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 .
This action is responsive to the amendment of 11/10/2025.
Response to Arguments
Objections to the Specification
The objections to the specification are overcome by amendment.
Objection to the Claims
The existing objection to the claims is overcome by amendment.
Rejections under 35 U.S.C. § 112
The existing rejections under 35 U.S.C. § 112 appear to be overcome by amendment.
Prior Art Rejections
Applicant’s first argument is that Tojo does not teach the claimed container being a flow-through cell or a recess in an immersion probe, however, this argument is moot. The present action does not rely on Tojo to teach this limitation.
Applicant’s second argument is that Tojo fails to disclose predetermining the shape of the volume of the liquid through which the images are taken, however, this argument is not persuasive. The shape of the volume of medium imaged through is predetermined by using a container of a particular shape, regardless of one’s level of knowledge regarding that shape.
Applicant’s third argument is that using a container of unknown shape makes determination of measured values of measurands impossible, however, this argument is not persuasive. The word “measurand” is broad, encompassing anything that can be measured, not just measurements adjusted to remove the impact of the shape of the substance under test. Additionally, measurements can be made to infer the impact of the shape of the substance, and those measurands can be used to inform calculations regarding the measurands one cares more about. For example, when measuring concentration of a particular solute in an aqueous solution, one could also measure the quantity of water along the optical path by measuring another measurand that depends on the amount of water the light has been transmitted through and is less sensitive to the presence of the solute.
Applicant’s fourth argument is that Tojo is not concerned with measuring a measurand of a medium, but only with confirming the identity of the medicine in a container, however, this argument is not persuasive. The correctness of a label on a container of liquid medicine is a measurand. As described below, Tojo also measures several other, more optically oriented measurands recited in certain dependent claims.
Applicant’s fifth argument is that Tojo does not provide any information on properties of liquid medicine when the medicine information is not confirmed, however, this argument is not persuasive. First, negative information (e.g., this medicine is not X) is information on the properties of the medicine. Second, the optical measurements used to draw the conclusion of non-matching, such as the refractive index, still constitute information.
Applicant’s sixth argument is that Pison fails to disclose predetermining the shape of the volume of medium and that the container is a flow-through cell or a recess in an immersion probe, however, this argument is unpersuasive and/or moot. Pison appears to be using a standardized (i.e., predetermined) shape of sample container 24 and is not relied on for that container to be either of the listed types.
Claim Objections
Claims 2-4, 7, 9-10, 12, 14, 17, and 19-22 are objected to because of the following informalities: (note that line numbers in this section are counted from the start of the claim, or from the start of the relevant page for errors not on the first page of a claim.)
Regarding claim 2, line 6 recites “the at least one reference picture comprise” rather than “the at least one reference picture comprises”.
On the second page of claim 2, line 13 recites “”, including both strikethrough and underline, which is interpreted as being added in the current amendment and not also removed.
Claims 3-4, 7, 10, 12, 14, 17, and 19-21 appear to have incorrect status markers. The amendment of 11/10/2025 seems to be presenting only the second version of the claims presented, so every claim that is not currently amended is identical to the first version of the claim and should be labeled “(Original)”. “(Previously Presented)” is generally reserved for claims identical to a previous version, but not to the first version, which does not apply in the second version of a claim set. Claims 3-4, 7, 10, 12, 17, and 19-21 are improperly marked as “(Previously Presented)” and claim 14 is improperly marked as “(Currently Amended)” when they should all be marked “(Original)”.
Claim 9, lines 4-7 are newly added, but are not underlined. Line 5 recites “equipped with at last one” rather than “equipped with at least one”.
Claim 12 depends on now-canceled claim 11. As claim 9 now incorporates some limitations from now-canceled claim 11, claim 12 is interpreted as directly depending on claim 9, similar to claim 13.
Claim 22, line 4-5 recites “the container is equipped with at least one or:”, which may be intended as “the container is equipped with at least one of:”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 22 is 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.
Claim 22 is unclear as to which limitations are required when other limitations are provided. In particular, the phrase “wherein the container is equipped with at least one or:” (of?) suggests that only one of the following items is required, but the list that follow appears to demand both “a transparent window… that is inserted into a first container wall…” and “a transparent window… that is inserted into a second container wall…”. It is unclear whether the “at least one” is intended to render one of the transparent windows optional when the other is included (an interpretation strengthened by the windows not being introduced as “a first transparent window… and a second transparent window”) or whether it is intended to render only one of “having a prism-shaped region…” or “having a window surface…” required (in this case, the “at least one” language would be redundant, and questions would be raised as to whether the second introduction of “a transparent window” is referring to the previously introduced transparent window or whether it is a second transparent window being introduced). The claim is interpreted as only requiring at least one transparent window rather than strictly requiring both.
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.
Claim(s) 1-10, 12-16, and 18-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tojo (US Patent Publication 20120127290) in view of Eliason (US Patent Publication 20180238845).
Regarding claim 1, Tojo teaches a method of, with a sensor including a camera (FIG. 1, imaging camera 14), a container (FIG. 1, medicine container 16) and a pattern (FIG. 1, light and dark patterns 12a), measuring one or at least two measurands of a transparent medium (paragraph 75, color, viscosity, refractive index or quantity are given as examples), wherein the container is transparent at least in portions (paragraph 14) and/or is equipped with at least one transparent window, wherein the container includes an interior (FIG. 1, where liquid medicine 15 is located) having a predetermined shape (the choice of which container to use predetermines the shape of the container used), the method comprising:
with the camera taking pictures (FIG. 3A) of the pattern (FIG. 1, light and dark patterns 12a) through a volume of the medium inside the container (FIG. 1, liquid medicine 15 located in medicine container 16), wherein the volume of the medium has a predetermined shape predetermined by the shape of the interior of the container (liquids, including liquid medicine 15, tend to conform to the shape of their container, as shown, for example, in FIG. 1), and
determining measured values of each measurand (paragraph 75, color, viscosity, refractive index or quantity are given as examples) based on effects of the volume of the predetermined shape of the medium on the pictures of the pattern, that are characteristic of the respective measurand and dependent on the value of the respective measurand (paragraphs 15-16).
While Tojo does teach performing measurements on a syringe, which would include a portion fitting the broadest reasonable interpretation of a flow-through cell, that is not the portion that imaging would be performed through, so Tojo does not teach that the container is a flow-through cell or a recess in an immersion probe which is open to the surrounding.
In the same field of endeavor of optical measurements of measurands through flowing media, Eliason does teach that the container is a flow-through cell (paragraph 2) or a recess in an immersion probe which is open to the surrounding. By using a flow-through cell, Eliason is able to flow the sample through the measurement region rather than having it stationary, allowing continuous sampling of a larger sample.
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 measurand measurement method of Tojo by taking inspiration from Eliason and adapting the container to serve as a flow-through cell and flowing a sample through that flow-through cell gaining the predictable result of measuring a flowing sample with a reasonable expectation of success.
Regarding claim 2, Tojo, as modified by Eliason, teaches or renders obvious the method according to claim 1 (as described above).
Tojo further teaches that he effects characteristic of the respective measurand are quantitatively detected by means of the pictures and at least one reference picture of the pattern taken in each case through a volume of the predetermined shape of a reference medium having a known value of each measurand, and assigned to the associated measured value of the respective measurand, wherein the at least one reference picture comprise at least one of at least one experimentally generated reference picture and at least one reference picture produced numerically by simulation calculations; and/or
wherein for at least one measurand the measured values of the respective measurand are determined based on the pictures (FIG. 4, step S104 results in the image analyzed in the later steps):
a) by means of a pattern recognition (FIG. 4, step S105A, S106A, or S108, pattern matching techniques) and/or classification method or a pattern recognition and/or classification method trained, learned or ascertained on the basis of training data, or
b) with a model at least one model for determining measured values of the respective measurand, that reflects the dependence of the pictures of the respective measurand and that is created in advance on the basis of training data, or
c) with a model for determining the measured values of the respective measurand, that takes into account the dependence of the pictures on the respective measurand and at least one further variable that is determinable based on the pictures, wherein the at least one further variable comprises at least one further measurand, the measured values of which are determined and made available, and/or comprises at least one property of the medium that is different from each measurand to be measured and has an effect on the pictures.
Regarding claim 3, Tojo, as modified by Eliason, teaches or renders obvious the method according to claim 1 (as described above).
Tojo further teaches that the measured values are determined by means of an analytical or numerical evaluation of the pictures (paragraph 90, quantifying an evaluation value is a numerical evaluation, and is performed using the image information), and/or
values of at least one characteristic variable of the pictures dependent on the respective measurand are determined on the basis of the pictures for each measurand, and the measured values of the measurand(s) are determined on the basis of the values of the characteristic variables and in advance in a calibration method, the dependence of the values of the characteristic variable(s) on calibration data representing the values of the measurand(s) is determined, wherein:
for determining the measured values of at least one measurand which has an effect on the individual images of individual pattern elements of the pattern contained in the pictures, an approach is adopted such that each characteristic variable used for determining the measured values of the respective measurand is determined in each case on the basis of a plurality, an average value or a median of imaging characteristic variables of the individual images corresponding to the respective characteristic variable,
the measured values of each measurand are determined in each case on the basis of the values, determined on the basis of the pictures, of the characteristic variable(s) dependent on the respective measurand, and/or
the measured values of the, at least one of the or each measurand are determined in each case in that:
the values of the characteristic variable(s) dependent on the respective measurand are determined on the basis of the pictures,
for at least one further variable that can be determined by means of the pictures, values of at least one characteristic variable of the pictures that is dependent on the corresponding further variable are determined, wherein the at least one further variable comprises at least one measurand different from the corresponding measurand and/or at least one property of the medium different from each measurand, and
the measured values of the respective measurand are calculated on the basis of the values of the characteristic variable(s) dependent on the respective measurand and the values, determined for each further variable, of the characteristic variable(s) dependent on the respective further variable by means of a calculation rule determined in advance on the basis of calibration data.
Regarding claim 4, Tojo, as modified by Eliason, teaches or renders obvious the method according to claim 1 (as described above).
Tojo further teaches that the pictures are processed and the measured values are determined on the basis of the processed pictures (paragraph 53) and/or the pictures are processed in such a way that:
image shifts of the images of the pattern within the pictures by shifting individual sensor components of a sensor that comprises the camera and the pattern for generating the pictures and/or image shifts caused by vibrations, are subsequently compensated for, and/or
pictures with a higher dynamic range that have been processed from multiple pictures taken with different exposure times are produced, and/or
multiple pictures taken in chronological succession or the processed pictures produced therefrom are each combined into an overall image and the measured values are determined using the overall images.
Regarding claim 5, Tojo, as modified by Eliason, teaches or renders obvious the method according to claim 1 (as described above).
Tojo further teaches that the volume is shaped in such a way that a volume width running parallel to the imaging path running through the volume varies at least in portions continuously or in steps in a direction perpendicular to the imaging path (FIG. 1, the cylindrical shape of liquid medicine 15 imposed by medicine container 16 has a thickness in the direction of the optical axis that varies continuously in the horizontal direction perpendicular to the optical axis), and
the measured values of the, at least one or each measurand are determined in each case on the basis of the pictures and/or are determined on the basis of those partial regions of the pictures in which the received radiation power is large enough to enable the determination of the measured values, and the value of the measurand has an effect on the pictures of the pattern elements (FIG. 7B) to an extent that can be quantitatively measured (FIG. 4, steps S105B, S106B, and 109 compare evaluation values to thresholds, which is a quantitative method) by means of the evaluation device (FIG. 1B, image processing unit 11).
Regarding claim 6, Tojo, as modified by Eliason, teaches or renders obvious the method according to claim 1 (as described above).
Tojo further teaches that the volume has two or more volume regions of different shape (FIG. 3A, shoulder portion-periphery reference image information 19a, liquid surface-periphery reference image information 19b, bottom portion-periphery image information 19c, and the portion of liquid medicine 15 not included in 19a-c, which all have different shapes),
the individual volume regions are arranged in such a way that a different pattern region of the pattern is taken by the camera through each volume region (FIG. 3A, light and dark patterns 12c, d, f, and g), and the pictures each comprise a number of picture regions corresponding to the number of volume regions, which in each case correspond to an image, taken with the camera through one of the volume regions (FIG. 3B), of the pattern region of the pattern arranged downstream of the respective volume region in the viewing direction of the camera (FIG. 1A), and
the measured values of the, at least one or each measurand in each case:
are determined on the basis of the pictures (paragraphs 15-16) and/or are determined on the basis of those picture regions which are suitable for this purpose due to the shape of the volume region through which these picture regions have been taken, and/or are determined in that:
the measured values of at least one measurand are determined on the basis of the images of a first pattern region of the pattern contained in the pictures,
measured values of at least one further variable that can be determined using the pictures are determined in each case on the basis of the images contained in the pictures of at least one further pattern region of the pattern that is different from the first pattern region, and
an approach is adopted such that:
the measured values are made available to at least one further variable designed as one of the measurand(s), and/or a correction method is carried out in which the measured values of at least one measurand are each corrected on the basis of the measured values of at least one measurand different from the respective measurand and/or at least one further variable different from each measurand and the corrected measured values of the corresponding measurand are made available.
Regarding claim 7, Tojo, as modified by Eliason, teaches or renders obvious the method according to claim 1 (as described above).
Tojo further teaches that the measurand(s) comprise a turbidity of the medium, a concentration of particles contained in the medium, and/or an absorption coefficient of the medium,
the measurand(s) comprise a refractive index of the medium (paragraph 75), and/or a concentration of a substance contained in the medium and at least jointly responsible for the refractive index of the medium, wherein the volume used in the measurement of this (these) measurand(s) in the imaging path has an outer surface through which the imaging path runs and which is designed at least in portions such that radiation entering the volume of the medium and/or exiting from the volume through the respective outer surface is refracted in a manner dependent on the refractive index,
measured values of at least one measurand designed as a secondary measurand are determined, the changes of which result in corresponding changes of at least one measurand measurable on the basis of the pictures, and/or
measured values of at least one measurand are determined on the basis of the pictures of the pattern that are taken through the volume of the medium and a temperature of the medium measured using a temperature sensor.
Regarding claim 8, Tojo, as modified by Eliason, teaches or renders obvious the method according to claim 7 (as described above).
Tojo further teaches that : the measurand(s) comprise the turbidity of the medium and/or the concentration of particles contained in the medium, and measured values of the turbidity and/or the concentration of the particles contained in the medium are determined on the basis of an image sharpness and/or a contrast of the pictures and/or of the images of the individual pattern elements of the pattern contained in the pictures, and/or on the basis of the size of the areas over which the images of the individual pattern elements of the pattern extend within the pictures,
the measurand(s) comprise the refractive index of the medium and/or the concentration of a substance contained in the medium and at least jointly responsible for the retractive index of the medium, and measured values of the refractive index (paragraph 75) and/or of the concentration of the substance are determined on the basis of a degree of a distortion of the pictures caused by the refractive index (FIG. 7B) and the predetermined shape of the volume (FIG. 6B) and/or at least one characteristic variable of the pictures changing depending on the degree of distortion, and/or
the measurand(s) comprise the absorption coefficient of the medium and measured values of the absorption are determined on the basis of a brightness of the image points of the pictures of the pattern.
Regarding claim 9, Tojo teaches a sensor for measuring one or at least two measurands of a transparent medium, having a pattern (FIG. 1A, light and dark patterns 12a),
a container for receiving the medium (FIG. 1, medicine container 16), wherein the container is transparent at least in portions (FIG. 3A, portions 16b-d) and/or is equipped with at last one transparent window (FIG. 3A, barrel portion 16b), wherein the container includes an interior having a predetermined shape (the choice of which container to use predetermines the shape of the container used),
a camera for generating pictures of the pattern (FIG. 1A, imaging camera 14), wherein the camera and the pattern are arranged in such a way and the sensor is designed in such a way that an imaging path running from the pattern to the camera runs through a volume of the medium inside the container having a predetermined shape that is predetermined by the predetermined shape of the interior of the container (FIG. 1A, liquid medicine 15. Note that liquids, including liquid medicine 15, tend to conform to the shape of their container, as shown, for example, in FIG. 1), and
an evaluation device, which is connected to the camera and which is designed to determine and make available measured values of each measurand (paragraph 75, color, viscosity, refractive index or quantity are given as examples) based on effects of the volume of the medium on the pictures of the pattern, that are characteristic of the respective measurand and dependent on the value of the respective measurand (FIG. 1B, image processor 11. also see paragraphs 15-16).
While Tojo does teach performing measurements on a syringe, which would include a portion fitting the broadest reasonable interpretation of a flow-through cell, that is not the portion that imaging would be performed through, so Tojo does not teach that the container is a flow-through cell or a recess in an immersion probe which is open to the surrounding.
In the same field of endeavor of optical measurements of measurands through flowing media, Eliason does teach that the container is a flow-through cell (paragraph 2) or a recess in an immersion probe which is open to the surrounding. By using a flow-through cell, Eliason is able to flow the sample through the measurement region rather than having it stationary, allowing continuous sampling of a larger sample.
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 measurand measurement sensor of Tojo by taking inspiration from Eliason and adapting the container to serve as a flow-through cell and flowing a sample through that flow-through cell gaining the predictable result of measuring a flowing sample with a reasonable expectation of success.
Regarding claim 10, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 9 (as described above).
Tojo further teaches that the measurand(s) comprise a turbidity of the medium, a concentration of particles contained in the medium, and/or an absorption coefficient of the medium,
the measurand(s) comprise a refractive index of the medium (paragraph 75), and/or a concentration of a substance contained in the medium and at least jointly responsible for the refractive index of the medium, wherein the volume used in the imaging path has at least one outer surface through which the imaging path runs and which is designed at least in portions such that radiation entering the volume of the medium (FIG. 1A, through the back side of medicine container 16) and/or exiting from the volume (FIG. 1A, through the front side of medicine container 16) through the respective outer surface is refracted in a manner dependent on the refractive index (FIG. 7B), and/or
the evaluation device is designed to determine measured values of at least one measurand designed as a secondary measurand, the changes of which result in corresponding changes at least of one measurand measurable on the basis of the pictures, and/or
the sensor comprises a temperature sensor for measuring the temperature of the medium, and the evaluation device is designed to determine measured values of at least one measurand on the basis of the pictures and a temperature of the medium measured with the temperature sensor.
Regarding claim 12, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 11 (see the interpretation above) (as described above).
Tojo further teaches that a transparent window (paragraph 14), a window designed as a planar pane, a window having the shape of a hollow-cylinder segment (FIG. 3A, barrel portion 16b), a window having a prism- shaped region projecting into the container, a domed window, or a window having a window surface facing the interior of the container and curved into the container or out of the container, is inserted into a first container wall of the container facing the camera (FIG. 3A, the closer part of barrel portion 16b) or into the first container wall and into a second container wall of the container facing away from the camera and opposite the first container wall along the imaging path, and the imaging path runs through said window (FIG. 3A, note that barrel portion 16b is in the frame of the picture).
Regarding claim 13, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 9 (as described above).
Tojo further teaches that wherein the container is equipped with two transparent windows (equivalent in function to FIG. 1, the front and back sides of liquid medicine container 16), and the two windows are configured such that:
one of the two windows has a prism-shaped region projecting into the container, and the other window is designed as a pane or has a prism-shaped region protruding into the container, or
both of the two windows are domed, both of the two windows have a window surface which is curved into the container, or both of the two windows have a window surface which faces the interior of the container and is curved out of the container (FIG. 1, the cylindrical inner surface of the central part of medicine container 16 is wider along the imaging axis in the center than closer to the sides, representing a shape that is curved-out in the middle on both the front and back sides).
While Tojo does not explicitly teach that the front and back sides of the liquid medicine container 16 are separated into distinct windows as opposed to the transparent region wrapping around to both sides, Tojo does not rely on light transmission except through the front and back of the liquid medicine container, and the sensor would work identically with a container that separates the windows on the front and back.
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 measurand measurement sensor of Tojo, as modified by Eliason, by separating the front and back sides into separate windows, while predictably not changing the function of the device with reasonable expectation of success.
Regarding claim 14, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 9 (as described above).
Tojo further teaches that the volume having the predetermined shape, overall or at least in portions:
is designed as a cuboid or as a cube, is designed as a cylinder (FIG. 3A, barrel portion 16b is cylindrical), which has the shape of a lens (note the lensing of the pattern visible in FIG. 7B), a bi-convex lens (note the lensing of the pattern visible in FIG. 7B. A cylinder is convex on the front and the back when viewed as shown in FIG. 1A), a plano-convex lens, a concave-convex lens, a convex-concave lens, a plano-concave lens or a bi-concave lens,
is shaped in such a way that a volume width running parallel to the imaging path running through the volume varies at least in portions continuously or in steps in a direction perpendicular to the imaging path (FIG. 1, the cylindrical shape of liquid medicine 15 imposed by medicine container 16 has a thickness in the direction of the optical axis that varies continuously in the horizontal direction perpendicular to the optical axis), and/or
has two or more volume regions of different shape (FIG. 3A, shoulder portion-periphery reference image information 19a, liquid surface-periphery reference image information 19b, bottom portion-periphery image information 19c, and the portion of liquid medicine 15 not included in 19a-c, which all have different shapes), wherein the individual volume regions are arranged in such a way that a different pattern region of the pattern is recorded by the camera through each volume region (FIG. 3A, light and dark patterns 12c, d, f, and g).
Regarding claim 15, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 9 (as described above).
Tojo further teaches a lighting device for illuminating the pattern (paragraph 50, pattern projection unit 12), which lighting device is designed to illuminate a front side of the pattern facing the camera and/or to pass light through the pattern from its rear side remote from the camera (paragraph 50).
Regarding claim 16, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 15 (as described above).
Tojo further teaches that the lighting device comprises two or more radiation sources which can be switched on and off by means of a controller, or radiation sources designed as light-emitting diodes, which emit electromagnetic radiation of different wavelengths, and the evaluation device is designed to determine and make available the measured values of the measurand or at least one of the measurands in each case at two or more different wavelengths, wherein the evaluation device determines the measured values for each of the wavelengths in each case on the basis of those pictures which were taken during an illumination of or passing of light through the pattern with the radiation emitted by one of the radiation sources of the respective wavelength,
the lighting device comprises a broadband radiation source (FIG. 9, step S201. Note that white light is a type of broadband radiation) or a radiation source designed as an incandescent lamp, which is designed to output white light or light in a spectral range of 350 nm to 1200 nm, the camera is designed as a color camera (FIG. 9, step S203 requires detection of the color of the target liquid medicine and target medicine container, which a color camera can achieve), and the evaluation device is designed to determine a color of the medium on the basis of the color of pictures of the pattern generated (paragraph 75) during an illumination of or passing of light through the pattern (FIG. 1A) with the white light and to make available a color measured value of the color (FIG. 9, step S202) and/or to detect and display color changes of the medium on the basis of the color,
the lighting device comprises a radiation source or a radiation source designed as a UV-LED, which radiation source is designed to output ultraviolet light with one or more excitation wavelengths located outside of the visual spectrum, the camera is designed to detect electromagnetic radiation in the visual spectrum, and the evaluation device is designed, on the basis of pictures of the pattern generated during an illumination of or passing of light through the pattern with the ultraviolet light:
to determine whether or not the medium is a fluorescent medium and to make available corresponding information,
to determine and make available intensity measured values of an intensity of a fluorescent light emitted by the medium, and/or
to determine and make available concentration measured values of a concentration of a fluorescent component contained in the medium, and/or
the evaluation device is designed, on the basis of pictures of the pattern which are taken in chronological succession during a stroboscope illumination of or passing of light through the pattern carried out by means of the lighting device, to determine and make available measured values of a flow speed of the medium with which the medium flows through the container, and/or to output an alarm, and/or to output an alarm if the flow speed exceeds or falls below a predetermined limit value,
the lighting device comprises at least one radiation source designed as a broadband light source if the camera is designed as a color camera, as a camera with a color image sensor or as a webcam, and the lighting device comprises at least one electromagnetic radiation source emitting radiation of one or more wavelengths, when the camera is designed as a black-and-white camera or as a camera with a monochromatic image sensor, and/or the lighting device comprises two or more radiation sources, wherein the radiation sources comprise radiation sources arranged in a group, in an array and/or in an illumination ring.
Regarding claim 18, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 9 (as described above).
Tojo further teaches that the pattern (FIG. 1A, light and dark patterns 12a):
has identical pattern elements arranged in a grid or randomly arranged and/or distributed in a planar plane (FIG. 1A, each pair of one light line and one dark line appears identical to each other pair and they are distributed in a planar plane), and/or is designed as a dot pattern, as a line pattern (FIG. 1A, light and dark patterns 12a form a line pattern), as a grating, or as a hole pattern, and/or
is designed as a fixedly installed component or as an exchangeable component of the sensor, and/or
the pattern (FIG. 1A, light and dark patterns 12a):
comprises printed-on, glued-on or applied pattern elements arranged on a support, on an inner side of a container wall of the container facing the camera or on or in a window inserted into the container, or
comprises a support designed as an opaque plate, on the side of which, facing the camera, there is arranged at least one pattern element printed on, glued on or applied, and/or through which there runs at least one recess, which forms one of the pattern elements, or
is designed as an electronically predeterminable pattern (paragraph 50, a liquid crystal display device is a means to produce an electronically predeterminable pattern), wherein the pattern comprises a liquid crystal display for displaying the pattern elements (paragraph 50) or electronically controllable screens (FIG. 6A show light and dark patterns 12h and 12i, two examples of light and dark patterns that can be switched between by controlling the liquid crystal display electronically. Note that a liquid crystal display is a type of screen.), or
comprises a transparent support, on the rear side of which, facing away from the camera, first ends of light guides are fastened, the second ends of which are connected to a light source, wherein the pattern elements comprise light spots generated by light fed by means of the light source into the light guides, or
comprises a support with bores running through the support, wherein a first end of at least one light guide is inserted into the bores, wherein the second ends of the light guide are connected to a light source, and the pattern elements comprise light spots generated by light fed by means of the light source (Q) into the light guide (LF), wherein the light guides (LF) have a light-conducting core and an outer diameter of greater than or equal to 100 µm.
Regarding claim 19, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 9 (as described above).
Tojo further teaches that the camera comprises an image sensor (one of ordinary skill in the art before the effective filing date of the claimed invention would recognize that “an imaging camera that images, as imaged image information” (paragraph 15) would comprise an imaging sensor), an optical system upstream of the image sensor, and/or a focusing device (FIG. 1A, the imaging camera 14 appears to be depicted with an optical system upstream of the image sensor and/or a focusing device (the component directed toward the liquid medicine 15, which, for a typical camera (and Tojo offers no evidence that the camera is atypical in this respect) would contain a focusing lens system and perhaps also an aperture)),
the lighting device is arranged in the vicinity of the camera, and radiation emanating from the lighting device is arranged via a deflection device onto which the rear side of the pattern remote from the camera is directed,
a diffuser is arranged between the lighting device and the pattern,
a collimator is arranged between the lighting device and the volume of the medium, and/or
the camera and the evaluation device are arranged at a distance of greater than or equal to 10 cm or greater than or equal to 1 m from the volume of the medium.
Regarding claim 20, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 9 (as described above).
Tojo further teaches that
a reference volume of a reference medium designed as part of the sensor or introducible into the sensor (FIG. 3A, the air outside of the medicine container 16 between the image sensor and light and dark patterns 12b or the volume of air in medicine container 16),
wherein the reference volume is arranged in the sensor in such a way that the pictures taken with the camera comprise a measurement picture region, which is recorded through the volume of the medium (FIG. 3A, liquid medicine 15), of a pattern region of the pattern (FIG. 3A light and dark patterns 12b, 12d, and 12f) and a reference picture region, which is recorded through the reference volume of the reference medium, of a further pattern region of the pattern (FIG. 3A, light and dark patterns 12b on an outside of the medicine container 16 or pattern 12c, disposed behind the air in medicine container 16).
Regarding claim 21, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 20 (as described above).
Tojo further teaches that the reference volume of the reference medium is arranged next to the volume of the medium in the viewing direction of the camera (FIG. 3A, both the air outside and inside medicine container 16 are next to liquid medicine 15 as seen by the camera),
the reference medium is a solid or a liquid having a known value of the or each measurand,
the reference volume has the shape predetermined for the volume, and/or the container of the sensor:
comprises a first interior for receiving the volume of the predetermined shape of the medium and a second interior adjacent thereto, which is separated from the first interior and is filled or can be filled with the reference volume of the reference medium, or
comprises a cuvette which has a first interior fillable or filled with the medium and is arranged on a base made of the reference medium which is designed as a solid and has the reference volume.
Regarding claim 22, Tojo teaches a method of which a sensor including a camera (FIG. 1, imaging camera 14), a container (FIG. 1, medicine container 16) and a pattern (FIG. 1, light and dark patterns 12a) measuring one or at least two measurands of a transparent medium (paragraph 75, color, viscosity, refractive index or quantity are given as examples), wherein the container includes an interior (FIG. 1, where liquid medicine 15 is located) having a predetermined shape (the choice of which container to use predetermines the shape of the container used), and wherein the container is equipped with at least one or: a transparent window (FIG. 3A, barrel portion 16b) having a prism-shaped region projecting into the container or having a window surface facing the interior of the container and curved into the container or out of the container (FIG. 3A, the closer part of barrel portion 16b), that is inserted into a first container wall of the container facing the camera (FIG. 3A, the closer part of barrel portion 16b) and a transparent window having a prism-shaped region projecting into the container or having a window surface facing the interior of the container and curved into the container or out of the container, that is inserted into a second container wall of the container facing away from the camera and opposite the first container wall along an imaging path running from the pattern to the camera, the method comprising:
with the camera taking pictures (FIG. 3A) of the pattern (FIG. 1, light and dark patterns 12a) through a volume of the medium inside the container (FIG. 1, liquid medicine 15 located in medicine container 16), wherein the volume of the medium has a predetermined shape predetermined by the shape of the interior of the container (liquids, including liquid medicine 15, tend to conform to the shape of their container, as shown, for example, in FIG. 1), and
determining measurand values of each measurand (paragraph 75, color, viscosity, refractive index or quantity are given as examples) based on effects of the volume of the predetermined shape of the medium on the pictures of the pattern, that are characteristic of the respective measurand and dependent on the value of the respective measurand (paragraphs 15-16).
While Tojo does teach performing measurements on a syringe, which would include a portion fitting the broadest reasonable interpretation of a flow-through cell, that is not the portion that imaging would be performed through, so Tojo does not teach that the container is a flow-through cell or a recess in an immersion probe which is open to the surrounding.
In the same field of endeavor of optical measurements of measurands through flowing media, Eliason does teach that the container is a flow-through cell (paragraph 2) or a recess in an immersion probe which is open to the surrounding. By using a flow-through cell, Eliason is able to flow the sample through the measurement region rather than having it stationary, allowing continuous sampling of a larger sample.
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 measurand measurement method of Tojo by taking inspiration from Eliason and adapting the container to serve as a flow-through cell and flowing a sample through that flow-through cell gaining the predictable result of measuring a flowing sample with a reasonable expectation of success.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tojo (US Patent Publication 20120127290) in view of Eliason (US Patent Publication 20180238845) and Pison (US Patent Publication 20130293706).
Regarding claim 17, Tojo, as modified by Eliason, teaches or renders obvious the sensor according to claim 9 (as described above).
While Tojo does teach that the evaluation device is designed to identify images, contained in the pictures (paragraph 16), Tojo does not explicitly teach that the images are of particles and/or bubbles which are contained in the medium and conceal the pattern, and to determine and make available measured values of at least one property of the particles and/or bubbles.
In the same field of endeavor of taking measurements of measurands of transparent media by imaging patterns through those media, Pison does teach that the images are of particles and/or bubbles which are contained in the medium and conceal the pattern (FIG. 4 (c) and (d) show images of the pattern taken through the otherwise transparent medium in which there are particles partially obscuring the pattern), and to determine and make available measured values of at least one property of the particles (FIG. 5 makes available whether the particles are dissolved (no particles detected), are small, are not small, are producing turbidity in the liquid, or are blocking the pattern entirely) and/or bubbles. By taking pictures of the pattern through the transparent medium and checking for blockage by particles, Pison is able to determine the degree of dissolution of the particles in the medium.
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 sensor of Tojo for measuring properties transparent media with the particle detection and measurement of Pison in order to also determine whether there are solid particles in the medium under test and determine the extent of whether they are dissolved in the solution.
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 PAUL D SCHNASE whose telephone number is (703)756-1691. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM ET.
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/PAUL SCHNASE/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877