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 .
Response to Amendment
The Amendment filed 15 September 2025 has been entered. Claims 1-3, 5 and 7-9 remain pending in the application. Applicant’s amendments to Claims 1, 8 and 9 have overcome each and every objection, U.S.C. 112 rejections and U.S.C. 102 rejections previously set forth in the Non-Final Office Action mailed on 13 June 2025. However, Applicant’s amendments to Claims 1, 8 and 9 do not overcome the U.S.C. 103 rejections.
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 5 and 7-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 1 is objected to because of the following informalities: On line 12, “measuring light or reference list is blocked” should be corrected to say – the measuring light or the reference light is blocked--.
Appropriate correction is required.
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 of this title, 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.
Claims 1, 5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Sabry et al. (US20230014558A1), hereinafter Sabry, in view of Haase et al. (US 20190154505 A1), hereinafter Haase.
As to claim 1, Sabry teaches an optical measuring system for determining a measured variable in a medium (claim 1; [0115]; gas analyzer comprising light interaction with the sample within the gas cell in a measurement mode, wherein the measurement mode comprises identifying a gas sample under test by measuring the sample spectrum) comprising
a light source for emitting light (claim 1; [0141]; fig. 30A-B; light source 3012)
a container with the medium (claim 1; [0141]; the sample within the gas cell 3002), wherein the light source:
radiates measuring light into the container with the medium on a first light path (claim 1; [0142]; the sample path through the gas cell 3002), wherein the measuring light is converted by the medium into reception light as a function of the measured variable ([0140]; output light 3018 from the gas cell 3002 may be directed towards the spectral sensor 3014 via an output optical coupling element 3010 (e.g., an off-axis parabolic mirror) to obtain a sample spectrum of the sample);
and radiates reference light past the container with medium on a second light path ([0141]; the reference light path comprises the reference light 3028 reflected towards the spectral sensor 3014 to obtain a reference spectrum without the sample);
splitting the light from the light source into the first light path and the second light path ([0076]; The control circuitry 316 may control the self-calibration component 314 to switch between a measurement mode in which the spectrum 324 of the sample within the gas cell is obtained and a calibration mode in which a reference spectrum (without the sample) is obtained. Thus, the light is split from the light source into the first light path and the second light path);
a light selector (fig. 3; the control circuitry 316) which switches light between the first light path and the second light path as the measuring light or the reference light so that the measuring light or the reference light is blocked ([0076]; fig. 3; In an example operation, the control circuitry 316 can be configured to control the spectrometer 308 and the light source(s) 304 to initiate a measurement of a sample. For example, the control circuitry 316 can control the light source(s) 304 to generate and direct the incident light 318 to the gas cell 302 (or to the spectrometer 308). The control circuitry 316 may control the self-calibration component 314 to switch between a measurement mode in which the spectrum 324 of the sample within the gas cell is obtained and a calibration mode in which a reference spectrum (without the sample) is obtained. Thus, measuring light or reference light is blocked);
a diffusion disk arranged between the container with the medium and a receiver ([0143]; the transmission diffuser 3044 is between the gas cell 3002 and the spectral sensor 3014);
wherein the diffusion disk is configured and arranged such that the reception light impinges on the receiver through the diffusion disk after exiting the container with the medium (fig. 30B; [0143]; The output light 3018 of the sample path (comprising the gas cell 3002) are focused onto the transmission diffuser 3044. The output from the transmission diffuser 3044 may be directed towards the spectral sensor 3014, i.e. the receiver, and thus the output light impinges on the spectral sensor through the transmission diffuser);
wherein the diffusion disk is configured and arranged such that the reference light impinges on the receiver through the diffusion disk ([0143]; The reference light 3040 may be coupled to a transmission diffuser 3044 via a coupling mirror 3042, where the reference light 3040 of the reference path and the output light 3018 of the sample path are focused onto the transmission diffuser 3044. The output from the transmission diffuser 3044 may be directed towards the spectral sensor 3014, i.e. the receiver, and thus the reference light impinges on the spectral sensor through the transmission diffuser);
the receiver that receives the reception light and the reference light (fig. 30A-B; [0143]; the spectral sensor 3014 receives the output light 3018 of the sample path and the reference light 3040);
and a data processing unit which is connected to the light source and the receiver and determines the measured variable from the reception light and the reference light (claim 1; [0076]; The control circuitry 316 (i.e. the data processing unit) can be configured to control the spectrometer and the light source(s) to initiate a measurement of a sample. The control circuitry 316 may be configured to power on/off the light source and spectral sensor (i.e. the receiver) and to provide other control signals to the light source and the spectral sensor).
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Sabry Fig. 3
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Sabry Fig. 30A-B
Although Sabry does teach that the control circuitry (fig. 3) may include “analog circuitry, digital circuitry, and/or any device that manipulates signals (analog and/or digital)” ([0069]) that can include a beam splitter, Sabry does not explicitly disclose a beam splitter splitting the light from the light source into the first light path and the second light path.
Haase, in the same field of endeavor as the claimed invention, teaches a beam splitter splitting the light from the light source into the first light path and the second light path (Haase [0072]; A beam splitter may be arrange downstream of the light source 2 to switch between the reference path RE and the measuring path ME).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sabry to incorporate the teachings of Haase to include a beam splitter splitting the light from the light source into the first light path and the second light path; for the advantage of more flexibility in design and maximizing power (Sabry [0137]).
As to claim 5, Sabry teaches the measuring system according to claim 1, wherein the reception light and the reference light form an overlap surface on the diffusion disk (fig. 30A-B; the reference light 3040 of the reference path and the output light 3018 of the sample path are focused onto the transmission diffuser 3044, forming an overlap surface).
As to claim 7, Sabry teaches the measuring system according to claim 1, wherein the receiver is configured as a spectrometer ([0140]; the spectral sensor 3014 can be a spectrometer).
As to claim 8, Sabry teaches the measuring system according to claim 1, comprising an optical waveguide ([0063]; fibers 114), wherein the light source couples reference light on the second light path into the optical waveguide, the optical waveguide runs past the container with the medium, and couples reference light from the optical waveguide onto the diffusion disk (fig. 1; [0063]; the MEMS interferometer 100 a may include fibers 114 for directing the input beam towards the beam splitter 110 and the output beam from the beam splitter 110 towards the detector (e.g., detector 112)).
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Sabry Fig. 1
As to claim 9, Sabry teaches the measuring system according to claim 1, comprising one or more mirrors ([0143]; coupling mirror 3042); wherein the light source guides reference light on the second light path via the at least one mirror past the container with the medium and onto the diffusion disk ([0143]; The reference light 3040 may be coupled to a transmission diffuser 3044 via a coupling mirror 3042).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sabry in view of Haas, further in view of Knupfer et al. (US8605146B2), hereinafter Knupfer, further in view of Shinbori et al. (US6618141B2), hereinafter Shinbori.
As to claim 2, Sabry in view of Haas does not explicitly disclose wherein the diffusion disk is configured as a volume diffusion disk; the volume diffusion disk is in particular manufactured from opal glass, quartz glass or frosted flashed glass.
Knupfer, in the same field of endeavor as the claimed invention, teaches wherein the diffusion disk is configured as a volume diffusion disk; the volume diffusion disk is in particular manufactured from glass (Knupfer col. 6 lines 27-38; the diffusing screen is a translucent but non-transparent (which means it can be frosted flashed glass) and preferably diffusely scattering ground glass, which is a full-volume PTFE material).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sabry in view of Haas to incorporate the teachings of Knupfer to include wherein the diffusion disk is configured as a volume diffusion disk; the volume diffusion disk is in particular manufactured from opal glass, quartz glass or frosted flashed glass, for the advantage of the generation of light-dark patterns, enhancing diffuser control (Knupfer col. 6 lines 27-38).
However, Sabry in view of Haase and Knupfer does not explicitly disclose the diffusion disk is in particular manufactured from opal glass, quartz glass or frosted flashed glass.
Shinbori, in the same field of endeavor as the claimed invention, teaches the diffusion disk is in particular manufactured from opal glass, quartz glass or frosted flashed glass (Shinbori col. 9 lines 59-66; the diffuser 38 consists of frosted quartz glass).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sabry in view of Haas and Knupfer to incorporate the teachings of Shinbori to include the diffusion disk is in particular manufactured from opal glass, quartz glass or frosted flashed glass, for the advantage of high uniformity (Shinbori col. 9 lines 59-66).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sabry in view of Haas, further in view of Ingram (US20110108741A1).
As to claim 3, Sabry in view of Haas does not explicitly disclose wherein the diffusion disk is configured as a surface diffusion disk.
Ingram, in the same field of endeavor as the claimed invention, teaches wherein the diffusion disk is configured as a surface diffusion disk (Ingram [0019]-[0020]; a diffuse reflective surface or a diffuse transmissive surface can be used in a system).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sabry in view of Haas to incorporate the teachings of Ingram to include wherein the diffusion disk is configured as a surface diffusion disk, for the advantage of higher transmission efficiency via eliminating the detector's sensitivity to an incident angle of incoming light (Ingram [0010]).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEMAYA NGUYEN whose telephone number is (571)272-9078. The examiner can normally be reached Mon - Fri 8:30 am - 5:00pm ET.
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877
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