DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/24/2025 has been entered.
Double Patenting
The non-statutory 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" granted by a patent and to prevent possible harassment by multiple assignees. See 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 Ornum, 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) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
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).
Upon further considerations, claim 1 -3, 6-8 and the newly added claims 35-45 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-20 of US 11896979. Although the conflicting claims are not identical, they are not patentably distinct from each other because all positively recited structural features of the instant claims identified above are entirely within the scope of claims 1-20 of US 11896979.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The newly added claim 45 is rejected under 35 U.S.C. 103 (a) as being unpatentable over Chamberlin et al. [US 20140191109].
Chamberlin discloses an instrument comprising a light detection system with a housing having vents [‘cooling elements’], configured as recited, and further comprising a heat removing fan positioned within the housing- see paragraph [0149].
Although Chamberlin does not teach multiple [‘first’ and ‘second’] fans configured as recited, it would have been within the ordinary skills of an artisan before the effective filing date of the claimed invention to have modified the invention of Chamberlin by having employed such additional fans, in order to have additional heat removing means, if needed, depending on particular goals of testing, to optimize and diversify the tests to be performed.
Allowable Subject Matter
Claims 4, 5, 9, 10 and 31-34 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
All of the Applicant s arguments have been fully considered but they are moot in view of new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Natalia Levkovich whose telephone number is (571)272-2462. The examiner can normally be reached on Monday-Friday, 2.00 pm-10:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jill A Warden can be reached on 571-272-1267. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATALIA LEVKOVICH/Primary Examiner, Art Unit 1798