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 .
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.
Claims 7, 9, and 16 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.
With respect to claims 7 and 9, the limitations “regression analysis as a polynomial function” is unclear. A regression analysis often involves polynomial functions, those polynomial function actually being the regression function claimed. However, determining a regression function by means of a regression analysis as a polynomial function doesn’t make sense. The regression function could be a polynomial function and determined through regression analysis, but the phrase “regression analysis as a polynomial function” isn’t clear. Correction is required.
With respect to claim 16, the limitation “the at least one nozzle is configured to at least partially form the at least two differently sized measurement volumes” is unclear. It is unclear if the nozzle is forming the measurement volumes by virtue of just inputting the material that makes up the volumes, or if the nozzle forms a boundary of the volumes, or the nozzle is somehow responsible for making the two volumes differently sized. Since there are several interpretations of the claim language it is considered indefinite. For the purposes of examination, the examiner will interpret the claim to mean that the nozzle forms the measurement volumes by inputting the dispersion material.
Any claim which depend upon the above claims are likewise rejected for failing to correct the deficiencies in the claims upon which they depend.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 8, 10, 11, and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being SEVICK-MURACA U.S. Patent #5,818,583.
With respect to claim 1, Sevick-Muraca discloses a characterization of luminescence in a scattering medium comprising:
A method for measuring at least one of the size and the concentration of particles in a dispersion (abstract)
Illuminating at least one measurement volume of a dispersion with at least one light source, wherein light beams of the at least one light source are scattered by particles of the dispersion in the at least one measurement volume (Figure 1, one light source= laser 21, Col.4, l 13-18, Col.5, l 67-Col.6, l 5)
Performing a time-dependent measurement of at least one scattered light signal of the at least one measurement volume of the dispersion by at least one photodetector, wherein the measurement comprises obtaining a frequency distribution of a time-dependent scattered light signal of the at least one scattered light signal (Figure 1, photodetector = sensor 38, Col.4, l 14-18, Col.6, l 57-65, Col.9, l 4-9)
Determining at least one of the size and concentration of the particles of the dispersion in the at least one measurement volume by means of a computer implemented regression function from the obtained frequency distribution of the time-dependent scattered light signal (Col.7, l 31-37, Col.10, l 38-53, Col.13, l 51-53, wherein f(x) = particle size distribution = size and Φ = volume fraction = concentration)
With respect to claim 8, SEVICK-MURACA discloses all of the limitations as applied to claim 1 above. In addition, SEVICK-MURACA discloses:
Performing the time dependent measurement of the at least one scattered light signal comprises measuring the at least one scattered light signal by the at least one photodetector at an angle in the range of 10° to 170° from non-scattered light beams of the at least one light source penetrating the at least one measurement volume (Figure 1, wherein 30 is the input fiber for the light source such that the non-scattered light beams penetrate “down” according to the figure, and the detection of scattered light is in the direction of 90° from there at the collection fiber 36)
With respect to claim 10, SEVICK-MURACA discloses a characterization of luminescence in a scattering medium comprising:
A device for measuring at least one of the size and the concentration of particles in a dispersion (abstract)
At least one light source configured to illuminate at least one measurement volume of the dispersion in the measuring cell (Figure 1, one light source= laser 21, Col.4, l 13-18, Col.5, l 67-Col.6, l 5)
At least one photodetector configured to measure scattered light from the at least one measurement volume when illuminated by the at least one light source (Figure 1, photodetector = sensor 38, Col.4, l 14-18, Col.6, l 57-65, Col.9, l 4-9)
A data processing unit comprising a processor configured to determine at least one of the size and concentration of particles of the dispersion in the at least one measurement volume via a regression function from a frequency distribution of a time dependent scattered light signal of the scattered light (Col.7, l 31-37, Col.10, l 38-53, Col.13, l 51-53, wherein f(x) = particle size distribution = size and Φ = volume fraction = concentration)
With respect to claim 11, SEVICK-MURACA discloses all of the limitations as applied to claim 1 above. In addition, SEVICK-MURACA discloses:
Wherein the at least one photodetector is arranged at an angle in the range of 10° to 170° to the optical axis of the at least one light source (Figure 1, wherein 30 is the input fiber for the light source such that the optical axis of the light source is “down” according to the figure, and the photodetector is 90° from there at the collection fiber 36)
With respect to claim 20, SEVICK-MURACA discloses all of the limitations as applied to claim 1. In addition, SEVICK-MURACA discloses:
A computer readable medium readable by one or more processing unit and storing instruction for execution by one or more processor for performing a method of measuring at least one of the size and the concentration of particles of a dispersion (Col.7, l 31-37)
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2, 3, 4, 5, 6, 7, 9, 12, 13, 14, 15, 16, 17, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over SEVICK-MURACA U.S. Patent #5,818,583 in view of SEVICK-MURACA2 U.S. Patent #7,054,002 (herein after referred to as Sevick-Muraca2).
With respect to claims 2 and 12, SEVICK-MURACA discloses all of the limitations as applied to claims 1 and 10. SEVICK-MURACA fails to disclose illuminating at least one measurement volume comprises illuminating at least two differently sized measurement volumes of the at least one measurement volume of the dispersion with the at least one light source.
Sevick-Muraca2 discloses characterization of a scattering medium comprising:
Illuminating at least two differently sized measurement volumes of the at least one measurement volume of the dispersion with the at least one light source (Figure 1, Col.4, l 13-22, wherein the first volume has radius r1 and the second volume has radius r2)
It would have been obvious to one of ordinary skill in the art at the time of the invention to use a second measurement volume as in Sevick-Muraca2 since the different volumes allow greater information to be garnered, specifically related to photon migration through the medium without requiring a known reference fluorophore or a non-scattering solution for the particles(Col.2, l 41-46, Col.1, l 43-52).
With respect to claim 3, 4, 13, 14, 15, 17 and 19, SEVICK-MURACA in view of Sevick-Muraca2 discloses all of the limitations as applied to claim 1, 2, 10, and 12 above. In addition, Sevick-Muraca2 discloses:
3, 17- At least two differently sized measurement volumes are spatially separated (Figure 1, next to each other, Col.4, l 19-23)
4- Performing time dependent measurement comprises performing a time-dependent measurement of at least two scattered light signals of the at least two differently sized measurement volumes of the dispersions (Col.6, l 2-11, 47-51, wherein modulation of light source requires a time dependency)
13- the data processing unit is configured to determine at least one of the size and concentration of particles of the dispersion in the at least two measurement volumes via a regression function from a frequency distribution of a time dependent scattered light signal (as disclosed in claim 10 above, obvious to perform in the same way for both sensors)
14- at least two light sources (Figure 1, laser diode λx 24 and laser diode λm 26)
15- at least two photodetectors (Figure 1, sensor 58a and sensor 58b)
19- at least one color filter configured such that only the scattered light form the at least one light source is transmitted to the at least one photodetector (Col.2, l 63-67)
With respect to claims 5 and 18, SEVICK-MURACA in view of Sevick-Muraca2 disclose all of the limitations as applied to claims 1, 2, 4, 10, and 12 above. However, SEVICK-MURACA and Sevick-Muraca2 fail to disclose the ratio between the measurement volumes is in the range of 1:2 to 1:1,000.
It would have been obvious to one of ordinary skill in the art at the time of the invention to determine a result effective variable such as a measurement volume based upon the size of particles being considered, the noise in the system, the power of the light source and sensor, and other factors. The range of potential ratios between the measurement volumes is broad, implying no specific reasoning or surprising result when a particular ratio is selected within that range.
With respect to claim 6, SEVICK-MURACA in view of Sevick-Muraca2 discloses all of the limitations as applied to claims 1, 2, and 5 above. In addition, SEVICK-MURACA discloses the limitations as applied to claim 8 above.
With respect to claim 7, 9, SEVICK-MURACA in view of Sevick-Muraca2 discloses all of the limitations as applied to claims 1 and 6 above. In addition, SEVICK-MURACA discloses:
Obtaining the computer implemented regression function by means of regression analysis as a polynomial function (Col.11, l 6-12, wherein µ is a polynomial)
With respect to claim 16, SEVICK-MURACA in view of Sevick-Muraca2 discloses all of the limitations as applied to claims 10, 12, and 13 above. However, SEVICK-MURACA and Sevick-Muraca2 fail to disclose at least one nozzle at an inlet of the dispersion. SEVICK-MURACA and Sevick-Muraca2 are silent with respect to how the dispersion enters the sample tank or sample container.
It would have been obvious to one of ordinary skill in the art at the time of the invention to use a nozzle to input the sample into the container since nozzles are effective at conveying samples in a controlled manner, especially of small sizes like considered in the references. The examiner takes official notice of the fact that nozzles are well known in the art for inputting samples. Additionally, accepting that the nozzle forms at least partially the measurement volume by inputting the material responsible for making up the volume (see rejection under 35 USC 112 above for clarification issue and interpretation) is common sense for an input chamber of particles and physically doesn’t actually change the device itself but only the interpretation and labels of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 5712723995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA C BRYANT/Primary Examiner, Art Unit 2877