DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
CLAIM INTERPRETATION
2. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
3. Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
5. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
“at least one source of electromagnetic radiation for transmitting” and “at least one optical element for allowing transmission”, in claims 1, 6 and 23.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 112
6. 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.
7. Claim 17 is 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 pre-AIA the applicant regards as the invention.
Regarding Claim 17, recites the limitation "the transmitted light" in in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
8. 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.
9. Claims 1-3, 6-7, 9-10, 16, 18-23, 26, and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Pub. No. 2003/0098419 A1 by Ji et al. (hereinafter Ji).
Regarding Claim 1, Ji teaches an apparatus for use in absorption spectroscopy (Fig.1 , Abstract, Par. [0044]), comprising:
at least one source of electromagnetic radiation (Fig.1 @ 52, Par. [0052]) for transmitting electromagnetic radiation along an optical path that passes through a gas measurement volume (Fig.1 @ 14, Par. [0049], Par. [0060]: internal volume of the cell thus teaches a gas measurement volume), towards at least one detector (Fig. 1 @ 60, Abstract, Par. [0052-0053]);
at least one detector (Fig. 1 @ 60, Abstract, Par. [0052-0053]) to detect the transmitted electromagnetic radiation after passing through the gas measurement volume (Fig.1 @ 14, Par. [0049], Par. [0060]: internal volume of the cell thus teaches a gas measurement volume) and to provide an output signal indicative of the detected electromagnetic radiation (Fig.1 @ 62, Par. [0052]); and
an analyser (Fig.1 @ 64, Par. [0052]) connected to the at least one detector (Fig. 1 @ 60, Abstract, Par. [0052-0053]) to receive the output signal (Par. [0052]) and analyse the effects of absorption by at least one gas species within the gas measurement volume for at least one wavelength range of the transmitted electromagnetic radiation, thereby to detect or measure a parameter of the at least one gas species (Abstract, Par. [0002, 0044], Claim 1);
wherein the at least one source (Fig.1 @ 52, Par. [0052]) and at least one detector (Fig. 1 @ 60, Abstract, Par. [0052-0053]) are arranged in positions relative to the gas measurement volume (Fig.1 @ 14, Par. [0049], Par. [0060]: internal volume of the cell thus teaches a gas measurement volume) such that there is at least one void (Fig.1 @ 18, 22, Par. [0049]) in the optical path, between the source (Fig.1 @ 52, Par. [0052]) and the gas measurement volume (Fig.1 @ 14, Par. [0049], Par. [0060]: internal volume of the cell thus teaches a gas measurement volume) and/or between the detector (Fig. 1 @ 60, Abstract, Par. [0052-0053]) and the gas measurement volume (Fig.1 @ 14, Par. [0049], Par. [0060]: internal volume of the cell thus teaches a gas measurement volume), wherein the at least one void (Fig.1 @ 18, 22, Par. [0049]) is filled with an optically transmissive filler material (Abstract).
Regarding Claim 2, Ji teaches detecting or measuring a measurand gas species, wherein the optically transmissive filler material comprises a material that is transmissive for electromagnetic radiation (Par. [0049]) in a wavelength range containing a characteristic absorption wavelength for the measurand gas species (Par. [0002, 0027, 0030-0032, 0045, 0049]).
Regarding Claim 3, Ji teaches the optically transmissive filler material comprises a gas impermeable liquid, gel or solid material (Par. [0049]).
Regarding Claim 6, Ji teaches the gas measurement volume (Fig.1 @ 14, Par. [0049], Par. [0060]: internal volume of the cell thus teaches a gas measurement volume) is provided by a gas cell (Fig.1 @ 14, Par. [0049]) for containing a gas sample or calibration gas, the gas cell having at least one gas exchange port (Fig.1 @ 32, 34, Par. [0050]) and at least one optical element (Fig.1 @ 50, 56, Par. [0057]) for allowing transmission of electromagnetic radiation of a desired wavelength range (Par. [0002, 0027, 0030-0032, 0045, 0049]) in and out of the gas cell (Fig.1 @ 14, Par. [0049]).
Regarding Claim 7, Ji teaches the optically transmissive filler material is electrically insulative (Par. [0049]: sapphire, i.e. an excellent electrical insulator).
Regarding Claim 9, Ji teaches the optically transmissive filler material is thermally conductive (Par. [0049]: sapphire, i.e. thermally conductive).
Regarding Claim 10, Ji teaches the at least one void (Fig.1 @ 18, 22, Par. [0049]) in the optical path comprises a volume within the apparatus between said at least one optical element (Fig.1 @ 50, 56, Par. [0057]) and the source (Fig.1 @ 52, Par. [0052]) and/or the at least one void (Fig.1 @ 18, 22, Par. [0049]) comprises a volume within the apparatus between said at least one optical element (Fig.1 @ 50, 56, Par. [0057]) and the detector (Fig. 1 @ 60, Abstract, Par. [0052-0053]).
Regarding Claim 16, Ji teaches at least one source and/or detector are mounted on a circuit board substrate in a chip-on-board format and encapsulated by the optically transmissive filler (Par. [0004-0005]).
Regarding Claim 18, Ji teaches the source of electromagnetic radiation is a broadband source (Abstract: UV-Visible light).
Regarding Claim 19, Ji teaches the broadband source is an LED or incandescent source (Abstract: UV-Visible light thus limitation can be anticipated. Also see Par. [0018]: a tunable diode laser).
Regarding Claim 20, Ji teaches the source of electromagnetic radiation is a tuneable laser diode (Par. [0018]: a tunable diode laser).
Regarding Claim 21, Ji teaches the detector is a bolometer, pyrometer, photomultiplier or photodiode (Abstract).
Regarding Claim 22, Ji teaches the at least one source and/or at least one detector are mounted on a circuit board in a Chip-on-Board format (Par. [0004-0005]).
Regarding Claim 23, Ji teaches a method of constructing an apparatus for use in absorption spectroscopy (See Claim 1 rejection. Note: an apparatus claim can be used to implement a method claim), comprising the steps of:
providing a gas cell enclosing a gas detection and/or measurement volume (See Claim 1 rejection), the cell having at least one gas exchange port and having at least one optical element for allowing transmission of electromagnetic radiation into and out of the gas cell (See Claim 6rejection);
providing at least one source of electromagnetic radiation, for transmitting electromagnetic radiation along an optical path (See Claim 1 rejection) that passes through the at least one optical element (See Claim 6 rejection) into the gas detection and/or measurement volume, towards at least one detector (See Claim 1 rejection);
providing at least one detector to detect the transmitted electromagnetic radiation after passing through the gas detection and/or measurement volume and out of the gas cell (See Claim 1 rejection) through the at least one optical element (See Claim 6 rejection), and to provide an output signal indicative of the detected electromagnetic radiation (See Claim 1 rejection);
arranging the gas cell between the at least one source and at least one detector such that there is a void between the at least one source and the at least one optical element, and/or a void between the at least one detector and at least one optical element (See Claim 10 rejection); and
flowing an optically transmissive filler material (See Claims 3, 10 rejection thus limitation can be anticipated), comprising a gel or liquid or powder material, into the void (See Claim 3 rejection) between the at least one optical element and the at least one source (See Claim 10 rejection), and flowing an optically transmissive filler material, comprising a gel or liquid or powder material, into the void (See Claim 3 rejection) between the at least one optical element and the at least one detector (See Claim 1 rejection).
Regarding Claim 26, Ji teaches a pre-moulded and/or machined optically transmissive filler insert is inserted into the void, prior to flowing an optically transmissive gel or liquid or powder material into the void (See Claims 2, 3 rejection).
Regarding Claim 34, Ji teaches gas absorption is measured using direct absorption spectroscopy (Par. [0044]).
Claim Rejections - 35 USC § 103
10. 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.
11. Claims 4-5, 8, 11, 17, 24-25, and 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Ji.
Regarding Claims 4-5, Ji teaches the optically transmissive filler material (See Claim 1 rejection) but does not explicitly teach comprises a silicone-based material or an optically transmissive polymer/cyclo-olefin copolymer (COC), polymethyl methacrylate (PMMA), polycarbonate (PC), or polyethylene terephthalate (PET).
However, it would have been obvious to one of ordinary skill in the art the time the invention was made to use a silicone-based material or an optically transmissive polymer in order to obtain a predictable result, 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 suitability for the intended use as a matter of obvious design choice. In re Leshin, 125, USPQ 416.
Also, it would have been obvious to one of ordinary skill in the art at the time of the invention to use a silicone-based material or an optically transmissive polymer/cyclo-olefin copolymer (COC), polymethyl methacrylate (PMMA), polycarbonate (PC), or polyethylene terephthalate (PET) in order to obtain a predictable result, since the selection of a known material based on its suitability for a given purpose requires would have been obvious to one of ordinary skill in the art. See MPEP 2144.07 citing Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Regarding Claim 8, Ji teaches the optically transmissive filler material (See Claim 1 rejection) but does not explicitly teach is thermally insulative.
However, it would have been obvious to one of ordinary skill in the art the time the invention was made to use thermally insulative material in order to obtain a predictable result, 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 suitability for the intended use as a matter of obvious design choice. In re Leshin, 125, USPQ 416.
Also, it would have been obvious to one of ordinary skill in the art at the time of the invention to use thermally insulative material in order to obtain a predictable result, since the selection of a known material based on its suitability for a given purpose requires would have been obvious to one of ordinary skill in the art. See MPEP 2144.07 citing Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Regarding Claim 11, Ji teaches the optically transmissive filler material and the at least one optical element (See Claim 10 rejection) but does not explicitly teach are selected to have approximately equal refractive indexes.
However, it is considered obvious to try all known solutions when there is a recognized need in the art (equal refractive indexes), there had been a finite number of identified, predictable solutions to the recognized need (equal refractive indexes or variable refractive indexes), and when one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success. See MPEP § 2143, E. Furthermore, such an arrangement would imply to one of ordinary skill in the art at the time of the invention to use an equal indexes to ensure that light travels through them without refraction, meaning the light ray passes straight through without bending. Material with a matching refractive index to prevent distortion. When the refractive indices are matched, light bends the same amount in both materials, resulting in no optical change at the interface, eliminates reflection and refraction at their interface. This makes the boundary between the two materials optically "invisible" and allows light to pass through as if it were a single, continuous medium.
Regarding Claim 17, Ji teaches the optically transmissive filler material (See Claim 1 rejection) but does not explicitly teach is doped with a dye or absorptive substance to attenuate the intensity of the transmitted light.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use the optically transmissive filler material doped with a dye or absorptive substance in order to obtain a predictable result since it is well known in the art that coating can reduce intensity.
The examiner takes Official Notice that a coating is well-known, or to be common knowledge in the art is capable of instant and unquestionable demonstration as being well-known. As noted by the court in In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418,420 (CCPA 1970).
Regarding Claim 24, Ji teaches an optically transmissive gel or liquid is flowed into said void or voids within the optically transmissive filler material (See Claim 23 rejection) but does not explicitly teach in the presence of a partial vacuum, thereby to minimise bubble formation within the optically transmissive filler material.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use partial vacuum in order to obtain a predictable result since it is well known in the art that vacuum creates a low-pressure environment, removing air.
The examiner takes Official Notice that partial vacuum is well-known, or to be common knowledge in the art is capable of instant and unquestionable demonstration as being well-known. As noted by the court in In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418,420 (CCPA 1970).
Regarding Claim 25, Ji teaches an optically transmissive filler material is flowed into said void or voids (See Claim 23 rejection) but does not explicitly teach in powder form and the powder is melted and fused in situ to fill the void or voids.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use powder form and the powder is melted and fused in situ to fill the void or voids in order to obtain a predictable result since it is well known in the art to use such technique as an alternative to other techniques are available to fill the void or voids.
The examiner takes Official Notice that melted powder and fused in situ to fill the void or voids is well-known, or to be common knowledge in the art is capable of instant and unquestionable demonstration as being well-known. As noted by the court in In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418,420 (CCPA 1970).
Regarding Claim 31, Ji teaches the optically transmissive filler material and the at least one optical element are selected to have approximately equal refractive indexes (See Claim 11 rejection).
Regarding Claim 32, Ji teaches the optically transmissive filler material is formulated to attenuate the intensity of transmitted electromagnetic radiation entering the gas cell (See Claim 17 rejection).
Regarding Claim 33, Ji teaches the optically transmissive filler material is doped with materials and/or dyes that absorb electromagnetic radiation (See Claim 17 rejection).
12. Claims 12-14, 27-30, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of US Patent Pub. No. 2017/0138846 A1 by Alizadeh et al. (hereinafter Alizadeh).
Regarding Claim 12, Ji teaches the optically transmissive filler material (See Claim 1 rejection) but does not explicitly teach at least one fluid reference volume is encapsulated within the optically transmissive filler material.
However, Alizadeh teaches the internal reference cell may be an optical element and/or may contain the measurand or measurands to be determined in the sample and/or may contain another absorbing compound (or other compounds) which absorbs (absorb) in a region close to the measurand absorption feature to be measured, which has (have) a defined relationship with the measand feature to be measured. The defined relationship may be the relative position of the reference absorption line in comparison to the absorption line of interest of the measurand and/or may be the line shape of the reference is similar to the line shape of the measurand to be determined. The internal reference cell may also be temperature controlled and/or have a temperature sensor and/or pressure controlled and/or have a pressure sensor. The internal reference signal may be derived by directing a portion of the laser light used to obtain the primary absorption signal (i.e. the measurand) into a secondary absorption light path via an optical element such as a beam splitter or partially reflective element. This secondary absorption line path may then be directed through a reference cell (such as an optically transmissive cuvette containing the reference mixture sealed or flushable with reference mixture) onto a secondary optical detector. This reference signal from the internal reference cell is therefore obtained under known conditions. The present invention may be used to mitigate the effects of signal distortions on the internal reference cell signal, the method then including processing the signal obtained using the internal reference cell by convolving or correlating with a suitable kernel function (Fig. 7, left window attached to 702, Par. [0049]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ji by Alizadeh as taught above such that at least one fluid reference volume is encapsulated within the optically transmissive filler material is accomplished in order to provide a signal indicative of absorption by one or more measurands, which is then used to generate a kernel function for processing a signal detected after transmission of a wavelength modulated beam through a test medium (Alizadeh, Par. [0050]).
Regarding Claim 13, Ji as modified by Alizadeh teaches the fluid reference volume comprises a line-lock reference (Alizadeh, Par. [0049]: the internal reference cell may be an optical element and/or may contain the measurand or measurands to be determined in the sample and/or may contain another absorbing compound (or other compounds) which absorbs (absorb) in a region close to the measurand absorption feature to be measured, which has (have) a defined relationship with the measand feature to be measured. The defined relationship may be the relative position of the reference absorption line in comparison to the absorption line of interest of the measurand and/or may be the line shape of the reference is similar to the line shape of the measurand to be determined thus teaches the limitation. Note: 5-steps omitted due to same motivation).
Regarding Claim 14, Ji as modified by Alizadeh teaches the reference volume is provided by injecting a known fluid into the optically transmissive filler material (Alizadeh, Par. [0049]: The internal reference cell may be an optical element and/or may contain the measurand or measurands to be determined in the sample and/or may contain another absorbing compound (or other compounds) which absorbs (absorb) in a region close to the measurand absorption feature to be measured, which has (have) a defined relationship with the measand feature to be measured thus teaches the limitation. Note: 5-steps omitted due to same motivation).
Regarding Claim 27, Ji teaches performing absorption spectroscopy measurements within the wavelength range using the absorption spectroscopy apparatus and the optically transmissive filler material (See Claim 23 rejection) but does not explicitly teach:
monitoring the transmission of electromagnetic radiation through the optically transmissive filler material;
modelling variations in transmittance of the optically transmissive filler material across a wavelength range; and
including compensating for the modelled variations in transmittance across the wavelength range.
However Alizadeh teaches the kernel uses a live or stored signal from an internal reference cell (Par. [0048]). The internal reference cell may be an optical element and/or may contain the measurand or measurands to be determined in the sample and/or may contain another absorbing compound (or other compounds) which absorbs (absorb) in a region close to the measurand absorption feature to be measured, which has (have) a defined relationship with the measand feature to be measured. The defined relationship may be the relative position of the reference absorption line in comparison to the absorption line of interest of the measurand and/or may be the line shape of the reference is similar to the line shape of the measurand to be determined. The internal reference cell may also be temperature controlled and/or have a temperature sensor and/or pressure controlled and/or have a pressure sensor. The internal reference signal may be derived by directing a portion of the laser light used to obtain the primary absorption signal (i.e. the measurand) into a secondary absorption light path via an optical element such as a beam splitter or partially reflective element. This secondary absorption line path may then be directed through a reference cell (such as an optically transmissive cuvette containing the reference mixture—sealed or flushable with reference mixture) onto a secondary optical detector. This reference signal from the internal reference cell is therefore obtained under known conditions. The present invention may be used to mitigate the effects of signal distortions on the internal reference cell signal, the method then including processing the signal obtained using the internal reference cell by convolving or correlating with a suitable kernel function (Par. [0049]). The internal reference cell is used to provide a signal indicative of absorption by one or more measurands, which is then used to generate a kernel function for processing a signal detected after transmission of a wavelength modulated beam through a test medium (Par. [0050]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ji by Alizadeh as taught above such that monitoring the transmission of electromagnetic radiation through the optically transmissive filler material; modelling variations in transmittance of the optically transmissive filler material across a wavelength range; and performing absorption spectroscopy measurements within the wavelength range using the absorption spectroscopy apparatus, including compensating for the modelled variations in transmittance across the wavelength range is accomplished in order to provide a signal indicative of absorption by one or more measurands, which is then used to generate a kernel function for processing a signal detected after transmission of a wavelength modulated beam through a test medium (Alizadeh, Par. [0050]).
Regarding Claim 28, Ji as modified by Alizadeh teaches at least one fluid reference volume is encapsulated within the optically transmissive filler material (See Claim 12 rejection).
Regarding Claim 29, Ji as modified by Alizadeh teaches the fluid reference volume comprises a line-lock reference (See Claim 13 rejection).
Regarding Claim 30, Ji as modified by Alizadeh the fluid reference volume is provided by injecting a known fluid into the optically transmissive filler material (See Claim 14 rejection).
Regarding Claim 35, Ji as modified by Alizadeh gas absorption is measured using wavelength modulation spectroscopy (Alizadeh, Par. [0003, 0006], in order to offer very high sensitivity and enhanced spectral resolution).
13. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of US Patent No. 4875357 A by Giallorenzi (hereinafter Giallorenzi).
Regarding Claim 15, Ji teaches the optically transmissive filler (See Claim 1 rejection) but does not explicitly teach a field generator for applying electrical and/or magnetic fields across the optically transmissive filler.
However, Giallorenzi teaches a field generator for applying electrical and/or magnetic fields across the chamber (Fig. 1, 5-7, Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ji by Giallorenzi as taught above such that a field generator for applying electrical and/or magnetic fields across the optically transmissive filler is accomplished in order to provide a signal output proportional to the concentration of the paramagnetic/diamagnetic gas (Giallorenzi, Abstract).
Conclusion
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/JAMIL AHMED/Primary Examiner, Art Unit 2877
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