DETAILED ACTION
Applicant’s arguments, filed on 02/02/2026, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed on 02/02/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Claims 1-8, 10-12, and 14-17 are the current claims hereby under examination.
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 Objections
Claim 12 is objected to because of the following informalities:
In claim 12, line 6, “the sealing element” should read “a sealing element”, as there is no antecedent basis for this limitation in the claims
Appropriate correction is required.
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 3 and 17 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 3, the claim recites the limitation “an absorption volume” in lines 2-3. It is unclear if this limitation is meant to refer to the absorption volume from claim 1, line 8, or a different absorption volume. If it is meant to refer to the absorption volume from claim 1, it needs to refer back to it. If it is meant to refer to a different absorption volume, it needs to be distinguished from the absorption volume from claim 1. For purposes of examination, it is being interpreted as referring to the absorption volume from claim 1.
Regarding claim 17, the claim recites the limitation “a sealing element” in line 2. It is unclear if this limitation is meant to refer to the sealing element from claim 12, line 6, or a different sealing element. If it is meant to refer to the sealing element from claim 12, it needs to refer back to it. If it is meant to refer to a different sealing element, it needs to be distinguished from the sealing element from claim 12. For purpose of examination, it is being interpreted as referring to the sealing element from claim 12.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-8, 10-11, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Dehe (US 9513261) in view of Oehler (US 4740086), Chen (CN 110333190), and Konig (US 20210349056). Citations to CN 110333190 will refer to the English Machine Translation that accompanies this Office Action.
Regarding independent claim 1, Dehe teaches a method for determining a concentration of a target gas in blood of a human or animal animate being (Column 1, lines 6-8: “Embodiments relate to photoacoustic measurement concepts and in particular to a photoacoustic gas sensor device and a method for analyzing gas.”), comprising the steps of:
generating, by a source, electromagnetic excitation radiation having a carrier frequency, wherein the carrier frequency is selected such that the target gas and an absorbing gas absorb the excitation radiation (Column 3, lines 47-54: “The photoacoustic gas sensor device 100 is a device capable of analyzing gas based on the photoacoustic effect. For this, the photoacoustic gas sensor device 100 comprises an emitter module 120 for generating light pulses to be absorbed by a gas in order to cause an acoustic wave and a pressure-sensitive module 130 for detecting the acoustic wave and generating a corresponding sensor signal 132.”; Column 4, lines 24-31: “For example, the light pulses generated by the emitter module 120 may comprise frequency portions within the infrared frequency region (e.g. 780 nm to 1 mm or between 300 GHz and 400 THz) or visible frequency region. Alternatively, the emitter module may emit light pulses within a narrow frequency band adjusted to the gas to be analyzed or a component of the gas to be analyzed (e.g. for selectively exciting an absorption within the gas to be analyzed).” The emitter module is the source, and the light pulses are the electromagnetic excitation radiation. The specific frequency chosen is the carrier frequency, which is specifically chosen for exciting an absorption within the gas to be analyzed (the target gas); Column 5, lines 48-53: “only the portion of the light pulses not already absorbed by the gas to be analyzed can reach the reference gas volume 102 so that variations of the absorptions within the gas to be analyzed have a large influence resulting in a high accuracy of the gas analysis”. The reference gas is the absorbing gas, which absorbs the light that was not absorbed by the gas to be analyzed.),
modulating an amplitude or the carrier frequency of the excitation radiation with a modulation frequency (Column 4, lines 32-39: “the emitter module 120 can generate the light pulses with a predefined temporal characteristic. For example, the light pulses can be obtained by varying the light intensity of the emitted light (e.g. by modulating the light or by generating single flashes of light). For example, the emitter module 120 may be triggered periodically causing light pulses with predefined time intervals in between or with a predefined temporal frequency.”),
illuminating an absorption path in an absorption with the excitation radiation (Fig. 2 shows the light passing through volume 104 (of the target gas) and volume 102 (the reference gas), which forms the absorption path, which contains the absorption volume.).
However, Dehe does not disclose the absorption path being on the skin of the animate being.
Oehler discloses an apparatus for the photoacoustic detection of gases. Specifically, Oehler teaches illuminating an absorption path superficially of a skin of the animate being (Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”). Dehe and Oehler are analogous arts as they are both related to photoacoustic sensors.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to specify the method is performed on the skin of the user as it allows the device to measure important health information for the user.
The Dehe/Oehler combination teaches generating a sound wave by an absorption of the excitation radiation in the absorption gas (Dehe, Column 3, lines 47-53: “The photoacoustic gas sensor device 100 is a device capable of analyzing gas based on the photoacoustic effect. For this, the photoacoustic gas sensor device 100 comprises an emitter module 120 for generating light pulses to be absorbed by a gas in order to cause an acoustic wave and a pressure-sensitive module 130 for detecting the acoustic wave and generating a corresponding sensor signal 132.”. The acoustic wave is the sound wave.), and
detecting at least one of an amplitude and a phase of the sound wave as a measure of the concentration of the target gas on the absorption path (Dehe, Column 4, line 44-Column 5, line 9: “The pressure-sensitive module 130 is configured to generate a signal indicating information on a pressure or pressure variation applied to the pressure-sensitive module 130, for example. For example, the pressure-sensitive module 130 may comprise a membrane (e.g. of a microphone structure) or a piezoelectric element. The pressure applied to the membrane or the piezoelectric element (e.g. caused by reference gas within the reference gas volume) may cause a signal with a voltage or a current proportional to the applied pressure, a pressure variation or a pressure difference of time, for example. If a light pulse or a portion of a light pulse emitted by the emitter module 120 is absorbed by the reference gas or a component of the reference gas within the reference gas volume 102, an acoustic wave 124 is excited or generated. This acoustic wave 124 propagates through the reference gas volume 102 and reaches the pressure-sensitive module 130. This acoustic wave 124 causes a pressure variation at the pressure-sensitive module 130 so that the pressure-sensitive module 130 can generate the sensor signal 132 indicating information on the acoustic wave 124. This information may be a voltage or a current proportional to the pressure or a pressure variation caused by the acoustic wave 124, for example. The strength of the acoustic wave 124 may be proportional to the amount of light absorbed by the reference gas. Therefore, if a large amount or portion of the light pulses is already absorbed by the gas to be analyzed within the volume 104 intended to be filled with the gas to be analyzed, only a low portion of the light pulses (i.e. light pulses with low intensity) reaches the reference gas volume 102 causing a weak acoustic wave 124 and vice-versa. Consequently, the information contained by the sensor signal 132 can be used for determining portions of components within the gas to be analyzed.”; Column 18, lines 1-8: “The pressure-sensitive module 1230 detects acoustic waves caused by the different light pulses with different temporal occurrence characteristics corresponding to the respective trigger frequency so that the sensor signal 1232 comprises signal portions with different frequencies as illustrated by the diagram indicating the signal amplitude A over frequency f of the sensor signal 1232.”; Column 18, lines 22-27: “Each infrared source may be chopped with a special frequency that can be clearly distinguished by one microphone (pressure-sensitive module). With a frequency analysis of the microphone spectrum (sensor signal) the gases can be distinguished and analyzed in concentration”; Both frequency and amplitude of the sound wave can be used to determine properties of the target gas, including the concentration.).
However, the Dehe/Oehler combination is silent on the absorption volume size.
Chen teaches a micro-acoustic gas sensor. Specifically, Chen teaches wherein the absorption volume is 1 millilitre or less ([0025]: “the gas to be measured can diffuse into the photoacoustic microcavity with a volume of only microliters”. Microliters are less than 1 milliliter, therefore teaching on this limitation.). Dehe, Oehler, and Chen are analogous art as they are all related to photoacoustic sensors.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the volume from Chen into the Dehe/Oehler combination as the combination is silent on the volume, and Chen discloses a suitable volume in an analogous device.
The Dehe/Oehler/Chen combination teaches wherein the absorption volume is closed off at least in sections by a housing, wherein the housing has an opening through which the target gas flows into the absorption volume during operation of a photoacoustic sensor (Dehe, Column 19, lines 44-48: “The volume 1402 intended to be filled by the gas to be analyzed is enclosed by a housing 1403 comprising a gas inlet 1407 (e.g. for providing gas to be analyzed) and a gas outlet 1405 (e.g. for draining of gas)”).
However, the Dehe/Oehler/Chen combination does not teach wherein the opening is a diffusion opening.
Chen discloses a diffusion opening ([0046]: “The gas to be measured diffuses into the photoacoustic microcavity 2 through the small hole 3”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the diffusion opening from Chen into the Dehe/Oehler/Chen combination as it allows for a uniform and controlled distribution of the gas into the absorption volume, which can allow more control over the introduction of the gas and a steadier flow.
However, the Dehe/Oehler/Chen combination does not teach wherein the photoacoustic sensor comprises a heating device, wherein the heating device is arranged and configured such that the heating device, in operation of the photoacoustic sensor, heats at least the absorption volume or the skin of the animate being in a vicinity of the diffusion opening.
Konig discloses a photoacoustic measurement setup. Specifically, Konig teaches wherein the photoacoustic sensor comprises a heating device, wherein the heating device is arranged and configured such that the heating device, in operation of the photoacoustic sensor, heats at least the absorption volume or the skin of the animate being in a vicinity of the diffusion opening ([0011]-[0012]: “the infrared radiator can comprise at least two heaters. Every thermal radiator, as a coil, a wire, a filament, but also semiconductors can be used as a heater. By arranging two or more heaters in the infrared radiator it is possible to manipulate the emitted broadband light with a higher degree of freedom. For example, it is possible to arrange a plurality of heaters in an array in order to adjust the intensity of the radiated light by switching selected heaters on or off … the heaters are arranged outside of the photoacoustic measurement cell. For example, the heaters of the infrared radiator may emit broadband light through a window into the photoacoustic cell. Two or more heaters may be arranged outside of the photoacoustic measurement cell.”. The heaters are the heating device, which emit heat through a window into the photoacoustic cell, which includes the absorption volume.). Dehe, Oehler, Chen, and Konig are analogous art as they are all related to photoacoustic sensors.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the heating device from Konig into the Dehe/Oehler/Chen combination as it allows the device to manipulate the emitted light with a higher degree of freedom, which allows for more control of the device.
Regarding claim 2, the Dehe/Oehler/Chen/Konig combination teaches the method according to claim 1, wherein the absorption path is distanced from the skin of the animate being by 5 cm or less (Oehler, Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”. The skin is directly attached to the absorption path, therefore the distance is less than 5 cm.).
Regarding claim 3, the Dehe/Oehler/Chen/Konig combination teaches the method according to claim 1, wherein the absorption gas is enclosed in a detection chamber (Dehe, Column 1, lines 42-53: “Due to the placement of the emitter module so that the light pulses provided by the emitter module pass the volume intended to be filled with the gas to be analyzed before entering the reference gas volume, only the not absorbed portion of the light pulses reaches the reference gas volume and causes an acoustic wave. By implementing the emitter module and the pressure-sensitive module on a common carrier substrate in combination with a placement of the pressure-sensitive module within a reference gas volume, a gas can be analyzed with regard to one or more components contained by the reference gas with high accuracy and low effort.”. The detection chamber is the volume 102 in Figure 2).
However, the Dehe/Oehler/Chen/Konig combination does not teach wherein the detection chamber is sealed.
Oehler teaches a sealed detection chamber (Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the detection chamber being sealed from Oehler into the Dehe/Oehler/Che/Konig n combination as it ensures that the gas sample is contained while being tested, which ensures that the measurements are correct and accurate.
The Dehe/Oehler/Chen/Konig combination teaches wherein the absorption path passes through an absorption volume outside the detection chamber and in a beam direction of the excitation radiation in front of the detection chamber (Dehe, Column 1, lines 42-53: “Due to the placement of the emitter module so that the light pulses provided by the emitter module pass the volume intended to be filled with the gas to be analyzed before entering the reference gas volume, only the not absorbed portion of the light pulses reaches the reference gas volume and causes an acoustic wave. By implementing the emitter module and the pressure-sensitive module on a common carrier substrate in combination with a placement of the pressure-sensitive module within a reference gas volume, a gas can be analyzed with regard to one or more components contained by the reference gas with high accuracy and low effort.”. The detection chamber is the volume 102 in Figure 2, and the absorption volume outside the detection chamber where the target gas diffuses is the volume 104 in Figure 2.), wherein the target gas diffuses through the skin of the animate being into the absorption volume (Oehler, Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”).
Regarding independent claim 4, Dehe teaches a photoacoustic sensor for determining a content of a target gas in blood of a human or animal animate being (Abstract: “A photoacoustic gas sensor device for analyzing gas includes an emitter module and a pressure-sensitive module”), wherein the photoacoustic sensor comprises:
a source configured such that in an operation of the photoacoustic sensor the source generates electromagnetic excitation radiation having a carrier frequency (Column 3, lines 47-54: “The photoacoustic gas sensor device 100 is a device capable of analyzing gas based on the photoacoustic effect. For this, the photoacoustic gas sensor device 100 comprises an emitter module 120 for generating light pulses to be absorbed by a gas in order to cause an acoustic wave and a pressure-sensitive module 130 for detecting the acoustic wave and generating a corresponding sensor signal 132.”; Column 4, lines 24-31: “For example, the light pulses generated by the emitter module 120 may comprise frequency portions within the infrared frequency region (e.g. 780 nm to 1 mm or between 300 GHz and 400 THz) or visible frequency region. Alternatively, the emitter module may emit light pulses within a narrow frequency band adjusted to the gas to be analyzed or a component of the gas to be analyzed (e.g. for selectively exciting an absorption within the gas to be analyzed).” The emitter module is the source, and the light pulses are the electromagnetic excitation radiation. The specific frequency chosen is the carrier frequency, which is specifically chosen for exciting an absorption within the gas to be analyzed (the target gas); Column 5, lines 48-53: “only the portion of the light pulses not already absorbed by the gas to be analyzed can reach the reference gas volume 102 so that variations of the absorptions within the gas to be analyzed have a large influence resulting in a high accuracy of the gas analysis”. The reference gas is the absorbing gas, which absorbs the light that was not absorbed by the gas to be analyzed.), wherein the excitation radiation is amplitude modulated or frequency modulated at a modulation frequency (Column 4, lines 32-39: “the emitter module 120 can generate the light pulses with a predefined temporal characteristic. For example, the light pulses can be obtained by varying the light intensity of the emitted light (e.g. by modulating the light or by generating single flashes of light). For example, the emitter module 120 may be triggered periodically causing light pulses with predefined time intervals in between or with a predefined temporal frequency.”),
an absorption volume containing the target gas (Fig. 2 shows the light passing through volume 104 (of the target gas) and volume 102 (the reference gas), which forms the absorption path, which contains the absorption volume.).
However, Dehe does not teach that the absorption volume is configured such that, in the operation of the photoacoustic sensor, the target gas diffused through a skin of the animate being is distributed in the absorption volume.
Oehler teaches wherein the absorption volume is configured such that, in the operation of the photoacoustic sensor, the target gas diffused through a skin of the animate being is distributed in the absorption volume (Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to specify the method is performed on the skin of the user as it allows the device to measure important health information for the user.
The Dehe/Oehler combination teaches wherein the source and the absorption volume are arranged and configured such that, in the operation of the photoacoustic sensor, the electromagnetic excitation radiation of the source illuminates an absorption path within the absorption volume (Dehe, Fig. 2 shows the light passing through volume 104 (of the target gas) and volume 102 (the reference gas), which forms the absorption path, which contains the absorption volume.), and
a sound detector, wherein the sound detector is configured and arranged such that in the operation of the photoacoustic sensor the sound detector detects a sound wave excited by the excitation radiation in an absorbing gas (Dehe, Column 3, lines 26-30: “The pressure-sensitive module 130 generates a sensor signal 132 indicating information on an acoustic wave 124 caused by light pulses 122 emitted by the emitter module 120 interacting with a reference gas within the reference gas volume 102”. The pressure-sensitive module is the sound detector. The reference gas is the absorbing gas.), which the absorbing gas comprises an absorption at the carrier frequency (Dehe, Column 5, lines 48-53: “only the portion of the light pulses not already absorbed by the gas to be analyzed can reach the reference gas volume 102 so that variations of the absorptions within the gas to be analyzed have a large influence resulting in a high accuracy of the gas analysis”; Column 3, lines 47-53: “The photoacoustic gas sensor device 100 is a device capable of analyzing gas based on the photoacoustic effect. For this, the photoacoustic gas sensor device 100 comprises an emitter module 120 for generating light pulses to be absorbed by a gas in order to cause an acoustic wave and a pressure-sensitive module 130 for detecting the acoustic wave and generating a corresponding sensor signal 132.”. The reference gas is the absorbing gas, which absorbs the light that was not absorbed by the gas to be analyzed.), wherein at least one of amplitude and phase of the sound wave is a measure of a concentration of the target gas in the absorption volume (Column 4, line 44-Column 5, line 9: “The pressure-sensitive module 130 is configured to generate a signal indicating information on a pressure or pressure variation applied to the pressure-sensitive module 130, for example. For example, the pressure-sensitive module 130 may comprise a membrane (e.g. of a microphone structure) or a piezoelectric element. The pressure applied to the membrane or the piezoelectric element (e.g. caused by reference gas within the reference gas volume) may cause a signal with a voltage or a current proportional to the applied pressure, a pressure variation or a pressure difference of time, for example. If a light pulse or a portion of a light pulse emitted by the emitter module 120 is absorbed by the reference gas or a component of the reference gas within the reference gas volume 102, an acoustic wave 124 is excited or generated. This acoustic wave 124 propagates through the reference gas volume 102 and reaches the pressure-sensitive module 130. This acoustic wave 124 causes a pressure variation at the pressure-sensitive module 130 so that the pressure-sensitive module 130 can generate the sensor signal 132 indicating information on the acoustic wave 124. This information may be a voltage or a current proportional to the pressure or a pressure variation caused by the acoustic wave 124, for example. The strength of the acoustic wave 124 may be proportional to the amount of light absorbed by the reference gas. Therefore, if a large amount or portion of the light pulses is already absorbed by the gas to be analyzed within the volume 104 intended to be filled with the gas to be analyzed, only a low portion of the light pulses (i.e. light pulses with low intensity) reaches the reference gas volume 102 causing a weak acoustic wave 124 and vice-versa. Consequently, the information contained by the sensor signal 132 can be used for determining portions of components within the gas to be analyzed.”; Column 18, lines 1-8: “The pressure-sensitive module 1230 detects acoustic waves caused by the different light pulses with different temporal occurrence characteristics corresponding to the respective trigger frequency so that the sensor signal 1232 comprises signal portions with different frequencies as illustrated by the diagram indicating the signal amplitude A over frequency f of the sensor signal 1232.”; Column 18, lines 22-27: “Each infrared source may be chopped with a special frequency that can be clearly distinguished by one microphone (pressure-sensitive module). With a frequency analysis of the microphone spectrum (sensor signal) the gases can be distinguished and analyzed in concentration”; Both frequency and amplitude of the sound wave can be used to determine properties of the target gas, including the concentration.).
However, the Dehe/Oehler combination is silent on the absorption volume size.
Chen teaches a micro-acoustic gas sensor. Specifically, Chen teaches wherein the absorption volume is 1 millilitre or less ([0025]: “the gas to be measured can diffuse into the photoacoustic microcavity with a volume of only microliters”. Microliters are less than 1 milliliter, therefore teaching on this limitation.). Dehe, Oehler, and Chen are analogous art as they are all related to photoacoustic sensors.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the volume from Chen into the Dehe/Oehler combination as the combination is silent on the volume, and Chen discloses a suitable volume in an analogous device.
The Dehe/Oehler/Chen combination teaches wherein the absorption volume is closed off at least in sections by a housing, wherein the housing has an opening through which the target gas flows into the absorption volume during operation of the photoacoustic sensor (Column 19, lines 44-48: “The volume 1402 intended to be filled by the gas to be analyzed is enclosed by a housing 1403 comprising a gas inlet 1407 (e.g. for providing gas to be analyzed) and a gas outlet 1405 (e.g. for draining of gas)”).
However, the Dehe/Oehler/Chen combination does not teach wherein the opening is a diffusion opening.
Chen discloses a diffusion opening ([0046]: “The gas to be measured diffuses into the photoacoustic microcavity 2 through the small hole 3”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the diffusion opening from Chen into the Dehe/Oehler/Chen combination as it allows for a uniform and controlled distribution of the gas into the absorption volume, which can allow more control over the introduction of the gas and a steadier flow.
However, the Dehe/Oehler/Chen combination does not teach wherein the photoacoustic sensor comprises a heating device, wherein the heating device is arranged and configured such that the heating device, in operation of the photoacoustic sensor, heats at least the absorption volume or the skin of the animate being in a vicinity of the diffusion opening.
Konig discloses a photoacoustic measurement setup. Specifically, Konig teaches wherein the photoacoustic sensor comprises a heating device, wherein the heating device is arranged and configured such that the heating device, in operation of the photoacoustic sensor, heats at least the absorption volume or the skin of the animate being in a vicinity of the diffusion opening ([0011]-[0012]: “the infrared radiator can comprise at least two heaters. Every thermal radiator, as a coil, a wire, a filament, but also semiconductors can be used as a heater. By arranging two or more heaters in the infrared radiator it is possible to manipulate the emitted broadband light with a higher degree of freedom. For example, it is possible to arrange a plurality of heaters in an array in order to adjust the intensity of the radiated light by switching selected heaters on or off … the heaters are arranged outside of the photoacoustic measurement cell. For example, the heaters of the infrared radiator may emit broadband light through a window into the photoacoustic cell. Two or more heaters may be arranged outside of the photoacoustic measurement cell.”. The heaters are the heating device, which emit heat through a window into the photoacoustic cell, which includes the absorption volume.). Dehe, Oehler, Chen, and Konig are analogous art as they are all related to photoacoustic sensors.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the heating device from Konig into the Dehe/Oehler/Chen combination as it allows the device to manipulate the emitted light with a higher degree of freedom, which allows for more control of the device.
Regarding claim 5, the Dehe/Oehler/Chen/Konig combination teaches the photoacoustic sensor according to claim 4, wherein the photoacoustic sensor comprises a detection chamber (Dehe, Column 1, lines 42-53: “Due to the placement of the emitter module so that the light pulses provided by the emitter module pass the volume intended to be filled with the gas to be analyzed before entering the reference gas volume, only the not absorbed portion of the light pulses reaches the reference gas volume and causes an acoustic wave. By implementing the emitter module and the pressure-sensitive module on a common carrier substrate in combination with a placement of the pressure-sensitive module within a reference gas volume, a gas can be analyzed with regard to one or more components contained by the reference gas with high accuracy and low effort.”. The detection chamber is the volume 102 in Figure 2, and the absorption volume outside the detection chamber where the target gas diffuses is the volume 104 in Figure 2.), wherein the detection chamber comprises a detection volume separate from the absorption volume (The detection chamber is volume 102 in Figure 2, and the absorption volume is 104 in Figure 2.).
However, the Dehe/Oehler/Chen/Konig combination does not teach wherein the detection chamber is sealed.
Oehler teaches a sealed detection volume (Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the detection chamber being sealed from Oehler into the Dehe/Oehler/Chen/Konig combination as it ensures that the gas sample is contained while being tested, which ensures that the measurements are correct and accurate.
The Dehe/Oehler/Chen/Konig combination teaches wherein the detection chamber contains the absorption gas, and wherein the absorbing gas exhibits absorption at the same carrier frequency as the target gas (Dehe, Column 1, lines 42-53: “Due to the placement of the emitter module so that the light pulses provided by the emitter module pass the volume intended to be filled with the gas to be analyzed before entering the reference gas volume, only the not absorbed portion of the light pulses reaches the reference gas volume and causes an acoustic wave. By implementing the emitter module and the pressure-sensitive module on a common carrier substrate in combination with a placement of the pressure-sensitive module within a reference gas volume, a gas can be analyzed with regard to one or more components contained by the reference gas with high accuracy and low effort.”. If the target gas and the absorbing gas are the same gas, then they can exhibit absorption at the same carrier frequency.).
Regarding claim 6, the Dehe/Oehler/Chen/Konig combination teaches the photoacoustic sensor according to claim 5.
However, the Dehe/Oehler/Chen/Konig combination is silent on the length of the absorption path.
Chen teaches wherein the length of the absorption path in the absorption volume is 10 mm or less ([0023]: “According to equations (1), (2), (3), (4), and (5), when the inner diameter and length of the photoacoustic microcavity are 1 mm and 5 mm, respectively, the photoacoustic frequency responses of the sensor without a small hole and with small holes of different radii are calculated”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the length from Chen as the Dehe/Oehler/Chen/Konig combination is silent on the length, and Chen discloses a suitable length in an analogous device.
Regarding claim 7, the Dehe/Oehler/Chen/Konig combination teaches the photoacoustic sensor according to claim 5.
Chen teaches wherein the absorption volume is in microliters ([0025]: “the gas to be measured can diffuse into the photoacoustic microcavity with a volume of only microliters”).
Chen does not disclose the absorption volume being specifically 100 microliters or less, however it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to construct the volume to be 100 microliters or less, since the Dehe/Oehler/Chen combination is silent on the specific volume, and a mere change in size of a component is recognized as being within the level of ordinary skill in the art.
Regarding claim 8, the Dehe/Oehler/Chen/Konig combination teaches the photoacoustic sensor according to claim 5, wherein the absorption gas has a strongest absorption line, and wherein a length of the section of the absorption path in the detection chamber is approximately equal to the average absorption length at the strongest absorption line of the absorption gas (Dehe, Column 1, lines 42-53: “Due to the placement of the emitter module so that the light pulses provided by the emitter module pass the volume intended to be filled with the gas to be analyzed before entering the reference gas volume, only the not absorbed portion of the light pulses reaches the reference gas volume and causes an acoustic wave. By implementing the emitter module and the pressure-sensitive module on a common carrier substrate in combination with a placement of the pressure-sensitive module within a reference gas volume, a gas can be analyzed with regard to one or more components contained by the reference gas with high accuracy and low effort.”; Column 4, lines 24-31: “the light pulses generated by the emitter module 120 may comprise frequency portions within the infrared frequency region (e.g. 780 nm to 1 mm or between 300 GHz and 400 THz) or visible frequency region. Alternatively, the emitter module may emit light pulses within a narrow frequency band adjusted to the gas to be analyzed or a component of the gas to be analyzed (e.g. for selectively exciting an absorption within the gas to be analyzed)”. Dehe is silent on the specific length of the detection chamber, however it would have been obvious to include the length to be long enough for the gas to absorb the signals, as otherwise would not allow the signal to be measured, and it would be a mere change in size, which is recognized as being within the level of ordinary skill in the art.).
Regarding claim 10, the Dehe/Oehler/Chen/Konig combination teaches the photoacoustic sensor according to claim 4.
However, the Dehe/Oehler/Chen/Konig combination is silent on the diameter of the diffusion opening.
Chen teaches wherein the diffusion opening comprises a cylindrical inner wall surface with a diameter of less than 50% of the length of the absorption path in the absorption volume ([0047]: “The photoacoustic microcavity 2 has an inner diameter of 1 mm and a length of 5 mm. The small hole 3 is located in the middle of the photoacoustic microcavity 2, with a radius of 0.1 mm”. The length (the absorption path) is 5 mm, and the diameter of the diffusion opening is 0.1mm, which is less than 50%.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the dimensions from Chen into the Dehe/Oehler/Chen/Konig combination as the combination is silent on the dimensions, and Chen discloses suitable dimensions in an analogous device.
Regarding claim 11, the Dehe/Oehler/Chen/Konig combination teaches the photoacoustic sensor according to claim 4, wherein the photoacoustic sensor comprises a collecting element, wherein the collecting element is in fluid communication with the diffusion opening such that the target gas can diffuse from the skin through the collecting element into the diffusion opening, and wherein the collecting element has a cross-sectional area through which the target gas can flow (Dehe, Fig. 2, gas inlet 207 shows a collecting element that transports the target gas from the source to the volume 104. The diffusion opening can be placed between the inlet 207 and the volume 104.).
The Dehe/Oehler/Chen/Konig combination does not teach which cross-sectional area is larger than a cross-sectional area of the diffusion opening, however it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to construct the area to be larger than the area of the diffusion opening, since the Dehe/Oehler/Chen combination is silent on the specific sizes, and a mere change in size of a component is recognized as being within the level of ordinary skill in the art.
Regarding claim 14, the Dehe/Oehler/Chen/Konig combination teaches the photoacoustic sensor according to claim 4, wherein the source is a thermal source or a light emitting diode (Dehe, Column 4, lines 40-43: “The emitter module 120 may be implemented in various ways. For example, the emitter module 120 may comprise a thermal emitter element, a photodiode element or a laser diode (e.g. infrared diode or infrared laser diode).”).
Regarding claim 15, the Dehe/Oehler/Chen/Konig combination teaches a system comprising the photoacoustic sensor according to claim 4, wherein the system is wearable on a body of the human or animal animate being during use (Oehler, Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”).
Claims 12 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over the Dehe/Oehler/Chen/Konig combination as applied to claim 4 above, and further in view of Helmut (GB 2056689).
Regarding claim 12, the Dehe/Oehler/Chen/Konig combination teaches the photoacoustic sensor according to claim 4, wherein the housing comprises a contact device, wherein the contact device is configured and arranged such that the housing with the contact device can be placed on the skin of the animate being such that the diffusion opening points towards the skin (Oehler, Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”. The connecting piece is the contact device, and the sealing element is the additional seal.).
However, the Dehe/Oehler/Chen/Konig combination does not teach wherein the sealing element is configured in such a way that the sealing element can be used to provide a gas-tight seal between the housing and the skin of the animate being.
Helmut discloses a sensor for measuring gases in the blood. Specifically, Helmut teaches wherein the sealing element is configured in such a way that the sealing element can be used to provide a gas-tight seal between the housing and the skin of the animate being (Page 1, lines 58-60: “a separating membrane which is stretched over the working face of the receiver provided for contact with the skin and which seals the sensor part in an air-tight manner”). Dehe, Oehler, Chen, and Helmut are analogous art as they are all related to devices used to measure gases from a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the sealing element providing a seal between the housing and the skin from Helmut into the Dehe/Oehler/Chen/Konig combination as it ensures that the sealing element contains the gas, which ensures that the entire sample is measured.
Regarding claim 16, the Dehe/Oehler/Chen/Konig/Helmut combination teaches the photoacoustic sensor according to claim 12, wherein the contact device forms a closed circumferential ring around the diffusion opening (Oehler, Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”. The contact device surrounds the gas passage opening, which is analogous to the diffusion opening, which is circular, therefore the contact device would be a closed circumferential ring so as to surround the circular opening.).
Regarding claim 17, the Dehe/Oehler/Chen/Konig/Helmut combination teaches the photoacoustic sensor according to claim 12, wherein the contact device comprises a sealing element (Oehler, Fig. 8; Column 11, lines 38-47: “FIG. 8 shows a photoacoustic gas detector 35, which has a gas passage opening 51 constructed as a connecting piece 55. The latter is terminated by a pressed-on, acoustically decoupling, gas-permeable element 81, which in turn forms the surface of the material being measured 82. A good termination of connecting piece 55 is ensured by an additional seal 83. The material being measured 82 can be an organism or part thereof and the gas-permeable element 81 can be the skin thereof.”. The additional seal is the sealing element.).
Response to Arguments
All of applicant’s argument regarding the rejections and objections previously set forth have been fully considered and are persuasive unless directly addressed subsequently.
Applicant’s amendments to the claims has overcome the claim objections and 112(b) rejections, however the amendments have introduced new claim objections and 112(b) rejections.
Applicant’s arguments with respect to the 103 rejections have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/E.K.M./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791
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