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) was submitted on 12/06/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“radiation delivery unit” in claims 1, and 8-9. This limitation has been interpreted to correspond to the optical elements of figure 7 and pages 9-10 of the applicant’s specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1, 6, 11, and 13 are objected to because of the following informalities:
Regarding claims 1, 6, 11, and 13, the amended claims of 12/06/2023 recite mathematical relationships of wavelength ranges that are not clearly visible within the uploaded document. Please file a clear set of claims with the wavelength ranges clearly visible. For present purposes of examination, the claims have been examined for prior art using the ranges that are visible in the other sets of claims also filed 12/06/2023, which do not appear to be changed in the amended claim set.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 6, 11, and 13, the amended claims of 12/06/2023 recite mathematical relationships of wavelength ranges that are not clearly visible within the uploaded document. Please file a clear set of claims with the wavelength ranges clearly visible. For present purposes of examination, the claims have been examined for prior art using the ranges that are visible in the other sets of claims also filed 12/06/2023, which do not appear to be changed in the amended claim set. This renders the scope of the claims unclear and rejected for indefiniteness.
Regarding claims 8-9, the claims recite the limitation “an optical filter system according to claim 6”, and with the optical filter system being previous set forth it is unclear as to whether it includes the previously set forth system. The limitation should be replaced with “the optical filter system according to claim 6”.
Claims dependent upon rejected claims are also rejected for indefiniteness. Therefore, dependent claims 2-5, 7, 10, 12, and 14-15 are also rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Darty et al. (U.S. Pub. No. 20150271380) teaches to a compact light sensor device for concurrent imaging at multiple wavelengths. The device includes a bandpass filter for allowing spectral bands to pass through the filter and directs light to a photosensor for analysis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN A FRITH whose telephone number is (571)272-1292. The examiner can normally be reached M-Th 8:00-5:30 Second Fri 8:00-4:30.
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/SEAN A FRITH/Primary Examiner, Art Unit 3798