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 .
2. This Office Action is in response to amendments and remarks filed May 19, 2026. Claims 1-15 are currently pending.
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 1, 2, 6-9, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Ageel (US 2010/0046234 A1) in view of PEARL Jr. et al., (US 2017/0204718A1), and further in view of Dehkordi et al., (US 2024/0094593).
Regarding claim 1, Abu-Ageel discloses an apparatus for measuring photon density (mW/cm3) within a medium, the apparatus comprising:
a substrate (a hollow light guide 420, Fig.2A, or 520, Fig.2B) having a volume (“interior cavity”, see [0058]) for receiving photons (Fig.2 shows the hollow light guide 520 made from an optically transmissive material 521, defining the interior cavity for receiving photons) from within an optical radiation field (J/cm3)(Fig.2, the light source 410 generates optical radiation and the hollow light guide 420/520 is positioned within the radiation field and receives photons), the substrate (420, Fig.2A, or 520, Fig.2B) having (i) an outer periphery (515a, Fig.2B); (ii) an inner periphery (515b); and (iii) an exit aperture (“the exit aperture of optical element 417”, Fig.2B);
a first reflecting layer (414, Fig.2A, or 514, Fig.2B) coating at least a portion of the outer periphery of the substrate (see Fig.2, the reflective layer is applied to the periphery to keep photons inside the volume), the first reflective layer (414, Fig.2A, or 514, Fig.2B) configured to integrate the photons within the volume of the substrate (Fig.2 and [0062], light undergoes multiple reflections within the cavity);a plurality of entrance openings (416/516, Figs.2A or 2B, [0059], “an array of clear openings”) within the first reflective layer (414/514) for diffracting the photons entering the volume (see Fig.2); and a photon detector configured to receive the photons ([0097], “At least one photo-detector can be added… to sense the amount of outputted light”), and wherein the substrate (420 or 520, Fig.2A) having the coating (414/514) is configured such that the photons incident on the exit aperture of the volume of the substrate are at least substantially equally proportional to the photons incident on the plurality of entrance openings (see paragraphs [0061]-[0063], “ the reflective coating 414 an omni-directional reflector with very low optical losses”, showing the amount of light exiting is dependent upon light entering through the clear openings).
Abu-Ageel does not disclose the photon detector configured to detect a photon density and to produce an electrical signal representative of the detected photon density as claimed. PEARL Jr. et al., discloses a system comprising a photon detector (212, Fig. 2) configured to detect a photon density ([0053], detection of transmitted light related for analysis and quantification) and to produce an electrical signal representative of the detected photon density ([0055], “the detector 212 is configured to produce an output signal in the form of a voltage, and the signal produced by the detector 212 and the characteristic…may be directly proportional “). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Abu-Ageel, by utilizing the teaching of PEARL Jr. et al., to improve monitoring of output intensities.
Also, although Abu-Ageel discloses the plurality of entrance openings within the first reflective layer for diffracting the photons entering the volume (Fig.2), Abu-Ageel and PEARL Jr. et al., do not disclose the plurality of entrance openings are apertures having a nonuniform distribution on the substrate as claimed. Dehkordi et al., disclose a plurality of entrance openings are apertures having a nonuniform distribution on the substrate (Fig.5C, the apertures in the reflective/plasmonic coating layer 22, and [0129], “the resonant plasmonic layer (22) is patterned with a set of random apertures (59)… the apertures can also be patterned with a quasi-periodic tiling for the same purpose. The quasi-periodic tiling can be, for example, a Penrose tiling or a Robinson tiling”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Abu-Ageel and PEARL Jr. et al., by utilizing the teaching of Dehkordi et al., to produce a more uniform intensity distribution of light within cavity (Dehkordi et al., [0129]).
Regarding claim 2, Abu-Ageel in view of PEARL Jr. et al., and Dehkordi et al., as discussed in claim 1, Abu-Ageel discloses the first reflecting layer coating at least approximately 70% of the substrate (see Fig. 2, the interior surface is coated with the reflective layer except at openings).
Regarding claim 6, Abu-Ageel in view of PEARL Jr. et al., and Dehkordi et al., as discussed in claim 1, Abu-Ageel discloses at least one source producing light (410, Fig.2) within the optical radiation field having a range of wavelengths in the range of between approximately 200 nm and 400 nm ([0077], “the light source 410 (e.g. a laser source) that emits a lower wavelength range, e.g., near UV or UV light”, the near UV or UV light is within 300-400nm).
Regarding claim 7, Abu-Ageel in view of PEARL Jr. et al., and Dehkordi et al., as discussed in claim 1, Abu-Ageel discloses at least one source producing light within the optical radiation field having a range of wavelengths in the range of between approximately 400 nm and 700 nm ([0056], “The wavelength of light sources used in this disclosure ranges from 100 nm to 3000 nm”).
Regarding claim 8, Abu-Ageel in view of PEARL Jr. et al., and Dehkordi et al., as discussed in claim 1, Abu-Ageel discloses at least one source producing light within the optical radiation field having a range of wavelengths in the range of between approximately 700 nm and 2500 nm ([0056], “The wavelength of light sources used in this disclosure ranges from 100 nm to 3000 nm”).
Regarding claim 9, Abu-Ageel in view of PEARL Jr. et al., and Dehkordi et al., as discussed in claim 1, Abu-Ageel discloses at least one source producing light within the optical radiation field having a range of wavelengths in the range of between approximately 10 nm and 400 nm ([0082], “the light source 410 include a semiconductor light emitting device having a peak emission wavelength ranging from 360 nm to 500 nm, a laser diode device having a peak emission wavelength in the vicinity of 405 nm or in the vicinity of 445 nm”).
Regarding claim 11, Abu-Ageel in view of PEARL Jr. et al., and Dehkordi et al., as discussed in claim 2, Abu-Ageel discloses the shape of the plurality of entrance openings (416, Fig.2) being selected from a group consisting of one of circular, non-circular, oval, elliptical, rectangular, square, polygonal, spiral, and slits ([0059], “The size and shape of the clear opening 416 can be circular, square, rectangular, oval, one or two dimensional array of openings, or any other shape”).
5. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Abu-Ageel in view of PEARL Jr. et al., in view of Dehkordi et al., and further in view of Nakata (US 6,294,822 B1).
Regarding claim 12, Abu-Ageel in view of PEARL Jr. et al., and Dehkordi et al., as discussed in claim 1, although Abu-Ageel discloses the size and shape of the clear opening 416, one or two dimensional array of openings, or any other shape, and with a diameter of 5-50 microns ([0059]), Abu-Ageel in view of PEARL Jr. et al., do not disclose the plurality of entrance openings having a width that corresponds to the minimum wavelength within a range of wavelengths of interest within the optical radiation field as claimed. Nakata discloses entrance openings with a width that corresponds to the minimum wavelength within a range of wavelengths of interest within the optical radiation field (Figs. 8-10, short wavelength light of wavelength of approximately 420 nm or lower as the target for photovoltage, and the thickness is determined such that it will have an anti-reflective effect with respect to wavelengths which are the target for maximizing photoelectric conversion (col.9, lines 9-12)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Abu-Ageel, in view of PEARL Jr. et al., and Dehkordi et al., by utilizing the teaching of Nakata to size the entrance opening to correspond to the minimum wavelength of the radiation field, leading to improved monitoring of output intensities.
6. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Abu-Ageel in view of PEARL Jr. et al., in view of Dehkordi et al., and further in view of Sudraud et al., (US 6,365,898 B1).
Regarding claim 14, Abu-Ageel, in view of PEARL Jr. et al., and in view of Dehkordi et al., as discussed in claim 1, do not disclose the light pipe as claimed. Sudraud et al., disclose a light pipe (10, Fig.1) and the photons collected, directly or indirectly, by the light pipe 10 are supplied to the photo-multiplier 7 which generates an output signal (col.6, lines 22-24). In combination, the light pipe would couple to the exit aperture to carry the photons incident on the exit aperture from the volume of the substrate to a photon detector, wherein the photon detector and the light pipe would carry the photons incident on the exit aperture from the volume of the substrate to the photon detector as claimed. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Abu-Ageel, in view of PEARL Jr. et al., and in view of Dehkordi et al., by utilizing the teaching of Sudraud et al., to better control collecting photons from the volume to detector, leading to improved monitoring of output intensities.
Allowable Subject Matter
7. Claims 3-5, 10, 13, 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the prior art fails to disclose wherein the substrate having an optical axis and includes a lower region near the exit aperture, an upper region opposite the exit aperture, and a middle region between the lower region and the upper region and having an equator, and wherein the plurality of entrance openings comprises spiral openings having an increasing frequency and decreasing pitch near the middle region.
Claims 4 and 13 depend on claim 3.
Regarding claim 5, the prior art fails to disclose the substrate being substantially spherical and wherein a number of apertures increase as the location on the substrate nears the equator.
Claim 10 depends on claim 5.
Regarding claim 15, the prior art fails to disclose the substrate being substantially spherical and includes an equator within the middle region, and wherein the light pipe is perpendicular to the equator of the substantially spherical substrate.
Response to Arguments
8. Applicant’s arguments, see Remarks, filed on 05/19/2026 with respect to the rejection of claim 1 under 103 rejections have been fully considered and are persuasive in light of amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of C Abu-Ageel, in view of PEARL Jr. et al., and Dehkordi et al., (newly cited), wherein the limitation “wherein the plurality of entrance openings are apertures having a nonuniform distribution on the substrate” is relied on Dehkordi et al.
Conclusion
9. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/M.T.T./Examiner, Art Unit 2878
/THANH LUU/Primary Examiner, Art Unit 2878
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