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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 27 May 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendments filed 12 May 2026 have been entered. Claims 1-14 remain pending in the application, as well as newly added claims 15-16. The Applicant’s amendments to the claims overcome each and every rejection previously set forth in the Non-Final Rejection dated 20 February 2026.
Response to Arguments
Applicant’s arguments, see page 7, filed 12 May 2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of additional reference Hromin (USPGPub 20200132549 A1).
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15: “the outer housing” in lines 2-3 should be “the outer housing.” for further clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 8-10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sekiguchi et al. (USPGPub 20220214266 A1) in view of He et al. (USPGPub 20070146709 A1), Ingleson et al. (USPGPub 20090316149 A1), Sheridan et al. (USPGPub 20180143076 A1), and Hromin (USPGPub 20200132549 A1).
Regarding claim 1, Sekiguchi teaches a spectroscopic light source (1) comprising at least one light emitting element (2ul/2wl) (see figures 1A-1E, LED 2ul; and ¶136, The light source of the present disclosure which has been described in detail is applicable to the light source for analyzer such as the spectrophotometer); at least one housing (2uf/2wf/5), wherein the housing (2uf/2wf/5)at least partially surrounds the light emitting element (2ul/2wl) (see figures 1A-1E, frame 2uf surrounding LED 2ul and frame 5 surrounding frame 2uf), wherein the housing (2uf/2wf/5)comprises an inner housing (2uf/2wf) at least partially surrounding the light emitting element (2ul/2wl) (see figures 1A-1E, frame 2uf surrounding LED 2ul and frame 2wf surrounding LED 2wl); and at least two output channels (5a/5a’) going through the housing (2uf/2wf/5), wherein each one of the output channels (5a/5a’) is configured for decoupling at least one light beam from the spectroscopic light source (1) (see figure 3E, through holes 5a and 5a’ (i.e. output channels); and ¶60, Through holes 5a, 5a′ are holes which allow penetration of light beams from the ultraviolet LED package 2u and the white color LED package 2w so that the light beams reach the dichroic prism 3); wherein the housing (2uf/2wf/5) further comprises an outer housing (5), the outer housing (5) at least partially surrounding the inner housing (2uf/2wf) (see figures 1A-1E, frame 5 surrounding LED package 2u comprising inner frame 2uf and LED package 2w comprising inner frame 2wf), wherein the inner housing (2uf/2wf) and the outer housing (5) each comprise at least two openings as part of the output channels (5a/5a’) (see figures 1A-1E, frames 2uf and 2wf (i.e. inner housing) comprising two openings, and frame 5 (i.e. outer housing) comprising two openings 5a and 5a’), wherein the housing (2uf/2wf/5) comprises at least one base element (4), wherein the inner housing (2uf/2wf) and the outer housing (5) directly or indirectly rest on the base element (4) (see figures 1A-1E, substrate 4 (i.e. base element)), wherein each light emitting element (2ul/2wl) comprises an inner housing (2uf/2wf) (see figures 1A-1E, frame 2uf surrounding LED 2ul and frame 2wf surrounding LED 2wl; and NOTE: each LED has its own housing associated therewith), wherein the light emitting element (2ul/2wl) protrudes into the outer housing (5) and the inner housing (2uf/2wf) (see figures 1A-1E, LED 2ul/2wl protruding into frame 2uf/2wf (i.e. inner housing) and frame 5 (i.e. outer housing)). However, Sekiguchi fails to explicitly teach at least one electronic circuit configured for applying electric power to the light emitting element; wherein the spectroscopic light source is configured for independently controlling each one of the output channels, wherein the electronic circuit is received within the outer housing underneath the light emitting element, and wherein the light emitting element is mounted to the electronic circuit, and wherein the electronic circuit rests on the base element between the base element and the housing.
However, He teaches at least one electronic circuit (120) configured for applying electric power to the light emitting element (220) (¶22, the LEDs 220, along with the sensor unit 240, may be in communication with and controlled by the circuit board 120).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sekiguchi to incorporate the teachings of He to include an electric circuit in order to provide power to the elements, allowing for a functioning device. However, the combination fails to explicitly teach wherein the spectroscopic light source is configured for independently controlling each one of the output channels, wherein the electronic circuit is received within the outer housing underneath the light emitting element, and wherein the light emitting element is mounted to the electronic circuit, and wherein the electronic circuit rests on the base element between the base element and the housing.
However, Ingleson teaches wherein the spectroscopic light source is configured for independently controlling each one of the output channels (¶15, A first portion of the light that is emitted by the LEDs 108 passes through the apertures 118 in the reflective housing 114 and vertically upward through the transparent light guide 116, within the second hollow chamber 121. When the light reaches the faceted mirror 120, the light is reflected toward the conical indentation 124 in the cylinder's ceiling 122, which in turn reflects the light vertically downward toward mirror 128. The angle of the mirror 128 directs the light through the input 132 of the fiber optic ferrule 130. The light is then output over the first optical fiber 134.sub.1 as a reference channel; ¶16, the reflective housing is configured to converge the otherwise diverging beams of light emitted by the LEDs 108 and to reflect the light so that it is incident on the sample at an angle of approximately forty-five degrees… The light is then output over the second optical fiber 134.sub.2 as a sample channel; and see remainder of ¶¶15-16 for further details).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi and He to incorporate the teachings of Ingleson to independently control output channels because the generation of both reference-channel light and sample-channel light enables the reflectance of the sample to be measured accurately (Ingleson, ¶17). However, the combination fails to explicitly teach wherein the electronic circuit is received within the outer housing underneath the light emitting element, and wherein the light emitting element is mounted to the electronic circuit, and wherein the electronic circuit rests on the base element between the base element and the housing.
However, Sheridan teaches wherein the electronic circuit (106) is received within the outer housing (102/118) underneath the light emitting element (132), and wherein the light emitting element (132) is mounted to the electronic circuit (106) (see figure 2, LED 132 disposed on circuit board 106, and circuit board 106 disposed within outer housing 102/118).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, and Ingleson to incorporate the teachings of Sheridan to provide the electronic circuit underneath the emitter because the mere rearrangement of already known parts that function the same is an obvious matter of design choice (MPEP 2144.04 VI C). However, the combination fails to explicitly teach wherein the electronic circuit rests on the base element between the base element and the housing.
However, Hromin teaches wherein the electronic circuit (303) rests on the base element between the base element and the housing (304) (see figures 3 and 4, printed circuit board 303 resting on the lower portion of housing portion 301 (i.e. base element) between the lower portion of housing 301 and dome 304 (i.e. housing)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Ingleson, and Sheridan to incorporate the teachings of Hromin to have the circuit board located between the base element and the housing because the mere rearrangement of these parts would not alter the function of the device and is therefore an obvious matter of choice (MPEP 2144.04 VI C).
Regarding claim 3, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the spectroscopic light source (Sekiguchi 1 | Ingleson 102) according to claim 1, wherein the spectroscopic light source (Sekiguchi 1 | Ingleson 102) is configured for turning on and off at least one of the output channels (Sekiguchi 5a/5a’ | Ingleson 134) (Ingleson, ¶15, the sample whose reflectance is to be measured is placed near the sample port 112, and the LEDs 108 are activated to illuminate the sample; and see ¶¶15-16 for further details).
Regarding claim 8, Sekiguchi as modified by He, Sheridan, and Hromin teaches the output channels (Sekiguchi 5a/5a’) (Sekiguchi, see figure 3E, through holes 5a and 5a’ (i.e. output channels)). However, the combination fails to explicitly teach wherein at least one of the output channels comprises an optical fiber connector.
However, Ingleson teaches wherein at least one of the output channels (134) comprises an optical fiber connector (132) (see figure 1, input 132).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Sheridan, and Hromin to incorporate the teachings of Ingleson to have the output comprise an optical fiber due to their flexibility in light path, preventing the need for a plurality of optical elements with which to direct light, as well as low signal attenuation.
Regarding claim 9, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the spectroscopic light source (Sekiguchi 1 | Ingleson 102) according to claim 1, wherein the electronic circuit (He 120 | Sheridan 106 | Hromin 303) comprises at least one interface (He, ¶47, The circuit board 120 may be further equipped with data transfer capabilities, so as to allow the user to download or upload information, save the measurement result on other devices, such as user's home computer, and/or perform additional analysis on the collected data).
Regarding claim 10, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the spectroscopic light source (Sekiguchi 1 | Ingleson 102) according to claim 1, wherein the electronic circuit (He 120 | Sheridan 106 | Hromin 303) comprises at least one controller configured for controlling at least one of the electric power applied to the light emitting element (Sekiguchi 2ul/2wl | He 220 | Ingleson 108 | Sheridan 132), or at least one of the output channels (Sekiguchi 5a/5a’ | Ingleson 134) (He, ¶17, an optical assembly 110; a circuit board 120 which may include a processor 122 and a memory 124; a power source 130 (e.g., one or more batteries); a power switch 135; an aperture 140; and optionally, a sample holder 150; and ¶22, the LEDs 220, along with the sensor unit 240, may be in communication with and controlled by the circuit board 120).
Regarding claim 12, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches a spectroscopic measurement system comprising at least one spectroscopic light source (Sekiguchi 1 | Ingleson 102) according to claim 1 (Sekiguchi, see figures 1A-1E, LED 2ul; and ¶136, The light source of the present disclosure which has been described in detail is applicable to the light source for analyzer such as the spectrophotometer); at least one detector (Sekiguchi A7 | He 240 | Ingleson 106) configured for detecting the at least one light beam decoupled from the spectroscopic light source (Sekiguchi 1 | Ingleson 102) and further configured for generating at least one corresponding detector signal (Sekiguchi, see figure 5, detector A7 receiving light from light source 1; and He, ¶23, The light reflected from the sample 280 is detected by the sensor unit 240. The sensor unit 240 converts the detected optical signals into corresponding electrical signals, which in one example may be associated with the intensity of the reflected light from the sample 280 under the illumination of LEDs 220); at least one readout electronics configured for reading out the detector signal; and at least one evaluation device configured for determining at least one item of information based on the detector signal (He, ¶23, The light reflected from the sample 280 is detected by the sensor unit 240. The sensor unit 240 converts the detected optical signals into corresponding electrical signals, which in one example may be associated with the intensity of the reflected light from the sample 280 under the illumination of LEDs 220. The sensor unit 240 outputs the electrical signals to the circuit board 120 of FIG. 1A, for example. The measured results may be presented by one or more numerical readings and/or graphic displays, e.g., shown on the display panel 160).
Regarding claim 13, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches a method of operating the spectroscopic measurement system according to claim 12, the method comprising: a) applying the electric power to the light emitting element (Sekiguchi 2ul/2wl | He 220 | Ingleson 108 | Sheridan 132) of the spectroscopic light source (Sekiguchi 1 | Ingleson 102) by using the electronic circuit (He 120 | Sheridan 106 |Hromin 303) (He, ¶17, an optical assembly 110; a circuit board 120 which may include a processor 122 and a memory 124; a power source 130 (e.g., one or more batteries); a power switch 135; an aperture 140; and optionally, a sample holder 150; and ¶22, the LEDs 220, along with the sensor unit 240, may be in communication with and controlled by the circuit board 120); b) emitting light by using the light emitting element (Sekiguchi 2ul/2wl | He 220 | Ingleson 108 | Sheridan 132) (Sekiguchi, see figures 1A-1E, LED 2ul); c) decoupling the at least one light beam from the spectroscopic light source (Sekiguchi 1 | Ingleson 102) by using at least one of the at least two output channels while independently controlling each one of the output channels (Sekiguchi 5a/5a’ | Ingleson 134) (Sekiguchi, see figure 3E, through holes 5a and 5a’ (i.e. output channels); and ¶60, Through holes 5a, 5a′ are holes which allow penetration of light beams from the ultraviolet LED package 2u and the white color LED package 2w so that the light beams reach the dichroic prism 3; and Ingleson, ¶15, A first portion of the light that is emitted by the LEDs 108 passes through the apertures 118 in the reflective housing 114 and vertically upward through the transparent light guide 116, within the second hollow chamber 121. When the light reaches the faceted mirror 120, the light is reflected toward the conical indentation 124 in the cylinder's ceiling 122, which in turn reflects the light vertically downward toward mirror 128. The angle of the mirror 128 directs the light through the input 132 of the fiber optic ferrule 130. The light is then output over the first optical fiber 134.sub.1 as a reference channel; ¶16, the reflective housing is configured to converge the otherwise diverging beams of light emitted by the LEDs 108 and to reflect the light so that it is incident on the sample at an angle of approximately forty-five degrees… The light is then output over the second optical fiber 134.sub.2 as a sample channel; and see remainder of ¶¶15-16 for further details); d) illuminating at least one measurement object (Sekiguchi A4) with the light beam (Sekiguchi, ¶80, the irradiation lens system A2 focuses light so that the sample cell A4 is appropriately irradiated); e) detecting the light beam by using the detector (Sekiguchi A7 | He 240 | Ingleson 106) of the spectroscopic measurement system and generating the at least one corresponding detector signal (Sekiguchi, see figure 5, detector A7 receiving light from light source 1; and He, ¶23, The light reflected from the sample 280 is detected by the sensor unit 240. The sensor unit 240 converts the detected optical signals into corresponding electrical signals, which in one example may be associated with the intensity of the reflected light from the sample 280 under the illumination of LEDs 220); f) reading out the at least one corresponding detector signal by using the readout electronics of the spectroscopic measurement system; and g) determining the at least one item of information based on the detector signal by using the evaluation device of the spectroscopic measurement system (He, ¶23, The light reflected from the sample 280 is detected by the sensor unit 240. The sensor unit 240 converts the detected optical signals into corresponding electrical signals, which in one example may be associated with the intensity of the reflected light from the sample 280 under the illumination of LEDs 220. The sensor unit 240 outputs the electrical signals to the circuit board 120 of FIG. 1A, for example. The measured results may be presented by one or more numerical readings and/or graphic displays, e.g., shown on the display panel 160).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sekiguchi et al. (USPGPub 20220214266 A1) in view of He et al. (USPGPub 20070146709 A1), Ingleson et al. (USPGPub 20090316149 A1), Sheridan et al. (USPGPub 20180143076 A1), and Hromin (USPGPub 20200132549 A1) as applied to claim 1 above, and further in view of Schulman et al. (USPGPub 20200072755 A1).
Regarding claim 2, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the light emitting element (Sekiguchi 2ul/2wl | He 220 | Ingleson 108 | Sheridan 132). However, the combination fails to explicitly teach wherein the light emitting element comprises at least one incandescent lamp.
However, Schulman teaches wherein the light emitting element comprises at least one incandescent lamp (¶43, the light source may be an incandescent lamp).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Ingleson, Sheridan, and Hromin to incorporate the teachings of Schulman to include an incandescent bulb as a light source because of their high color rendering index.
Claims 4-7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sekiguchi et al. (USPGPub 20220214266 A1) in view of He et al. (USPGPub 20070146709 A1), Ingleson et al. (USPGPub 20090316149 A1), Sheridan et al. (USPGPub 20180143076 A1), and Hromin (USPGPub 20200132549 A1) as applied to claims 1 and 13 above, and further in view of Degner et al. (USPGPub 20200033257 A1).
Regarding claim 4, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the spectroscopic light source (Sekiguchi 1 | Ingleson 102) directing a light beam to the output channels (Sekiguchi 5a/5a’ | Ingleson 134) (Sekiguchi, see figures 1A-1E; and Ingleson see figure 1). However, the combination fails to explicitly teach wherein the light source is configured to modulating the light beam.
However, Degner teaches wherein the light source is configured to modulating the light beam (¶42, the control apparatus is designed and configured to modulate the micro-incandescent lamp between an operating point with a lower output and an operating point with a higher output in which the respective emission spectrum has different component ratios in the measuring wavelength range and in the reference wavelength range).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Ingleson, Sheridan, Hromin to incorporate the teachings of Degner to modulate the light source in order to emit both a measurement light and a reference light, allowing for the accurate measurement of the object of interest.
Regarding claim 5, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the spectroscopic light source (Sekiguchi 1 | Ingleson 102) directing a light beam to the output channels (Sekiguchi 5a/5a’ | Ingleson 134) (Sekiguchi, see figures 1A-1E; and Ingleson see figure 1). However, the combination fails to explicitly teach wherein the light source is configured for independently modulating the light beams in each one of the output channels.
However, Degner teaches wherein the light source is configured for independently modulating the light beams in each one of the output channels (see figure 2, separate channels going toward separate detectors; and ¶42, the control apparatus is designed and configured to modulate the micro-incandescent lamp between an operating point with a lower output and an operating point with a higher output in which the respective emission spectrum has different component ratios in the measuring wavelength range and in the reference wavelength range).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Ingleson, Sheridan, and Hromin to incorporate the teachings of Degner to modulate the light source in order to emit both a measurement light and a reference light, allowing for the accurate measurement of the object of interest.
Regarding claim 6, Sekiguchi as modified by He, Sheridan, Hromin, and Degner teaches the spectroscopic light source (Sekiguchi 1) comprising the outer housing (5) (Sekiguchi, see figures 1A-1E). However, the combination fails to explicitly teach wherein at least one optical element is located inside the outer housing, wherein the optical element comprises lenses received in each of the openings of the inner housing.
However, Ingleson teaches wherein at least one optical element is located inside the outer housing (116) (see figure 1, LEDs 108 located within the outer housing 116; and ¶11, each LED 108 includes a lens (not shown)), wherein the optical element comprises lenses received in each of the openings of the inner housing (114) (¶11, each LED 108 includes a lens (not shown)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Sheridan, Hromin, and Degner to incorporate the teachings of Ingleson to further include lenses within the outer housing in order to direct and focus the emitted light, providing a strong signal to an object and then subsequent detector.
Regarding claim 7, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the spectroscopic light source (Sekiguchi 1 | Ingleson 102) (Sekiguchi, see figures 1A-1E; and Ingleson see figure 1). However, the combination fails to explicitly teach wherein the light source further comprises at least one actuator, wherein the actuator comprises at least one modulating element, wherein the modulating element comprises at least one of a shutter and a chopper wheel.
However, Degner teaches wherein the light source further comprises at least one actuator, wherein the actuator comprises at least one modulating element, wherein the modulating element comprises at least one of a shutter and a chopper wheel (¶20, amplitude modulation is used that is generated by a filter wheel or chopper wheel; and see ¶11 for further details).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Ingleson, Sheridan, and Hromin to incorporate the teachings of Degner to modulate the light source in order to emit both a measurement light and a reference light, allowing for the accurate measurement of the object of interest.
Regarding claim 14, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the method according to claim 13, wherein, in step c), at least two light beams are decoupled from the spectroscopic light source (Sekiguchi 1 | Ingleson 102), wherein each light beam is decoupled through a different output channel (Sekiguchi 5a/5a’ | Ingleson 134) of the spectroscopic light source (Sekiguchi 1 | Ingleson 102) (Sekiguchi, see figure 3E, through holes 5a and 5a’ (i.e. output channels); and ¶60, Through holes 5a, 5a′ are holes which allow penetration of light beams from the ultraviolet LED package 2u and the white color LED package 2w so that the light beams reach the dichroic prism 3), wherein in step d), the measurement object (Sekiguchi A4) is illuminated by at least one of the at least two light beams (Sekiguchi, ¶80, the irradiation lens system A2 focuses light so that the sample cell A4 is appropriately irradiated). However, the combination fails to explicitly teach wherein, in step c), the independently controlling of the output channels comprises modulating at least one light beam differently in the respective output channel than the at least one remaining light beam in the at least one remaining output channel.
However, Degner teaches wherein, in step c), the independently controlling of the output channels comprises modulating at least one light beam differently in the respective output channel than the at least one remaining light beam in the at least one remaining output channel (see figure 2, separate channels going toward separate detectors; and ¶42, the control apparatus is designed and configured to modulate the micro-incandescent lamp between an operating point with a lower output and an operating point with a higher output in which the respective emission spectrum has different component ratios in the measuring wavelength range and in the reference wavelength range).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Ingleson, Sheridan, and Hromin to incorporate the teachings of Degner to modulate the light source in order to emit both a measurement light and a reference light, allowing for the accurate measurement of the object of interest.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sekiguchi et al. (USPGPub 20220214266 A1) in view of He et al. (USPGPub 20070146709 A1), Ingleson et al. (USPGPub 20090316149 A1), Sheridan et al. (USPGPub 20180143076 A1), and Hromin (USPGPub 20200132549 A1) as applied to claim 10 above, and further in view of Abbink et al. (USPGPub 20030023152 A1).
Regarding claim 11, Sekiguchi as modified by He, Ingleson, Sheridan, and Hromin teaches the controller configured for controlling at least one of the electric power applied to the light emitting element ((Sekiguchi 2ul/2wl | He 220 | Ingleson 108 | Sheridan 132) (He, ¶17, an optical assembly 110; a circuit board 120 which may include a processor 122 and a memory 124; a power source 130 (e.g., one or more batteries); a power switch 135; an aperture 140; and optionally, a sample holder 150; and ¶22, the LEDs 220, along with the sensor unit 240, may be in communication with and controlled by the circuit board 120). However, the combination fails to explicitly teach wherein the controller is configured for performing a soft start and/or a soft stop of the light emitting element.
However, Abbink teaches wherein the controller is configured for performing a soft start and/or a soft stop of the light emitting element (¶104, The illumination subsystem 100 utilizes the 28 VDC power from the power supply to drive the light source. A DC-to-DC converter tightly regulates the input power down to 21.4 VDC and also provides a soft start function that gradually turns on the light source when the non-invasive glucose monitor is first turned on).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sekiguchi, He, Ingleson, Sheridan, and Hromin to incorporate the teachings of Abbink to further include a soft start function because [t]he soft start function extends the useful life of the light source by eliminating startup transients and limiting the current required to initially power the light source (Abbink, ¶104).
Allowable Subject Matter
Claims 15-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 15, the prior art of record individually or combined fails to teach the spectroscopic light source according to claim 7 as claimed, more specifically in combination with wherein the one modulating element is disposed between a first opening of the inner housing and a second opening of the outer housing
Regarding claim 16, the prior art of record individually or combined fails to teach the spectroscopic light source according to claim 1 as claimed, further including a cooling device and more specifically in combination with wherein the housing comprises a top cover opposite the base element and the cooling is mounted to the top cover.
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 ERIN R GARBER whose telephone number is (571)272-4663. The examiner can normally be reached M-F 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Y Epps can be reached at (571)272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN R GARBER/Examiner, Art Unit 2878
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