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 .
DETAILED ACTION
1. With respect to applicant’s remarks filed on 07/09/26 regarding rejected claims on pages 8-9, the examiner respectfully disagrees. Applicants argues “none of the cited art of the Office action teaches or suggests a laser configured to produce a focused laser beam, wherein the focused laser beam is focused along at least two axes … neither FIG. 1 nor the corresponding text of "NORTH" shows or describes a focused laser beam that is focused along two axes. The Office action also refers to "axis XX" being the other axis but NORTH provides no illustration or text suggesting an axis "XX" that is one of two axes of a focused laser beam”.
2. As discussed in the interview dated 07/09/26, the examiner has explained clearly that North’s figure 1 is in 3D. The figure 1 discloses light beam 12, having circle section F, the beam is clearly focused at point 20 in two directions of axes ZZ and YY. Although North does not provide any illustrations to show XX, YY, ZZ axes, for better to understand, the Examiner added the three axes of Cartesian coordinate, XX, YY, ZZ, in order to easily explain the focused laser beam 12 focusing in 3D along at least two directions of axes YY and ZZ.
3. The new added limitation “wherein the laser beam passes through an aperture in a housing of the apparatus, and wherein the aperture limits stray light from entering a scattered light collection area of the apparatus, wherein the aperture is integrated into the housing such that they are one part, and wherein the one part is molded or fabricated” has been found in reference of Wanders et al. (U.S. Pub. No. 2014/0273068), (figures 1, 1C, 2, 3, beam from light source 42 passes the opening/aperture 43, wherein the opening/aperture 43 is integrated into the housing of flowcell 22 such that they are one part). Further, the limitation the aperture limits stray light from entering a scattered light collection area of the apparatus is just an intended use as a matter of obvious design choice, and it does not structurally modify the apparatus. In the other words, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).
Grounds for the rejection of claims are provided below as necessitated by amendment.
Continued Examination Under 37 CFR 1.114
4. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/09/26 has been entered.
Claim Objections
5. Claims 28, 31, and claims 32, 33, are objected because these claims are the same. For the purpose of examination, claims 32-33 will not be considered.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 28, 31, is/are rejected under 35 U.S.C. 102 as being unpatentable over North Jr. (U.S. Pat. No. 4,989,977), in view of Wanders et al. (U.S. Pub. No. 2014/0273068). Hereafter “North”, “Wanders”.
Regarding Claim 28, North teaches an apparatus, comprising:
a detection chamber (figure 1, area around focused light region 20 is not different from a detection chamber),
a conduit configured to convey a test fluid to the detection chamber (the following figure 1, element A is not different from a conduit configured to convey a test fluid 16);
a nozzle at an end of the conduit comprising an opening and configured to eject the test fluid into the detection chamber via the opening (the following figure 1, nozzle 18 at an end of the conduit A comprising an opening B); and
a detection system configured to monitor at least one characteristic of the test fluid when it is ejected from the opening of the nozzle (Abstract; Column 3, lines 48-56), and the detection system, comprising:
a laser configured to produce a focused laser beam, wherein the focused laser beam is focused along at least two axes (the following figure 1, light beam 12 is focused along at least two axes: YY and ZZ. Please see the explanation in paragraph 2 above); and
a photodetector configured to detect light scattered from the focused laser beam after the beam hits a particle in the test fluid as the fluid is ejected from the opening of the nozzle (the following figure 1, nozzle 18 has an opening B, and the fluid 16 is ejected from the opening B of the nozzle 18. Photodetector 21; Abstract; Column 3, lines 48-56; Column 4, lines 9-21),
wherein the beam and a nozzle exit of the apparatus intersect at a beam waist of the beam, and wherein the beam waist is the part of the beam that has a narrower width than the width of the nozzle exit and comprises a focus point of the laser beam, (the following figure 1, beam waist E, nozzle exit B. The beam waist E has a narrower width than the width of the nozzle exit B and comprises a focus point 20 of the laser beam 12).
However, North does not teach wherein the laser beam passes through an aperture in a housing of the apparatus, and wherein the aperture limits stray light from entering a scattered light collection area of the apparatus, wherein the aperture is integrated into the housing such that they are one part, and wherein the one part is molded or fabricated. Wanders teaches the laser beam passes through an aperture in a housing of the apparatus, wherein the aperture is integrated into the housing such that they are one part, and wherein the one part is molded or fabricated, (figures 1, 1C, 2, 3, beam from light source 42 passes the opening/aperture 43, wherein the opening/aperture 43 is integrated into the housing of flowcell 22 such that they are one part). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify North by having aperture in order to block unwanted light. Further, the limitation the aperture limits stray light from entering a scattered light collection area of the apparatus is just an intended use as a matter of obvious design choice, and it does not structurally modify the apparatus. In the other words, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).
Regarding Claim 31 North in view of Wanders teach the apparatus according to claim 28 as stated above except for the scattered light is emitted from an intersection of the beam and a nozzle exit of the apparatus at a forward scattered angle, wherein an active area of the photodetector captures the scattered light and after the scattered light is received by the active area, and wherein the active area is an active area of a photodiode of the photodetector configured to capture the scattered light, and wherein the forward scattered angle is between seven and thirty degrees, relative to the collection of the light by the photodiode. North further teaches the scattered light is emitted from an intersection of the beam and a nozzle exit of the apparatus at a forward scattered angle, (the following figure 1, scattered light is emitted from an intersection of the beam 16 and a nozzle exit B is at forward scattered angle), wherein an active area of the photodetector captures the scattered light and after the scattered light is received by the active area, and wherein the active area is an active area of a photodiode of the photodetector configured to capture the scattered light, (the following figure 1, active area of photodetector 21 captures the scattered light C), and wherein the forward scattered angle is between seven and thirty degrees, relative to the collection of the light by the photodiode (the following figure 1, the forward scattered angle of scattered light beam C is between seven and thirty degrees).
8. Claim(s) 1-2, 5-10, 21-22, 25, 34-36, is/are rejected under 35 U.S.C. 102 as being unpatentable over North Jr. (U.S. Pat. No. 4,989,977), in view of Vacca et al. (U.S. Pat. No. 12,399,104), further in view of Wanders et al. (U.S. Pub. No. 2014/0273068). Hereafter “North”, “Vacca”, “Wanders”.
Regarding Claims 1, 34, 35, North teaches an apparatus, comprising:
a detection chamber (figure 1, area around focused light region 20 is not different from a detection chamber),
a conduit configured to convey a test fluid to the detection chamber (the following figure 1, element A is not different from a conduit configured to convey a test fluid 16);
a nozzle at an end of the conduit comprising an opening and configured to eject the test fluid into the detection chamber via the opening (the following figure 1, nozzle 18 at an end of the conduit A comprising an opening B); and
a detection system configured to monitor at least one characteristic of the test fluid when it is ejected from the opening of the nozzle (Abstract; Column 3, lines 48-56), and the detection system, comprising:
a laser configured to produce a focused laser beam, wherein the focused laser beam is focused along at least two axes (the following figure 1, light beam 12 is focused along at least two axes: YY and ZZ. Please see the explanation in paragraph 2 above); and
a photodetector configured to detect light scattered from the focused laser beam after the beam hits a particle in the test fluid as the fluid is ejected from the opening of the nozzle (the following figure 1, nozzle 18 has an opening B, and the fluid 16 is ejected from the opening B of the nozzle 18. Photodetector 21; Abstract; Column 3, lines 48-56; Column 4, lines 9-21),
wherein an active area of the photodetector captures the scattered light and after the scattered light is received by the active area, (the following figure 1, active area D of photodetector 21 captures the scattered light C)
However, North does not teach the corresponding signal derived from the capturing of the light is amplified and processed by at least an analog-to-digital converter (ADC). Vacca teaches the corresponding signal derived from the capturing of the light is amplified and processed by at least an analog-to-digital converter, (column 10, lines 43-58; Column 28, lines 14-18). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify North by having an analog-to-digital converter in order to convert analog signal to digital signal for processing light signal (Vacca, column 10, lines 43-58; Column 28, lines 14-18).
Moreover, North in view of Vacca do not teach wherein the laser beam passes through an aperture in a housing of the apparatus, and wherein the aperture limits stray light from entering a scattered light collection area of the apparatus, wherein the aperture is integrated into the housing such that they are one part, and wherein the one part is molded or fabricated. Wanders teaches the laser beam passes through an aperture in a housing of the apparatus, wherein the aperture is integrated into the housing such that they are one part, and wherein the one part is molded or fabricated, (figures 1, 1C, 2, 3, beam from light source 42 passes the opening/aperture 43, wherein the opening/aperture 43 is integrated into the housing of flowcell 22 such that they are one part). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify North and Vacca by having aperture in order to block unwanted light. Further, the limitation the aperture limits stray light from entering a scattered light collection area of the apparatus is just an intended use as a matter of obvious design choice, and it does not structurally modify the apparatus. In the other words, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).
Regarding Claim 2, North as modified by Vacca and Wanders teaches the apparatus according to claim 1 as stated above except for the opening of the nozzle is circular, and wherein the beam diameter of the focused laser beam is smaller than the diameter of the opening. North further teaches the opening of the nozzle is circular, and wherein the beam diameter of the focused laser beam is smaller than the diameter of the opening (the following figure 1, the opening B of the nozzle 18 is circular, beam diameter of the focused laser beam E, at region 20, is smaller than the diameter of the opening B of nozzle 18).
Regarding Claims 5, 6, North as modified by Vacca and Wanders teaches the apparatus according to claim 1 as stated above except for the beam diameter of the focused laser beam is smaller than the largest width and smallest width across the opening of the nozzle. North further teaches the beam diameter of the focused laser beam is smaller than the largest width and smallest width across the opening of the nozzle (the following figure 1, the beam diameter of the focused laser beam E, at region 20, is smaller than the largest width and smallest width across the opening B of the nozzle 18).
Regarding Claim 7, North as modified by Vacca and Wanders teaches the apparatus according to claim 1 as stated above except for the beam diameter of the focused laser beam is smaller than the stream diameter of the stream of the test fluid as the laser beam intersects the stream. North further teaches the beam diameter of the focused laser beam is smaller than the stream diameter of the stream of the test fluid as the laser beam intersects the stream, (figure 1, the beam diameter of the focused laser beam E, at the region 20, is smaller than the stream diameter of the stream of the test fluid 16 as the laser beam 12 intersects the stream 16 at the region 20).
Regarding Claim 8, North as modified by Vacca and Wanders teaches the apparatus according to claim 1 as stated above except for the beam cross-section area of the focused laser beam, at the intersection of the stream, is smaller than the cross-section area of the stream of the test fluid. North further teaches the beam cross-section area of the focused laser beam, at the intersection of the stream, is smaller than the cross-section area of the stream of the test fluid (the following figure 1, the beam cross-section area of the focused laser beam E, at the region 20, is smaller than the cross- section area of the stream of the test fluid 16).
Regarding Claim 9, North as modified by Vacca and Wanders teaches the apparatus according to claim 1 as stated above except for the photodetector comprises a lensless light scatter collection system. North further teaches the photodetector comprises a lensless light scatter collection system (figure 1, detector 21).
Regarding Claim 10, North as modified by Vacca and Wanders teaches the apparatus according to claim 1 as stated above except for the opening and at least another part of the nozzle are in the detection chamber. North further teaches the opening and at least another part of the nozzle are in the detection chamber (the following figure 1, the opening B and at least another part of the nozzle 18 are in the area around focused light region 20, this area is not different from a detection chamber).
Regarding Claim 22, North as modified by Vacca and Wanders teaches the apparatus according to claim 1 as stated above except for the beam and a nozzle exit of the apparatus intersect at a beam waist of the beam, and wherein the beam waist is the part of the beam that has a narrower width than the width of the nozzle exit and comprises a focus point of the laser beam. North further teaches the beam and a nozzle exit of the apparatus intersect at a beam waist of the beam, and wherein the beam waist is the part of the beam that has a narrower width than the width of the nozzle exit and comprises a focus point of the laser beam (the above figure 1, beam waist E, nozzle exit B. The beam waist E has a narrower width than the width of the nozzle exit B and comprises a focus point 20 of the laser beam 12).
Regarding Claims 21, 25, as modified by Vacca and Wanders teaches the apparatus according to claims 1 and 22 as stated above except for the active area is an active area of a photodiode of the photodetector configured to capture the scattered light. North further teaches the active area is an active area of a photodiode of the photodetector configured to capture the scattered light (the following figure 1, active area D of photodetector 21 captures the scattered light C).
Regarding Claim 36 as modified by Vacca and Wanders teach the apparatus according to claim 1 as stated above except for the scattered light is emitted from an intersection of the beam and a nozzle exit of the apparatus at a forward scattered angle, wherein the active area is an active area of a photodiode of the photodetector configured to capture the scattered light, and wherein the forward scattered angle is between seven and thirty degrees, relative to the collection of the light by the photodiode. North further teaches the scattered light is emitted from an intersection of the beam and a nozzle exit of the apparatus at a forward scattered angle, (the following figure 1, scattered light is emitted from an intersection of the beam 16 and a nozzle exit B is at forward scattered angle), wherein an active area of the photodetector captures the scattered light and after the scattered light is received by the active area, and wherein the active area is an active area of a photodiode of the photodetector configured to capture the scattered light, (the following figure 1, active area of photodetector 21 captures the scattered light C), and wherein the forward scattered angle is between seven and thirty degrees, relative to the collection of the light by the photodiode (the following figure 1, the forward scattered angle of scattered light beam C is between seven and thirty degrees).
9. Claim(s) 3, 4, is/are rejected under 35 U.S.C. 103 as being unpatentable over North Jr. (U.S. Pat. No. 4,989,977), in view of Vacca et al. (U.S. Pat. No. 12,399,104), further in view of Wanders et al. (U.S. Pub. No. 2014/0273068), and further in view of Richard Terence et al. (U.S. Pat. No. 3,568,933). Hereafter “North”, “Vacca”, “Wanders”, “Richard”.
With regard to claims 3, 4, North in view of Vacca and Wanders teach all the limitations of claim 1 as stated above except for the opening of the nozzle is oval, and wherein the beam diameter of the focused laser beam is smaller than the largest/smallest diameter of the opening. North further teaches the beam diameter of the focused laser beam is smaller than the largest/smallest diameter of the opening (figure 1, the beam diameter of the focused laser beam E, at the region 20, is smaller than the largest/smallest diameter of the opening of nozzle 18). Although North in view of Vacca and Wanders do not teach the opening of the nozzle is oval. Richard teaches the opening of the nozzle is oval, (column 8, lines 21-24). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify North in view of Vacca and Wanders by having opening of the nozzle is oval in order to produce a spray having a generally oval shape (Richard, column 8, lines 21-24).
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Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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May 5, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877
Prosecution Insights