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 08/12/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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.
Response to Arguments
The amendments filed on 09/30/2025 with respect to claim 1 have been considered and are made of record. The prior art rejection is withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 4-5 and 7-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-5 and 8 of copending Application No. 18572231.
Conflicting claims
SN 18572265
Conflicting claims US18572231
1. (Currently amended) A fluorescence detection device comprising: a generating section that generates pulsed laser light which causes spin polarization and spin relaxation in a phosphor that emits fluorescence whose intensity varies according to magnetic resonance; [[and]] a modulating section that modulates a pulse frequency of the pulsed laser light, wherein the modulating section modulates the pulse frequency of the pulsed laser light with use of a carrier wave having a first frequency and a first phase; and an intensity modulating section that modulates intensity of the pulsed laser light with use of a carrier wave having a second frequency differing from the first frequency and/or a second phase differing from the first phase.
1. (Currently amended) A fluorescence detection device comprising: a first generating section that generates excitation light whose intensity is modulated and which excites a phosphor, wherein the phosphor contains at least one selected from the group consisting of: an NV center of a diamond which NV center contains a nitrogen atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the nitrogen atom; an SiV center of a diamond which SiV center contains a silicon atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the silicon atom; a Vs1Vc center of a silicon carbide crystal which Vs1Vc center contains a vacancy defect that substitutes for a silicon atom and a vacancy defect that is adjacent to the vacancy defect; and a Vsi center of a silicon carbide crystal which Vsi center contains a vacancy defect that substitutes for a silicon atom;the first generating section includes an excitation light generating part that generates the excitation light and a first modulating part that modulates the intensity of the excitation light with use of a carrier wave having at least one of a first frequency and a first phase; and the second generating section includes a magnetic field generating part that generates the magnetic field and a second modulating part that modulates intensity of the magnetic field with use of a carrier wave having at least one of a second frequency differing from the first frequency and a second phase differing from the first phase.
4. (Currently amended) The fluorescence detection device as set forth in claim [[3]] wherein the modulating section also functions as the intensity modulating section.
4. (Currently amended) The fluorescence detection device as set forth in claim [[2]] 1, wherein modulation amplitude of background light is smaller than modulation amplitude of the fluorescence from the phosphor, the modulation amplitude of the background light being a change in intensity of the background light which change is caused by the first modulating part modulating the intensity of the excitation light, the modulation amplitude of the fluorescence from the phosphor being a change in the intensity of the fluorescence from the phosphor which change is caused by the second modulating part modulating the intensity of the magnetic field.
5. (Currently amended) The fluorescence detection device as set forth in claim [[3]]
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wherein modulation amplitude of background light is smaller than modulation amplitude of the fluorescence from the phosphor, the modulation amplitude of the background light being a change in intensity of the background light which change is caused by the intensity modulating section modulating the intensity of the pulsed laser light, the modulation amplitude of the fluorescence from the phosphor being a change in the intensity of the fluorescence from the phosphor which change is caused by the modulating section modulating the pulse frequency of the pulsed laser light.
5. (Previously presented) The fluorescence detection device as set forth in claim 3, wherein modulation amplitude of background light is smaller than modulation amplitude of the fluorescence from the phosphor, the modulation amplitude of the background light being a change in intensity of the background light which change is caused by the first modulating part modulating the intensity of the excitation light, the modulation amplitude of the fluorescence from the phosphor being a change in the intensity of the fluorescence from the phosphor which change is caused by the third modulating part modulating the intensity or the frequency of the electromagnetic wave.
7. (Previously Presented) The fluorescence detection device as set forth in claim 1, wherein the phosphor contains at least one selected from the group consisting of: an NV center of a diamond which NV center contains a nitrogen atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the nitrogen atom; an SiV center of a diamond which SiV center contains a silicon atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the silicon atom; a Vs1Vc center of a silicon carbide crystal which Vs1Vc center contains a vacancy defect that substitutes for a silicon atom and a vacancy defect that is adjacent to the vacancy defect; and a Vsi center of a silicon carbide crystal which Vsi center contains a vacancy defect that substitutes for a silicon atom.
8. (Currently amended) A fluorescence detection method comprising the steps of:generating, by a first generating section, excitation light whose intensity is modulated with use of a carrier wave having at least one of a first frequency and a first phase;and which excites a phosphor, wherein the phosphor contains at least one selected from the group consisting of: an NV center of a diamond which NV center contains a nitrogen atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the nitrogen atom: an SiV center of a diamond which SiV center contains a silicon atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the silicon atom; a VsiVC center of a silicon carbide crystal which Vs1Vc center contains a vacancy defect that substitutes for a silicon atom and a vacancy defect that is adjacent to the vacancy defect and a Vsi center of a silicon carbide crystal which Vsi center contains a vacancy defect that substitutes for a silicon atom: and that emits fluorescence whose intensity varies according to magnetic resonance; and generating, by a second generating section, at least one of a magnetic field or an electromagnetic wave each of which causes [[the]] magnetic resonance so that [[the]] intensity of [[the]] fluorescence emitted from the phosphor is changed, wherein intensity of the magnetic field or intensity of the electromagnetic wave is modulated with use of a carrier wave having atleast one of a second frequency differing from the first frequency and a second phase differing from the first phase.
8. (Currently amended) A fluorescence detection method comprising the steps of: generating pulsed laser light which causes spin polarization and spin relaxation in a phosphor that emits fluorescence whose intensity varies according to magnetic resonance; [[and]] modulating a pulse frequency of the pulsed laser light; and modulating intensity of the pulsed laser light with use of a carrier wave having a second frequency differing from the pulse frequency.
8. (Currently amended) A fluorescence detection method comprising the steps of: generating, by a first generating section, excitation light whose intensity is modulated with use of a carrier wave having at least one of a first frequency and a first phase; and which excites a phosphor, wherein the phosphor contains at least one selected from the group consisting of: an NV center of a diamond which NV center contains a nitrogen atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the nitrogen atom: an SiV center of a diamond which SiV center contains a silicon atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the silicon atom; a VsiVC center of a silicon carbide crystal which Vs1Vc center contains a vacancy defect that substitutes for a silicon atom and a vacancy defect that is adjacent to the vacancy defect and a Vsi center of a silicon carbide crystal which Vsi center contains a vacancy defect that substitutes for a silicon atom: andgenerating, by a second generating section, at least one of a magnetic field or an electromagnetic wave changed, wherein intensity of the magnetic field or intensity of the electromagnetic wave is modulated with use of a carrier wave having atleast one of a second frequency differing from the first frequency and a second phase differing from the first phase.
9. (Currently amended) A method for detecting fluorescence which is emitted from a phosphor and whose intensity varies according to magnetic resonance, the method comprising the steps of: irradiating the phosphor with pulsed laser light so that the phosphor emits the fluorescence; [[and]] changing a pulse frequency of the pulsed laser light so that the intensity of the fluorescence emitted from the phosphor is changed; and modulating intensity of the pulsed laser light with use of a carrier wave having a second frequency differing from the pulse frequency.
8. (Currently amended) A fluorescence detection method comprising the steps of: generating, by a first generating section, excitation light whose intensity is modulated with use of a carrier wave having at least one of a first frequency and a first phase; and which excites a phosphor, wherein the phosphor contains at least one selected from the group consisting of: an NV center of a diamond which NV center contains a nitrogen atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the nitrogen atom: an SiV center of a diamond which SiV center contains a silicon atom that substitutes for a carbon atom and a vacancy defect that is adjacent to the silicon atom; a VsiVC center of a silicon carbide crystal which Vs1Vc center contains a vacancy defect that substitutes for a silicon atom and a vacancy defect that is adjacent to the vacancy defect and a Vsi center of a silicon carbide crystal which Vsi center contains a vacancy defect that substitutes for a silicon atom: andgenerating, by a second generating section, at least one of a magnetic field or an electromagnetic wave changed, wherein intensity of the magnetic field or intensity of the electromagnetic wave is modulated with use of a carrier wave having atleast one of a second frequency differing from the first frequency and a second phase differing from the first phase.
Examiner’s Note:
Claims 1, 4-5, 7-9 stand rejected under Double Patenting rejection as outlined above. Applicant amended independent claims 1, 8 and 9 by adding the limitations and overcome rejection. In combination with other limitations of the claims. The cited prior arts fail to teach “A fluorescence detection device,.., a modulating section that modulates a pulse frequency of the pulsed laser light, wherein the modulating section modulates the pulse frequency of the pulsed laser light with use of a carrier wave having a first frequency and a first phase; and an intensity modulating section that modulates intensity of the pulsed laser light with use of a carrier wave having a second frequency differing from the first frequency and/or a second phase differing from the first phase, as required by claims 1, 8 and 9.
Claims 2 and 6 depends on claim 1 also overcome the rejection bases on the dependency.
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.
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/TAQI R NASIR/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858