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 .
Response to Amendment
The Amendment filed 07/06/2026 has been entered. Claims 1-9 remain pending in the application. New grounds of rejections necessitated by amendments are discussed below.
Claim Objections
Claim 1 is objected to because of the following informalities: The limitation of “perform correction to align absorbances as defined by the blank data and obtained at a plurality of measurement positions, wherein these absorbances together provide a blank data graph shape, and the absorbances as defined by the sample data and obtained at a plurality of measurement positions, wherein the absorbances together provide a sample data graph shape, and based on correlation processing of each of the plurality of measurement positions of the blank data and the sample data” appears to have grammatical mistakes and incomplete clauses. For example, “and the absorbances as defined by the sample data and obtained at a plurality of measurement positions” appears to be incomplete or unclear if it is part of the “wherein these absorbances together provide a blank data graph shape, “ statement. Additionally, “and based on correlation processing…” appears to be incomplete or unclear which clause “and based..” is continuing from. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 5, claim 5 recites “the driving unit is further configured to select a specific sequence out of all sequences the driving unit has produced”. While the specification discloses the driving unit is configured to rotate (paragraphs [0008],[0030],[0033]) and the driving unit is configured to repeat a sequence from a stationary state in which the cuvettes are stationary, through a rotating state in which the cuvettes are rotated in the annular direction, and to the stationary state (paragraph [0014]), the disclosure fails to describe “the driving unit is further configured to select a specific sequence out of all sequences the driving unit has produced”. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 6 is rejected by virtue of its dependency on claim 5.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, claim 1 recites “these absorbances together provide a blank data graph shape…” in lines 11-12 and “these absorbances together provide a sample data graph shape” in line 14. It is unclear if “these absorbances” is referring to the absorbances defined by the blank data AND the absorbances obtained at the plurality of measurement positions, or if “these absorbances” is referring only to one of the absorbances defined by the blank data or the absorbances defined by the sample data. Claims 2-9 are rejected by virtue of their dependency on claim 1.
Regarding claim 5, claim 5 recites “the sequence that is specific” in lines 8 and 10. It is unclear if “the sequence that is specific” is referring to “a sequence” of line 2 or “a specific sequence” of line 5. Claim 6 is rejected by virtue of its dependency on claim 5.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Minekane et al. (US 4549809 A; cited in the IDS filed 05/23/2024) in view of Gabe et al. (US 5981186 A).
Regarding claim 1, Minekane teaches an analysis device (abstract; Figs. 1-3), comprising:
processing circuitry (Fig. 1, microprocessor 38) configured to:
measure absorbances at a plurality of measurement positions from one end to the other end in a width direction of a cuvette (Figs. 1-3 and column 3, lines 25-37 teaches measuring absorbances at multiple positions through the width direction of the cuvette, i.e. from portion C to portion E) that is open at one end in a height direction (Fig. 2 shows cuvette 12 opened at the top end);
acquire blank data measured by the processing circuitry in a state where a blank liquid is placed in the cuvette (Figs. 1-3 and column 3, lines 25-37 teaches measuring absorbances; column 1, lines 7-25 teaches the invention is a method of transmission type photometric measurements for determining concentration, where a measurement from a sample is compared with a measurement obtained from a control fluid to calculate the concentration; therefore, the microprocessor is configured to acquire blank data from a blank liquid, i.e. control fluid, since the microprocessor is capable of measuring absorbances from the cuvettes 12), and sample data measured by the processing circuitry in a state where a reaction liquid in which a sample and a reagent are reacted is placed in the cuvette (Figs. 1-3 and column 3, lines 25-37 teaches measuring absorbances; column 2, lines 39-41 teaches a cuvette with reagents and a sample; therefore, the microprocessor is configured to acquire sample data as claimed).
Minekane fails to teach the processing circuitry configured to: perform correction to align absorbances as defined by the blank data and obtained at a plurality of measurement positions, wherein these absorbances together provide a blank data graph shape, and the absorbances as defined by the sample data and obtained at a plurality of measurement positions, wherein the absorbances together provide a sample data graph shape, and based on correlation processing of each of the plurality of measurement positions of the blank data and the sample data, the correlation processing comprises comparing the blank data graph shape and the sample data graph shape.
Minekane teaches determining concentration, where a measurement from a sample is compared with a measurement obtained from a control fluid to calculate the concentration (column 1, lines 7-25). Minekane teaches measurements of light absorption of the cuvette are taken at precisely timed intervals at predetermined rate of motion (column 3, lines 38-52), where using the measurement of light absorption at the same point along the path of movement of each cuvette allows for reduction of errors due to variations in the light absorption of the walls of the cuvettes (column 3, lines 53-58). Minekane teaches measurement of absorbance provides a data graph shape relating amount of absorbed light to measurement positions across the cuvette (column 3, lines 1-6; Fig. 3).
Gabe teaches a method for identifying a sequence of a target nucleic acid polymer (abstract; column 2, lines 60-67). Gabe teaches data traces, i.e. data graph shapes, are frequently automatically aligned (column 5, lines 3-12); wherein data traces are aligned by signal-based comparison of the data traces with a standard data trace (column 5, lines 29-34), wherein aligning includes shifting the data trace, which is necessary to obtain a high degree of correlation between experimental and standard data traces (column 5,lines 34-40). Gabe teaches once data traces are aligned, further analysis of the data traces is performed (column 6, lines 8-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processing circuitry of Minekane to incorporate Minekane’s teachings of comparing measurement of a sample with measurement of a control fluid (column 1, lines 7-25), ensuring measurement at the same point along a path of movement of the cuvettes (column 3, lines 38-58), and measurement of absorbance provides a data graph shape relating amount of absorbed light to measurement positions across the cuvette (column 3, lines 1-6; Fig. 3) and Gabe’s teachings of comparing data traces to a standard data trace in order to shift and align the data traces for further analysis (column 5, lines 3-12; column 5, lines 29-34; column 5,lines 34-40; column 6, lines 8-20) to provide: the processing circuitry configured to: perform correction to align absorbances as defined by the blank data and obtained at a plurality of measurement positions, wherein these absorbances together provide a blank data graph shape, and the absorbances as defined by the sample data and obtained at a plurality of measurement positions, wherein the absorbances together provide a sample data graph shape, and based on correlation processing of each of the plurality of measurement positions of the blank data and the sample data, the correlation processing comprises comparing the blank data graph shape and the sample data graph shape. Doing so would have a reasonable expectation of successfully improving the degree of correlation between the sample data and the blank data for improved further analysis as taught by Gabe (column 5,lines 34-40) while reducing potential errors due to variations of the walls of the cuvettes as taught by Minekane (column 3, lines 53-58).
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Minekane in view of Gabe et al. (US 5981186 A) as applied to claim 1 above, and further in view of Zhou et al. (US 20090104710 A1).
Regarding claim 2, modified Minekane further teaches the analysis device according to claim 1 (see above claim 1), further comprising:
a cuvette table (Minekane, Fig. 1, turntable 10) with a plurality of the cuvettes (cuvettes 12) disposed in an annular shape (Fig. 1), wherein
the processing circuitry is further configured to measure the absorbances while the plurality of the cuvettes are rotated in the annular direction (Figs. 1-3 and column 3, lines 25-37 teaches measuring absorbances as the cuvettes are rotated and passes through the light path).
While Minekane teaches a turntable that is rotated (Fig. 2, column 2, lines 59-63), Minekane fails to teach: a driving unit having a stepping motor, configured to rotate the cuvette table with the plurality of the cuvettes disposed in an annular shape, the rotation in an annular direction; and the processing circuitry is further configured to subject a specific cuvette among the plurality of the cuvettes to the correlation processing.
Zhou teaches a system for performing colorimetric absorbance measurement (abstract). Zhou teaches rotating a cuvette table (Fig. 2, reaction tray 13; [0051]) with a plurality of cuvettes disposed in an annular shape (Fig. 2, cuvettes 5), the rotation in an annular direction (Fig. 2). Zhou teaches a driving circuit to control the cuvette table to rotate via a motor ([0038],[0051]). Zhou teaches a filter wheel can be driven by a stepping motor or other similar motor ([0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the analysis device of modified Minekane to incorporate Zhou’s teachings of annularly rotating cuvettes on a cuvette table with a motor and motors for rotating can include stepping motors (Fig. 2; [0038],[0047],[0051]) to provide: a driving unit having a stepping motor, configured to rotate the cuvette table with the plurality of the cuvettes disposed in an annular shape, the rotation in an annular direction. Doing so would have a reasonable expectation of successfully utilizing known motors for rotating to improve control of rotation of the cuvette table.
Modified Minekane fails to teach: the processing circuitry is further configured to subject a specific cuvette among the plurality of the cuvettes to the correlation processing.
Minekane teaches measurements of light absorption of each cuvette are taken at precisely timed intervals at predetermined rate of motion (column 3, lines 38-52), where using the measurement of light absorption at the same point along the path of movement of each cuvette allows for reduction of errors due to variations in the light absorption of the walls of the cuvettes (column 3, lines 53-58).
Zhou teaches a colorimetric absorbance measurement method and system (abstract; Figs. 1-3) comprising a reaction tray comprising reaction cuvettes that rotate (abstract; Figs. 1-3). Zhou teaches when the measurements are completed, an A/D conversion unit transmits the data to a microprocessor for data processing and calculation ([0053]). Zhou teaches the method ensures consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements (abstract; [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processing circuitry of modified Minekane to incorporate the teachings of ensuring measurement at the same point along a path of movement of each cuvette of Minekane (column 3, lines 38-58) and the teachings of ensuring consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements of Zhou (abstract; [0057]) to provide: the processing circuitry is further configured to subject a specific cuvette among the plurality of the cuvettes to the correlation processing. Doing so would have a reasonable expectation of successfully improving consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements of desired cuvettes as taught by Zhou and reduction of potential errors due to variations of the walls of the cuvettes as taught by Minekane.
Regarding claim 3, modified Minekane further teaches wherein the specific cuvette is the cuvette in which the absorbance is measured during a period of time when angular velocity is changing (interpreted as an intended use, see MPEP 2114; Minekane, column 3, lines 38-52, teaches measurements of light absorption of each cuvette are taken at precisely timed intervals at predetermined rate of motion; therefore, the analysis device of Minekane is capable of measuring absorbance of the cuvette when angular velocity is changing).
Regarding claim 4, modified Minekane further teaches wherein the specific cuvette is the cuvette in which the absorbance is measured during a period of time when angular velocity is constant (interpreted as an intended use, see MPEP 2114; Minekane, column 3, lines 38-52, teaches measurements of light absorption of each cuvette are taken at precisely timed intervals at predetermined rate of motion; therefore, the analysis device of Minekane is capable of measuring absorbance of the cuvette when angular velocity is constant).
Regarding claim 5, modified Minekane further teaches wherein the driving unit (see above claim 2; modified Minekane includes a driving unit having a stepping motor) is configured to repeat a sequence from a stationary state in which the plurality of the cuvettes are stationary, through a rotating state in which the plurality of the cuvettes are rotated in the annular direction, and to the stationary state (interpreted as a functional limitation, see MPEP 2114; see above claim 2; modified Minekane includes a driving unit having a stepping motor, therefore the driving unit and stepping motor is structurally capable of repeating a sequence of being in a stationary state to a rotating state, and again to a stationary state since the motor can be controlled to start and stop repeatedly),
the processing circuitry is further configured to acquire the blank data measured by the processing circuitry in the sequence that is specific (Minekane, Figs. 1-3 and column 3, lines 25-37 teaches measuring absorbances; column 1, lines 7-25 teaches the invention is a method of transmission type photometric measurements for determining concentration, where a measurement from a sample is compared with a measurement obtained from a control fluid to calculate the concentration; therefore, the microprocessor is configured to acquire blank data in the sequence, i.e. at a point of time during the sequence, as claimed since it is capable of measuring absorbance).
Modified Minekane fails to teach: the driving unit is further configured to select a specific sequence out of all sequences the driving unit has produced; and the processing circuitry is further configured to perform the correlation processing by using the blank data in the sequence that is specific.
Minekane teaches measurements of light absorption of each cuvette are taken at precisely timed intervals at predetermined rate of motion (column 3, lines 38-52), where using the measurement of light absorption at the same point along the path of movement of each cuvette allows for reduction of errors due to variations in the light absorption of the walls of the cuvettes (column 3, lines 53-58). Minekane teaches the invention is a method of transmission type photometric measurements for determining concentration, where a measurement from a sample is compared with a measurement obtained from a control fluid to calculate the concentration (column 1, lines 7-25). Minekane teaches measurements are taken at specific times, therefore a computer selects one of the measurements for use in the measurements (column 4, lines 64-68).
Zhou teaches a colorimetric absorbance measurement method and system (abstract; Figs. 1-3) comprising a reaction tray comprising reaction cuvettes that rotate (abstract; Figs. 1-3). Zhou teaches when the measurements are completed, an A/D conversion unit transmits the data to a microprocessor for data processing and calculation ([0053]). Zhou teaches the method ensures consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements (abstract; [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving unit and the processing circuitry of Minekane to incorporate the teachings of ensuring measurement at the same point along a path of movement of each cuvette of Minekane (column 3, lines 38-58), the teachings of using measurement from a control fluid of Minekane (column 1, lines 7-25), the teachings of selecting measurements taken at specific times of Minekane (column 4, lines 64-68), and the teachings of ensuring consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements of Zhou (abstract; [0057]) to provide: the driving unit is further configured to select a specific sequence out of all sequences the driving unit has produced; and the processing circuitry is further configured to perform the correlation processing by using the blank data in the sequence that is specific. Doing so would have a reasonable expectation of successfully improving consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements of desired cuvettes as taught by Zhou and reduction of potential errors due to variations of the walls of the cuvettes as taught by Minekane.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Minekane in view of Gabe, and Zhou as applied to claim 5 above, and further in view of Kecht et al. (US 20140284497 A1).
Regarding claim 6, modified Minekane fails to teach:
wherein the processing circuitry is further configured to acquire first blank data measured by the processing circuitry in a first sequence and second blank data measured by the processing circuitry in a second sequence different from the first sequence, and
the processing circuitry is further configured to calculate a correction value for aligning a plurality of measurement positions of the first blank data and the second blank data based on correlation processing of each of the plurality of measurement positions of the first blank data and the second blank data, and correct each of measurement values of the sample data by the correction value.
Minekane teaches measurements of light absorption of each cuvette are taken at precisely timed intervals at predetermined rate of motion (column 3, lines 38-52), where using the measurement of light absorption at the same point along the path of movement of each cuvette allows for reduction of errors due to variations in the light absorption of the walls of the cuvettes (column 3, lines 53-58). Minekane teaches the invention is a method of transmission type photometric measurements for determining concentration, where a measurement from a sample is compared with a measurement obtained from a control fluid to calculate the concentration (column 1, lines 7-25).
Zhou teaches a colorimetric absorbance measurement method and system (abstract; Figs. 1-3) comprising a reaction tray comprising reaction cuvettes that rotate (abstract; Figs. 1-3). Zhou teaches when the measurements are completed, an A/D conversion unit transmits the data to a microprocessor for data processing and calculation ([0053]). Zhou teaches the method ensures consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements (abstract; [0057]).
Kecht teaches a spectral luminance standard and calibration medium (abstract). Kecht teaches for calibrating a luminescence testing device, a calibration medium can be transported past a testing device, so that a plurality of calibration measurement values of the calibration medium can be detected and for the calibration of the testing device an average value of these measurement values can be used, which allows a more exact calibration ([0007]). Kecht teaches a scanning a plurality of calibration measurement values ([0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processing circuitry of Minekane to incorporate Minekane’s teachings of using measurement from a control fluid (column 1, lines 7-25), Zhou’s teachings of ensuring consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements (abstract; [0057]) and Kecht’s teachings of using a plurality of calibration measurement values for a more exact calibration of a testing device ([0007],[0054]) to provide: wherein the processing circuitry is further configured to acquire first blank data measured by the processing circuitry in a first sequence and second blank data measured by the processing circuitry in a second sequence different from the first sequence, and the processing circuitry is further configured to calculate a correction value for aligning a plurality of measurement positions of the first blank data and the second blank data based on correlation processing of each of the plurality of measurement positions of the first blank data and the second blank data, and correct each of measurement values of the sample data by the correction value. Doing so would have a reasonable expectation of successfully improving consistency in the measurement and synchronization between the calibration and the sample test and reliability of the measurements of desired cuvettes as taught by Zhou and additionally improving calibration of the device as taught by Kecht.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Minekane in view of Gabe as applied to claim 1 above, and further in view of Kecht et al. (US 20140284497 A1).
Regarding claim 7, modified Minekane fails to teach: wherein the processing circuitry is further configured to acquire a plurality of the blank data measured with each of a plurality of the cuvettes and a plurality of the sample data measured with each of the plurality of the cuvettes, and the processing circuitry is further configured to perform the correlation processing by using the plurality of the blank data and the plurality of the sample data.
Minekane teaches measurements of light absorption of each cuvette are taken at precisely timed intervals at predetermined rate of motion (column 3, lines 38-52), where using the measurement of light absorption at the same point along the path of movement of each cuvette allows for reduction of errors due to variations in the light absorption of the walls of the cuvettes (column 3, lines 53-58). Minekane teaches the invention is a method of transmission type photometric measurements for determining concentration, where a measurement from a sample is compared with a measurement obtained from a control fluid to calculate the concentration (column 1, lines 7-25).
Kecht teaches a spectral luminance standard and calibration medium (abstract). Kecht teaches for calibrating a luminescence testing device, a calibration medium can be transported past a testing device, so that a plurality of calibration measurement values of the calibration medium can be detected and for the calibration of the testing device an average value of these measurement values can be used, which allows a more exact calibration ([0007]). Kecht teaches a scanning a plurality of calibration measurement values ([0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processing circuitry of modified Minekane to incorporate Minekane’s teachings of measuring each cuvette (column 3, lines 38-52) and using measurement from a control fluid (column 1, lines 7-25) and Kecht’s teachings of using a plurality of calibration measurement values and an average value thereof for a more exact calibration of a testing device ([0007],[0054]) to provide: wherein the processing circuitry is further configured to acquire a plurality of the blank data measured with each of a plurality of the cuvettes and a plurality of the sample data measured with each of the plurality of the cuvettes, and the processing circuitry is further configured to perform the correlation processing by using the plurality of the blank data and the plurality of the sample data. Doing so would have a reasonable expectation of successfully allowing for more exact calibration of the cuvettes as taught by Kecht ([0007]).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Minekane in view of Gabe as applied to claim 1 above, and further in view of Yamamoto et al. (US 20080020481 A1) and Pandey et al. (US 20160259035 A1).
Regarding claim 8, modified Minekane further teaches the analysis device according to claim 1 (see above claim 1), further comprising:
a substrate (Minekane, Figs. 1-2 teaches a detector 30 that is interpreted as including a substrate or housing structure);
a light receiving element (Figs. 1-2, detector 30), provided on the substrate (Figs. 1-2 teaches a detector 30 that is interpreted as including the detector on a substrate or housing structure) and configured to receive light of each of wavelengths that has passed through the cuvette (column 2, lines 54-58); and
an amplifier circuit (Fig. 1, logarithmic amplifier 34).
Modified Minekane fails to teach:
a plurality of amplifier circuits, provided on the substrate and configured to amplify a signal of the light of each of wavelengths received by the light receiving element for each of the wavelengths,
wherein a connection distance between each of the plurality of amplifier circuits and the light receiving element is shorter in the amplifier circuit configured to amplify a signal with a wavelength less than a particular value than in the amplifier circuit configured to amplify a signal with a wavelength greater than or equal to the particular value.
Yamamoto teaches a specimen analyzing apparatus for measuring interference substances before analyzing a specimen (abstract). Yamamoto teaches detecting a change of absorbance from a cuvette ([0048]; Fig. 1). Yamamoto teaches light receiving element (Figs. 6-8, photoelectric conversion element 43 ) on a substrate (Figs. 6-8, substrate 46) and an amplifier circuit on the substate (Fig. 7 shows amplifier 76e on the substrate 46). Yamamoto teaches the amplifier amplifies digital signals ([0071]). Yamamoto teaches a substrate (Fig. 8, second detection portion 72) with a light receiver (74) and a plurality of amplifier circuits (76b, 76A); wherein the amplifier circuits amplifies the electric signals corresponding to the lights of the five different wavelengths ([0094]); and thus, a plurality of types of electric signals can be obtained, whereby the optical information can be easily acquired from the measurement sample under a plurality of conditions ([0107]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the analysis device of modified Minekane to incorporate the teachings of an apparatus for measuring absorbance that includes a plurality of amplifier circuits for amplifying wavelengths to obtain optical information of a sample of Yamamoto (Figs. 1, 6-8; [0048], [0071], [0094], [0107]) to provide: a plurality of amplifier circuits, provided on the substrate and configured to amplify a signal of the light of each of wavelengths received by the light receiving element for each of the wavelengths. Doing so would have a reasonable expectation of successfully improving proper amplification of each wavelengths received by the light receiving element for improved acquisition and processing of wavelengths from the cuvette under a plurality of conditions as taught by Yamamoto ([0107]).
Modified Minekane fails to teach: wherein a connection distance between each of the plurality of amplifier circuits and the light receiving element is shorter in the amplifier circuit configured to amplify a signal with a wavelength less than a particular value than in the amplifier circuit configured to amplify a signal with a wavelength greater than or equal to the particular value.
Yamamoto teaches light receiving element (Figs. 6-8, photoelectric conversion element 43 ) on a substrate (Figs. 6-8, substrate 46) and an amplifier circuit on the substate (Fig. 7 shows amplifier 76e on the substrate 46). Yamamoto teaches the amplifier amplifies digital signals ([0071]). Yamamoto teaches a substrate (Fig. 8, second detection portion 72) with a light receiver (74) and a plurality of amplifier circuits (76b, 76A); wherein the amplifier circuits amplifies the electric signals corresponding to the lights of the five different wavelengths ([0094]); and thus, a plurality of types of electric signals can be obtained, whereby the optical information can be easily acquired from the measurement sample under a plurality of conditions ([0107]).
Pandey teaches a probe for analyzing a target using an array of transceivers (abstract). Pandey teaches amplifiers can be placed physically close to a receiver to eliminate noise, time delays, and possibly fragile cables ([0053]). Pandey teaches since the received signals are amplified at a considerably reduced connection distance, the signal to noise ratio improves significantly ([0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection distance between each of the plurality of amplifier circuits and the light receiving element of modified Minekane to incorporate Yamamoto’s teachings of different amplifier circuits for desired wavelengths (Figs. 7-8; [0071], [0094], [0107]) and Pandey’s teachings of providing reduced connection distances between a receiver and amplifier ([0053]) to provide: wherein a connection distance between each of the plurality of amplifier circuits and the light receiving element is shorter in the amplifier circuit configured to amplify a signal with a wavelength less than a particular value than in the amplifier circuit configured to amplify a signal with a wavelength greater than or equal to the particular value. Doing so would have a reasonable expectation of successfully improving signal to noise ratio of the analysis device as taught by Pandey.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection distance between each of the plurality of amplifier circuits and the light receiving element of modified Minekane to incorporate Yamamoto’s teachings of different amplifier circuits for desired wavelengths (Figs. 7-8; [0071], [0094], [0107]) and Pandey’s teachings of providing reduced connection distances between a receiver and amplifier ([0053]) to provide: wherein a connection distance between each of the plurality of amplifier circuits and the light receiving element is shorter in the amplifier circuit configured to amplify a signal with a wavelength less than a particular value than in the amplifier circuit configured to amplify a signal with a wavelength greater than or equal to the particular value through routine experimentation (see MPEP 2144.05 (II)). Doing so would optimize the signal of desired wavelengths to optimize the optical information from the measurement sample under a plurality of conditions.
Regarding claim 9, modified Minekane fails to teach: wherein the connection distance is the shortest in the amplifier circuit configured to amplify a signal with a wavelength of 340 nm.
Yamamoto teaches light receiving element (Figs. 6-8, photoelectric conversion element 43 ) on a substrate (Figs. 6-8, substrate 46) and an amplifier circuit on the substate (Fig. 7 shows amplifier 76e on the substrate 46). Yamamoto teaches the amplifier amplifies digital signals ([0071]). Yamamoto teaches a substrate (Fig. 8, second detection portion 72) with a light receiver (74) and a plurality of amplifier circuits (76b, 76A); wherein the amplifier circuits amplifies the electric signals corresponding to the lights of the five different wavelengths ([0094]); and thus, a plurality of types of electric signals can be obtained, whereby the optical information can be easily acquired from the measurement sample under a plurality of conditions ([0107]). Yamamoto teaches measuring optical information from various wavelengths, such as 340 nm ([0077], [0111],[0117],[0132]).
Pandey teaches a probe for analyzing a target using an array of transceivers (abstract). Pandey teaches amplifiers can be placed physically close to a receiver to eliminate noise, time delays, and possibly fragile cables ([0053]). Pandey teaches since the received signals are amplified at a considerably reduced connection distance, the signal to noise ratio improves significantly ([0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection distance between each of the plurality of amplifier circuits and the light receiving element of modified Minekane to incorporate Yamamoto’s teachings of different amplifier circuits for desired wavelengths (Figs. 7-8; [0071], [0094], [0107]) and measuring optical information from various wavelengths, such as 340 nm ([0077], [0111],[0117],[0132]) and Pandey’s teachings of providing reduced connection distances between a receiver and amplifier ([0053]) to provide: wherein the connection distance is the shortest in the amplifier circuit configured to amplify a signal with a wavelength of 340 nm. Doing so would have a reasonable expectation of successfully improving signal to noise ratio for desired wavelengths of the analysis device as taught by Pandey.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection distance between each of the plurality of amplifier circuits and the light receiving element of modified Minekane to incorporate Yamamoto’s teachings of different amplifier circuits for desired wavelengths (Figs. 7-8; [0071], [0094], [0107]) and measuring optical information from various wavelengths, such as 340 nm ([0077], [0111],[0117],[0132]) and Pandey’s teachings of providing reduced connection distances between a receiver and amplifier ([0053]) to provide: wherein the connection distance is the shortest in the amplifier circuit configured to amplify a signal with a wavelength of 340 nm through routine experimentation (see MPEP 2144.05 (II)). Doing so would optimize the signal of desired wavelengths to optimize the optical information from the measurement sample under a plurality of conditions.
Response to Arguments
Applicant’s arguments, see page 7, filed 07/06/2026, with respect to claim interpretation under 35 U.S.C. 112(f) have been fully considered and are persuasive. The claim interpretation under 35 U.S.C. 112(f) of 04/20/2026 has been withdrawn.
Applicant’s arguments, see pages 8-13, filed 07/06/2026, with respect to the rejection(s) of claims 1-9 under 35 U.S.C. 103, specifically regarding amended claim 1, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Minekane et al. (US 4549809 A; cited in the IDS filed 05/23/2024) in view of Gabe et al. (US 5981186 A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Joseph et al. (US 20190285659 A1) teaches a computer-implemented method for calibrating a photometer in an analyzer (abstract). Joseph teaches a second computer-implemented method for calibrating a photometer in an in-vitro diagnostics analyzer includes identifying a plurality of reference measurement areas between a plurality of cuvette locations in a cuvette segment assembly ([0009]), where a plurality of reference measurements is acquired in the reference measurement areas using the photometer, and then, source lamp drift in the photometer is corrected by adjusting one or more calibration parameters based on a comparison of the reference measurements to a predetermined standard setup of the photometer ([0009]).
Schwartz et al. (US 5380663 A) teaches a system for rapid microbead calibration of a flow cytometer (abstract). Schwartz teaches comparing calibration data and automatically shifting the calibration plot line with cell data (column 11, lines 40-49).
Shehada et al. (US 20170176425 A1) teaches a method of calibrating event data (abstract). Shehada teaches measured event data for a non-reference lot is compared with the measured event data for the reference lot to generate a calibration factor; and the calibration factor aligns the measured event data with the reference event data. In some implementations, the comparison may be the difference or ratio between the reference and the actual values obtain for testing the non-reference lot ([0066]).
Fletcher et al. (US 20140357516 A1) teaches systems for diagnosing and treating cancer (abstract). Fletcher teaches a comparison module that performs comparisons with mass-spectrometry spectra; wherein processed spectra can be aligned using alignment algorithms that align sample data to the control data using minimum entropy algorithm by taking baseline corrected data ([0154]).
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 HENRY H NGUYEN whose telephone number is (571)272-2338. The examiner can normally be reached M-F 7:30A-5:00P.
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/HENRY H NGUYEN/Primary Examiner, Art Unit 1758
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