically connected to the optical receiver 33 and the optical receiver 33 converts the light intensity of each wavelength component into an electrical signal respectively (see [0027]). It would have been obvious to one of ordinary skill in the art to modify the analyzer system of Huemer et al by further incorporating a spectroscope (as taught by Tanaka et al) within the detection unit for the benefit of separating reflected light into a plurality of wavelength components and thus dispersing these wavelengths of light from the reaction cell.
Regarding Claim 18, Huemer et al teaches that the light source (540) further comprises:
a multiplexing unit (such as multiplexers 587) configured to multiplex light transmitted through a first optical element and light transmitted through a second optical element (wherein the first and second optical elements include photodiodes 551, 575 as well as lens 591 and filter 553 ), wherein a first light emitting element and a second light emitting element (i.e. the plurality of LED light sources 541) are placed on the first side surface of the substrate, and the substrate (582) includes the first optical element configured to transmit light emitted by the first light emitting element to the outside (see Figures 3-4, [0078]-[0082], [0115]-[0116]), and
a second optical element (such as interference filter 553 and/or diverging lens 591) configured to transmit light emitted by the second light emitting element (i.e. one of the plurality of LED light sources 541) to the outside, the hole portion includes a first hole portion (such as one of outlet openings 547) in a region through which the light from the first light emitting element passes and a second hole portion (another one of outlet openings 547) in a region through which the light from the second light emitting element (541) passes, and the first optical element (interference filter 553 and/or diverging lens 591) is assembled so as to be accommodated in the first hole portion, and the second optical element (interference filter 553 and/or diverging lens 591) is assembled so as to be accommodated in the second hole portion (see Figure 3a-f, [0087], and [0096]-[0100]).
Regarding Claim 19, Huemer et al teaches that the substrate is made of aluminum having high thermal conductivity (see [0102] and [0112]).
Regarding Claim 20, Huemer et al teaches that the member (i.e. block 583 with cooling fins 577) does not include a protruding portion on an assembling surface with the temperature adjustment unit (see Figure 2a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER WECKER whose telephone number is (571)270-1109. The examiner can normally be reached 9:30AM - 6 PM EST M-F.
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/JENNIFER WECKER/ Primary Examiner, Art Unit 1797
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