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 prior art documents submitted by applicant in the Information Disclosure Statements filed on March 15, 2024 have all been considered and made of record (note the attached copies of form PTO-1449).
Drawings
(18) Sheets of drawings are accepted by the examiner
Specification
Applicant's cooperation is requested in correcting any errors of which applicant may become
aware in the specification.
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.
Claim 15 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 claim 15, the limitation “a reflective surface” renders the claim indefinite because it is unclear whether this “reflective surface” corresponds to “the at least one reflective surface” or another “reflective surface” associated with “the at least one optical element” recited in claim 1, OR whether the claimed “a reflective surface” belongs to an optical element that is different from “the at least one optical element” of claim 1. If the “reflective surface” of claim 15 is another reflective surface of the same optical element recited in claim 1, then the claim/disclosure fails to clearly define what portion of the optical element the reflective surface is disposed and/or how this additional reflective surface performs the claimed redirection of light, as claim 1 already requires at least one optical element and does not clearly distinguish the additional functional role of the reflective surface. If the “reflective surface” of claim 15 is part of an optical element other than the “at least one optical element” of claim 1, then the claims fail to distinctly recite this additional optical element. For the purpose of examination, “a reflective surface” of claim 15 will be interpreted as a reflective surface of another optical element different from the optical element recited in claim 1 as disclosed in figs. 8-12 of Applicant’s disclosure.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6-8, 10, 18, and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hauer et al (US5600741), hereafter Hauer.
Regarding Claim 1, Hauer discloses an optical assembly (Figure 4. Light emitting board) comprising: at least one housing (Figure 1. Carrier substrate 11); and at least one optical element (8 in figure 1) disposed at least partially within the at least one housing (11 in Figure 1) and having at least one curved surface and at least one reflective surface (Figure 3. Column 4 lines 58-61), wherein the at least one optical element (8) is configured to direct a first optical radiation (51 in figure 3) incident on a first portion of the at least one curved surface (81 in figure 3) to exit a second portion of the at least one curved surface after at least partially reflecting from at least a portion of the at least one reflective surface (Figure 3), wherein the optical radiation incident on the first portion of the at least one curved surface has a first direction of propagation along a first optical axis (51) and the optical radiation exiting the second portion of the at least one curved surface has a second direction of propagation along a second optical axis (52), wherein the second direction of propagation is different from the first direction of propagation (Figure 3).
Regarding Claim 2, Hauer discloses an optical assembly of claim 1. Hauer further discloses the angle between the first optical axis and the second optical axis is between 10° and 170° (Figure 3 clearly shows the first optical axis (51) and the second optical axis (52) forms a light incidence angle between 10° and 170°).
Regarding Claim 3, Hauer discloses an optical assembly of claim 1. Hauer further discloses the at least one optical element comprises a single optical element (8 in figure 1).
Regarding Claim 4, Hauer discloses an optical assembly of claim 1. Hauer further discloses at least one optical element is selected from the group consisting of a half ball lens, a hyper-hemispherical lens, a hypo-hemispherical lens, a hemi-ellipsoidal lens or a hemispherical lens (8 in figure 1 is a hemispherical lens).
Regarding Claim 6, Hauer discloses an optical assembly of claim 1. Hauer further discloses at least one optical element (8 in figure 1) is further configured to direct optical radiation incident on the second portion of the at least one curved surface to exit the first portion of the at least one curved surface after at least partially reflecting or refracting from at least a portion of the reflective surface (Figure 5. Column 8 lines 13-22), wherein the optical radiation incident on or exiting the first portion of the at least one curved surface has a first direction of propagation and the optical radiation incident on or exiting the second portion of the at least one curved surface has a second direction of propagation, wherein the second direction of propagation is different from the first direction of propagation (Figure 5. Column 8 lines 13-22).
Regarding Claim 7, Hauer discloses an optical assembly of claim 1. Hauer further discloses at least one reflective surface comprises at least one reflecting layer disposed over at least a portion of the at least one reflective surface (Column 5 lines 19-22). A silvered surface is interpreted as a mirror coating (like silver) that reflects light.
Regarding Claim 8, Hauer discloses an optical assembly of claim 1. Hauer further discloses at least one reflecting layer comprises at least one of a dichroic mirror, a total internal reflection mirror, at least one metal film, and at least one dielectric film or coating (Column 5 lines 19-22).
Regarding Claim 10, Hauer discloses an optical assembly of claim 1. Hauer further discloses least one optical element is configured to collimate the beam of optical radiation exiting the second portion of the at least one curved surface (Column 3 lines 43-45).
Regarding Claim 18, Hauer discloses the optical assembly of claim 1. Hauer further discloses a first optical waveguide (1 in figure 4) having a first end and a second end, wherein the second end is at least partially disposed within the at least one housing (Figure 4), and wherein the first optical waveguide configured to: allow a first optical radiation to propagate from the first end to the second end (Figure 4); and allow a second optical radiation to propagate from the second end (Figure 5. Column 8 lines 13-22), wherein the second end of the first optical waveguide is in optical communication with the first portion of the at least one curved surface (Figure 5).
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Regarding Claim 21, Hauer disclose an optical assembly of claim 1. Hauer further discloses rotating joint configured to allow the first optical waveguide to rotate in a plane orthogonal to the first direction of propagation (Figure 5. Column 7 lines 30-lines 61).
Regarding Claim 22, Hauer discloses an optical assembly (Figure 4. Light emitting board) comprising: a housing (Figure 1. Carrier substrate 11); a first optical waveguide ( 1 in figure 4) defining a first optical axis, wherein the first optical waveguide includes a first end and a second end (1 in figure 4), the second end at least partially disposed within the housing (Figure 4), wherein the first optical waveguide is configured to allow a first optical radiation to propagate from the first end to the second end (Figure 4); and to allow a second optical radiation to propagate from the second end to the first end (Figure 5. Column 8 lines 13-22); a first optical port through which the first optical radiation may propagate; a second optical port through which the second optical radiation may propagate (Figure 5); at least one optical element comprising at least one curved surface and at least one reflective surface (Figure 3), wherein: the second end of the first optical waveguide is in optical communication with a first portion of the at least one curved surface of the at least one optical element (Figure 4); the first optical ports is in optical communication with a first portion of the at least one curved surface of the at least one optical element; the second optical port is in optical communication with a second portion of the at least one curved surface of that at least one optical element (Figure 5); at least a portion of the first portion of the at least one curved surface is different from at least a portion of the second portion of the at least one curved surface; and the at least one optical element is configured to direct the first optical radiation from the first optical waveguide to the second optical port (Figure 4) and direct the second optical radiation from the second optical port to the first optical waveguide (Figure 5).
Regarding Claim 23, Hauer/Peterson disclose an optical assembly of claim 23. Hauer further discloses rotating joint configured to allow the first optical waveguide to rotate in a plane orthogonal to the first direction of propagation (Figure 5. Column 7 lines 30-lines 61).
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 5, 11, 12,19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hauer et al (US5600741), here after Hauer, as applied to claim 1 above.
Regarding Claim 5, Hauer discloses an optical assembly of claim 1. Hauer teaches an optical element (hemispherical lens 8 in figure 1) but fails to teach the optical element selected from materials consisting of silica, fused silica, soda lime glass, borosilicate glass, sapphire, aluminum nitride, silicone (RTV), color glass, IR/UV optical materials (Silicon, Zinc sulfide, Germanium, Arsenic trisulfide, Barium fluoride, Calcium fluoride, Magnesium fluoride, Zinc Selenide, silicon carbide, or plastic.
However, it is well-known in the art that hemispherical lenses are commonly fabricated from materials optimized for specific spectral ranges, including Fused Silica, Silicon, Germanium, Calcium Fluoride, Zinc Selenide, Sapphire, Ruby, and BK7 glass.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to fabricate the hemispherical lens of Hauer with standard optical substrates as listed above. A person of ordinary skill in the art would be motivated to use of the substrates bases on wavelength, durability and thermal performance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 11, Hauer discloses an optical assembly of claim 1. Hauer discloses a curved optical element configured to redirect optical radiation between different optical axes (Figure 3). Hauer fails to disclose at least one optical element is configured to focus the beam of optical radiation at a distance from the second portion of the at least one curved surface, wherein the focal length of the at least one optical element is between 1mm and 350mm.
However, a curved optical element that redirects optical radiation necessarily possesses focusing characteristics defined by its curvature and refractive or reflective properties.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art that a curved optical element configured to redirect optical radiation inherently focuses the radiation at a distance determined by the curvature of the optical surface. Thus, configuring the optical element of Hauer such that the optical radiation is focused at a distance from the curved surface is an inherent optical property of the disclosed structure. The recited focal length range of 1mm to 350mm represents a broad range encompassing routine focal distances achievable by curved optical elements of varying curvature and size, and does not impose a structural limitation beyond the inherent focusing behavior of the curved optical element disclosed by Hauer. Further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art (In re Aller, 105 USPQ 233) and since such a modification would have involved a mere change in the size of a component, and a change in size is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237,CCPA 1955).
Regarding Claim 12, Hauer discloses an optical assembly of claim 1. Hauer further discloses an optical assembly integrated within a housing configured to support optical elements that redirect optical radiation between different optical axes (Figure 1-5). Hauer fails to disclose a dimension of the at least one housing perpendicular to the first direction of propagation is 6mm or less.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to select such a housing dimension as a matter of routine dimensional optimization based on packaging constraints, component scaling, and systems integration requirements. Limiting the housing dimension perpendicular to the direction of optical propagation to 6mm or less does not alter the structure or operation of the optical assembly as disclosed by Hauer, but instead represents a predictable scaling choice consistent with the compact optical assemblies taught therein. In addition, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art (In re Aller, 105 USPQ 233) and since such a modification would have involved a mere change in the size of a component, and a change in size is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237,CCPA 1955).
Regarding Claim 19, Hauer discloses an optical assembly of Claim 1. Hauer further discloses a fiber optic waveguide (waveguide 1. Column 7 lines 4-7), which inherently having a light-guiding structure or light pipe. Hauer fails to disclose at least one fiber bundle.
However, implementing the waveguide as a fiber bundle rather than a single fiber represents a known and predictable variation that does not alter the spatial relationship between the guiding regions and the optical element. Therefore, before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to replace the single fiber waveguide with a fiber bundle in the optical assembly Hauer to increase the intensity of the transmitted optical radiation, as fiber bundles are a known equivalent to single fibers for light transmission in optical systems.
Regarding Claim 20, Hauer disclosed an optical assembly of Claim 1. Hauer further discloses an optical rod. The optical waveguide necessarily includes a guiding region (core) configured to transmit optical radiation; Such a guiding region constitutes an optical rod or light-guiding structure. The guiding regions of waveguides are disposed between the fiber input and the optical element, as optical radiation must propagate through the guiding regions to reach the optical element.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hauer et al (US5600741), hereafter Hauer, as applied to claim 1 above, and in further view of Kartashov et el. (US12066619B20, hereafter Kartashov.
Regarding Claim 9, Hauer discloses an optical assembly of claim 1. Hauer teaches a reflective surface (Figure 3 Column 4 lines 58-61). Hauer fails to teach an interferometric structure disposed over at least a portion of the reflective surface.
Kartashov et al. teaches a dichroic mirror (102) to provide a spectral band pass filter (Column 10 lines 18-21). A dichroic mirror is interpreted as an interferometric structure as they both operate to selectively reflect and transmit light based on its wavelength.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the reflective surface of Hauer by incorporating the dichroic mirror by Kartashov to enhance functionality in reflective optical system.
Claims 13, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hauer et al (US5600741), hereafter Hauer, as applied to claim 1 above, and further in view of Principles of Fluorescent Spectroscopy third edition (2006) by Lakowicz, hereafter Lakowicz.
Regarding Claim 13, Hauer discloses an optical assembly of claim 1. Hauer further discloses an optical assembly configured to direct optical radiation between different optical axes (Figures 1-5). Hauer fails to teach an optical radiation source configured to emit a first optical radiation or an outgoing signal having a first spectral power distribution; and a detector configured to measure a second optical radiation or a returning signal having a second spectral power distribution, wherein the first optical radiation or outgoing signal is incident on the first portion of the at least one curved surface and the second optical radiation or returning signal exits the first portion of the at least one curved surface.
Lakowicz teaches general optical measurement systems in which an optical radiation source emits optical radiation toward a sample or target and a detector measures optical radiation returned from or modified by interaction with the target (Ch2.1-2.2 pg. 27-34. Fig 2.3).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to provide the optical assembly of Hauer with an optical radiation source and detector as taught by Lakowicz in order to enable optical emission a detection for sensing or measurement
Regarding Claim 14, Hauer discloses an optical assembly of claim 1. Hauer fails to disclose the first spectral power distribution is different from the second spectral power distribution.
Lakowicz teaches that in optical measurement systems, the spectral characteristics of detected optical radiation commonly differ from those of emitted optical radiation due to the interaction with a target, optical filtering, wavelength-dependent reflection, absorption, scattering, or spectral selectivity of the detector (Ch2.1-2.2 pg. 27-34. Fig 2.3).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to provide the optical assembly of Hauer with an optical radiation source and detector as taught by Lakowicz; the detected optical radiation may exhibit a spectral power distribution different from that of the emitted optical radiation. The recited spectral distinction therefore reflects a known and expected characteristic of optical measurement systems, that a new structural or functional limitation.
Regarding Claim 15, Hauer discloses an optical assembly of claim 1. Hauer further discloses a reflective surface (Column 6. Lines 63-66). Hauer fails to disclose, wherein the reflective surface is configured to reflect at least a portion of optical radiation exiting from the second portion of the at least one curved surface and direct it back into the second portion of the at least one curved surface (Column 5 lines 14-19).
Lakowicz teaches that in optical systems, reflective and redirecting optical components such as mirrors and reflective surfaces are commonly employed to improve optical collection efficiency and reduce signal loss arising from radiation exiting optical element (Ch.1). Lakowicz further teaches that optical radiation interacting with optical components may be redirect back into optical paths or optical elements as part of known optical design practices to enhance signal utilization (Ch.3).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to configure the reflective surface of Hauer to reflect at least a portion of optical radiation exiting from the curved surface back toward the toward the curved surface in order to improve optical efficiency and reduce optical losses. Such a modification represents the application of known optical principles to a known optical assembly and would have yielded predictable results.
Claims 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hauer et al (US5600741) hereafter Hauer in view of Principles of Fluorescent Spectroscopy third edition (2006) by Lakowicz, hereafter Lakowicz, as applied to claim 13 above, and further in view of Norrbakhsh et al. (US6575622B2), hereafter Norrbakhsh.
Regarding Claim 16, Hauer discloses an optical assembly of claim 1. Hauer fails to discloses at least a component of at least one of a temperature sensor, a presence sensor, or a distance sensor.
Norrbakhsh teaches an optical temperature sensing system used in semiconductor processing wherein the optical radiation is delivered to a target region and returned optical radiation is detected to determine temperature (abstract).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to employ the optical assembly disclosed by Hauer as a component of the optical sensing systems taught by Norrbakhsh to deliver optical radiation to a target region and receive optical radiation returned from the target region for sensing purposes.
Regarding Claim 17, Hauer discloses an optical assembly of claim 1. Hauer fails to disclose a sensing element configured to emit the second optical radiation or returning signal, wherein the
sensing element comprises a phosphor and the optical assembly is as at least a component of a temperature sensor.
Norrbakhsh teaches an optical temperature sensing device in which optical radiation is delivered via an optical waveguide to a phosphor-based sensing element, and optical radiation emitted by the phosphor is returned through the optical waveguide and detected to determine temperature (Column 2 lines 48-52 and Column 5 lines 43-53.)
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to optical assembly of Hauer with the phosphor-based temperature sensing technique taught by Norrbakhsh for the purpose of optically exciting a temperature-responsive phosphor sensing element and detecting optical radiation returned from the phosphor to determine temperature.
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Hauer et al (US5600741) hereafter Hauer, as applied to claim 1 above, and further in view of Traverso et al (US10877219B1), hereafter Traverso.
Regarding Claim 24, Hauer discloses an optical assembly comprising (Figure 4. Light emitting board): at least one housing (Figure 1. Carrier substrate 11); at least one first optical element(8 in figure 1) coupled to the at least one housing (11 in figure 1) and having at least one first curved surface and at least one first reflective surface (Figure 3 Column 4 lines 58-61; at least one optical waveguide (1 in figure 4) in optical communication with the at least one first optical element (68 in figure 4), wherein the at least one optical waveguide has a first end, a second end, and a second optical axis (Figure 5); wherein the at least one first optical element (8 in figure5) is configured to receive a first optical radiation propagating along a first optical axis and to direct the first optical radiation as second optical radiation to the optical waveguide propagating along the second optical axis (Figure 5). Hauer fails to disclose at least one second optical element coupled to the at least one housing in optical communication with the at least one first optical element, and having at least one second curved surface and at least one second reflective surface; an optical waveguide in optical communication with a second optical element; and the at least one second optical element is configured to receive the second optical radiation from the at least one optical waveguide and direct the second optical radiation as third optical radiation propagating along a third optical axis.
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Traverso teaches at least one second optical element (130b in figure 1) coupled to the at least one housing (Figure 1. Periscope assembly) in optical communication with the at least one first optical element (130a), and having at least one second curved surface (310 in figure 3) and at least one second reflective surface(Column 4 lines 47-51); an optical waveguide (120b in figure 1) in optical communication with a second optical element (130b); and the at least one second optical element (130b) is configured to receive the second optical radiation (120c) from the at least one optical waveguide(120a) and direct the second optical radiation as third optical radiation propagating along a third optical axis (120b)(Column 3 lines 18-34).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the optical assembly of Hauer by incorporating the second optical element as taught by Traverso in order to receive optical radiation from an optical waveguide and redirect the received radiation along a different optical axis.
Regarding Claim 25, Hauer/Traverso disclose an optical assembly of claim 24. Hauer further discloses redirection of optical radiation between different optical axis (Figure 3), the coupling of optical radiation into and out of optical waveguides (Figures 4 and 5), bidirectional propagation of optical radiation through a shared optical waveguide (Waveguide 105. Figure 5) and the use of shared optical elements and waveguides for forward and return signals (Figure 5. Column 8 lines 13-22). Hauer fails to disclose at least one second optical element is configured to receive a fourth optical radiation propagating along the third optical axis and to direct the fourth optical radiation as fifth optical radiation to the optical waveguide propagating along the second optical axis, wherein the at least one first optical element is configured to receive the fifth optical radiation from the at least one optical waveguide and direct the fifth optical radiation as sixth optical radiation propagating along the first optical axis.
Traverso teaches three optical elements configured to receive optical radiation propagating along first, second and third optical axes, respectively, and to direct such radiation between optical axes using distinct optical element (Figure 1)
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the optical assembly of Hauer to include the additional optical elements as taught by Traverso in order to receive optical radiation propagation along a third optical axis and direct the radiation to the optical waveguide. Such a modification represents the predictable use of prior art elements according to their established functions to enable additional optical routing paths.
Claims 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Hauer et al (US5600741), hereafter Hauer in view of Traverso et al (US10877219B1), hereafter Traverso, as applied to claim 24 above, and further in view of Principles of Fluorescent Spectroscopy third edition (2006) by Lakowicz, hereafter Lakowicz. .
Regarding Claim 26, Hauer/Traverso discloses an optical assembly of claim 24. Hauer further discloses multiple optical elements and waveguides configured to direct optical radiation between different optical axes and through shared optical paths (Hauer, Figures 3-5. Column 6 lines 10-45), including coupling of optical radiation into and out of waveguide and redirection of optical radiation along orthogonal axes. Hauer fails to disclose a third optical radiation comprises excitation radiation propagating along the thirds optical axis to at least one sensing element, nor that the fourth optical radiation comprises fluorescent radiation counter-propagation along the third optical axis.
Lakowicz teaches excitation radiation delivered along an optical axis to a sensing element and fluorescent emission counter-propagating back along the same axis (Ch. 23.2 pg.760-764, Figure 23.5-6).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to implement the well-known fluorescence excitation and return configuration taught by Lakowicz in order to enable optical sensing using fluoresce, allow remote sensing through compact optical assemblies, and reuse the same optical axis and optical element for excitation and emission collection.
Regarding Claim 27, Hauer/ Traverso discloses an optical assembly of claim 24. Hauer further discloses multi-axis redirection and multiple optical radiation paths (Figure 5). Traverso further discloses an optical assembly with multiple optical elements and axes capable of routing multiple optical paths. Figure 1. Column 3 lines 18-34)
Lakowicz teaches multi-path and multi-pass fluorescent excitation and detection (Ch. 23.5 pg. 760-764. Figure 23.6 Ch. 24. Pg. 797-805. Figure 24.4).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to extend the multiple excitation/ return configuration of claim 26 to multiple optical radiation and axes as taught Lakowicz in order to increase signal strength, support multiplexed sensing and enable multi-pass excitation and collection.
Regarding Claim 28, Hauer/Traverso discloses an optical assembly of claim 24. Hauer further discloses an optical assembly configured to route optical radiation along defined optical axes (Figures 3-5). Hauer/ Traverso fails to disclose optical radiation source configured to emit the excitation radiation propagating along the first optical axis.
Lakowicz teaches that fluorescence bases sensing systems inherently require an optical radiation source configured to emit excitation radiation into defined optical path or axis leading to a sensing region. In particular, Lakowicz explains that excitation light sources are routinely coupled into optical fibers or optical axes to deliver excitation radiations to a sensing element in fluorescence systems. optical radiation sources used to generate excitation radiation in fluorescence systems (Ch. 19.2 pg. 623-623. Figure 19.3).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to provide the optical assembly of Hauer/ Traverso with an optical radiation source configured to emit excitation radiation as taught by Lakowicz because fluorescence sensing cannot function without an excitation source. Incorporating such a source would be a predictable and necessary design choice to enable the intended fluorescence sensing operation already suggested by Lakowicz.
Conclusion
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/TAJANAE NICOLE GREEN/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874