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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/15/26 has been entered.
Remarks regarding Functional Language
Language in an apparatus or product claim directed to the function, operation, intent-of-use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See, e.g., In re Rishoi, 197 F.2d 342, 344-45 (CCPA 1952); In re Otto, 312 F.2d 937, 939-40 (CCPA 1963); In re Ludtke, 441 F.2d 660,663-64 (CCPA 1971); In re Yanush, 477 F.2d 958,959 (CCPA 1973). The patentability of an apparatus claim depends only on the claimed structure, not on the use or purpose of that structure, Catalina Mktg. Int'l, Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 809 (Fed. Cir. 2002), or the function or result of that structure. In re Oanly, 263 F.2d 844,848 (CCPA 1959). Please also see M.P.E.P. 2114[R-1].
The following limitations of claim “creating an array of data that is displayed as an image of the gas concentration measured across all the angular positions” are understood to be functional :
The limitation describes purpose, function, operation, or intent -of-use a “processing subsystem”. However, the claim does not disclose a sufficient structure which supports the function. Since Gao shows an identical structure as claimed, namely a processor receiving spectral data from a rotating mirror, the Examiner submits that the processor of Gao is capable of producing the claimed results.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3, 7-12, 14, & 16-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) 1 & 14 contains subject matter(s) “a photodetector having a wide field of view for detecting backscattered laser energy from the local area about the target, from different positions at different times”, “creating an array of data that is displayed as an image of the gas concentration measured across all the angular positions, the image presented as a visible depiction of a gas plume on the display screen”, & “creating an array of data that is displayed as an image of the gas concentration measured across all the angular positions, and the process being repeated in time to provide a continuous stream of concentration image frames by repeating the predetermined pattern of laser beam locations, the image presented in real time as a visible depiction of a gas plume on the display screen” which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant teaches an output signal for each angular direction as a colorized pixel located at the x-y coordinate corresponding to the angular direction, thus presenting a colorized map of measured ppm-m vs. angular direction (00036, lines 15-18). Applicant further teaches a processing subsystem is configured (e.g., programmed) to process an output of the photodetector at each location (00039, lines 10-12). Therefore, Applicant fails to teach an array of data displayed as gas concentration measurements across all the angular positions and photodetector having a wide field of view for detecting backscattered from different positions at different times. If new matter is added to the claims, the examiner should reject the claims under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph - written description requirement. In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981). Clarification 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.
Claim(s) 1, 3, 7, & 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over GAO CN 106402664 in view of VAKHSHOORI WO 2019231512 in further view of Choudhury US 20180188129 in further view of Hexagon Safety, “Modelling the Spread and Effects of Chemical Gas Plumes”, 2020 hereafter Hexagon Safety.
With respect to claim 1, Gao teaches a handheld gas detector (1) comprising:
a laser beam source (fig 1, 5) for outputting a laser beam (pg. 5, ¶ 5);
a mirror (fig 1, 13) in the path of the laser beam and actuatable “motor 14 shaft” (pg. 5, ¶ 10) in one or two angular directions (fig 2) “a detection track spiral tube” (pg. 6, ¶ 3, lines 3-8) that reflects the laser beam towards a target remote (fig 2, 16);
a controller “motor” (pg. 5, ¶ 10) configured to actuate the mirror to direct the reflected laser beam (28) to a predetermined pattern (fig 2) of locations on the target;
a photodetector (fig 1, 20) having a wide field of view for detecting backscattered laser energy (fig 1, 19) “scattered light” from the local area about the target (fig 1) (pg. 6, ¶ 3, lines 8-10) from different position “reflector is 1 to 6 degrees” (pg. 3, ¶ 4) at different times (fig 1, 15); and
a laser light collection optical element (fig 1, 10) for directing backscattered laser energy to the photodetector (38);
a processing subsystem “computer” (fig 1, 24) configured to process outputs “calculating the concentration of leaked gas” (pg. 2, ¶ 10, lines 8-9) lines of the photodetector at selected locations of the pattern.
Gao does not teach a housing.
Vakhshoori, in the same field of endeavor as Gao of standoff optical detection, teaches a housing configured to hold all optical and electrical components (fig 13a) (fig 14). At the time prior to the effective filing date of the invention it would have been obvious to one ordinary skill in the art to combine Vakhshoori’s housing with Gao’s optical and electrical components to enable user to conveniently detect leaks at remote places due to its handheld configuration.
The combination does not teach a microelectromechanical mirror.
Choudhury, in the same field of endeavor as Gao of remote leak detection of gases, teaches a light from a laser source is scanned using a microelectromechanical systems (MEMS) mirror (which is smaller and requires less power consumption relative to scanning large mirrors) (0047, lines 1-2). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to substitute the combination’s mirror for a MEMS mirror in order to scan light in a more compact manner with less power consumption.
The combination does not teach creating an array of data that is displayed as an image of the gas concentration measured across positions.
Hexagon Safety, in the same field of endeavor as Gao of remote leak detection of gases, teaches an array of data including an image of concentration across several positions (fig 1). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine an array of data displaying images across several positions to detect harmful gases in a wide area.
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The combination does not teach the processed photodetector outputs are utilized to render on a display screen a visible depiction of a gas plume.
Vakhshoori, in the same field of endeavor as Gao of standoff optical detection, teaches a display screen (fig 13B) on a housing configured to image the spectrum of an object (0147, lines 1-3), wherein a photodetector (fig 14, 1410) configured to capture the spectrum is electronically coupled to the display screen (fig 14, 1420). At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to combine Vakhshoori’s display screen with the combination’s photodetector to enable a user physically see the detected object.
With respect to claim 3 according to claim 1, the combination does not teach a video camera within the housing , the camera aimed substantially parallel to the laser beam, and the processing subsystem creates on the display screen an image of the target in addition to the visible depiction of the gas plume.
Vakhshoori, in the same field of endeavor as Gao of standoff optical detection, teaches a video camera (fig 14, 10) within the housing, wherein the camera is aimed substantially to parallel to the laser beam (fig 2, telescope) (pg. 7, 0015, lines 10-15). Vakhshoori further teaches the camera helps the user aim the spot onto a desired location in a surrounding environment via the display screen connected to a processing subsystem. At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to combine Vakhshoori’s video camera with the combination’s display screen to enable precise targeting of the laser beam onto a desired target.
With respect to claim 7 according to claim 1, the combination does not teach the wavelength of the laser beam source is tuned for detection of one of the gases selected from: methane.
The background of Gao invention teaches a laser remote sensing system and method for natural gas pipeline leak, wherein the invention patent system is mainly composed of a methane gas detection laser (pg. 2, ¶ 3, lines 15-18). Examiner notes on of ordinary skill in the art would understand a user tunes the wavelength of the laser of the gas detector since gas molecules absorb light at specific wavelengths. At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to tune the wavelength of the combination’s laser to detect the leaking of methane gas to help reduce greenhouse gases.
With respect to claim 8 according to claim 1, the combination teaches the handheld gas detector, wherein the laser beam source (10) is selected from one of the groups consisting of a quantum cascade laser (pg. 5, ¶ 6, line 3 Gao).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over GAO CN 106402664 in view of VAKHSHOORI WO 2019231512 in further view of Choudhury US 20180188129 in further view of Hexagon Safety, “Modelling the Spread and Effects of Chemical Gas Plumes”, 2020 hereafter Hexagon Safety in further view of MURJADA WO 2014143045.
With respect to claim 9 according to claim 1, the combination does not teach a receiver window that passes the laser wavelength while inhibiting passage of ambient light.
Murjada, in the same field of endeavor as Gao of gas detection via optics, teaches a receiver window that passes the laser wavelength while inhibiting all other radiation frequencies (0044, lines 1-4). Murjada further teaches selecting different materials for the window which are compatible with specific measurement ranges such as 2800 nm- 4300 nm of the gas detector for specific gases. Examiner notes one of ordinary skill in the art would understand sunlight i.e. ambient light would be viewed as all other light since it has a large spectrum that covers beyond 2800 nm- 4300 nm. At the time prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to combine Murjada’s receiver window with the combination’s housing to block unwanted background light which can distort or block measurements of the gases.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over GAO CN 106402664 in view of VAKHSHOORI WO 2019231512 in further view of Choudhury US 20180188129 in further view of Hexagon Safety, “Modelling the Spread and Effects of Chemical Gas Plumes”, 2020 hereafter Hexagon Safety in further view of VON DRASEK WO 0133200.
With respect to claim 10 according to claim 1, the combination does not teach the photodetector is a photodiode of the type including one of the groups consisting of silicon.
Von Drasek, in the same field of endeavor as Gao of infrared detection of gases, teaches a silicon photodiode is a suitable choice for monitoring species of gas in the near infrared region (pg. 15, lines 5-10). At the time prior to the effective filing date of the invention it would have been obvious to one ordinary skill in the art to combine Von Drasek’s photodetector with the combination’s laser as a design choice for detecting specific gas species.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 11, the prior art of record, taken alone or in combination, fails to disclose or render obvious “an input or calculation of wind speed and direction and the processing subsystem ( 48) is responsive to the wind speed and direction to calculate a gas plume leak rate”, in combination with the rest of the limitations of claim 11.
As to claim 12, the prior art of record, taken alone or in combination, fails to disclose or render obvious “a wind speed and direction sensor (51) and the processing subsystem (48) is responsive to the wind speed and direction sensor (51) to calculate a gas plume leak rate”, in combination with the rest of the limitations of claim 12.
As to claim 14, the prior art of record, taken alone or in combination, fails to disclose or render obvious “creating an array of data that is displayed as an image of the gas concentration measured across all the angular positions, and the process being repeated in time to provide a continuous stream of concentration image frames by repeating
the predetermined pattern of laser beam locations, the image presented in real time as a visible depiction of a gas plume on the display screen”, in combination with the rest of the limitations of claim 14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE C SMITH whose telephone number is (571)272-2526. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/MAURICE C SMITH/Examiner, Art Unit 2877
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