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 § 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.
Claims 1, 4 - 14, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Grille et al (US 2020/0309686 A1 – hereafter “Grille”) in view of Kakabakos et al (WO 2007074348 A2 – hereafter “Kakabakos”) .
As per claim 1, Grille teaches the following:
A fluid sensor (see fig. 1A, fluid sensor 100, para [0026]) comprising:
a thermal radiation emitter for emitting a broadband thermal radiation (see para [0032]);
a waveguide structure configured to guide the broadband thermal radiation, wherein the broadband thermal radiation comprises an evanescent field component for interacting with a surrounding atmosphere comprising a target fluid (see para [0029]);
an optical filter structure coupled to the waveguide structure, wherein the optical filter structure is configured to filter the broadband thermal radiation and to provide a filtered thermal radiation having a center wavelength (see para [0028]);
a thermal radiation detector configured to provide a detector output signal based on a radiation strength of the filtered thermal radiation (see para [0030]); and
an actuation device for connecting the plurality of thermal radiation emitters to a power source for actuating the thermal radiation emitters with electric energy such that the plurality of thermal radiation emitters has an operating temperature between 400 to 1300 K (see para [0032]).
Although Grille teaches a thermal radiation emitter, it only discloses a single emitter for emitting broadband thermal radiation.
However, Kakabakos teaches a plurality of light-emitting elements, each optically coupled to a respective optical waveguide (see Figure 1a; pg. 3, summary of invention, lines 28 - 32; pg. 7, lines 27 - 33).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to provide a plurality of thermal radiation emitters in order to enable multi-channel sensing and scalability of the fluid sensor.
Regarding claim 4, the claim recites “The fluid sensor of claim 1, wherein the waveguide structure comprises a plurality of waveguides, wherein each of the plurality of thermal radiation emitters is respectively optically coupled to each of the plurality of waveguides, and wherein outputs of the plurality of waveguides are respectively coupled to the thermal radiation detector.”
Grille teaches a thermal radiation emitter optically coupled to a waveguide but does not teach a plurality of waveguides each respectively optically coupled to a plurality of thermal radiation emitters and having outputs respectively coupled to a single thermal radiation detector.
However, Kakabakos teaches a plurality of optical waveguides each optically coupled to a respective light-emitting element and converging to a single optical detector (see Figure 1a.).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to provide a plurality of waveguides respectively coupled to a plurality of thermal radiation emitters and coupled to a single detector in order to enable multiplexed detection and simplified readout electronics.
Regarding claim 5, the claim recites “The fluid sensor of claim 4, wherein the plurality of waveguides are arranged in a star-shaped, radial or radiant configuration, and wherein the outputs of the plurality of waveguides are directed to a center region of the fluid sensor.”
Grille teaches a waveguide optically coupled to emitters but does not teach a star-shaped, radial configuration, with outputs directed to a center region.
However, Kakabakos teaches a star shaped radial arrangement of waveguides with outputs directed to a central detector region (see Figure 1a.).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to arrange the plurality of waveguides in a star shaped, radial configuration in order to direct multiple waveguide outputs to a central detector and facilitate compact integration and multiplexing.
Regarding claim 6, the claim recites “The fluid sensor of claim 4, wherein the thermal radiation detector is arranged at a center region of the fluid sensor.”
Grille teaches the fluid sensor of claim 4, but does not teach the thermal radiation detector is arranged at a center region of the fluid sensor.
However, Kakabakos teaches s thermal radiation detector optically coupled to the waveguides that meet at a central junction region of the waveguides (see fig. 1a).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to arrange the thermal radiation detector at a center region of the fluid sensor in order to enable a single detector to receive light from a plurality of waveguides and simplify readout and multiplexing.
Regarding claim 7, the claim recites “The fluid sensor of claim 6, wherein the thermal radiation detector is formed as a polygon, such that a respective one of the plurality of waveguides reaches a polygon edge of the thermal radiation detector in an orthogonal angle.”
Grille teaches the fluid senor of claim 6, but does not teach that the thermal radiation detector is formed as a polygon.
Kakabakos teaches a central thermal radiation detector (13) having multiple waveguides terminating at distinct detector edge regions at substantially orthogonal angles (see fig. 1a).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to form the thermal radiation detector as a polygon in order to allow respective waveguides to reach corresponding polygon edges at orthogonal angles and improve optical coupling efficiency.
Regarding claim 8, the claim recites “The fluid sensor of claim 1, wherein the waveguide structure comprises a joint waveguide, wherein the broadband thermal radiation is coupled into the joint waveguide, and wherein an output of the joint waveguide is coupled to the thermal radiation detector.”
Grille teaches a waveguide optically arranged between a thermal radiation emitter and a thermal radiation detector such that broadband thermal radiation is coupled into the waveguide and delivered to the detector (see para [0030], [0032], [0034]).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to configure the waveguide as a joint waveguide coupled to multiple emitters in order to simplify readout architecture and enable multiplexed detection using a single detector.
Regarding claim 9, the claim recites “The fluid sensor of claim 4, wherein the optical filter structure comprises a plurality of optical filter elements, wherein each of the plurality of waveguides comprises at least one of the optical filter elements.”
Grille teaches providing several coupling/filter elements associated with respective waveguides such that each waveguide includes at least one optical filter element optimized to a specific wavelength (see para [0034] - [0035]).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to implement a plurality of optical filter elements across multiple waveguides in order to enable selective wavelength detection for multiple target fluids.
Regarding claim 10, the claim recites “The fluid sensor of claim 1, wherein the optical filter structure is formed as an optical resonator structure having a narrow transmission band with the center wavelength, and wherein the optical filter structure comprises a photonic crystal structure or a Bragg filter structure as wavelength selective optical elements for providing the filtered thermal radiation having the center wavelength.”
Grille teaches an optical filter structure formed as an optical resonator structure having a narrow transmission band with a center wavelength, wherein the optical filter structure comprises a photonic crystal structure or a Bragg filter structure as wavelength selective optical elements for providing filtered thermal radiation the center wavelength (see para [0033], [0037] - [0038]).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to incorporate wavelength selective optical resonator filtering structures in order to selectively filter emitted radiation to a desired center wavelength corresponding to a target analyte absorption band.
Regarding claim 11, the claim recites “The fluid sensor of claim 1, wherein the thermal radiation emitters comprise a semiconductor strip having a main emission surface region emitting the broadband thermal radiation in a main radiation emission direction and parallel to the waveguide structure.”
Grille teaches thermal radiation emitters comprising a semiconductor strip having a main emission surface region emitting broadband thermal radiation in a main radiation emission direction parallel to the waveguide structure (see para [0032])
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to implement semiconductor-based emitting structures optically aligned with waveguides in order to efficiently couple emitted radiation into waveguides for sensing applications.
Regarding claim 12, the claim recites “The fluid sensor of claim 1, wherein the waveguide structure comprises at least one of a strip waveguide, a slot waveguide, or a rip waveguide.”
Grille teaches a waveguide structure comprising a slot waveguide, and further discloses that the waveguide may alternatively comprise a strip or a rib waveguide (see para [0042] - [0045]).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to select among strip, slot, or rib waveguides configurations in order to optimize optical confinement and interaction of the guided thermal radiation with a target fluid.
Regarding claim 13, the claim recites “The fluid sensor of claim 1, wherein the thermal radiation detector comprises at least one of a pyroelectric temperature sensor, a piezoelectric temperature sensor, a pn junction temperature sensor, or a resistive temperature sensor.”
Grille teaches a thermal radiation detector comprising at least one of a piezoelectric temperature sensor, a p-n junction temperature sensor, or a resistive temperature sensor (see para [0030], [0058] - [0061]).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to employ any of the disclosed temperature sensor types in order to detect thermal radiation output from the waveguide with suitable sensitivity and signal conditioning.
As per claim 14, Grille teaches the following:
A fluid sensor (see fig. 1A, fluid sensor 100, para [0026]) comprising:
of a thermal radiation emitter for emitting a broadband thermal radiation (see para [0032]);
a waveguide structure configured to guide the broadband thermal radiation, wherein the broadband thermal radiation comprises an evanescent field component for interacting with a surrounding atmosphere comprising at least two target fluids, the waveguide structure comprising a waveguide, wherein the thermal radiation emitters is respectively optically coupled to the waveguides (see para [0029], [0034]);
an optical filter structure coupled to the waveguide structure, wherein the optical filter structure is configured to filter the broadband thermal radiation and to provide a filtered thermal radiation, the optical filter structure comprising a plurality of optical filter elements (see paras [0028], [0035]);
a thermal radiation detector configured to provide a detector output signal based on a radiation strength of the filtered thermal radiation (see para [0030]); and
an actuation device for connecting the plurality of thermal radiation emitters to a power source for actuating the thermal radiation emitters with electric energy (see para [0032]),
wherein a first group of the optical filter elements is optically coupled to a first group of the plurality of waveguides and is configured to provide the filtered thermal radiation having a first center wavelength (see para [0034]), and
wherein a second group of the optical filter elements is optically coupled to a second group of the plurality of waveguides and is configured to provide the filtered thermal radiation having a second center wavelength different from the first center wavelength (see para [0034]).
Although Grille teaches multi-gas sensing using several filters and waveguides, it does not teach grouping that optical filter elements into a first group optically coupled to a first group of waveguides to provide a first center wavelength and a second group optically coupled to a second group of waveguides to provide a second, different center wavelength.
However, Kakabakos teaches a plurality of light emitting elements optically coupled to a plurality of waveguides, wherein different waveguides are independently coupled and selectable (see Figure 1a; pg. 3, summary of invention, lines 28 - 32; pg. 7, lines 27 – 33; pg. 8, lines 5 – 15).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to arrange the optical filter elements and waveguides into distinct groups providing different center wavelengths in order to enable simultaneous or selective detection of multiple target fluids.
As per claim 17, Grille teaches the following:
A method of operating a fluid sensor (see fig. 1A, fluid sensor 100, para [0026]), the method comprising:
emitting a broadband thermal radiation using a thermal radiation emitter (see para [0032]);
guiding the broadband thermal radiation using a waveguide structure, wherein the broadband thermal radiation comprises an evanescent field component for interacting with a surrounding atmosphere comprising a target fluid (see para [0029], [0034]);
filtering the broadband thermal radiation using an optical filter structure coupled to the waveguide structure, wherein the optical filter structure is configured to provide a filtered thermal radiation having a center wavelength (see paras [0028], [0035]);
providing a detector output signal based on a radiation strength of the filtered thermal radiation using a thermal radiation detector (see para [0030]); and
connecting the plurality of thermal radiation emitters to a power source using an actuation device for actuating the thermal radiation emitters with electric energy such that the plurality of thermal radiation emitters has an operating temperature between 400 to 1300 K (see para [0032]).
Although Grille teaches emitting broadband thermal radiation, guiding the broadband thermal radiation using a waveguide having an evanescent field component, filtering the broadband thermal radiation, and providing a detector output signal, it does not teach emitting the broadband thermal radiation using a plurality of thermal radiation emitters.
However, Kakabakos teaches a plurality of light emitting elements, each optically coupled to a respective optical waveguide (see Figure 1a; pg. 3, summary of invention, lines 28 - 32; pg. 7, lines 27 - 33).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to provide a plurality of thermal radiation emitters in order to enable multi-channel sensing and scalability of the fluid sensor.
Regarding claim 20, the claim recites “The method of claim 17, wherein the waveguide structure comprises at least one of a strip waveguide, a slot waveguide, or a rip waveguide, and wherein the thermal radiation detector comprises at least one of a pyroelectric temperature sensor, a piezoelectric temperature sensor, a pn junction temperature sensor, or a resistive temperature sensor.”
Grille teaches a waveguide structure comprising at least one of a strip waveguide, a slot waveguide, or a rib waveguide, and a thermal radiation detector comprising at least one of a pyroelectric temperature sensor, a piezoelectric temperature sensor, a p-n junction temperature sensor, or a resistive temperature sensor (see para [0030], [0058] - [0061]).
It would have been obvious to a person of ordinary skill in the art before the
effective filing date of the present application to modify Grille in view of Kakabakos to apply the disclosed waveguide method of claim 17 in order to enable implementation of the same sensing architecture in a corresponding measurement method.
Claims 2 – 3 and 18 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over Grille in view of Kakabakos further in view of Le (US 2022/0276154 A1 – hereafter “Le”).
Regarding claim 2, the claim recites “The fluid sensor of claim 1, wherein the operating temperature is adjusted such that an absorption band or a spectral line of the target fluid is within a wavelength range of ± 10% of an emission wavelength at a peak intensity value of an IR emission spectrum of the plurality of thermal radiation emitters.”
Grille in view of Kakabakos teaches the fluid sensor of claim 1, but does not teach adjusting an operating temperature such that an absorption band or a spatial line of target fluid is within a wavelength range of ± 10% of an emission wavelength at a peak intensity value of an IR emission spectrum.
However, Le teaches adjusting a temperature of a blackbody light source such that an emission spectrum peak overlaps an absorption spectral band of a target gas (see para [0054] - [0055], [0066], [0071], [0098]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present application to further modify Grille in view of Kakabakos in further view of Le by adjusting the operating temperatures of the thermal radiation emitter in order to align a peak emission wavelength with an absorption band of a target fluid.
Regarding claim 3, the claim recites “The fluid sensor of claim 1, wherein the operating temperature is adjusted between 550K and 800K or between 620K and 720K such that an absorption band or a spectral line of the target fluid is within a wavelength range of ± 10% of an emission wavelength at a peak intensity value of an IR emission spectrum of the plurality of thermal radiation emitters, wherein the target fluid is carbon dioxide (CO2) or ozone (O3).”
Grille in view of Kakabakos teaches the fluid sensor of claim 1, but does not teach adjusting the operating temperature within specific temperature ranges to align an emission peak with an absorption band of carbon dioxide (CO2) or ozone (O3).”.
However, Le teaches operating a blackbody light source at temperatures between 400° C and 800° C such that the emission spectrum peak corresponds to an absorption spectral band of carbon dioxide (see para [0055], [0098]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present application to further modify Grille in view of Kakabakos in further view of Le by selecting an operating temperature within the disclosed temperature ranges in order to align an emission peak with an absorption band of carbon dioxide or ozone.
Regarding claim 18, the claim recites “The method of claim 17, further comprising: adjusting the operating temperature such that an absorption band or a spectral line of the target fluid is within a wavelength range of ± 10% of an emission wavelength at a peak intensity value of an IR emission spectrum of the plurality of thermal radiation emitters.”
Grille in view of Kakabakos teaches the method of claim 17, but does not teach adjusting an operating temperature such that an absorption band or a spatial line of target fluid is within a wavelength range of ± 10% of an emission wavelength at a peak intensity value of an IR emission spectrum.
However, Le teaches adjusting a temperature of a blackbody light source such that an emission spectrum peak overlaps an absorption spectral band of a target gas (see para [0054] - [0055], [0066], [0071], [0098]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present application to further modify Grille in view of Kakabakos in further view of Le by adjusting the operating temperatures of the thermal radiation emitter in order to align a peak emission wavelength with an absorption band of a target fluid.
Regarding claim 19, the claim recites “The method of claim 17, further comprising: adjusting the operating temperature between 550K and 800K or between 620K and 720K such that an absorption band or a spectral line of the target fluid is within a wavelength range of ± 10% of an emission wavelength at a peak intensity value of an IR emission spectrum of the plurality of thermal radiation emitters, wherein the target fluid is carbon dioxide (CO2) or ozone (O3).”
Grille in view of Kakabakos teaches the method of claim 17, but does not teach adjusting the operating temperature within specific temperature ranges to align an emission peak with an absorption band of carbon dioxide (CO2) or ozone (O3).”.
However, Le teaches operating a blackbody light source at temperatures between 400° C and 800° C such that the emission spectrum peak corresponds to an absorption spectral band of carbon dioxide (see para [0055], [0098]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present application to further modify Grille in view of Kakabakos in further view of Le by selecting an operating temperature within the disclosed temperature ranges in order to align an emission peak with an absorption band of carbon dioxide or ozone.
Claims 15 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Grille in view of Kakabakos further in view of Camargo et al (US 2016/0231244 A1 – hereafter “Camargo)
Regarding claim 15, the claim recites “The fluid sensor of claim 14, wherein the first center wavelength corresponds to a first absorption band of a first target fluid, and where the second center wavelength corresponds to a second absorption band of a second target fluid.”
Grille in view of Kakabakos teaches the fluid sensor of claim 14, but does not teach a configuration in which a first center wavelength corresponds to a first absorption band of a first target fluid and a second center wavelength corresponds to a second absorption band of a second target fluid.
However, Camargo teaches detecting different target fluids by using different light sources or wavelength configurations corresponding to different absorption wavelengths of respective target fluids (see para [0091] - [0093], [0189] - [0190]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present application to further modify Grille in view of Kakabakos in further view of Camargo by configuring the fluid sensor to use different center wavelengths corresponding to different absorption bands of different target fluids in order to enable detection of multiple target fluids or mixed fluids based on their respective absorption characteristics.
Regarding claim 16, the claim recites “The fluid sensor of claim 15, wherein a first group of the plurality of thermal radiation emitters is optically coupled to the first group of the plurality of waveguides, and a first operating temperature of the first group of the plurality of thermal radiation emitters is adjusted such that a first absorption band or spectral line of the first target fluid is within a first wavelength range of ± 10% of a first emission wavelength at a first peak intensity value of a first IR emission spectrum of the first group of the plurality of thermal radiation emitters, and wherein a second group of the plurality of thermal radiation emitters is optically coupled to the second group of the plurality of waveguides, and a second operating temperature of the second group of the plurality of thermal radiation emitters is adjusted such that a second absorption band or spectral line of the second target fluid is within a second wavelength range of ± 10% of a second emission wavelength at a second peak intensity value of a second IR emission spectrum of the second group of the plurality of thermal radiation emitters.
Grille in view of Kakabakos teaches the fluid sensor of claim 15, but does not teach a first group of thermal radiation emitters and a second group of thermal radiation emitters operated at different operating temperatures such that each group produces an IR emission spectrum having a peak intensity wavelength corresponding to a different absorption band of different target fluids.
However, Camargo teaches using multiple light sources emitting at different wavelengths corresponding to different absorption wavelengths of different target gases, including configurations for detecting mixed gases absorbed at different wavelengths, and tuning emission characteristics of light sources to match absorption wavelengths of specific target substances (see para [0091] - [0093], [0184] - [0185]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present application to further modify Grille in view of Kakabakos in further view of Camargo by configuring separate groups of thermal radiation emitters to operate at different operating temperatures to produce IR emission spectra with peak wavelengths aligned with different absorption bands of different target fluids in order to enable detection and discrimination of multiple target fluids using wavelength selective absorption materials.
Conclusion
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/MANUEL SALVADOR CASTELLON JR/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855