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 .
Status of Claims
The examiner acknowledges the amendments to claims 1, 12, and 17, and the addition of new claim 21. Claims 1-5 and 7-21 remain pending in the application. Claim 6 is cancelled.
Response to Arguments
Applicant’s amendments, filed 04 February 2026, have overcome the rejection of claim 1 under 35 U.S.C. § 102(a)(1). The 35 U.S.C. § 102(a)(1) rejection of claim 1 has been withdrawn. Subsequently, the rejections of claims 2-10 under 35 U.S.C. § 102(a)(1) or 35 U.S.C. § 103 are also withdrawn.
Applicant’s arguments with respect to claims 12-13 and 15-19 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.
Additionally, applicant’s arguments with respect to the previous rejection of claims 17-20 under 35 U.S.C. § 102(a)(1) as being anticipated by Walowit et al. (US Patent No. 5,963,333), hereinafter Walowit, have been considered but are not persuasive. While claim 17 of the instant application has been amended to recite that the second sensor portion measures only wavelengths of light of a second beam that have been emitted from the light source and reflected by the spectral reference, the configuration of the reference photodetector 20, printed circuit board 13, and cap 26 shown in Fig. 1 of Walowit, and described in col. 6 line 55-col. 7 line 48, only permits light from the light source that has reflected off of the integrating surface 46 (equated to the claimed spectral reference) of cap 26 to be detected by reference photodetector 20 (equated to the claimed second sensor portion). Thus, since Walowit teaches the amended limitation of claim 17, and dependent claims 18-20 have not been amended in the response filed 04 February 2026, claims 17-20 remain rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Walowit.
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.
Claims 12-13, 15, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hochwarter et al. (EP 3246677 A2, of record), hereinafter Hochwarter.
Regarding claim 12, Hochwarter teaches an optical measurement device (Fig. 1, abstract), comprising:
a first region (see Marked-Up Fig. 1 of Hochwarter below) including:
a first sensor portion (Fig. 1 first measuring cell 6) configured to receive and measure measurement light that is one or more of reflected or transflected by a measurement target (paragraphs 0035-0037, Fig. 1 test article 1);
a second region (see Marked-Up Fig. 1 of Hochwarter below) including:
a spectral reference (Fig. 1 reference surface 7), and a second sensor portion (Fig. 1 second measuring cell 8) configured to receive and measure only reference light that is reflected by the spectral reference (see Fig. 1, paragraph 0038); and
a third region (see Marked-Up Fig. 1 of Hochwarter below).
Regarding claim 13, Hochwarter teaches he optical measurement device of claim 12, as outlined above, and further teaches the third region includes: a light source (Fig. 1 radiation emitters 11a-g, see Marked-Up Fig. 1 of Hochwarter below) configured to emit the measurement light and the reference light (paragraphs 0038-0039).
Regarding claim 15, Hochwarter teaches the optical measurement device of claim 12, as outlined above, and further teaches a barrier (see Marked-Up Fig. 1 of Hochwarter below) disposed between the first sensor portion and the second sensor portion (see Marked-Up Fig. 1 of Hochwarter below, measuring cell 6 and reference measuring cell 8); and wherein the barrier is configured to: prevent light transmission from the first region to the second region, and prevent light transmission from the second region to the first region (see Marked-Up Fig. 1 of Hochwarter below; it is the examiner’s position that the configuration of Hochwarter prevents light from being transmitted between the first and second regions).
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Marked-Up Fig. 1 of Hochwarter
Regarding claim 17, Hochwarter teaches a user device (Fig. 1, abstract, paragraphs 0025 and 0042), comprising:
one or more of communication or computing components (Fig. 1 control electronics and security module 20, paragraphs 0040-0042); and
an optical measurement device (Fig. 1), including:
a spectral reference (Fig. 1 reference surface 7),
a first sensor portion (Fig. 1 first measuring cell 6) configured to receive and measure one or more wavelengths of a first light beam that is emitted by a light source (Fig. 1 radiation emitters 11a-g) and one or more of reflected or transflected by a measurement target (Fig. 1 test article 1, paragraphs 0035-0037), and
a second sensor portion (Fig. 1 reference measuring cell 8) configured to receive and measure only one or more wavelengths of a second light beam that is emitted by the light source and reflected by the spectral reference (see Fig. 1, paragraph 0038).
Regarding claim 18, Hochwarter teaches the user device of claim 17, as outlined above, and further teaches the measurement target is external to the optical measurement device (see Fig. 1, paragraph 0030).
Regarding claim 19, Hochwarter teaches the user device of claim 17, as outlined above, and further teaches the optical measurement device further includes the light source (Fig. 1 emitters 11a-g), and where the spectral reference, the light source, the first sensor portion, and the second sensor portion are environmentally sealed within a package of the optical measurement device (see Fig. 1 housing 9 and cover 26 effectively seal the device 4 from the exterior environment).
Claims 12-13 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao et al. (CN 106706557 A, of record), hereinafter Gao.
Regarding claim 12, Gao teaches an optical measurement device (Fig. 1, abstract), comprising:
a first region (see Marked-Up Fig. 1 of Gao below) including:
a first sensor portion (Fig. 1 sample detector 9) configured to receive and measure measurement light that is one or more of reflected or transflected by a measurement target (paragraphs 0033 and 0044);
a second region (see Marked-Up Fig. 1 of Gao below) including:
a spectral reference (Fig. 1 standard reflective sphere 2), and a second sensor portion (Fig. 1 reference detector 8) configured to receive and measure only reference light that is reflected by the spectral reference (see Fig. 1, paragraphs 0033, 0044); and
a third region (see Marked-Up Fig. 1 of Gao below).
Regarding claim 13, Gao teaches the optical measurement device of claim 12, as outlined above, and further teaches the third region includes: a light source (Fig. 1 LED light source 3, see Marked-Up Fig. 1 of Gao below) configured to emit the measurement light and the reference light (see Marked-Up Fig. 1 of Gao below, paragraphs 0033 and 0044).
Regarding claim 15, Gao teaches the optical measurement device of claim 12, as outlined above, and further teaches a barrier (see Marked-Up Fig. 1 of Gao below) disposed between the first sensor portion and the second sensor portion (see Marked-Up Fig. 1 of Gao below); and wherein the barrier is configured to: prevent light transmission from the first region to the second region, and prevent light transmission from the second region to the first region (see Marked-Up Fig. 1 of Gao below, abstract, paragraphs 0033, 0044).
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Marked-Up Fig. 1 of Gao
Regarding claim 16, Gao teaches the optical measurement device of claim 12, as outlined above, and further teaches a cover component (see Marked-Up Fig. 1 of Gao above, paragraph 0025) that is in the first region, the second region, and the third region (see Marked-Up Fig. 1 of Gao above), where the second region further includes: a backing component (see Marked-Up Fig. 1 of Gao above) proximate to the spectral reference and between the spectral reference and the cover component (see Marked-Up Fig. 1 of Gao above).
Regarding claim 17, Gao teaches a user device (Fig. 1, abstract, paragraphs 0033 and 0044), comprising:
one or more of communication or computing components (Fig. 1 circuit board 1, paragraph 0033); and
an optical measurement device (Fig. 1, paragraph 0033), including:
a spectral reference (Fig. 1 standard reflective sphere 2),
a first sensor portion (Fig. 1 sample detector 9) configured to receive and measure one or more wavelengths of a first light beam that is emitted by a light source (Fig. 1 light source 3) and one or more of reflected or transflected by a measurement target (paragraphs 0033 and 0044), and
a second sensor portion (Fig. 1 reference detector 8) configured to receive and measure only one or more wavelengths of a second light beam that is emitted by the light source and reflected by the spectral reference (see Fig. 1, paragraphs 0033 and 0044).
Regarding claim 18, Gao teaches the user device of claim 17, as outlined above, and further teaches the measurement target is external to the optical measurement device (paragraphs 0033 and 0044, abstract).
Regarding claim 19, Gao teaches the user device of claim 17, as outlined above, and further teaches the optical measurement device further includes the light source (Fig. 1 light source 3), and where the spectral reference, the light source, the first sensor portion, and the second sensor portion are environmentally sealed within a package of the optical measurement device (paragraph 0025 “the design of the built-in optical path and the fully enclosed shell, the detection device can still ensure the detection effect in complex environments”, see Fig. 1).
Claims 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walowit et al. (US Patent No. 5,963,333, of record), hereinafter Walowit.
Regarding claim 17, Walowit teaches a user device (Fig. 1-11, abstract), comprising:
one or more of communication or computing components (Fig. 4 serial interface modular connector 58, col. 9 lines 51-59); and
an optical measurement device (Fig. 1 color sensor 10), including:
a spectral reference (Fig. 1 integrating surface 46),
a first sensor portion (Fig. 1 sample photodetector 22) configured to receive and measure one or more wavelengths of a first light beam that is emitted by a light source (Fig. 1 light emitting diodes 18) and one or more of reflected or transflected by a measurement target (Fig. 1 sample surface 12; see also col. 3 lines 1-14, col. 7 lines 31-48), and
a second sensor portion (Fig. 1 reference photodetector 20) configured to receive and measure only one or more wavelengths of a second light beam that is emitted by the light source and reflected by the spectral reference (col. 3 lines 24-28, col. 7 lines 1-8; the configuration of the reference photodetector 20, printed circuit board 13, and cap 26 shown in Fig. 1 and described in col. 6 line 55-col. 7 line 48 would only permit wavelengths of the second light beam emitted from the light source to reflect off of integrating surface 46 and to reach reference photodetector 20).
Regarding claim 18, Walowit teaches the user device of claim 17, as outlined above, and further teaches the measurement target is external to the optical measurement device (see Fig. 1 and 11, col. 10 line 66-col. 11 line 2).
Regarding claim 19, Walowit teaches the user device of claim 17, as outlined above, and further teaches the optical measurement device further includes the light source (Fig. 1 light emitting diodes 18), and where the spectral reference, the light source, the first sensor portion, and the second sensor portion are environmentally sealed within a package of the optical measurement device (see Fig. 1 collar 24, optical cap 26, reflector cone 28, frustoconical receptor piece 36 which create an environmental seal; see also col. 4 lines 64-67).
Regarding claim 20, Walowit teaches the user device of claim 17, as outlined above, and further teaches the optical measurement device further includes: a printed circuit board (PCB) (Fig. 1 printed circuit board 13); one or more barriers (Fig. 1 collar 24, receptor piece 36) that are one or more of attached or mounted to the PCB (see Fig. 1); and a cover component (Fig. 1 optical cap 26) that is one or more of attached or mounted to at least one barrier of the one or more barriers (see Fig. 1), where the cover component, the at least one barrier, and the PCB enclose the spectral reference, the light source, the first sensor portion, and the second sensor portion (see Fig. 1).
Allowable Subject Matter
Claims 1-5 and 7-11 are allowable over the prior art.
Claims 14 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art of record, taken alone or in combination, neither anticipates nor renders obvious an optical measurement device, comprising: a spectral reference disposed within a path of a light source; and a sensor including: a first sensor portion configured to receive and measure one or more wavelengths of a first light beam that is emitted by the light source and one or more of reflected or transflected by a measurement target, and a second sensor portion configured to receive and measure only one or more wavelengths of a second light beam that is emitted by the light source, directed by an optical conduit from the light source to the spectral reference, and reflected by the spectral reference (emphasis added via bolded words, extra emphasis added via underlined words).
Ruiz (US Patent No. 6,717,669 B2), Walowit (US Patent No. 5,963,333, of record), Gao (CN 106706557 A, of record), Hochwarter (EP 3246677 A2, of record), and Brunson et al. (US 2019/0017872 A1, of record) all teach an optical measurement device which utilizes a spectral reference, however, all of these references use two separate sensors to measure the light from the sample and light from the spectral reference individually. Furthermore, none of the above cited references teach “a second sensor portion configured to receive and measure only one or more wavelengths of a second light beam that is emitted by the light source, directed by an optical conduit from the light source to the spectral reference, and reflected by the spectral reference”.
Arbore et al. (US 2019/0128734 A1, of record), Maczura et al. (US 2001/0055116 A1, of record), Wei et al. (US 2015/0198522 A1, of record), Correns et al. (US 2010/0321686 A1, of record), Bruls et al. (US 2012/0040475 A1, of record), and Switalski et al. (US Patent No. 5,386,295, of record) all teach optical measurement devices comprising spectral references disposed in the path of a light source and detectors for detecting light reflected from a sample and light reflected from the spectral reference, however, all of the above cited references use the same detector portions for both the sample and reference light measurements. Thus, none of the above cited references teach “a second sensor portion configured to receive and measure only one or more wavelengths of a second light beam that is emitted by the light source, directed by an optical conduit from the light source to the spectral reference, and reflected by the spectral reference”.
Buettgen et al. (US Patent No. 10,359,505 B2, of record), hereinafter Buettgen, teaches an optical measurement device comprising a spectral reference, a sensor having first and second sensor portions, the first portion being configured to measure light from a measurement target, and the second portions being configured to measure light from a spectral reference (see Buettgen Fig. 2, col. 4 line 22-col. 6 line 32). Buettgen does not teach “a second light beam that is emitted by the light source, directed by an optical conduit from the light source to the spectral reference”. Furthermore, Buettgen does not teach “a second sensor portion configured to receive and measure only one or more wavelengths of a second light beam that is emitted… and reflected by the spectral reference”. In Buettgen, in addition to second sensor portion (reference pixel 128 in Fig. 2) capturing light from the spectral reference (reflective coating 133 in Fig. 2), the second sensor portion of Buettgen also collects light reflected from window 122A in Fig. 2 (see col. 5 lines 50-56). Thus, the second sensor portion of Buettgen does not measure only one or more wavelengths of a second light beam that is emitted by the light source, directed by an optical conduit from the light source to the spectral reference, and reflected by the spectral reference.
Additionally, the remaining references cited on applicant’s information disclosure statement and previously made of record by the examiner, that are not specifically mentioned above, have been reconsidered by the examiner. None of these references teach the bolded and/or underlined limitations outlined above, in combination with the remaining limitations from the claim.
Therefore, for the reasons outlined above, claim 1 is indicated as having allowable subject matter. Claims 2-5 and 7-11 depend on claim 1 and are therefore also indicated as having allowable subject matter.
Regarding claim 14, the prior art of record, taken alone or in combination, neither anticipates nor renders obvious the optical measurement device of claim 12, further comprising: a barrier; and an optical conduit that is disposed on the barrier and configured to direct the reference light from the third region to the spectral reference, wherein the barrier is configured to prevent light transmission from the second region to the third region (emphasis added via bolded words, extra emphasis added via underlined words).
See examiner’s reasons for indicating allowable subject matter in the non-final office action dated 06 November 2025 for a further discussion regarding the allowability of claim 14.
Therefore, claim 14 is indicated as having allowable subject matter.
Regarding claim 21, the prior art of record, taken alone or in combination, neither anticipates nor renders obvious the user device of claim 17, wherein the optical measurement device further includes: an optical conduit configured to direct the reference light from the light source to the spectral reference and from the spectral reference to the second sensor portion (emphasis added via bolded words, extra emphasis added via underlined words).
Hochwarter (EP 3246677 A2, of record) teaches light paths 15a-g through housing insert 25 that direct light from respective emitters 11a-g to spectral reference 7 (see Hochwarter Fig. 1). However, Hochwarter does not teach whether these paths comprise optical conduits or not. Additionally, the light paths through insert 25 end once light is emitted into chamber 28 (see Hochwarter Fig. 2). Thus, Hochwarter does not teach an optical conduit configured to direct the reference light from the light source to the spectral reference and from the spectral reference to the second sensor portion.
Switalski et al. (US 5,386,295 A, of record), hereinafter Switalski, teaches an optical conduit configured to direct light from a light source to a spectral reference and from the spectral reference to a sensor (see Switalski Fig. 1 source 28, reference 16, detector 20, and fibers 18, 30, 32, 36, 40 ). However, Switalski does not teach “a second sensor portion configured to receive and measure only one or more wavelengths of a second light beam that is emitted by the light source and reflected by the spectral reference”. Rather, Switalski shows all of the light reflected from both the sample and reference converging on the same detector, and having their own optical conduits being recombined in front of the detector (see Switalski Fig. 1).
Ruiz (US Patent No. 6,717,669 B2) teach an optical conduit that delivers light from a light source to a reference sample and reflected light from the sample to a detector (Ruiz: abstract, Fig. 1-3, col. 5 lines 21-62). However, the reference sample of Ruiz is measured in place of a measurement target, meaning that the device of Ruiz is configured to perform calibration using the reference sample or measurement of an unknown sample. In both instances, light from each of these measurements impinge on the same detectors. Thus, Ruiz does not teach “a second sensor portion configured to receive and measure only one or more wavelengths of a second light beam that is emitted by the light source and reflected by the spectral reference”.
Therefore, for the reasons outlined above, claim 21 is indicated as having allowable subject matter.
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 NOAH J HANEY whose telephone number is (571)270-1282. The examiner can normally be reached Monday-Friday 9am-6pm eastern time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at (571) 270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH J. HANEY/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
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