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 .
DETAILED ACTION
1. This Office Action is in response to the ELC filed on 03/27/2026.
Claims 13-17 have been canceled.
Claims 21-25 have been added.
Claims 1-12 and 18-25 are pending.
Priority
2. This application is a Continuation of 16/949,601 (Patent US 11,781,972), which was filed on 11/05/2020, was acknowledged and considered.
Information Disclosure Statement
3. The information disclosure statement (IDS) filed on 03/27/2026, 06/05/2024 and 06/23/2023 comply with the provisions of M.P.E.P. 609. The examiner has considered it.
Restriction / Election
4. Applicants have elected Group I (Claims 1-12 and 18-20) without traverse.
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" ranted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
6. Claims 1-12 and 18-25 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,781,972. Although the conflicting claims are not identical, they are not patentably distinct from each other.
Instant Application 18329993
Patent US 11,781,972
Claim 1:
A method for selecting a spectroscopic sensor light source configuration, the method comprising:
generating, by a computer system using a genetic algorithm, a new individual
solution from a first individual solution and a second individual solution, wherein:
a light source dataset describes a plurality of light sources,
a spectroscopic dataset describes a plurality of materials,
the genetic algorithm is initialized with an initial generation of solutions,
an individual solution of the initial generation of solutions comprising a subset of light
sources of the plurality of light sources,
the first individual solution and the second individual solution are from the initial generation of solutions,
the first individual solution and the second individual solution are respectively described by a first chromosome encoding and a second chromosome encoding, and
generating the new individual solution comprises combining the first chromosome encoding and the second chromosome encoding;
evaluating, by the computer system using the genetic algorithm, a specificity of the new individual solution to a target material of the plurality of materials;
in accordance with the specificity of the new individual solution to the target material surpassing a specificity of the first individual solution to the target material or a
specificity of the second individual solution to the target material:
adding, by the computer
system using the genetic algorithm, the new individual solution to a new generation of solutions;
populating, by the computer system using the genetic algorithm, the new generation of solutions with a plurality of new individual solutions;
generating, by the computer system using the genetic algorithm, one or more subsequent generations of solutions by iterating the genetic algorithm;
selecting, by the computer system using the genetic algorithm, one or more implementation individual solutions from a final generation of the one or more subsequent generations by identifying the one or more implementation individual solutions exhibiting a threshold specificity to the target material; and
outputting, by the computer system, the one or more implementation individual solutions, wherein an implementation individual solution of the one or more implementation
individual solutions comprises a spectroscopic sensor light source configuration.
Claim 1:
A method for selecting a spectroscopic sensor light source configuration, the method comprising:
obtaining, by a computer system, a light source dataset describing a plurality of light sources and a spectroscopic dataset describing a plurality of materials;
initializing, by the computer system, a genetic algorithm with an initial generation of solutions, an individual solution of the initial generation of solutions comprising a subset of light sources of the plurality of light sources;
selecting, by the computer system using the genetic algorithm, a first individual solution and a second individual solution from the initial generation of solutions, the first and second individual solutions respectively described by a first chromosome encoding and a second chromosome encoding;
generating, by the computer system using the genetic algorithm, a new individual solution from the first and second individual solutions by combining the first chromosome encoding and the second chromosome encoding;
evaluating, by the computer system using the genetic algorithm, a specificity of the new individual solution to a target material of the plurality of materials;
in accordance with the specificity of the new individual solution to the target material surpassing a specificity of the first individual solution to the target material or a specificity of the second individual solution to the target material:
adding, by the computer system using the genetic algorithm, the new individual solution to a new generation of solutions; populating, by the computer system using the genetic algorithm, the new generation of solutions with a plurality of new individual solutions; generating, by the computer system using the genetic algorithm, one or more subsequent generations of solutions by iterating the genetic algorithm;
selecting, by the computer system using the genetic algorithm, one or more implementation individual solutions from a final generation of the one or more subsequent generations by identifying the one or more implementation individual solutions exhibiting a threshold specificity to the target material; and
outputting, by the computer system, the one or more implementation individual solutions, wherein an implementation individual solution of the one or more implementation individual solutions comprises a spectroscopic sensor light source configuration.
Claim 18:
A non-transitory computer readable storage medium storing instructions that, when executed by one or more processors of a computer system, cause the one
or more processors to:
generate, by a computer system using a genetic algorithm, a new individual
solution from a first individual solution and a second individual solution, wherein:
a light source dataset describes a plurality of light sources,
a spectroscopic dataset describes a plurality of materials,
the genetic algorithm is initialized with an initial generation of solutions,
an individual solution of the initial generation of solutions comprising a subset of light
sources of the plurality of light sources,
the first individual solution and the second individual solution are from the
initial generation of solutions,
the first individual solution and the second individual solution are
respectively described by a first chromosome encoding and a second chromosome
encoding, and
generating the new individual solution comprises combining the first
chromosome encoding and the second chromosome encoding;
evaluate, by the computer system using the genetic algorithm, a specificity of the
new individual solution to a target material of the plurality of materials;
in accordance with the specificity of the new individual solution to the target
material surpassing a specificity of the first individual solution to the target material or a
specificity of the second individual solution to the target material:
add, by the computer system using the genetic algorithm, the new individual solution to a new generation of solutions;
populate, by the computer system using the genetic algorithm, the new generation
of solutions with a plurality of new individual solutions;
generate, by the computer system using the genetic algorithm, one or more subsequent generations of solutions by iterating the genetic algorithm;
select, by the computer system using the genetic algorithm, one or more implementation individual solutions from a final generation of the one or more subsequent generations by identifying the one or more implementation individual solutions exhibiting a threshold specificity to the target material; and
output, by the computer system, the one or more implementation individual solutions, wherein an implementation individual solution of the one or more implementation
individual solutions comprises a spectroscopic sensor light source configuration.
Claim 15:
A method for configuring a spectroscopic sensor light source cascade, the method comprising:
obtaining, by a computer system, a light source dataset describing a plurality of light sources and a spectroscopic dataset describing a plurality of materials;
identifying a primary target material and a secondary target material of the plurality of materials; generating, by the computer system using a first genetic algorithm, a primary implementation individual solution exhibiting a threshold specificity to the primary target material, wherein generating the primary implementation individual solution comprises:
selecting a first individual solution and a second individual solution from a first initial generation of solutions, the first and second individual solutions respectively described by a first chromosome encoding and a second chromosome encoding, generating a first new individual solution from the first and second individual solutions by combining the first chromosome encoding and the second chromosome encoding,
adding the first new individual solution to a first new generation of solutions, populating the first new generation of solutions with a plurality of first new individual solutions,
generating one or more subsequent first generations of solutions by iterating the first genetic algorithm, and selecting the primary implementation individual solution from a first final generation of the one or more subsequent first generations by identifying the primary implementation individual solution exhibiting a first threshold specificity to the primary target material; and
generating, by the computer system using a second genetic algorithm, a secondary implementation individual solution exhibiting a threshold specificity to the secondary target material, wherein generating the secondary implementation individual solution comprises:
selecting a third individual solution and a fourth individual solution from a second initial generation of solutions, the third and fourth individual solutions respectively described by a third chromosome encoding and a fourth chromosome encoding,
generating a second new individual solution from the third and fourth individual solutions by combining the third chromosome encoding and the fourth chromosome encoding,
adding the second new individual solution to a second new generation of solutions,
populating the second new generation of solutions with a plurality of second new individual solutions, generating one or more subsequent second generations of solutions by iterating the second genetic algorithm, and selecting the secondary implementation individual solution from a second final generation of the one or more subsequent second generations by identifying the secondary implementation individual solution exhibiting a second threshold specificity to the secondary target material; and
outputting, by the computer system, the primary implementation individual solution and the secondary implementation individual solution, wherein: the primary target material comprises a first material class and the secondary target material comprises a first member of the first material class; the primary implementation individual solution is generated to differentiate the first material class from a second material class; and the secondary implementation individual solution is generated to differentiate the first member of the first material class from a second member of the first material class.
Claim 21:
A system comprising:
one or more processors; and
one or more non-transitory computer-readable media storing instructions, which,
when executed by the system, cause the system to perform a set of operations including:
generating, by use of a genetic algorithm, a new individual solution from a first
individual solution and a second individual solution, wherein:
a light source dataset describes a plurality of light sources,
a spectroscopic dataset describes a plurality of materials,
the genetic algorithm is initialized with an initial generation of solutions,
an individual solution of the initial generation of solutions comprising a subset of light
sources of the plurality of light sources,
the first individual solution and the second individual solution are from the initial generation of solutions,
the first individual solution and the second individual solution are respectively described by a first chromosome encoding and a second chromosome encoding, and
generating the new individual solution comprises combining the first
chromosome encoding and the second chromosome encoding;
evaluating, using the genetic algorithm, a specificity of the new individual
solution to a target material of the plurality of materials;
in accordance with the specificity of the new individual solution to the target
material surpassing a specificity of the first individual solution to the target material or a
specificity of the second individual solution to the target material: adding, using the genetic
algorithm, the new individual solution to a new generation of solutions;
populating, using the genetic algorithm, the new generation of solutions with a
plurality of new individual solutions;
generating, using the genetic algorithm, one or more subsequent generations of
solutions by iterating the genetic algorithm;
selecting, using the genetic algorithm, one or more implementation individual
solutions from a final generation of the one or more subsequent generations by identifying the one or more implementation individual solutions exhibiting a threshold specificity to the target material; and
outputting the one or more implementation individual solutions, wherein an implementation individual solution of the one or more implementation individual solutions
comprises a spectroscopic sensor light source configuration.
Claim 20:
A non-transitory computer readable storage medium storing instructions that, when executed by one or more processors of a computer system, cause the one or more processors to:
obtain, by a computer system, a light source dataset describing a plurality of light sources and a spectroscopic dataset describing a plurality of materials;
initialize, by the computer system, a genetic algorithm with an initial generation of solutions, an individual solution of the initial generation of solutions comprising a subset of light sources of the plurality of light sources;
select, by the computer system using the genetic algorithm, a first individual solution and a second individual solution from the initial generation of solutions, the first and second individual solutions respectively described by a first chromosome encoding and a second chromosome encoding;
generate, by the computer system using the genetic algorithm, a new individual solution from the first and second individual solutions by combining the first chromosome encoding and the second chromosome encoding;
evaluate, by the computer system using the genetic algorithm, a specificity of the new individual solution to a target material of the plurality of materials;
in accordance with the specificity of the new individual solution to the target material surpassing a specificity of the first individual solution to the target material or a specificity of the second individual solution to the target material:
add, by the computer system using the genetic algorithm, the new individual solution to a new generation of solutions;
populate, by the computer system using the genetic algorithm, the new generation of solutions with a plurality of new individual solutions;
generate, by the computer system using the genetic algorithm, one or more subsequent generations of solutions by iterating the genetic algorithm;
select, by the computer system using the genetic algorithm, one or more implementation individual solutions from a final generation of the one or more subsequent generations by identifying the one or more implementation individual solutions exhibiting a threshold specificity to the target material; and
output, by the computer system, the one or more implementation individual solutions, wherein an implementation individual solution of the one or more implementation individual solutions comprises a spectroscopic sensor light source configuration.
Examiner’s Note
6. Nagai, US 20050225745, [Nagai: Abstract (“A laser light source emits a first light beam irradiating a solution including target particles and being flowed in a flow cell to generate forward scattered light and orthogonal scattered light therefrom. A light emitting diode emits a second light beam irradiating the solution in the flow cell to generate at least one wavelength of fluorescence therefrom.”)] [Nagai: Claim 1 (“A flow cytometer, comprising: a laser light source, which emits a first light beam irradiating a solution including target particles and being flowed in a flow cell to generate forward scattered light and orthogonal scattered light therefrom; a light emitting diode, which emits a second light beam irradiating the solution in the flow cell to generate at least one wavelength of fluorescence therefrom; a first detector, adapted to detect the forward scattered light; a second detector, adapted to detect the orthogonal scattered light; at least one third detector, adapted to detect the at least one wavelength of fluorescence; a first filter, disposed between the flow cell and the third detector and adapted to eliminate scattered light generated from the target particles by the irradiation of the first light beam”)].
Pinkel et al, US 20020137090, [Pinkel: Paragraph 89 (“The excitation illumination may be provided by an integral component of the biosensor or by a separate light source according to a number of methods well known to those of skill in the art. Evanescent wave systems involve introducing a light beam at the transmission end 12 of the optical fiber. This light beam is conducted along the fiber until it reaches the sensor end 11 of the fiber where it generates in the test solution an electromagnetic waveform known as the evanescent wave component. The evanescent wave component may be sufficient to excite a fluorophore and produce a fluorescent signal. (See, for example U.S. Pat. No. 4,447,546 and U.S. Pat. No. 4,909,990 which are incorporated herein by reference”)] [Pinkel: Paragraphs 94, 105 and 108 (“the present invention provides a CGH assay in which the biosensor of the present invention replaces the metaphase chromosome used as the hybridization target in traditional CGH. Instead, the biological binding partners present on the biosensor are nucleic acid sequences selected from different regions of the genome. The biosensor itself becomes a sort of "glass chromosome" where hybridization of a nucleic acid to a particular binding partner is informationally equivalent to hybridization of that nucleic acid to the region on a metaphase chromosome from which the biological binding partner is derived. In addition, nucleic acid binding partners not normally contained in the genome, for example virus nucleic acids, can be employed”)].
Ortac, US 20210040554, [Ortac: Paragraph 191 (“where the sequencing mixture included a polymerase-ATPSulfurylase-Luciferase concatenate and the target template nucleic was a Cytosine-homopolymer* (SEQ ID NO:1). In this case, since there is no external excitation source, the spectrum is the light emission spectrum without external amplification. The results show the generation of luminescence, where luminescence can only be generated if all the reactions are completed. Therefore, the results indicate that all reactions of the sequencing method were completed. As seen from the spectrum shown in FIG. 6, when unlabeled dGTP was added into the solution, luminescence was generated demonstrating successful operation of enzyme concatenate described (FIG. 6; dark solid plot).”)] [Ortac: Paragraph 86 (“For example, the overall read lengths contemplated herein that can be achieved by using a plurality of polymerases on a single target nucleic acid template, are up to the lengths of entire chromosomes, e.g., 50 million up to about 300 million base pairs (e.g, 300 Mbp), and the like. In other certain embodiments contemplated herein, read lengths achieved by the invention sequencing methods can be selected from the group consisting of at least: 200 bp, 300 bp, 400 bp, 500 bp, 600 bp, 700 bp, 800, bp, 900 bp, 1000 bp (i.e., lkbp), 5 kbp 10 kbp, 20 kbp, 30 kbp, 40 kbp, 50 kbp, 100 kbp, 200 kbp, 300 kbp, 400 kbp, 500 kbp, 600 kbp, 700 kbp, 800 kbp, 900 kbp, 1000 kbp (1 Mbp), 5 Mbp, 10 Mbp, 20 Mbp, 50 Mbp, 75 Mbp, 100 Mbp, 200 Mbp, 300 Mbp, 400 Mbp, 500 Mbp, 600 Mbp, 700 Mbp, 800 Mbp, 900 Mpb, 1000 Mbp”)].
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to [Hung D. Le], whose telephone number is [571-270-1404]. The examiner can normally be communicated on [Monday to Friday: 9:00 A.M. to 5:00 P.M.].
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Apu Mofiz can be reached on [571-272-4080]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Hung Le
05/06/2026
/HUNG D LE/Primary Examiner, Art Unit 2161
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