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 .
Response to Arguments
Applicant’s amendments, filed November 27th, 2025, overcome all previous rejections under 35 U.S.C. 112(b). Accordingly, the rejection of claims 10-11, 13 and 15 under 35 U.S.C.112(b) has been withdrawn.
Applicant’s amendments have overcome the rejection under 35 U.S.C. 102 as being anticipated by Ben-Oren et al. (US 7,063,667). Therefore this rejection has been withdrawn. However, upon further consideration, a new rejection is made below. It is noted that Ben-Oren does disclose in the embodiment of fig. 5 that the multi-chamber cuvette for fluid or gas analysis is an extruded part (see column 13, lines 39-41), but is silent to the extruded part being a single piece.
Further, applicant's arguments filed November 27th 2025 against the particulars of Ben-Oren et al. (US 7,063,667) have been fully considered but they are not persuasive.
Applicant has amended claims 1 and 18 to include the language, “wherein the at least two measurement chambers comprise at least a first measurement chamber and a second measurement chamber, and wherein the multi-chamber cuvette is a single- piece extruded part”. Applicant then argues that because Ben-Oren teaches measurement chambers that are “physically spaced apart in separate tubes”, this could not be a single piece extruded part (pages 13-14 of the remarks). It appears applicant is equating the language of a single piece extruded part as being one that requires the measurement chambers to be side by side. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the absorption chambers not spaced apart) 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).
The claim refers to an extruded part. As is well-known in the art, extruded parts can be extruded from dies to form very complex parts, including single pieces with chambers spaced apart from each other, and other shapes (see cited prior art below for example). Thus the amended limitation of “a single-piece extruded part” is not so limited to have the two measurement chambers be side by side.
Applicant then appears to argue that the measuring chambers could not be configured as a single piece due to the presence of the tube 46 (bottom of page 14). However, this is not found persuasive. Even with applicant’s own invention (see for example fig. 2 of the current application), a single piece extruded part would be required to still have inlet and outlet connectors (7 and 8) that would be connected to outside tubes so that fluid or gas could be introduced into and out of the chambers. In the same manner, if Ben-Oren was to be made of a single piece extruded part, similar inlet/outlets could be used to connect the two chambers such as described with respect to embodiment of fig. 11.
Applicant further argues that the different chambers are significantly spaced apart from one another, and could not function together as intended as a single piece cuvette, since doing so would require either resizing one or both of the sample cuvettes, and would require the sample gas to be exposed to light of two different wavelengths, and refers to fig. 11 to provide proof of this (pages 15-16 of the arguments). Applicant appears to be arguing that making the multi-chamber cuvette of Ben-Oren to be made of a single piece extruded part would break the device as it would require extensive modification. However, this is not found persuasive. Again, it is noted that there is no requirement in the claims on the size of the single piece extruded part, nor a requirement for the cuvettes in the single piece are spaced side by side to each other. Further, it is noted that fig. 11 does not appear to be a dimensionally accurate schematic and does not limit the measurement chambers to particular spacings. Indeed, Ben-Oren discloses several times that the cuvettes should all be placed in a compact construction, and can be built into a block of aluminum (fig. 2, and column 16, lines 46-56). Further, Ben-Oren repeatedly discloses having the chambers close together, in order to allow for a compact construction, and to allow all chambers to be thermally equal to each other. For example, in fig. 4, Ben-Oren discloses a shunt of conductive metal 47 to allow the chambers to be in thermal equilibrium with each other (column 17, lines 7-27), and fig. 5 discloses the chambers being extruded sections of steel tube that appear to be touching to allow for compact and low-cost construction of the chambers (column 17, lines 28-37). In light of these teachings, it appears that Ben-Oren’s spectrometer is intended to work in a compact construction, and further, would benefit from being made of a single piece extruded part, since it would not require the shunt of conductive material to keep the chambers in thermal equilibrium with each other. Because of this, rejections using Ben-Oren appear to be proper, and will be maintained.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, and 3-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ben-Oren et al. (US 7,063,667).
In regards to claims 1 and 18, Ben-Oren discloses a spectroscopic analysis apparatus and method for the spectroscopic analysis of fluid or gas using a multi-chamber cuvette (figs. 11 or 14) comprising a multi-chamber cuvette for fluid or gas analysis, wherein the multi-chamber cuvette comprises at least two measurement chambers into which fluid or gas can be introduced for analysis, wherein the at least two measurement chambers comprise at least a first measurement chamber and a second measurement chamber (reference chambers, null chambers, and sample chambers of fig. 11 or 13c and 12c of fig. 14), wherein the at least two measurement chambers are optically separated from one another (as there is no structure defined for this limitation within the claim, it appears that the separation of the two sets of chambers of fig. 11, and the filters 146 separating the light into respective detectors 12c and 13c of fig. 14, both meet these limitations), wherein an illumination device is provided that is configured to generate light and to couple the light into the at least one first and second measurement chamber (12c/13c lamp), and wherein a detection device is provided that is configured to measure an intensity of the light radiated by the fluid or gas (detector and 12C/13C detectors) in the first measurement chamber for a first wavelength and to generate a first measurement result and that is further configured to measure an intensity of the light radiated by the fluid or gas in the second measurement chamber for a second wavelength and to generate a second measurement result (inherent to measure intensity using PbSe detector as described in column 16, lines 35-45), wherein the first wavelength and second wavelength are different (column 18, lines 45-64 discloses two lamps, one for each isotope, and column 8, lines 15-20 and column 9, lines 26-30 discloses using wavelength filters, one for each of the isotopes measured, thus both embodiments inherently disclose the use of different wavelengths). Ben-Oren is silent in these embodiments of the multi-chamber cuvette being an extruded part. However, in fig. 5, it is disclosed that the multi-chamber cuvette is an extruded part (52 and column 17, lines 28-35) which is used in order to provide compactness, high strength, and low cost. Therefore, it would be obvious to one of ordinary skill in the art to have the embodiments of figs. 11 and 14 also have the multi-chamber cuvette be an extruded part, as taught by the embodiment of fig. 5, in order to allow the system to be compact, high strength and low cost.
Ben-Oren is silent to the extruded multi-chamber cuvette being a single-piece part. However, as discussed above, it is disclosed that the device should be compact, and that the chambers benefit from the chambers being in thermal equilibrium with each other (column 17, lines 13-20). Further, the examiner takes official notice that it is known in the art of flow cells, to extrude multiple flow chambers from a single extruded piece (see prior art below). Finally, integrating the pairs of extruded chambers would merely be a matter of obvious engineering choice (In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)). Therefore, it would be obvious to one of ordinary skill in the art to have the multi-chamber cuvette of Ben-Oren be a single-piece extruded part, as it is known in the art to do, as it would merely be a matter of obvious engineering choice, and in order to allow the chambers to benefit from being in thermal equilibrium with each other, as taught by Ben-Oren.
In regards to claim 3, the detection device is configured to generate the first measurement result and the second measurement result in parallel (column 32-33, claims 1-3).
In regards to claim 4, the multi-chamber cuvette comprises at least a first reference measurement chamber and a second reference measurement chamber (fig. 11, ref chamber on the left and ref chamber on right), wherein the illumination device is configured to couple light into the at least one first and second reference measurement chambers (as can be seen in fig. 11), and wherein the detection device is configured: a) to measure an intensity of the light radiated through the first reference measurement chamber for the first wavelength and to generate a first reference measurement result (via detector on left); and b) to measure an intensity of the light radiated through the second reference measurement chamber for the second wavelength and to generate a second reference measurement result (via detector on right).
In regards to claim 5, the first and the second reference measurement chambers are optically separated from one another (as noted above, as there is no structure claimed for this limitation, it appears that the separation, which can be seen in fig. 11, would satisfy this claim limitation) and optically separated from the first and the second measurement chamber (as noted above, as there is no structure claimed for this limitation, it appears that the chopper of fig. 12, or the filters of fig. 14 optically separate the chamber light from one another).
In regards to claim 6, the detection device is configured to compensate the first measurement result with the first reference measurement result, and wherein the detection device is configured to compensate the second measurement result with the second reference measurement result (column 4, lines 5-17 discloses each reference cell is in close thermal and physical contact with each sample cell and column 29, lines 35-46 discloses comparing and compensating the sample measurement with the reference measurement).
In regards to claim 7, the detection device is configured to average the first measurement result over time and to average the second measurement result over time (column 16, lines 46-63).
In regards to claim 8, the first reference measurement chamber: a) is free of the fluid or gas to be analyzed; or b) comprises a reference fluid or a reference gas; and wherein the second reference measurement chamber: a) is free of the fluid or gas to be analyzed; or b) comprises a reference fluid or a reference gas (column 17, lines 8-13, and column 18, lines 46-51).
In regards to claim 9, the first measurement chamber and the first reference measurement chamber are designed identically to one another (as can be seen in fig. 11) and/or wherein the second measurement chamber and the second reference measurement chamber are designed identically to one another (as can be seen in fig. 11), and/or wherein the at least one first measurement chamber and the second measurement chamber are designed identically to one another and/or wherein the at least one first reference measurement chamber and the second reference measurement chamber are designed identically to one another.
In regards to claims 10 and 11, Ben-Oren discloses the spectroscopic analysis apparatus with a first and second reference chambers, as discussed above with regards to fig. 4 (fig. 11). Ben-Oren is silent in this particular embodiment to a first filter arrangement is provided and is configured to filter out wavelengths from the light generated by the illumination device and/or wherein a second filter arrangement is provided and is configured to filter out wavelengths from the light generated by the illumination device and the illumination device is configured to generate a broadband light that at least includes light of the first and the second wavelength. However, in another embodiment (fig. 14) Ben-Oren discloses a first filter arrangement (146) is provided and is configured to filter out wavelengths from the light generated by the illumination device so that the light (13C) only includes the first wavelength (13C) and/or wherein a second filter arrangement (146) is provided and is configured to filter out wavelengths from the light generated by the illumination device so that the light (12C) only includes the second wavelength and the illumination device (142) is configured to generate a broadband light that at least includes light of the first and the second wavelength (column 19, lines 35-51). This is done in order to reduce effects that the two measurement light sources would have on the measurement accuracy (column 19, lines 40-45). Therefore, it would be obvious to one of ordinary skill in the art to modify the other embodiment of Ben-Oren (fig. 11) such that a first filter arrangement is provided and is configured to filter out wavelengths from the light generated by the illumination device so that the light only includes the first wavelength and/or wherein a second filter arrangement is provided and is configured to filter out wavelengths from the light generated by the illumination device so that the light only includes the second wavelength and the illumination device is configured to generate a broadband light that at least includes light of the first and the second wavelength, as is generally taught by the second embodiment of Ben-Oren (fig. 14) which would allow all of the measurement and reference chambers to receive light from a single lamp, in order to reduce effects the two measurement light sources would have on the measurement accuracy.
Ben-Oren is silent to the filters being arranged in front of the chambers so that the light that is radiated through the first measurement chamber and through the first reference measurement chamber only includes the first wavelength, and so that the light that is radiated through the second measurement chamber and through the second reference measurement chamber only includes the second wavelength. However, the examiner takes official notice that moving filters from after a sample to before a sample is very well known in the art, and is done in order to allow a specific wavelength of light to interact with the sample vs. all the light interacting with the sample.
Therefore, it would be obvious to one of ordinary skill in the art to move the filters of Ben-Oren such that light that is radiated through the first measurement chamber and through the first reference measurement chamber only includes the first wavelength, and so that the light that is radiated through the second measurement chamber and through the second reference measurement chamber only includes the second wavelength, as this is well-known to do, and in order to allow a specific wavelength of light to interact with the sample vs. all the light interacting with the sample.
In regards to claim 12, the illumination device comprises at least a first and a second light source (112 and 1114), wherein the first light source is configured to generate light with only the first wavelength, wherein the at least one first light source is configured to couple the generated light into the first measurement chamber and into the first reference measurement chamber, and wherein the second light source is configured to generate light with only the second wavelength, wherein the at least one second light source is configured to couple the generated light into the second measurement chamber and into the second reference measurement chamber (as can be seen in fig. 11).
In regards to claim 13, Ben-Oren discloses the illumination device (fig. 11, 112 and 114) is configured to couple light with the first wavelength centrally into the first measurement chamber (sample on left) and into the first reference measurement chamber (reference on left) and to couple light with the second wavelength centrally into the second measurement chamber (sample on right) and into the second reference measurement chamber (reference on right). Ben-Oren is silent to the central coupling in takes place via a first and second optical waveguides that is arranged at the center of a first end face of the respective measurement chamber or reference measurement chamber. However, the examiner takes official notice that it is very well-known in the art to couple light from a light source into a chamber using an optical waveguide, which allows for more efficient coupling, and more flexibility in the location of the light source to the chamber. Therefore, it would be obvious to one of ordinary skill in the art to include into Ben-Oren optical waveguides such that to the central coupling in takes place via a respective optical waveguide that is in each case arranged at the center of a first end face of the respective measurement chamber or reference measurement chamber, as this is well-known to do, and in order to allow for more efficient coupling, and more flexibility in the location of the light source to the chamber.
In regards to claim 14, the illumination device comprises at least a first light source (fig. 11 112) that is configured to generate a first light with the first wavelength (12c), and wherein the illumination device comprises at least a second light source (114) that is configured to generate a second light with the second wavelength (13c), wherein the first light source is arranged directly at the first measurement chamber and the first reference measurement chamber such that the generated first light radiates into both the first measurement chamber and the first reference measurement chamber (as can be seen in fig. 11) or is arranged spaced apart from the first measurement chamber and the first reference measurement chamber so that the generated first light can be fed via a respective first optical waveguide to the first measurement chamber and the first reference measurement chamber, and wherein the second light source is arranged directly at the second measurement chamber and the second reference measurement chamber such that the generated second light radiates into both the second measurement chamber and the second reference measurement chamber (as can be seen in fig. 11) or is arranged spaced apart from the second measurement chamber and the second reference measurement chamber so that the generated second light can be fed via a respective second optical waveguide to the second measurement chamber and the second reference measurement chamber.
In regards to claim 15, wherein the first measurement chamber and the first reference measurement chamber each comprise a photodiode or a pyroelectric detector or an image sensor or an optopneumatic detector (column 16, lines 35-36, column 18, lines 52-59 and as can be seen in fig. 11); and/or wherein the second measurement chamber and the second reference measurement chamber, each comprise a photodiode or a pyroelectric detector or an image sensor or an optopneumatic detector (column 16, lines 35-36, column 18, lines 52-59 and as can be seen in fig. 11). It is noted that the claim language does not specifically require the measurement and reference chambers to have a different photodiode or a pyroelectric detector or an image sensor or an optopneumatic detector from each other, therefore this limitation is met by the current reference. However, even if this were construed to mean different detectors for each chamber, this appears to be an obvious variant to what is disclosed in Ben-Oren, as evidenced by applicant’s own disclosure as different embodiments of the same detection system from original claim 15, and would be done to allow each measurement from the chamber to be received and detected simultaneously.
In regards to claim 16, the spectroscopic analysis apparatus is configured a) to feed the same fluid or the same gas to the first measurement chamber and the second measurement chamber (via the port between the sample chambers in fig. 11); or b) to feed a different fluid or a different gas to the first measurement chamber and the second measurement chamber.
In regards to claim 17, the spectroscopic analysis apparatus is free of a chopper wheel and/or a filter wheel (it is noted that no filter wheel is used in this embodiment. Further column 19, lines 55-61 discloses that modulation can occur using either a chopper wheel or lamp modulation. When in lamp modulation, the apparatus would be free of a chopper wheel).
In regards to claim 19, the spectroscopic analysis apparatus further comprises a common first image sensor configured to simultaneously receive the light radiated through the first measurement chamber and the light radiated through the first reference measurement chamber (column 16, lines 35-36, column 18, lines 52-59 and as can be seen in fig. 11 and claim 21); and/or a common second image sensor configured to simultaneously receive the light radiated through the second measurement chamber and the light radiated through the second reference measurement chamber (column 16, lines 35-36, column 18, lines 52-59 and as can be seen in fig. 11 and claim 21).
In regards to claim 20, Ben-Oren is silent to the spectroscopic analysis apparatus further comprises a common image sensor configured to simultaneously receive the light radiated through the first and second measurement chambers and the light radiated through the first and second reference measurement chambers. However, this appears to be an obvious variant of what is disclosed in Ben-Oren, as evidenced by applicant’s own disclosure as different embodiments of the same detection system from original claim 15, and further, Ben-Oren generally teaches that by replacing multiple detectors with a single detector, a further reduction of sensitivity to external and environmental conditions can be achieved (⁋ bridging columns 19-20). Therefore, it would be obvious to one of ordinary skill in the art to have the embodiment of Ben-Oren (fig. 11) further comprise a common image sensor configured to simultaneously receive the light radiated through the first and second measurement chambers and the light radiated through the first and second reference measurement chambers, as this appears to be an obvious variant, and in order to reduce the sensitivity of the system to external and environmental conditions.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record is Munk et al. (6199257), Lynch (5521384), Wong (7176460), Guo et al. (11198121), Indermuhle et al. (20140170737), Weyrauch et al. (5314825).
Munk, Lynch, and Wong all disclose extruded flow cells.
Guo (fig. 10a and column 55, line 56-column 56, line 13), Indermuhle (⁋ 23), and Weyrauch (fig. 9-10) disclose multi-chamber cuvettes in a single piece extruded part.
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 KARA E GEISEL whose telephone number is (571)272-2416. The examiner can normally be reached Monday-Friday 10am-6pm.
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/KARA E. GEISEL/
Art Unit 2877