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 .
Claim Objections
Claims are objected to because of the following informalities:
Claim 1: First instance of “the number of photons” should be corrected to say –a number of photons—because it lacks antecedent basis.
Claim 5: “a sample” should be corrected to say –the sample—because antecedent basis is set forth in claim 1.
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.
PNG
media_image1.png
731
551
media_image1.png
Greyscale
Takura Fig. 7
PNG
media_image2.png
852
940
media_image2.png
Greyscale
Heidmann Fig. 1
Claims 1-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Takura et al. (JP2014134527A), hereinafter Takura, in view of Heidmann (US9482612B2) and Tanaka et al. (JP2002071449A), hereinafter Tanaka.
As to claim 1, Takura teaches a photoreaction evaluation apparatus that evaluates a photoreaction of a sample arranged at a sample position (Takura [0005]; fig. 7; the calibration coefficient calculation system 100 for calibrating mechanical differences between LED measurement devices: the reference LED measurement device and the to-be-calibrated correction target LED measurement device, with spectrometers 104 and 14, respectively, positioned as shown in fig. 7A), the photoreaction evaluation apparatus comprising:
an irradiation light source arranged to irradiate the sample position with light as irradiation light and provided as being replaceable with a standard light source that generates white light (Takura [0005]; fig. 7; input light source 101 is a halogen lamp that emits white light, which is introduced into the spectrometers 104 and 14 positioned as shown in fig. 7A);
a spectrophotometer including a measurement light source and a detector (Takura [0005]; fig. 7; the reference spectrometer 104 and the correction target spectrometer 14 implicitly each includes a measurement light source and a detector), the detector being arranged to detect an intensity distribution of light from the sample position (Takura [0006]; fig. 7; The spectrum is separated by spectrometers 104 and 14, and the spectrum is an electrical signal according to the intensity of the irradiated light 102G, 105G. The reference spectrometer 104 detects the intensity distribution from its position as shown in fig. 7A. The correction target spectrometer 14 detects the intensity distribution from its position as shown in fig. 7A);
an intensity distribution obtaining unit (Takura [0006]; fig. 7; the monitor 106)
that obtains as a first detected intensity distribution, an intensity distribution of light detected by the detector while the sample position where no sample is present is irradiated with light by the standard light source (Takura [0006]; fig. 7; The monitor 106 obtains the spectrum from the reference spectrometer 104 which outputs the first detected intensity distribution 102G while the reference LED measuring device (at the sample position where no sample is present, i.e. the position of the reference LED measuring device) is irradiated with light by the input light source, halogen lamp 101) and the sample position is not irradiated with light by the measurement light source (Takura fig. 7; the LED measuring devices are not irradiated with light from the reference spectrometers 104, 14)
and obtains as a second detected intensity distribution, an intensity distribution of light detected by the detector during a first measurement operation while the sample position where no sample is present is irradiated with light as irradiation light by the irradiation light source (Takura [0006]; fig. 7; The monitor 106 obtains the spectrum from the correction target spectrometer 14 which outputs the second detected intensity distribution 105G while the reference LED measuring device (at the sample position where no sample is present, i.e. the position of the reference LED measuring device) is irradiated with light by the input light source, halogen lamp 101) and the sample position is not irradiated with light by the measurement light source (Takura fig. 7; the LED measuring devices are not irradiated with light from the reference spectrometers 104, 14);
a radiation intensity calculator that calculates a radiation intensity at each wavelength of irradiation light from the irradiation light source based on the first detected intensity distribution obtained by the intensity distribution obtaining unit, the second detected intensity distribution obtained by the intensity distribution obtaining unit (Takura [0006]-[0007]; The apparatus comprising a calibration and correction method calculates the calibration coefficient for each wavelength using the measured values of the reference spectrometer 104 and the correction target spectrometer 14. The measured values include the output intensity of the irradiated light 105G), and radiation characteristics of the standard light source (Takura [0013]; a luminous flux emitted from a reference light source is adjusted to the reference light source).
However, Takura does not explicitly disclose a uniform irradiation lens attached to the irradiation light source, the uniform irradiation lens allowing irradiation of a surface at the sample position with light at a uniform intensity; the measurement light source being arranged to irradiate the sample position with light; and an irradiated photon number calculator that calculates as the number of irradiated photons, the number of photons at each wavelength of irradiation light from the irradiation light source based on the radiation intensity at each wavelength calculated by the radiation intensity calculator, wherein the measurement light source is arranged on a rear surface side of a surface at the sample position irradiated with light by the irradiation light source, and the detector is arranged on a front surface side of the surface at the sample position irradiated with light by the irradiation light source.
Heidmann, in the same field of endeavor as the claimed invention, teaches a uniform irradiation lens attached to the irradiation light source (Heidmann col. 4 ln. 61-67; fig. 1; the light from the light source 102 may be provided to a collimator consisting of lenses 104 and 106, and focused by lens 122), the uniform irradiation lens allowing irradiation of a surface at the sample position with light at a uniform intensity (Heidmann col. 4 ln. 44-49; the light source 102 produces excitation illumination 103 that is incident on the crystal film 110);
the measurement light source being arranged to irradiate the sample position with light (Heidmann col. 7 lines 19-28; fig. 1; col. 14 ln. 38-41; The photon emitter 114, i.e. a high intensity light source, on the recording head 116 produces illumination incident on the crystal film 110);
wherein the measurement light source is arranged on a rear surface side of a surface at the sample position irradiated with light by the irradiation light source (Heidmann fig. 1; the photon emitter 114 is arranged on a rear surface side of a surface at the crystal film 110 irradiated by light on the opposite side by the light source 102),
and the detector is arranged on a front surface side of the surface at the sample position irradiated with light by the irradiation light source (Heidmann fig. 1; the detector 103 is arranged on a front surface side of the surface at the crystal film 110 irradiated by light on the same side by the light source 102).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Takura to incorporate the teachings of Heidmann to include a uniform irradiation lens attached to the irradiation light source, the uniform irradiation lens allowing irradiation of a surface at the sample position with light at a uniform intensity; the measurement light source being arranged to irradiate the sample position with light; wherein the measurement light source is arranged on a rear surface side of a surface at the sample position irradiated with light by the irradiation light source, and the detector is arranged on a front surface side of the surface at the sample position irradiated with light by the irradiation light source; for the advantage of enabling the characterization of different sized samples including micron sized (Heidmann col. 13 ln. 64-66).
Still lacking the limitation such as an irradiated photon number calculator that calculates as the number of irradiated photons, the number of photons at each wavelength of irradiation light from the irradiation light source based on the radiation intensity at each wavelength calculated by the radiation intensity calculator.
Tanaka, in the same field of endeavor as the claimed invention, teaches an irradiated photon number calculator that calculates as the number of irradiated photons, the number of photons at each wavelength of irradiation light from the irradiation light source based on the radiation intensity at each wavelength calculated by the radiation intensity calculator (Tanaka [0008]-[0009]; [0018]; A general-purpose computer device equipped with a CPU, RAM, ROM, auxiliary storage device, and the like, calculates the number of photons Np from the emission spectrum by the integration of a formula, thus including each wavelength in the 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 Takura in view of Heidmann to incorporate the teachings of Tanaka to include an irradiated photon number calculator that calculates as the number of irradiated photons, the number of photons at each wavelength of irradiation light from the irradiation light source based on the radiation intensity at each wavelength calculated by the radiation intensity calculator; for the advantage of easier determination of the number of photons (Tanaka [0017]).
As to claim 2, Takura does not explicitly disclose wherein the measurement light source and the detector are arranged at positions opposed to each other with the sample position lying between the measurement light source and the detector.
Heidmann, in the same field of endeavor as the claimed invention, teaches wherein the measurement light source and the detector are arranged at positions opposed to each other with the sample position lying between the measurement light source and the detector (Heidmann fig. 1; the photon emitter 114 and the detector 103 are arranged at positions opposed to each other with the crystal film 110 between them).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Takura to incorporate the teachings of Heidmann to include wherein the measurement light source and the detector are arranged at positions opposed to each other with the sample position lying between the measurement light source and the detector; for the advantage of flexibility in emitter characterization (Heidmann col. 19 ln. 5-17).
As to claim 3, Takura does not explicitly disclose wherein an angular difference between a direction of irradiation with light by the irradiation light source and a direction of irradiation with light by the measurement light source is within a prescribed range.
Heidmann, in the same field of endeavor as the claimed invention, teaches wherein an angular difference between a direction of irradiation with light by the irradiation light source (Heidmann col. 5 ln. 18-22; fig. 1; The direction of irradiation of the excitation illumination from the light source 102 can be normal to the crystal film 110 or at an oblique angle of incidence if desired) and a direction of irradiation with light by the measurement light source is within a prescribed range (Heidmann fig. 1; The direction of irradiation of the photon emitter 114 is normal to the crystal film 110. Thus, the difference between the two directions is within a prescribed range of 0 degrees to less than 90 degrees).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Takura to incorporate the teachings of Heidmann to include wherein an angular difference between a direction of irradiation with light by the irradiation light source and a direction of irradiation with light by the measurement light source is within a prescribed range; for the advantage of flexibility in emitter characterization (Heidmann col. 19 ln. 5-17).
As to claim 4, Takura does not explicitly disclose wherein a direction of irradiation with light by the irradiation light source and a direction of irradiation with light by the measurement light source are in parallel to each other.
Heidmann, in the same field of endeavor as the claimed invention, teaches wherein a direction of irradiation with light by the irradiation light source and a direction of irradiation with light by the measurement light source are in parallel to each other (Heidmann col. 5 ln. 18-22; fig. 1; The direction of irradiation of the excitation illumination from the light source 102 can be normal to the crystal film 110. The direction of irradiation of the photon emitter 114 is normal to the crystal film 110. Thus, the two directions can be in parallel to each other).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Takura to incorporate the teachings of Heidmann to include wherein a direction of irradiation with light by the irradiation light source and a direction of irradiation with light by the measurement light source are in parallel to each other; for the advantage of flexibility in emitter characterization (Heidmann col. 19 ln. 5-17).
As to claim 7, Takura teaches wherein a light source that generates white light, monochromatic light, or light having a constant wavelength range is selectively provided as the irradiation light source (Takura [0005]; fig. 7; input light source 101 is a halogen lamp that emits white light, which is introduced into the spectrometers 104 and 14 positioned as shown in fig. 7A).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Takura in view of Heidmann and Tanaka, further in view of Oda (US20120262711A1) and Nakagawa et al. (US20210325307A1), hereinafter Nakagawa.
As to claim 5, Takura in view of Heidmann and Tanaka does not explicitly disclose an absorbance spectrum obtaining unit that obtains as an absorbance spectrum, an intensity distribution of light detected by the detector during a second measurement operation while the sample at the sample position is irradiated with light by the measurement light source and the sample at the sample position is irradiated with light by the irradiation light source; and an absorbed photon number calculator that calculates as the number of absorbed photons, the number of photons absorbed at each wavelength by the sample based on the number of irradiated photons calculated by the irradiated photon number calculator and the absorbance spectrum obtained by the absorbance spectrum obtaining unit during the second measurement operation.
Oda, in the same field of endeavor as the claimed invention, teaches an absorbance spectrum obtaining unit that obtains as an absorbance spectrum, an intensity distribution of light detected by the detector during a second measurement operation (Oda [0131]; the data processor 104 includes a spectrum creator 106 and creates an absorption spectrum based on the absorbance data showing the absorbance at each wavelength) while the sample at the sample position is irradiated with light by the measurement light source and the sample at the sample position is irradiated with light by the irradiation light source (Oda [0129]; The amount of light that has passed through this sample cell 90 (transmission light) is detected by a transmission-light detector 91);
and an absorbed photon number calculator (Oda [0131]; the data processor 104 includes an absorbance calculator 105 and creates an absorption spectrum based on the absorbance data showing the absorbance at each wavelength. The absorbance calculator 105 calculates absorbance by dividing the output signal of the transmission-light detector 91 by that of the reference-light detector 89 and computing a negative logarithm of the obtained value).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Takura in view of Heidmann and Tanaka to incorporate the teachings of Oda to include an absorbance spectrum obtaining unit that obtains as an absorbance spectrum, an intensity distribution of light detected by the detector during a second measurement operation while the sample at the sample position is irradiated with light by the measurement light source and the sample at the sample position is irradiated with light by the irradiation light source; and an absorbed photon number calculator; for the advantage of more data to be stored for increased characterizations (Oda [0137]).
Still lacking the limitation such as the absorbed photon number calculator that calculates as the number of absorbed photons, the number of photons absorbed at each wavelength by the sample based on the number of irradiated photons calculated by the irradiated photon number calculator and the absorbance spectrum obtained by the absorbance spectrum obtaining unit during the second measurement operation.
Nakagawa, in the same field of endeavor as the claimed invention, teaches the absorbed photon number calculator that calculates as the number of absorbed photons, the number of photons absorbed at each wavelength by the sample (Nakagawa [0110]; [0116]; the calculating unit 132 calculates the number of absorbed photons “Abs photon” absorbed at each wavelength λ, as per equations 5-7) based on the number of irradiated photons calculated by the irradiated photon number calculator and the absorbance spectrum obtained by the absorbance spectrum obtaining unit during the second measurement operation (Nakagawa [0110]; the absorbed photons calculated is based on the excited photon density, i.e. the irradiated photon number, and the absorbance spectrum, i.e. the absorption cross section, as per equation 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Takura in view of Heidmann, Tanaka and Oda to incorporate the teachings of Nakagawa to include the absorbed photon number calculator that calculates as the number of absorbed photons, the number of photons absorbed at each wavelength by the sample based on the number of irradiated photons calculated by the irradiated photon number calculator and the absorbance spectrum obtained by the absorbance spectrum obtaining unit during the second measurement operation; for the advantage of enabling fluorescence fading correction (Nakagawa [0117]).
As to claim 6, Takura teaches a storage where the first detected intensity distribution obtained by the intensity distribution obtaining unit is stored before the first measurement operation and the second measurement operation (Takura [0013]; The light beam emitted from the reference light source is stored as a reference spectrum and the luminous flux emitted is separated by a correction target LED measuring device),
wherein the intensity distribution obtaining unit obtains the first detected intensity distribution stored in the storage during the first measurement operation (Takura [0006]; fig. 7; the monitor 106 obtains the first detected intensity distribution 102G).
Conclusion
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 11 am – 8 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877