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 .
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)(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, 4-9, 11, 16, 17, 21 and 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
PNG
media_image1.png
256
472
media_image1.png
Greyscale
Ma (CN 118032658).
Ma shows a quartz-enhanced photoacoustic spectroscopy (QEPAS; Background) as follows:
An infrared detector comprising:
a tuning fork resonator ("a quartz tuning fork 6") comprising an mechanical-to-electrical transduction mechanism configured to output an electrical signal (Para. [0022]: "the piezoelectric effect converts the mechanical vibration into electric signal");
a metamaterial absorber residing on at least one side of the tuning fork resonator (Para. [0022]: "metal micro-nano array 7 at the root part of the interdigital finger." Please note that the claim is not specific as to which side), the metamaterial absorber comprising at least a material layer with subwavelength inclusions (Para. [0015]: "the metal micro-nano array whose size is less than the wavelength"; the array has spaces. Please note the term "subwavelength" is not limited because the wavelength is not limited to any particular wavelength); and
a signal processing circuit to translate the electrical signal into an amplitude of mechanical motion of the tuning fork (Para. [0022]: "the signal demodulation unit 8 and is detected, and the demodulated data is input to the computer 12 for final processing so as to obtain the relationship between the gas concentration and the current signal.").
4. The infrared detector of claim 1, wherein metamaterial absorber comprises: a metal resonator antenna layer comprising at least one feature smaller than a wavelength of infrared light; a dielectric layer under the metal resonator antenna layer; and a metal ground plane layer under the dielectric layer (Para. [0014]: "The metamaterial absorber is generally a metal-dielectric-metal three-layer structure. the uppermost layer is a periodically arranged metal micro-nano structure").
5. The infrared detector of claim 4, wherein the metal resonator antenna layer is characterized by a broad absorption spectrum (Para. [0022]: it would be able to absorb the variable wavelength: "the output wavelength and the output power of the tunable semiconductor laser 1 can be changed," Para. [0026]: "the line width should not be greater than 10 MHz.").
6. The infrared detector of claim 4, wherein the metal resonator antenna layer is characterized by a narrow absorption spectrum (Para. [0026]: "the line width should not be greater than 10 MHz.")..
7. The infrared detector of claim 1, wherein metamaterial absorber comprises a metal layer comprised of subwavelength nanoparticles (Para. [0034]: "In the present invention, the period of the metal particles in the metal micro-nano array 7 is less than or equal to 500 nm.").
8. The infrared detector of claim 1, wherein the metamaterial absorber comprises a plurality of islands (Para. [0034]: "metal particles"), each metal island comprising a size and/or a geometry based on a desired absorption spectrum linewidth and/or strength (Para. [0034]: "In the present invention, the period of the metal particles in the metal micro-nano array 7 is less than or equal to 500 nm.").
9. The infrared detector of claim 8, wherein the plurality of islands comprises dielectric islands (Para. [0014]:"The metamaterial absorber is generally a metal-dielectric-metal three-layer structure").
11. The infrared detector of claim 1, further comprising: a first tine extending from a base; and a second tine extending from the base opposite the first tine (See Fig. 2; "tuning fork finger"); wherein the first and second tines being configured to deform based on a mechanical stress imposed on the tuning fork resonator through absorbed infrared light (Para. [0022]:"the quartz tuning fork absorbs the laser energy to generate periodic elastic deformation so as to generate vibration,"; "the tunable semiconductor laser 1 is a single longitudinal mode output distributed feedback semiconductor laser continuously tunable in the near infrared band).
16. A method (Para. [0022]) comprising:
receiving, from a testing chamber ("gas chamber 4") containing an analyte (target gas), modulated infrared light ("the laser is modulated") at a metamaterial absorber layer of a tuning fork resonator ("quartz tuning fork 6 with metal micro-nano array 7 at the root part of the interdigital finger"), the modulated infrared light causing the tuning for resonator to vibrate at a frequency based in part on a modulation frequency of the infrared light and with an intensity corresponding to a concentration of the analyte present in the testing chamber ("after the target gas absorbs the laser energy, the laser is emitted from the gas chamber 4, the rear light beam focusing lens 5 is irradiated on the area of the quartz tuning fork 6…the quartz tuning fork 6 absorbs the laser energy to generate periodic elastic deformation so as to generate vibration");
receiving an electrical signal representative of the intensity of the vibration of the tuning fork resonator ("the piezoelectric effect converts the mechanical vibration into electric signal"); and
determining the concentration of the analyte based on a comparison of the received electrical signal and a reference signal ("the piezoelectric effect converts the mechanical vibration into electric signal…to obtain the relationship between the gas concentration and the current signal.").
17. The method of claim 16, wherein the electrical signal representative of an intensity of the vibration of the tuning fork resonator comprises an electrical signal generated from a piezoelectric effect, the piezoelectric effect causing charge to flow through an electrode based on a deformation of a tine during vibration of the tuning fork resonator (Para. [0022]:"The surface electrode of the quartz tuning fork 6 guides the electric signal ").
21. A system (Para. [0022]) comprising:
a metamaterial thermomechanical detector comprising a metamaterial absorber residing on at least one side of the metamaterial thermomechanical detector ("quartz tuning fork 6 with metal micro-nano array 7 at the root part of the interdigital finger");
a infrared light emitter ("the tunable semiconductor laser 1 is a single longitudinal mode output distributed feedback semiconductor laser continuously tunable in the near infrared band");
an analyte test chamber configured to contain an analyte ("gas chamber 4");
an infrared light emitter controller ("a signal generator 9, an adder 10, a laser control unit 11") configured to provide a modulation signal for modulating emission of infrared light from the infrared light emitter; and
a signal analysis processor ("computer 12") comprising hardware circuitry and software (inherent), the signal analysis processor configured to:
receive an electrical signal from the metamaterial thermomechanical detector, the electrical signal being representative of a vibrational intensity of the metamaterial thermomechanical detector ("the quartz tuning fork 6 absorbs the laser energy to generate periodic elastic deformation so as to generate vibration"), determine an intensity of infrared light of a predetermined frequency based on the received electrical signal, and determine a concentration of the analyte in the analyte test chamber based on the determined intensity of infrared light ("the computer 12 for final processing so as to obtain the relationship between the gas concentration and the current signal").
22. The system of claim 21, wherein the metamaterial absorber comprises: a resonator antenna layer, a dielectric layer under the resonator antenna layer, and a metal ground plane layer under the dielectric layer (Para. [0014]: "The metamaterial absorber is generally a metal-dielectric-metal three-layer structure. the uppermost layer is a periodically arranged metal micro-nano structure"); wherein the resonator antenna layer comprises a plurality of islands, each metal island comprising a size and/or a geometry based on a desired absorption spectrum linewidth and/or strength (Para. [0034]: "In the present invention, the period of the metal particles in the metal micro-nano array 7 is less than or equal to 500 nm.").
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma as applied to claim 1 above, and further in view of Official notice.
Regarding claim 2, Ma shows all the elements of claim 1 as discussed above and further shows the tuning fork has piezoelectric material and electrodes configured to conduct charge from movement of the piezoelectric substrate (approx. para. [0008]:"the surface electrode of the quartz tuning fork"). Ma does not show that the piezoelectric material to be a substrate and electrical contact pads. Official notice is taken that tuning forks having piezoelectric substrate and electrical contact pads were well known. Before the effective filing date of the claimed invention, it would have been obvious to use the well known tuning fork for simplicity of using a tuning fork that is readily available.
Claim(s) 3 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma as applied to claim 1 or 22 above, and further in view of Lin et al. (CN 106124411).
Regarding claim 3, Ma shows all the elements of claim 1 as discussed above but does not show the optical elements of claim 3. Lin shows a trace substance detection using a quartz tuning fork wherein optical interferometry is used to measure the vibration of the fork. The interferometer has a fiber (6, an optically transparent material), laser 9, photodetector 11, and partially reflecting mirror 61.
Before the effective filing date of the claimed invention, it would have been obvious to use the interferometer of Lin for the predictable result of measuring the vibration of the fork of Ma.
Regarding claim 23, the basis for modification applies as claim 3.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma as applied to claim 8 above, and further in view of He (CN 115494018, submitted in IDS of 09/12/2024).
Ma shows all the elements as discussed for claim 8 above but does not show that the plurality of islands comprises semiconductor islands.
He shows a metamaterial for a QEPAS that comprises semiconductor material (para. [0033]. Before the effective filing date of the claimed invention, it would have been obvious to use a semiconductor in the metamaterial of Ma for the predictable result of efficiently absorbing infrared light.
Claim(s) 15 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma as applied to claim 1 above, and further in view of Debely (U.S. Pat. No. 4,384,232).
Regarding claim 15, Ma shows all the elements of claim 1 as discussed above but does not show electrodes on each of the tines.
Debely shows a piezoelectric tuning fork with electrodes from each tine (Fig. 1).
Before the effective filing date of the claimed invention, it would have been obvious to use an electrode on each tine of Ma in order to detect the vibration of each tine.
The same basis applies for claim 24.
Allowable Subject Matter
Claims 12-14 and 18-20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 12-14, the prior art of record fails to show or suggest an infrared detector having all the elements as recited in claim 11 and wherein the optical cavity comprising: a first optical element on an inner surface of the first tine; and a second optical element on an inner surface of the second tine, the first optical element opposite the second optical element.
Regarding claims 18-20, the prior art of record fails to show or suggest an infrared detector having all the elements as recited in claim 16 wherein the electrical signal representative of an intensity of the vibration of the tuning fork resonator comprises an electrical signal generated from a photodetector receiving light reflected from an optical cavity formed on two tines of the tuning fork resonator.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kosterev et al. (2009/0174884)
PNG
media_image2.png
404
496
media_image2.png
Greyscale
shows a quartz-enhanced photoacoustic spectroscopy (QEPAS; para. [0013]) as follows:
An infrared detector comprising:
a tuning fork resonator (Para. [0028]:"the acoustic detector 120 may comprise a quartz tuning fork.") comprising an mechanical-to-electrical transduction mechanism configured to output an electrical signal (Para. [0028]: "The acoustic detector 120 is in electrical communication with a phase locked detector 122, which may be in electrical communication with a microprocessor 124.");
a (Para. [0029]: "Furthermore, a thermal sensing element 123 may be coupled to one of the tines "), the (para. [0030]: "thermal sensing element 123 include…strips, wires, or combinations thereof". The term "subwavelength" is not limited to any particular wavelength and the space between the strips, wires are inclusions); and
a signal processing circuit to translate the electrical signal into an amplitude of mechanical motion of the tuning fork (Para. [0023]: "(5) measuring the vibration amplitude of the detector, preferably by means of its piezoelectric response. Other possible options include interferometric and capacitive measurements of the detector vibrations.").
Kosterev does not show that the thermal sensing element 123 is a metamaterial with subwavelength inclusions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hwa Andrew S Lee whose telephone number is (571)272-2419. The examiner can normally be reached Mon-Fri 9am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacolleti can be reached at (571) 270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Hwa Andrew Lee/Primary Examiner, Art Unit 2877