DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21-22, 27, 29 and 30 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Thiel (US 20220163361).
Regarding claim 21, Thiel teaches a detection device, comprising:
a transmitter 2 configured to: generate an electromagnetic wave, and emit the electromagnetic wave toward a detection subject region;
a reflector 8 arranged in an optical path of an electromagnetic wave emitted from the transmitter and configured to reflect the electromagnetic wave transmitted through at least part of the detection subject region; and
a receiver 2 configured to receive the electromagnetic wave reflected by the reflector, wherein the transmitter is configured to emit an electromagnetic wave toward the detection subject region through a partition member 5 that partitions the transmitter and the receiver from the detection subject region (figure 1), and the receiver is configured to receive an electromagnetic wave that is reflected by the reflector and transmitted from the detection subject region through the partition member, and respective positions of the transmitter and the receiver relative to the detection subject region are fixed.
Regarding claim 22, Thiel teaches the partition member is formed from a material that is transmissive to an electromagnetic wave (figures 1 and 8).
Regarding claim 27, Thiel teaches the reflector is arranged outside the detection subject region (figures 1 and 8).
Regarding claim 29, Thiel teaches the transmitter emits an electromagnetic wave including a terahertz wave (abstract).
Regarding claim 30, Thiel teaches the detection device is configured to detect whether a detection subject is present in the detection subject region or a state of the detection subject, and the detection subject includes a gas or a liquid (para 3).
Claim(s) 21-25 and 28-29 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Fukasawa et al. (US 20150234047).
Regarding claim 21, Fukasawa teaches a detection device, comprising:
a transmitter 11 configured to: generate an electromagnetic wave, and emit the electromagnetic wave toward a detection subject region;
a reflector 20b arranged in an optical path of an electromagnetic wave emitted from the transmitter and configured to reflect the electromagnetic wave transmitted through at least part of the detection subject region; and
a receiver 13 configured to receive the electromagnetic wave reflected by the reflector, wherein the transmitter is configured to emit an electromagnetic wave toward the detection subject region through a partition member 20a that partitions the transmitter and the receiver from the detection subject region (figure 1), and the receiver is configured to receive an electromagnetic wave that is reflected by the reflector and transmitted from the detection subject region through the partition member, and respective positions of the transmitter and the receiver relative to the detection subject region are fixed (figure 2).
Regarding claim 22, Fukasawa teaches the partition member is formed from a material that is transmissive to an electromagnetic wave (figures 1 and 8).
Regarding claim 23, Fukasawa teaches a compartment member 20 attached to the partition member 20a and defining the detection subject region together with the partition member, wherein the compartment member is formed from a material that reflects an electromagnetic wave, and the receiver is configured to receive an electromagnetic wave that is reflected by the compartment member, which is used as the reflector, and transmitted from the detection subject region through the partition member (para 49 56).
Regarding claim 24, Fukasawa teaches the partition member 20a includes a first opposing part and a second opposing part opposed to each other with the detection subject region disposed in between, the first opposing part includes a first inner surface defining the detection subject region and a first outer surface opposite to the first inner surface, the second opposing part includes a second inner surface defining the detection subject region and a second outer surface opposite to the second inner surface, the transmitter and the receiver are arranged to be opposed to the first outer surface, and the reflector is arranged on the second opposing part and opposed to the transmitter (para 56+).
Regarding claim 25, Fukasawa teaches the reflector is arranged on the second inner surface (figure 3).
Regarding claim 28, Fukasawa teaches the reflector is arranged inside the detection subject region (figure 3).
Regarding claim 29, Fukasawa teaches the transmitter emits an electromagnetic wave including a terahertz wave (abstract).
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.
Claim(s) 1-6 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukasawa et al. (US 20150234047) in view of Thiel (US 20220163361).
Regarding claim 1, Fukasawa teaches a detection device, comprising:
a transmitter 11 configured to generate an electromagnetic wave and emit the electromagnetic wave toward a detection subject region;
a reflector (para 49) arranged in an optical path of an electromagnetic wave emitted from the transmitter and configured to reflect the electromagnetic wave transmitted through at least part of the detection subject region; and
a receiver 13 configured to receive the electromagnetic wave reflected by the reflector, wherein the transmitter is configured to emit an electromagnetic wave toward the detection subject region through a partition member 20a that partitions the transmitter and the receiver from the detection subject region, and the receiver is configured to receive an electromagnetic wave that is reflected by the reflector and transmitted from the detection subject region through the partition member (para 17+, 49).
However Fukasawa fails to teach the detection subject region has an opening to allow a detection subject to flow in the detection subject region in a first direction.
Thiel teaches a detection subject region 5 has an opening to allow a detection subject to flow in the detection subject region in a first direction (figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the detection subject region of Fukasawa with the detection subject region as taught by Thiel, since it would provide continuous detection of material (para 13).
Regarding claim 2, Fukasawa teaches the partition member is formed from a material that is transmissive to an electromagnetic wave (para 56).
Regarding claim 3, Fukasawa teaches a compartment member 20 attached to the partition member 20a and defining the detection subject region together with the partition member, wherein the compartment member is formed from a material that reflects an electromagnetic wave, and the receiver is configured to receive an electromagnetic wave that is reflected by the compartment member, which is used as the reflector, and transmitted from the detection subject region through the partition member (para 49 56).
Regarding claim 4, Fukasawa teaches the partition member 20a includes a first opposing part and a second opposing part opposed to each other with the detection subject region disposed in between, the first opposing part includes a first inner surface defining the detection subject region and a first outer surface opposite to the first inner surface, the second opposing part includes a second inner surface defining the detection subject region and a second outer surface opposite to the second inner surface, the transmitter and the receiver are arranged to be opposed to the first outer surface, and the reflector is arranged on the second opposing part and opposed to the transmitter (para 56+)
Regarding claim 5, Fukasawa teaches the reflector is arranged on the second inner surface (para 49, 56).
Regarding claim 6, Fukasawa teaches the reflector is arranged on the second outer surface (para 49, 56).
Regarding claim 16, Fukasawa teaches the reflector 12a is arranged outside the detection subject region.
Regarding claim 17, Fukasawa teaches the reflector is arranged inside the detection subject region (para 49, 56).
Regarding claim 18, Fukasawa teaches the transmitter emits an electromagnetic wave including a terahertz wave (abstract).
Regarding claim 19, Fukasawa teaches the detection device is configured to detect whether a detection subject is present in the detection subject region or a state of the detection subject, and the detection subject includes a gas or a liquid (abstract).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukasawa et al. (US 20150234047).
Regarding claim 26, Fukasawa fails to teach the reflector is arranged on the second outer surface.
It should be noted that arranging of location of the part(s), that is, arranging the reflector on the second outer surface, is known. Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the known arrangement such that it would be easier to arrange the reflection on the wall.
Claim(s) 1 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiroaki et al. (WO 2020/045444) in view of Thiel (US 20220163361).
Regarding claim 1, Hiroaki teaches a detection device, comprising:
a transmitter 3 configured to generate an electromagnetic wave and emit the electromagnetic wave toward a detection subject region;
a reflector 8 arranged in an optical path of an electromagnetic wave emitted from the transmitter and configured to reflect the electromagnetic wave transmitted through at least part of the detection subject region; and
a receiver 30 configured to receive the electromagnetic wave reflected by the reflector, wherein the transmitter is configured to emit an electromagnetic wave toward the detection subject region through a partition member 9a that partitions the transmitter and the receiver from the detection subject region, and the receiver is configured to receive an electromagnetic wave that is reflected by the reflector and transmitted from the detection subject region through the partition member (figure 1).
However Hiroaki fails to teach the detection subject region has an opening to allow a detection subject to flow in the detection subject region in a first direction.
Thiel teaches a detection subject region 5 has an opening to allow a detection subject to flow in the detection subject region in a first direction (figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the detection subject region of Hiroaki with the detection subject region as taught by Thiel, since it would provide continuous detection of material (para 13).
Regarding claim 17, Hiroaki teaches the reflector is arranged inside the detection subject region (figure 1).
Regarding claim 18, Hiroaki teaches the transmitter emits an electromagnetic wave including a terahertz wave (abstract).
Regarding claim 19, Hiroaki teaches the detection device is configured to detect whether a detection subject is present in the detection subject region or a state of the detection subject, and the detection subject includes a gas or a liquid (figure 1).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6, 16-19 and 21-30 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOON K SONG whose telephone number is (571)272-2494. The examiner can normally be reached M to Th 10am to 7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOON K SONG/Primary Examiner, Art Unit 2884
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