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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/12/2025 has been entered.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 19, 21-25, 28-41, is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Ciurczak et al. (US 2005/0033127) [hereinafter Ciurczak].
As to claim 19, Ciurczak teaches a system for analyzing at least one material from an environment, the system comprising: a spectrometer disposed in a handheld device configured to collect light spectra from the at least one material and provide an output including signals representative of patterns of light provided to a light sensitive detector comprising a near-infrared spectrometer within the spectrometer, wherein the patterns of light are spatially related to wavelengths associated with the light spectra collected from the at least one material; and at least one computer processor configured to: receive the output of the spectrometer (paragraphs 0251, 0136-0137, 0162); receive an output from at least one additional sensor disposed in the handheld device configured to generate a signal associated with at least one aspect of the environment including the at least one material (paragraphs 0138, 0150; note the spectral device detects both optical properties and other non-spectral body properties); and provide to a display information relating to at least one characteristic of the material to be analyzed (paragraph 0230), wherein the information is developed based on analysis of both the output of the spectrometer and the output of the at least one additional sensor (paragraph 0138; note spectral device spectral properties and other non-spectral properties).
As to claim 21, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein a display unit is disposed in the handheld device (paragraphs 0224, 0228, 0246, 0250-0251).
As to claim 22, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein both the output of the spectrometer and the output of the at least one additional sensor is analyzed by the at least one computer processor (paragraphs 0131, 0138).
As to claim 23, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein the at least one additional sensor includes one or more of a camera, a temperature sensor, a capacitance sensor, a resistance sensor, a conductivity sensor, an inductance sensor, an altimeter, a global positioning system unit, a turbidity sensor, a pH sensor, an accelerometer, a vibration sensor, a biometric sensor, a chemical sensor, a color sensor, a clock, an ambient light sensor, a microphone, a penetrometer, a durometer, a barcode reader, a flowmeter, a speedometer, a magnetometer, and another spectrometer (paragraphs 0138, 0140; note non-spectral properties, such as temperature is detected).
As to claim 24, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein the at least one characteristic of the material is a characteristic selected from the group consisting of a type of the at least one material, a ripeness level of the at least one material, a moisture level of the at least one material, and an identity of the at least one material (paragraph 0138, 0150).
As to claim 25, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein the at least one computer processor is disposed within the handheld device (paragraph 0131).
As to claim 28, Ciurczak teaches all as applied to claim 19, and in addition teaches the light source (221, Fig.23; paragraph 0197) configured to generate the light spectra upon interaction with the at least one material.
As to claim 29, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein the light source comprises one or more light-emitting diodes or one or more lasers (paragraph 0143).
As to claim 31, Ciurczak teaches all as applied to claim 19, except wherein the at least one material is an agricultural product. However, the type of material optically investigated/detected is intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
As to claim 32, Ciurczak teaches all as applied to claim 19, and in addition teaches, wherein the spectrometer comprises a plurality of detectors comprising the light sensitive detector (paragraph 0042, 0204).
As to claim 33, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein the light sensitive detector comprises a charge coupled device (CCD) detector or a complementary metal oxide semiconductor (CMOS) detector (paragraph 0204).
As to claims 35-37, Ciurczak teaches all as applied to claim 19, and in addition teaches a communication device operatively coupled to the at least one computer processor (paragraphs 0206 0225).
As to claim 38, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein the display unit is integral to the handheld device (paragraphs 0224, 0228, 0246, 0250-0251).
As to claim 39, Ciurczak teaches all as applied to claim 19, and in addition teaches wherein the spectrometer is configured to generate a measurement beam and direct the beam at an object with user hand manipulations of the housing (paragraphs 0251-0252, 0256).
As to claim 40-41, Ciurczak teaches all as applied to claim 19, and in addition teaches the digital signal processing circuitry, or wireless communication circuitry positioned within the housing (paragraph 0206).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 30, 34, is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciurczak.
As to claim 30, Ciurczak teaches all as applied to claim 19 except wherein the spectrometer has dimensions less than about 2 centimeters (cm) width by 2 cm length by 2 cm height. However, the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide spectrometer with said size to perform spectroscopic detection/analysis on desired sample.
As to claim 34, Sperling teaches all as applied to claim 19 except wherein the output comprises a multi-dimensional spectrum. However, examiner takes Official Notice the use of detector/processor outputting multi-dimensional spectrum is known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate detector/processor outputting multi-dimensional spectrum in optical apparatus/detection in order to provide enhanced resolution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI NUR whose telephone number is (571)270-1298. The examiner can normally be reached on M-F, 9am to 6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam, can be reached on 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABDULLAHI NUR/Primary Examiner, Art Unit 2886