DETAILED ACTION
Claims 1 – 23 are pending in the present application.
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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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.
Claims 4-7 are 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.
The term “materials difficult to bend” (emphasis added) in claim 4 is a relative term which renders the claim indefinite. The term “difficult” is not defined by the claim, the specification (see instant publication at [0030] “In some embodiments, fibers 102 and/or 114 material that is difficult to bend (such as, for example, silica).”) does not provide a standard for ascertaining the requisite degree (examples are not definitions – i.e. what materials beyond silica would be considered “difficult to bend”), and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Specifically, it is unclear what the metes and bounds of difficult to bend materials are and which materials would or would not meet this limitation.
As best understood for purpose of examination and in order to expedite prosecution silica and other waveguide / fiber optic materials will be considered as meeting this limitation.
However, positive in claim recitation of the metes and bounds applicant intends to claim with this currently relative limitation is required.
Regarding claims 5-7, the phrases "such as" (used five times in these claims) renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
As best understood for purpose of examination and in order to expedite prosecution these limitations will be considered exemplary and not given weight.
However, positive in claim recitation of the metes and bounds applicant intends to claim is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-23 are rejected under 35 U.S.C. 103 as being unpatentable over Gotthold et al. (US 20080225926; hereinafter Gotthold) in view of Liu et al. (US 20210080328; hereinafter Liu).
Regarding claim 1, Gotthold teaches a fiber optic temperature probe (abstract; fig. 18) comprising:
a first fiber (320; [0054] “fixed fiber 320”) coupled to a connector assembly (connection assembly of temperature sensor 300 with constituent parts for connecting the device; see at least fig. 18 showing such parts for coupling thereto; [0054-55]);
a second fiber (308; [0051] “moveable fiber 308”) coupled to the connector assembly (see at least fig. 18 showing such coupling; [0051-54]),
wherein the connector assembly includes a first optical element to couple light from the first fiber and a second optical element to couple light into a first end of a second fiber (fig. 10 shows a form for passing light between fibers with a first and second optical elements which are a pair of hemispheric lenses; [0043] teaches regarding fig. 10 that “A lens, as shown, is attached to the mating ends of each of the waveguide 41 and optical fiber 87 in order to more efficiently couple radiation between the two.”); and
a temperature sensor (306 / 406; see figs. 18 and 19 respectively) coupled to a second end of the second fiber ([0050-51] teaches that the “thermographic (temperature-dependent luminescence properties) phosphor layer 306” is attached to the second end of the second/movable fiber via contact 304; see fig. 18).
Gotthold does not directly state that that the lenses on the ends of the fibers facing each other for coupling the light /radiation signal specifically collimate and de-collimate the light / radiation.
However, Liu teaches a fiber optic temperature probe (abstract) having ball lenses ([0059]; see figs. 5 and 8) which collimate / de-collimate the light (see [0054]; [0061] and figs. 5, 6, 7 and 8 showing the collimating / de-collimating of the light paths via the ball lenses).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the light coupling lenses for an optical temperature sensor of Gotthold with the specific knowledge of using lenses, including ball lenses, for an optical temperature sensor to collimate and couple the light of Liu. This is because such collimation allows for directing and transmitting the light in a desired manner (see at least [0061] of Liu regarding direction/guiding/focusing/collimating of the light via these lenses). This is important in order to provide an accurate transmission of the light signal from the temperature sensor.
Regarding claim 2, Gotthold teaches that the first optical element and the second optical element are located within a spring-loaded (resilient member / spring 310; see [0052-53] and fig. 18; see also 414, [0060] and fig. 19) vacuum (abstract teaches that the device is used in a “vacuum processing chamber” see also [0048] and generally fig. 1; [0055] teaches that the base 328 forms a vacuum seal on the outer side of the device; fig. 19 shows that the spring loaded device is open to the vacuum of the chamber; as such the interior of the device with the optical elements is a spring-loaded vacuum).
Regarding claim 3, Gotthold teaches that the first fiber is coupled to a converter unit prior to coupling the first fiber to the connector assembly (temperature measurement element 37; photodetector 35 and light/excitation source 36; see generally fig. 1 in view of fig. 18 showing the coupling / attachment of this converted unit is to the first fiber prior to the connector assembly).
Regarding claim 4, Gotthold teaches that the first fiber and the second fiber comprise materials difficult to bend (see at least [0054] teaching silica – see 112(b) section above regarding this indefinite limitation).
Regarding claim 5, Gotthold teaches that the first optical element comprises one of a refractive or reflective optical devices (at least upper lens as shown in fig. 10; see [0043]; see also upper as drawn lenses in figs. 5 and 8 of Liu) such as lenses, ball lenses, lens arrays, mirrors, mirror arrays with various surface profiles such as spherical, aspherical, diffractive, and meta-surfaces (see 112(b) section above regarding these exemplary limitations).
Regarding claim 6, Gotthold teaches that the second optical element comprises one of a refractive or reflective optical devices (at least lower lens as shown in fig. 10; see [0043]; see also lower as drawn lenses in figs. 5 and 8 of Liu) such as lenses, ball lenses, lens arrays, mirrors, mirror arrays with various surface profiles such as spherical, aspherical, diffractive, and meta-surfaces (see 112(b) section above regarding these exemplary limitations).
Regarding claim 7, Gotthold teaches that the first optical element and the second optical element each comprises an optical material (the first and second optical elements are lenses [0043]; see also [0054] of Liu teaching the lenses may be sapphire or fused silica) such as Gradient Refractive Index (GRIN) or meta-material (see 112(b) section above regarding these exemplary limitations).
Regarding claim 8, Gotthold teaches that the temperature sensor is coupled to a probe shaft surrounding the second fiber (see fig. 19 showing this configuration where 406 is attached to the shaft 408 around fiber 416).
Regarding claim 9, Gotthold teaches that the temperature sensor comprises one of a phosphorescent or a fluorescent material (406; [0058-60] “layer 406 of phosphorescent material”; see also [0032] of Liu).
Regarding claim 10, Gotthold teaches a thermally conductive plate coupled to a tip of the probe shaft and configured to be thermally exposed to an exterior environment in a desired direction (402; “thermally conductive contact 402” [0057]; see fig. 19 and [0057-58]; see also [0032] of Liu).
Regarding claim 11, Gotthold teaches that a surface of the thermally conductive plate not exposed to the exterior environment is configured to thermally interface with the temperature sensor ([0058] teaches that the thermal contact / plate has phosphorescent material for transmitting temperature data / thermally interface with the temperature sensor; see fig. 19 showing that the surface with the phosphorescent material is the interior surface; see also [0032] and fig. 1 of Liu).
Regarding claim 12, Gotthold teaches a fiber optic temperature probe (abstract; fig. 18) comprising:
a first fiber (320; [0054] “fixed fiber 320”) coupled to a connector assembly (connection assembly of temperature sensor 300 with constituent parts for connecting the device; see at least fig. 18 showing such parts for coupling thereto; [0054-55]);
a second fiber (308; [0051] “moveable fiber 308”) coupled to the connector assembly (see at least fig. 18 showing such coupling; [0051-54]),
wherein the connector assembly includes a first lens to couple light from the first fiber and a second lens to couple light into a first end of a second fiber (fig. 10 shows a form for passing light between fibers with a first and second optical elements which are a pair of hemispheric lenses; [0043] teaches regarding fig. 10 that “A lens, as shown, is attached to the mating ends of each of the waveguide 41 and optical fiber 87 in order to more efficiently couple radiation between the two.”); and
a temperature sensor (306 / 406; see figs. 18 and 19 respectively) coupled to a probe shaft surrounding the second fiber (see fig. 19 showing this configuration where 406 is attached to the shaft 408 around fiber 416).
Gotthold does not directly state that that the lenses on the ends of the fibers facing each other for coupling the light /radiation signal are specifically ball lenses to collimate and de-collimate the light / radiation.
However, Liu teaches a fiber optic temperature probe (abstract) having ball lenses ([0059]; see figs. 5 and 8) which collimate / de-collimate the light (see [0054]; [0061] and figs. 5, 6, 7 and 8 showing the collimating / de-collimating of the light paths via the ball lenses).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the light coupling lenses for an optical temperature sensor of Gotthold with the specific knowledge of using lenses, including ball lenses, for an optical temperature sensor to collimate and couple the light of Liu. This is because such collimation allows for directing and transmitting the light in a desired manner (see at least [0061] of Liu regarding direction/guiding/focusing/collimating of the light via these lenses). This is important in order to provide an accurate transmission of the light signal from the temperature sensor.
Regarding claim 13, Gotthold teaches that the first ball lens and the second ball lens are located within a spring-loaded (resilient member / spring 310; see [0052-53] and fig. 18; see also 414, [0060] and fig. 19) vacuum (abstract teaches that the device is used in a “vacuum processing chamber” see also [0048] and generally fig. 1; [0055] teaches that the base 328 forms a vacuum seal on the outer side of the device; fig. 19 shows that the spring loaded device is open to the vacuum of the chamber; as such the interior of the device with the optical elements is a spring-loaded vacuum).
Regarding claim 14, Gotthold teaches that the first fiber is coupled to a converter unit prior to coupling the first fiber to the connector assembly (temperature measurement element 37; photodetector 35 and light/excitation source 36; see generally fig. 1 in view of fig. 18 showing the coupling / attachment of this converted unit is to the first fiber prior to the connector assembly).
Regarding claim 15, Gotthold teaches that the first fiber and the second fiber comprise silica ([0054] teaches silica-silica fiber; see also [0029] of Liu).
Regarding claim 16, Gotthold teaches that the temperature sensor comprises one of a phosphorescent or a fluorescent material (406; [0058-60] “layer 406 of phosphorescent material”; see also [0032] of Liu).
Regarding claim 17, Gotthold teaches a thermally conductive plate coupled to a tip of the probe shaft and configured to be thermally exposed to an exterior environment in one direction (402; “thermally conductive contact 402” [0057]; see fig. 19 and [0057-58]; see also [0032] of Liu).
Regarding claim 18, Gotthold teaches that a surface of the thermally conductive plate not exposed to the exterior environment is configured to thermally interface with the temperature sensor ([0058] teaches that the thermal contact/plate has phosphorescent material for transmitting temperature data / thermally interface with the temperature sensor; see fig. 19 showing that the surface with the phosphorescent material is the interior surface; see also [0032] and fig. 1 of Liu).
Regarding claim 19, Gotthold teaches a method ([0002]) of measuring a temperature of an element (abstract; [0002]), comprising:
coupling a first end ([0054] teaches regarding “fixed fiber 320 that is attached to the guide 314”; see fig. 18 showing this is the first end; see [0054-55] regarding further connection to the assembly) of a first fiber (320; [0054] “fixed fiber 320”) to a connector assembly (connection assembly of temperature sensor 300 with constituent parts for connecting the device; see at least fig. 18 showing such parts for coupling thereto; [0054-55]);
coupling a first end (upper end as drawn in fig. 18; [0051] “moveable fiber 308 that is fixedly adhered to the contact 304”; see also [0053] regarding further connection to the assembly) of a second fiber (308; [0051] “moveable fiber 308”) to a connector assembly (see at least fig. 18 showing such coupling; [0051-54]);
transmitting a light from the first fiber using a first optical element (via exemplary upper hemispheric lens shown in fig. 10; [0043]);
receiving the light from the first fiber using a second optical element (via exemplary lower hemispheric lens shown in fig. 10; [0043]); and
coupling the light from the first fiber into the second fiber using the second optical element (fig. 10 shows a form for passing light between fibers with a first and second optical elements which are a pair of hemispheric lenses; [0043] teaches regarding fig. 10 that “A lens, as shown, is attached to the mating ends of each of the waveguide 41 and optical fiber 87 in order to more efficiently couple radiation between the two.”).
Gotthold does not directly state that that the lenses on the ends of the fibers facing each other for transmitting / receiving / coupling the light /radiation signal specifically collimate and de-collimate the light / radiation.
However, Liu teaches a fiber optic temperature probe (abstract) having ball lenses ([0059]; see figs. 5 and 8) which collimate / de-collimate the light (see [0054]; [0061] and figs. 5, 6, 7 and 8 showing the collimating / de-collimating of the light paths via the ball lenses).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the method for using the light coupling lenses for an optical temperature sensor of Gotthold with the specific knowledge of using lenses, including ball lenses, for an optical temperature sensor to collimate and couple the light of Liu. This is because such collimation allows for directing and transmitting the light in a desired manner (see at least [0061] of Liu regarding direction/guiding/focusing/collimating of the light via these lenses). This is important in order to provide an accurate transmission of the light signal from the temperature sensor.
Regarding claim 20, Gotthold teaches coupling a second end of the first fiber to a converter unit (temperature measurement element 37; photodetector 35 and light/excitation source 36; see generally fig. 1 in view of fig. 18 showing the coupling / attachment of this converted unit is to the first fiber prior to the connector assembly).
Regarding claim 21, Gotthold teaches that collimating the light from the first fiber using the first optical element and decollimating the light from the first fiber using the second optical element occur in a vacuum (abstract teaches that the device is used in a “vacuum processing chamber” see also [0048] and generally fig. 1; [0055] teaches that the base 328 forms a vacuum seal on the outer side of the device; fig. 19 shows that the spring loaded device is open to the vacuum of the chamber; as such the interior of the device with the optical elements is a vacuum).
Regarding claim 22, Gotthold teaches that coupling the first end of the first fiber to the connector assembly comprises coupling a first silica fiber to the connector assembly, and wherein coupling the first end of the second fiber to the connector assembly comprises coupling a second silica fiber to the connector assembly ([0054] teaches silica-silica fiber; see also [0029] of Liu).
Regarding claim 23, Gotthold teaches coupling a temperature sensor (306 / 406; see figs. 18 and 19 respectively) to a second end of the second fiber ([0050-51] teaches that the “thermographic (temperature-dependent luminescence properties) phosphor layer 306” is attached to the second end of the second/movable fiber via contact 304; see fig. 18).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855