DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/30/2026 has been entered.
Response to Arguments
Claim Objections
The existing objections to the claims are overcome by amendment.
Rejection under 35 U.S.C. § 112
The existing rejection under 35 U.S.C. § 112 is moot due to the cancelation of claim 22.
Prior Art Rejections
Applicant’s argument is that Tojo clearly fails to teach the quoted portions. This argument is partially moot, in that Tojo is not relied on to teach that the container is a recess in an immersion probe, and partially unpersuasive, in that Tojo teaches the remainder of the quoted claim limitations. See the prior art rejections hereinbelow.
As claim 1 is not allowed, similar arguments do not render independent claim 9 allowable, nor are the dependent claims automatically allowable.
Claim Objections
Claims 7 and 10 are objected to because of the following informalities:
Claims 7 and 10 are each missing portions of the claim text from the previous version of each respective claim. Typical practice is to strike out the portion of the claim to be removed in the filing that removes that portion, only excluding the deleted text outright in later filings.
Claim 7 includes an extra comma at the end of line 5. Note that this is the site of one of the unmarked deletions from claim 7.
Claim 10 has a status indicator of “Original”, which is incorrect in view of the current amendment removing certain limitations from the claim. “Previously Presented” or “Currently Amended” may be appropriate in future filings, depending on whether the claim is further amended therein.
Appropriate correction is required.
Note that claims 11-22 have been canceled, but are not listed after claim 10, even in a single entry (e.g., “11-22. (Canceled)”). If a future filing adds new claims, the new claims should be assigned numbers starting with 23.
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.
Claims 1-10 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.
Claims 1 and 9 recite the limitation "the surroundings" in claim 1 and “the surrounding” in claim 9. There is insufficient antecedent basis for this limitation in the claims. The term is interpreted as referring to a region surrounding the immersion probe.
Claims 2-8 and 10 recite the limitation "on the basis of". There is insufficient antecedent basis for this limitation in the claims. The term is interpreted as meaning “based on” and not as requiring the same basis from one use of the phrase to another.
Claims 2-8 and 10 are indefinite for depending on at least one indefinite claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tojo (US Patent Publication 20120127290) in view of Bernhard (US patent publication 20120140228).
Regarding claim 1, Tojo teaches a method of measuring at least one measurand of a transparent medium (paragraph 75, color, viscosity, refractive index or quantity are given as examples), wherein the at least one measurand includes a refractive index of the medium (paragraph 75, refractive index is given as one of the examples), the method comprising:
providing 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), wherein the container is transparent at least in portions and/or is equipped with at least 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);
taking pictures of the pattern, using the camera, 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 dependent on the predetermined 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), wherein the shape is predetermined such that radiation entering the volume and/or exiting the volume through the respective outer surface is refracted (FIG. 7B shows the effects of the refraction);
producing at least one reference picture of the pattern taken through the volume of the predetermined shape of a reference medium having a known value of the measurand (paragraph 76, reference image information obtained by imaging a reference medicine);
based on the at least one reference picture and the corresponding known value of the measurand, determining a quantitative relationship between values of the refractive index and corresponding degrees of distortion of the pictures caused by the refractive index (FIG. 7B shows comparisons between small, standard, and large refractive indices, as explained in paragraph 110); and
determining measured values of each of the at least one measurand based on effects of the volume of the predetermined shape of the medium on the pictures of the pattern that are characteristic of the measurand and dependent on the value of the measurand (FIG. 7B shows comparisons between small, standard, and large refractive indices, as explained in paragraph 110 in the case that the measurand is refractive index), including:
determining the degree of distortion of the pictures caused by the refractive index (FIG. 7B shows comparisons between small, standard, and large refractive indices, as explained in paragraph 110); and
determining the measured values of the refractive index based on the degrees of distortion and the quantitative relationship (FIG. 7B shows comparisons between small, standard, and large refractive indices, as explained in paragraph 110).
The system Tojo uses has a geometry designed to determine values of measurands primarily of liquids in bottles, so Tojo does not explicitly teach that the container is a recess in an immersion probe which is open to the surroundings.
In the same field of endeavor of immersion probes to measure optical properties of liquids, Bernhard does teach that the container is a recess in an immersion probe which is open to the surroundings (paragraph 73, which describes the system as a measuring probe that is immersed in the medium. Also see FIG. 1 or FIG. 3, which show embodiments of the system, which has imaging sensors (detectors 19, described in paragraph 96 as CCD chips, a type of imaging sensor) onto which a pattern is imaged (the pattern from apertures 17 is imaged onto the CCD chip) through the medium in measuring chamber 1). By using an immersion probe, Bernhard is able to produce images indicative of the optical properties of a liquid (paragraph 1, which uses absorption coefficient as a measurand).
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 measurement method of Tojo with the immersion probe geometry of Bernhard to determine measurands of a liquid in the recess of the immersion probe, rather than merely in a small bottle, with predictable results and a reasonable expectation of success.
Regarding claim 2, Tojo, as modified by Bernhard, teaches or renders obvious the method according to claim 1 (as described above).
Tojo further teaches that the effects characteristic of the respective measurand are quantitatively detected using the picture and the 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 comprises at least one of an experimentally generated reference picture and a 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) using pattern recognition (FIG. 4, step S105A, S106A, or S108, pattern matching techniques) and/or a 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 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 Bernhard, teaches or renders obvious the method according to claim 1 (as described above).
Tojo further teaches that the measured values are determined using 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 on the basis 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 Bernhard, 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 Bernhard, 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 by means of the evaluation device (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).
Likewise, Bernhard also 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 shows a measuring chamber 1 with entrance and exit surfaces angled relative to one another, while FIG. 3 shows a curved entrance surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have adopted the varying volume widths like those of Bernhard when combining the teachings of Tojo and Bernhard, predictably achieving the same result as the varying volume widths achieve in Tojo, which convert differences in refractive index of the medium under test into degrees of distortion (see FIG. 7B of Tojo).
Regarding claim 6, Tojo, as modified by Bernhard, 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 (FIG. 3B), which in each case correspond to an image, taken with the camera through one of the volume regions, 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 Bernhard, 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 (paragraph 75 lists color as one of the properties of liquid medicine 15 which can be measured (also see paragraph 78). Transmitting light through a liquid and measuring the color of the transmitted light is a measure of absorption coefficient),
the measurand(s) comprise a concentration of a substance contained in the medium and at least jointly responsible for the refractive index of the medium, ,
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.
Likewise, Bernhard uses absorption coefficient as a measurand (paragraph 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included absorption coefficient as a measurand to be determined in the measurement method of Tojo, as modified by Bernhard.
Regarding claim 8, Tojo, as modified by Bernhard, 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 (paragraph 75, color, viscosity, refractive index or quantity are given as examples), the measurand(s) including a refractive index of the medium (paragraph 75, refractive index is given as one of the examples), and the sensor having a pattern (FIG. 1, 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 and/or is equipped with at least 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) such that radiation entering the volume and/or exiting the volume through the respective outer surface is refracted (FIG. 7B shows the effects of the refraction), 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 d (FIG. 1B, image processor 11. also see paragraphs 15-16);
wherein the evaluation device is configured to determine measured values of the refractive index by:
determining a degree of distortion of the pictures caused by the refractive index; and determining the measured values of the refractive index based on the degrees of distortion and a quantitative relationship between the values of the refractive index and corresponding degrees of distortion of the pictures caused by the refractive index (FIG. 7B shows comparisons between small, standard, and large refractive indices, as explained in paragraph 110 in the case that the measurand is refractive index);
wherein the quantitative relationship is determined based on at least one reference picture of the pattern taken through the volume of the predetermined shape of reference medium having a known value of the measurand (paragraph 76, reference image information obtained by imaging a reference medicine).
In the same field of endeavor of immersion probes to measure optical properties of liquids, Bernhard does teach that the container is a recess in an immersion probe which is open to the surrounding (paragraph 73, which describes the system as a measuring probe that is immersed in the medium. Also see FIG. 1 or FIG. 3, which show embodiments of the system, which has imaging sensors (detectors 19, described in paragraph 96 as CCD chips, a type of imaging sensor) onto which a pattern is imaged (the pattern from apertures 17 is imaged onto the CCD chip) through the medium in measuring chamber 1). By using an immersion probe, Bernhard is able to produce images indicative of the optical properties of a liquid (paragraph 1, which uses absorption coefficient as a measurand).
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 with the immersion probe geometry of Bernhard to determine measurands of a liquid in the recess of the immersion probe, rather than merely in a small bottle, with predictable results and a reasonable expectation of success.
Regarding claim 10, Tojo, as modified by Bernhard, 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 (paragraph 75 lists color as one of the properties of liquid medicine 15 which can be measured (also see paragraph 78). Transmitting light through a liquid and measuring the color of the transmitted light is a measure of absorption coefficient),
the measurand(s) comprise a concentration of a substance contained in the medium and at least jointly responsible for the refractive index of the medium, 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.
Likewise, Bernhard uses absorption coefficient as a measurand (paragraph 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included absorption coefficient as a measurand to be determined in the sensor of Tojo, as modified by Bernhard.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL SCHNASE/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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