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 27 August 2025 has been entered. Claims 1, 2 and 6-21 remain pending in the application. Applicant’s amendments to Claims 1, 2 and 6-21 do not overcome the objections nor the U.S.C. 103 rejections.
Response to Arguments
Applicant’s arguments, see Remarks, filed 27 August 2025, with respect to the U.S.C. 102 and 103 rejection of claims 1, 2 and 6-21, have been fully considered and are not persuasive.
Applicant Remarks
Applicant remarks that Asao in view of Gross does not teach “a device for avoiding optical crosstalk between the optical channels is arranged between the light source and the filter array”. Examiner states this is taught and refers to the notch filter shutting off specific light wavelengths. This, however, does not avoid any crosstalk between the channels. Crosstalk is completely independent of any light wavelengths. It means that an electrical or optical signal propagating in one channel also partly enters neighboring channels. Such a crosstalk is avoided in the present application by arranging a device 8 for preventing optical crosstalk between the light source 1 and the filter array 4 (fig. 5; page 18 ln. 27-page 19 ln. 8).
Asao teaches photoacoustic tomography in the medical field and shows in the embodiment of fig. 7 an arrangement according to former claim 1. Asao also teaches an imaging system in which an optical imaging system 14 is located between the light source 11 and the object 15 (Asao fig. 1). Therefore, the skilled person would not arrange any device to prevent optical crosstalk between the optical channels between the light source and the filter array, since this would lead to scattering and diffraction in the structure of Asao due to the associated aperture effect, which would destroy the collimated radiation required for imaging in Asao.
Gross teaches an implantable optical glucose sensor in the medical field and also refers to applications outside the body for other substances. Gross does not disclose “a combination of an array of separately controllable light emitters forming a wide band light source with a filter array of spectral filters”. Examiner states Gross para. [0377] which teaches an array of monochromatic LEDs which cannot form a wide band light source by does only emit several single spectral lines. A combination of these monochromatic LEDs with spectral filters is also not disclosed in Gross and would not make any sense since the monochromatic LEDs already emit the desired wavelengths.
Examiner Responses
Examiner respectfully disagrees. Crosstalk is a phenomenon by which a signal transmitted on one circuit or channel creates an undesired effect in another circuit or channel, i.e. a type of interference (Wikipedia). A person having ordinary skill in the art would know that using a notch filter to block specific, unwanted light wavelengths is a primary method for preventing or significantly reducing spectral crosstalk, or interference, in optical systems. This is supported in sources such as YIC International Co. Limited (“A Comprehensive Guide to Bandstop Filters”), ScienceDirect (Cheveigne et al. “Filters: When, Why, and How (Not) to Use Them”, 2019), Evaporated Coatings Inc. (“What is an Optical Notch Filter and What Do They Do?”), etc.
Examiner respectfully disagrees. A person having ordinary skill in the art would arrange a device to prevent optical crosstalk between the light source and the filter array, since Asao teaches this very feature with notch filters. Applicant may wish to amend the claim to specify the type of element that is used to prevent optical crosstalk. However, please note, recitation of the intended use of the claimed invention (i.e. “preventing optical crosstalk”) must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Examiner respectfully points out that Gross is used to simply teach the capability of the light source comprising an array of light emitters. As Applicant states, Gross teaches the monochromatic LEDs which already emit the desired wavelengths. This is used as the motivation to combine the teachings of Asao with the teachings of Gross, specifically an array of light emitters.
Claim Objections
Claims 11 and 15 are objected to because of the following informalities: On line 2, “an assembly” should be corrected to say –the assembly--. The antecedent basis is set forth in the independent claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
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Asao Fig. 3
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Asao Fig. 7
Claims 1, 6, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asao (US8991261B2).
As to claim 1, Asao teaches an assembly for multispectral light emission (fig. 7; col. 11 lines 48-59; reflection-type device 101 reflects the light from the light source and guides it to the micro color filter 102) comprising at least
- a wide-band light source (fig. 3; col. 9 lines 29-32; xenon flash lamp 21) that emits light in a spectral range (fig. 3; col. 9 lines 29-32; the light flux emitted and converted into light rays 23),
- a filter array (fig. 7; col. 11 lines 48-59; the micro color filter 102) made up of a plurality of spectral filters having a spectral width which lies at least in part within the spectral range of the light source (col. 6 lines 39-44; The micro color filter is used for the liquid crystal display, which uses a plurality of light filters in which the spectrum of the light radiated is controlled. The spectral width has to lie at least in part within the spectral range of the light source in order to transmit light),
and - an optical switch device for controlling a passage of the light emitted by the light source through the filter array (fig. 7; col. 11 lines 55-59; a reflection-type device 101 reflects the light from the light source and guides it to the micro color filter 102), which are arranged such that the light emitted by the light source is guided via the optical switch device and the filter array to an outlet of the assembly (fig. 7; col. 6 lines 51-56; the light passes through the reflection-type device 101 and the micro color filter 102, exiting the assembly and radiating on the organism, not pictured),
- wherein the optical switch device comprises an array of micromirrors or micro- diaphragms (col. 11 line 60- col 12 line 2; the reflection-type device 101 is a digital mirror device (DMD) comprising a multiplicity of micro mirrors arranged in matrix on the surface) and is designed and arranged in such a way that it can selectively guide the light emitted by the light source only through one or more arbitrarily specifiable spectral filters of the filter array to the outlet of the assembly (col. 11 line 63- col 12 line 2; each micro mirror has an on-off operation and can be controlled individually and independently),
- wherein each combination of one or more elements of the optical switch device (fig. 7; col. 6 lines 51-56; The light passes through the reflection-type device 101. Thus, the elements of the reflection-type device 101 are light emitters) and an associated spectral filter of the filter array (claim 3; Each light filter is a notch filter, which is known in the art as a type of spectral filter, and that shuts off the light in a respective one of wavelength peaks of said xenon flash lamp. Thus, the notch filters have to be arranged directly above the one or more light emitters of the xenon flash lamp) represents an optical channel and a device for preventing optical crosstalk between the optical channels is arranged between the light source and the filter array (claim 3; the notch filter and the xenon flash lamp acts as the optical channel and device for inherently avoiding optical crosstalk via shutting off specific light wavelengths).
As to claim 6, Asao teaches the assembly according to claim 1, characterized in that the individual spectral filters of the filter array have small lateral dimensions of ≤10 x 10 mm (fig. 7; col. 11 lines 48-59; the micro color filter 102 with the plurality of light filters are smaller than 10 x 10 mm, in the order of microns µm according to the name “micro” color filter).
As to claim 8, Asao teaches the assembly according to one of claim 1, characterized in that the spectral filters are arranged in rows and columns in the filter array (col. 11 line 60- col 12 line 2; the multiplicity of micro mirrors is arranged in matrix which inherently has rows and columns).
As to claim 9, Asao teaches the assembly according to claim 1, characterized in that when the optical switch device is designed as an array of micromirrors, the filters of the filter array (4) are applied directly to the micromirrors (col. 11 line 60- col 12 line 2; the reflection-type device 101 is a digital mirror device (DMD) comprising a multiplicity of micro mirrors arranged in matrix on the surface).
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 2, 10 and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Asao in view of Gross et al. (US20120059232A1), hereinafter Gross.
As to claim 2, Asao teaches assembly for multispectral light emission (fig. 7; col. 11 lines 48-59; reflection-type device 101 reflects the light from the light source and guides it to the micro color filter 102) comprising at least
- a wide-band light source (fig. 3; col. 9 lines 29-32; xenon flash lamp 21) that emits light in a spectral range (fig. 3; col. 9 lines 29-32; the light flux emitted and converted into light rays 23),
- a filter array (fig. 7; col. 11 lines 48-59; the micro color filter 102) of multiple spectral filters having a spectral width that is at least partially within the spectral range of the light source (col. 6 lines 39-44; The micro color filter is used for the liquid crystal display, which uses a plurality of light filters in which the spectrum of the light radiated is controlled. The spectral width has to lie at least in part within the spectral range of the light source in order to transmit light),
and - a switch device for controlling passage of the light emitted by the light source through the filter array (fig. 7; col. 11 lines 55-59; a reflection-type device 101 reflects the light from the light source and guides it to the micro color filter 102),
- wherein an array of light emitters controllable separately via the switch device and is designed and arranged in such a way that by activating the light emitters via the switch device, the light emitted by the light source can be guided in a targeted manner only through one or more arbitrarily specifiable spectral filters of the filter array (col. 11 line 60- col 12 line 2; The reflection-type device 101 is a digital mirror device (DMD) comprising a multiplicity of micro mirrors arranged in matrix on the surface. Each micro mirror has an on-off operation and can be controlled individually and independently. Thus, the light emitted from each micro mirror is controllable separately),
wherein the filter array (4) is arranged directly above the array of light emitters (claim 3; Each light filter is a notch filter, which is known in the art as a type of spectral filter, and that shuts off the light in a respective one of wavelength peaks of said xenon flash lamp. Thus, the notch filters have to be arranged directly above the one or more light emitters of the xenon flash lamp),
and wherein each combination of one or more light emitters with a spectral filter of the filter array arranged directly above (claim 3; Each light filter is a notch filter, which is known in the art as a type of spectral filter, and that shuts off the light in a respective one of wavelength peaks of said xenon flash lamp. Thus, the notch filters have to be arranged directly above the one or more light emitters of the xenon flash lamp) represents an optical channel and a device for avoiding optical crosstalk is arranged between the array of light emitters that can be controlled separately via the switch device and the filter array (claim 3; the notch filter and the xenon flash lamp acts as the optical channel and device for inherently avoiding optical crosstalk via shutting off specific light wavelengths).
However, Asao does not explicitly disclose wherein the light source comprises an array of light emitters; and the light emitter is the array of light emitters that can be activated separately via the switch device.
Gross, in the same field of endeavor as the claimed invention, teaches wherein the light source comprises an array of light emitters ([0377]; array of LEDs);
and the light emitter is the array of light emitters that can be activated separately via the switch device ([0377]; the array of LEDs are actuated in succession, thus, they are activated separately from one another).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Asao to incorporate the teachings of Gross to include wherein the light source comprises an array of light emitters; and the light emitter is the array of light emitters that can be activated separately via the switch device; for the advantage of transmitting specific wavelengths (Gross [0377]).
As to claim 10, Asao does not explicitly disclose the assembly, characterized in that the spectral filters in the filter array are combined with polarization filters.
Gross, in the same field of endeavor as the claimed invention, teaches the assembly, characterized in that the spectral filters in the filter array are combined with polarization filters (Gross [0377]; the filters 52 and 54 comprise polarizing filters).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Asao to incorporate the teachings of Gross to include the assembly, characterized in that the spectral filters in the filter array are combined with polarization filters; for the advantage of enhancing the measurement system in order to measure the concentration of the analyte via polarization of light (Gross [0106]).
As to claims 11 and 15, Asao teaches a multispectral sensor (abstract; col. 2 lines 62-65; The xenon flash lamp has a multiplicity of bright-line spectra (wavelength peaks), and the detector detects an acoustic wave generated by the radiation for each wavelength. Thus, the detector is a multispectral sensor) comprising - the assembly (see prior art rejections for claims 1 and 2).
However, Asao does not explicitly disclose - a measuring chamber into which light emerging from the assembly is coupled, and - one or more detectors by means of which a result of an interaction of the light coupled into the measuring chamber and a medium introduced into the measuring chamber can be detected.
Gross, in the same field of endeavor as the claimed invention, teaches - a measuring chamber (Gross [0103]; the sampling region, e.g. a chamber) into which light emerging from the assembly is coupled (Gross [0103]; the optical measuring device measures a parameter of the fluid in the chamber; thus, the light is coupled to the chamber),
and - one or more detectors by means of which a result of an interaction of the light coupled into the measuring chamber and a medium introduced into the measuring chamber can be detected (Gross [0103]; The optical measuring device measures a parameter of the fluid in the chamber. Thus, the interaction of the light is coupled into the chamber. The detector is described by Gross as the optical measuring device. The medium is described by Gross as the fluid from a subject).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Asao to incorporate the teachings of Gross to include- a measuring chamber into which light emerging from the assembly is coupled, and - one or more detectors by means of which a result of an interaction of the light coupled into the measuring chamber and a medium introduced into the measuring chamber can be detected; for the advantage of a passive measurement system (Gross [0103]).
As to claims 12 and 16, Asao does not explicitly disclose the multispectral sensor, characterized in that an inlet window of the measuring chamber is formed by a carrier substrate of the filter array of the assembly.
Gross, in the same field of endeavor as the claimed invention, teaches the multispectral sensor, characterized in that an inlet window of the measuring chamber is formed by a carrier substrate of the filter array of the assembly ([0103]-[0104]; The support, e.g. a scaffold which is a carrier substrate because it is temporary, provides the sampling region, i.e. the chamber. The support comprises and/or is coupled to an optically-transparent and glucose-permeable material, i.e. an inlet window).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Asao to incorporate the teachings of Gross to include the multispectral sensor, characterized in that an inlet window of the measuring chamber is formed by a carrier substrate of the filter array of the assembly; for the advantage of safe implantation within the subject (Gross [0172], [0174]).
As to claims 13 and 17, Asao teaches the multispectral sensor, which is designed as a photo-acoustic sensor, in particular as a photo-acoustic gas sensor (abstract; col. 9 lines 3-8; The acoustic wave measuring apparatus uses photoacoustic tomography. Col. 14 lines 26-29; The apparatus can be used for detection of gas).
As to claims 14 and 18, Asao teaches the multispectral sensor according to Claim 11, which is designed as an absorption sensor or as a combined absorption and photo acoustic sensor (abstract; col. 9 lines 3-8; The acoustic wave measuring apparatus uses photoacoustic tomography and calculates an optical absorption coefficient of the subject for the light in each wavelength area based on a pressure of the acoustic wave detected).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Asao in view of Ernst et al. (US20140132947A1), hereinafter Ernst.
As to claim 7, Asao does not explicitly disclose the assembly, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array.
Ernst, in the same field of endeavor as the claimed invention, teaches the assembly, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array (Ernst claim 6; the filter structure can comprise a grid or structure elements with dimensions in the sub-wavelength range).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Asao to incorporate the teachings of Ernst to include the assembly, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array; for the advantage of quick and reliable measurements (Ernst [0030]).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Asao in view of Gross, further in view of Ernst.
As to claims 19 and 20, Asao in view of Gross does not explicitly disclose the multispectral sensor, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array.
Ernst, in the same field of endeavor as the claimed invention, teaches the multispectral sensor, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array (Ernst claim 6; the filter structure can comprise a grid or structure elements with dimensions in the sub-wavelength range).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Asao in view of Gross to incorporate the teachings of Ernst to include the multispectral sensor, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array; for the advantage of quick and reliable measurements (Ernst [0030]).
As to claim 21, Asao in view of Gross does not explicitly disclose the assembly, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array.
Ernst, in the same field of endeavor as the claimed invention, teaches the assembly, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array (Ernst claim 6; the filter structure can comprise a grid or structure elements with dimensions in the sub-wavelength range).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Asao in view of Gross to incorporate the teachings of Ernst to include the assembly, characterized in that the filter array is a filter array based on sub-wavelength structures or a plasmonic filter array; for the advantage of quick and reliable measurements (Ernst [0030]).
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