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 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 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, 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 are 1, 4-8, 12, 13, and 15-30 are rejected under 35 U.S.C. 103 as being unpatentable over Miron (US 2016/0084757) in view of the Applicant’s Admitted Prior Art (AAPA).
With respect to claims 1-3 and 14, Miron teaches a handheld vapor and gas analyzer system including a Fourier transform infrared (FTIR) spectrometer, the system comprising:
an optical energy 238;
an interferometer 300 optically coupled to the optical energy source (Figures 3 and 9);
a radiation detector 258 (Figure 9);
a gas cell 201 optically coupled to the interferometer, the gas cell comprising:
an input lens 210 adapted to receive the modulated excitation signal and focus the modulated excitation signal within the gas cell (Paragraph 189),
an off-axis multiple reflection geometry (Paragraph 229) adapted to receive the focused modulated excitation signal and pass the focused modulated excitation signal through a vapor phase specimen within the gas cell to generate an optical sample signal, wherein the off-axis multiple reflection geometry comprises a plurality of beam paths skewed relative to a longitudinal axis of the gas cell (Figures 2-3); and
an exit lens adapted to direct the optical sample signal from the gas cell to the radiation detector (Paragraph 248);
a pump 1105 adapted to introduce a gas or vapor phase specimen into the gas cell; and
a controller adapted to identify detected gas and vapor samples based on the optical sample signal (Paragraphs 247, 290-295).
However, Miron fails to teach the explicitly teach specifics of the spectrometer including and IR detector.
The applicant’s instant specification, paragraph 22 states the following:
In this embodiment, the analyzer employs an FTIR spectrometer (2) optically interfaced to a long-path gas cell (16). The interferometer (2) of the analyzer is a double pendulum and operates using rotary motion about a perpendicular axis (30) constrained by flex pivots. This type of interferometer is well-known in the art and is described in the included background intellectual property and other references - Rippel and Jaacks, Griffiths and De Haseth, or US Patent 4,383, 762. This type of interferometer is advantageous because it is self-compensating for changes in optical alignment due to external perturbations that might be experienced by a handheld instrument. Other interferometers known in the art, such as those with linear actuators, can also be used.
The AAPA teaches a handheld vapor and gas analyzer system including a Fourier transform infrared (FTIR) spectrometer, the system comprising:
an optical energy source 3 adapted to provide an excitation signal;
an interferometer 2 optically coupled to the optical energy source and adapted to modulate the excitation signal;
an infrared (IR) radiation detector 12 adapted to transduce IR radiation into a modulated electrical signal;
regarding claim 2, wherein the interferometer of the FTIR spectrometer is a double pendulum (Paragraph 22);
regarding claim 3, wherein the interferometer of the FTIR spectrometer comprises a linear actuator (Paragraph 22);
regarding claim 14, wherein the interferometer comprises a double pendulum interferometer that self-corrects for perturbations due to shock or vibration incurred during the course of a spectrum recording cycle (Paragraph 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system to replace the interferometer system of Miron with that of the AAPA. One would have been motivated to make that change since “This type of interferometer is advantageous because it is self-compensating for changes in optical alignment due to external perturbations that might be experienced by a handheld instrument” (AAPA; Paragraph 22).
With respect to claim 4, Miron teaches the handheld system wherein a photoionization detector (PID) samples the gas and vapor from the pump and detects ambient gases and vapors (Paragraphs 247, 290-295).
With respect to claim 5, Miron teaches the handheld system wherein the pump is adapted to draw the vapor phase specimen into the PID (Paragraphs 222-234, 290-295).
With respect to claim 6, Miron teaches the handheld system wherein the pump is adapted to draw the vapor phase specimen into the PID from the gas cell (Paragraphs 222-234, 290-295).
With respect to claim 7, Miron teaches the handheld system wherein the pump is adapted to draw a second vapor phase specimen into the PID in parallel with the vapor phase specimen into the gas cell (Paragraphs 222-234, 290-295).
With respect to claim 8, Miron teaches the handheld system wherein a second pump is adapted to draw a second vapor phase specimen into the PID (Paragraphs 222-234, 290-295).
With respect to claim 12, Miron teaches the handheld system, wherein a ratio of the gas cell volume to gas cell pathlength, is less than one or more of the group comprising 0.02, 0.03, and 0.04 (Paragraphs 231, 344). Note: the ratio of gas cell volume to gas cell pathlength is based on Beer’s law and “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) Therefore it would have been obvious to substitute the dimensions to yield predictable results. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
With respect to claim 13, Miron teaches the handheld system, wherein the controller comprises memory storing operating software, analysis software, and spectral libraries (Paragraphs 337-344).
With respect to claim 15, Miron teaches the handheld system wherein the input and output lenses in the gas cell are field lenses (Paragraph 70).
With respect to claim 16, Miron teaches the handheld system wherein the controller is adapted to digitize and store a laser interferogram and an IR interferogram (Paragraphs 337-344).
With respect to claim 17, Miron teaches the handheld system wherein the stored interferogram data is post processed 1108 to correct for interferometer velocity perturbations (Paragraphs 335).
With respect to claim 18, Miron teaches the handheld system, wherein the gas cell comprises a retroreflector mounted on the field mirror (208, 209).
With respect to claim 19, Miron teaches the handheld system wherein an axis of the retroreflector is geometrically oriented (Figures 2-3).
With respect to claim 20, Miron teaches the handheld system, wherein the retroreflector is geometrically oriented skew to x, y, and z planes of the gas cell such that a specific field image pattern is perpetuated on the field mirror, wherein one of the x, y, and z planes of the gas cell corresponds to a longitudinal axis of the gas cell (Figures 2-3).
With respect to claim 21, Miron teaches a method for analyzing gases and vapors based on infrared (IR) spectroscopy, the method comprises:
providing an excitation signal 238;
modulating the excitation signal via an interferometer (Figures 3, 9);
passing the modulated excitation signal through a gas cell 201 comprising a gas or vapor phase specimen disposed within the gas cell to generate an optical sample signal, wherein the modulated excitation signal is directed by an off-axis multiple reflection geometry comprising a plurality of beam paths skewed relative to a longitudinal axis of the gas cell (Paragraphs 248, 290-295), wherein the modulated excitation signal enters the gas cell via an input lens and exits the gas cell via an output lens (Figures 2-3);
detecting the optical sample signal using a detector 258 to transduce radiation of the optical sample signal into a modulated electrical signal (Paragraphs 247, 290-295); and
identifying the detected gas or vapor phase sample based on the optical sample signal (Paragraphs 247, 290-295).
However, Miron fails to teach the explicitly teach specifics of the spectrometer including and IR detector.
The applicant’s instant specification, paragraph 22 states the following:
In this embodiment, the analyzer employs an FTIR spectrometer (2) optically interfaced to a long-path gas cell (16). The interferometer (2) of the analyzer is a double pendulum and operates using rotary motion about a perpendicular axis (30) constrained by flex pivots. This type of interferometer is well-known in the art and is described in the included background intellectual property and other references - Rippel and Jaacks, Griffiths and De Haseth, or US Patent 4,383, 762. This type of interferometer is advantageous because it is self-compensating for changes in optical alignment due to external perturbations that might be experienced by a handheld instrument. Other interferometers known in the art, such as those with linear actuators, can also be used.
The AAPA teaches a method for analyzing gases and vapors based on infrared (IR) spectroscopy, the method comprises:
providing an excitation signal 3;
modulating the excitation signal via an interferometer 2;
passing the modulated excitation signal through a gas cell
detecting the optical sample signal using a detector 12 to transduce radiation of the optical sample signal into a modulated electrical signal (Paragraph 22); and
identifying the detected gas or vapor phase sample based on the optical sample signal (Paragraph 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method to replace the interferometer of Miron with that of the AAPA. One would have been motivated to make that change since “This type of interferometer is advantageous because it is self-compensating for changes in optical alignment due to external perturbations that might be experienced by a handheld instrument” (AAPA; Paragraph 22).
With respect to claim 22, Miron teaches the method wherein successive operations of identifying gas or vapor phase samples is made in either a point or continuous mode of operation (Paragraphs 335-338).
With respect to claim 23, Miron teaches the method wherein a pump adapted to draw the successive gas or vapor samples into the gas cell is controlled with a feedback loop based on an IR absorption signal (Paragraphs 335-338).
With respect to claim 24, Miron teaches the method wherein a stored reference or background is updated based on statistical metrics computed from the recorded IR absorption signal (Paragraphs 290-295).
With respect to claim 25, Miron teaches the method wherein the identity of gas or vapor is determined by comparison with stored library spectra (Paragraphs 290-295).
With respect to claim 26, Miron teaches the method wherein IR spectra are co-added to increase signal-to-noise ratio (SNR) (Paragraphs 335-348).
With respect to claim 27, Miron teaches the method wherein statistical metrics are used to initiate co-adding of IR spectra to increase signal-to-noise ratio (SNR) (Paragraphs 335-348).
With respect to claim 28, Miron teaches the method wherein statistical metrics are used to cease co- adding of IR spectra (Paragraphs 335-348).
With respect to claim 29, Miron teaches the method wherein statistical metrics are used to determine whether to initiate spectral library search to identify an unknown chemical gas or vapor (Paragraphs 290-295).
With respect to claim 30, Miron teaches the method wherein statistical metrics are used to determine if a gas or vapor is detected or present (Paragraphs 290-295).
Response to Arguments
Applicant's arguments filed 2/11/2026 have been fully considered but they are not persuasive
Regarding the applicant’s arguments regarding the language “an input lens adapted to…focus the modulated excitation signal within the gas cell”, the applicant is referred to section 2111.04 of the MPEP. There it states:
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. However, examples of claim language, although not exhaustive, that may raise a question as to the limiting effect of the language in a claim are:[AltContent: rect]
(A) "adapted to" or "adapted for" clauses;
With respect to the specifics of this case, there is nothing within the claim that recites the lens having any special details. Specifically, the argued language of “converging rays”. It is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In this case, because the lens is merely “adapted to focus” the rays, a broadest reasonable interpretation of the word “focus” is “direction” or “directed” (https://www.merriam-webster.com/dictionary/focus).
Conclusion
THIS ACTION IS MADE FINAL. 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 David J Makiya whose telephone number is (571)272-2273. The examiner can normally be reached M-F 6:30-2:30ET.
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DAVID J. MAKIYA
Supervisory Patent Examiner
Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884