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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/29/2024 was considered by the examiner.
Claim Objections
Claims 1, 2, 6, 7 and 8 are objected to because of the following informalities:
Regarding claim 1, "a Raman light" in line 14 should read "the Raman light" and "to guide light" in line 18 should read "to guide the light”.
Regarding claim 2, “receive gas to be monitored” in line 3 should read “receive the gas to be monitored”.
Regarding claim 6, "direct fiber feed-throughs or fiber connectors" in line 2 should read "direct fiber feed-throughs, fiber connectors" because the "or" is already recited before "optical windows."
Regarding claim 7, "first end" in line 4 should read "first longitudinal end".
Regarding claim 8, “comprising::” in line 1 should read “comprising:” to remove the repeated colon.
Appropriate correction is required.
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.
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.
Claims 7-10 and 14-15 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.
Regarding claim 7, the claim recites the limitation “a first transmission optical fiber” in line 4. Based on the applicant’s specification (Fig. 1 or 2; [0094]), it appears the first transmission optical fiber (ref 2.1) is part of the “transmission optical fiber” (ref 2) recited in claim 1 line 16 and shown as ref 2 in the figures. However, from the claims, the relationship between the first transmission optical fiber and the transmission optical fiber is unclear. Based on claim 1, the transmission optical fiber can have the same connections as the first transmission optical fiber. Are they different optical fibers? Are they the same optical fiber? Is the first transmission optical fiber a subset of the transmission optical fiber? For the purposes of examination, the claim is interpreted to include “the transmission optical fiber comprises a first transmission optical fiber” in line 1. Appropriate correction is required.
Regarding claim 8, the claim recites the limitation “the Raman probe” in lines 3 and 6. There is insufficient antecedent basis for this limitation in the claim. The Raman probe appears to correspond to reference 3 in Fig. 1 and is described as a set of optical components, for instance mirrors, filters, dichroic mirror, that allows to separate the laser source from the Raman signal, so that only the latter reaches the detector ([0093]). It appears the claim is missing "a Raman probe, the first transmission optical fiber being coupled to the Raman probe" in the second line and the claim will be interpreted as such for the purposes of examination.
Further, similar to claim 7, it appears the second (2.2) and third transmission optical fibers (2.3) are part of the transmission optical fiber (2) recited in claim 1 line 16 and shown as shown in Fig. 1 and [0094]. However, from the claims, the relationship between the transmission optical fiber and the second and third transmission optical fibers is unclear. Based on claim 1, the transmission optical fiber can have some of the same connections as the second and third transmission optical fibers. Are they different optical fibers? Are they all the same optical fiber? Are the second and third transmission optical fiber subsets of the transmission optical fiber? Is the transmission optical fiber connected to the Raman probe? For the purposes of examination, the claim is interpreted to include “the transmission optical fiber comprises:” in line 1. Appropriate correction is required.
Regarding claim 9, similar to claims 7 and 8, it appears the first (2.2) and second transmission optical fibers (2.3) are part of the transmission optical fiber (2) recited in claim 1 line 16 and shown as shown in Fig. 2 and [0114]. However, from the claims, the relationship between the transmission optical fiber and the first and second transmission optical fibers is unclear. Based on claim 1, the transmission optical fiber can have some of the same connections as the first and second transmission optical fibers. Are they different optical fibers? Are they all the same optical fiber? Are the first and second transmission optical fiber subsets of the transmission optical fiber? For the purposes of examination, the claim is interpreted to include “the transmission optical fiber comprises:” in line 1. Appropriate correction is required.
Regarding claim 14, the claim recites “wherein the hollow core optical fiber is coupled to a transmission optical fiber inside the vacuum gap.” Is this transmission optical fiber different than the one recited in claim 1? Based on the applications specification and figures, it appears that the claim is referring to either the first transmission optical fiber 2.1 or the second transmission optical fiber 2.2 (Fig. 1 or 2; [0094]; [0114]). For the purposes of examination, the claim is interpreted as “the transmission optical fiber comprises a first transmission optical fiber inside the vacuum gap, wherein the hollow core optical fiber is coupled to first transmission optical fiber”. Appropriate correction is required.
Regarding claim 15, the claim recites “wherein the transmission optical fiber is coupled at the outer wall of the tank to a transmission optical fiber located outside the vacuum gap.” Is “the transmission optical fiber” the same as the one recited in claim 1? Is it the one further recited in claim 14? What is “a transmission optical fiber” referring to? Based on the applications specification and figures, it appears that the claim is referring to the connection between the first transmission optical fiber (2.1) or the second transmission optical fiber (2.2) inside vacuum gap (5) and the transmission optical fiber (2) outside the vacuum gap (5). For the purposes of examination, the claim is interpreted as “wherein the first transmission optical fiber is coupled at the outer wall of the tank to the transmission optical fiber located outside the vacuum gap” based on the above interpretation of claim 14. Appropriate correction is required.
Claim 10 is rejected based on its dependency.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-7, 9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Towards label-free distributed fiber hydrogen sensor with stimulated Raman spectroscopy by Yang et al. (cited in IDS filed 05/29/2024; hereinafter Yang).
Regarding claim 1, Yang teaches a gas monitoring system for detecting chemical substances in a gas (abstract), the system comprising:
a Raman spectrometer (Abstract; Fig. 1) comprising:
an excitation source of light configured to illuminate a gas to be monitored (Fig. 1b pump and probe laser; page 11 appendix D gas sample),
a hollow core optical fiber having a longitudinal axis (Fig. 1b HC-PCF or page 1 para 1 hollow-core photonic crystal fiber), a first longitudinal end, a second longitudinal end (Fig. 1b shows two ends of HC-PCF), an outer surface and an inner hollow core surface (Fig. 8 shows outer and inner surface), the hollow core optical fiber being configured to:
receive in the hollow core optical fiber the gas to be monitored (Fig. 1b; caption; page 4 chapter 3.1 gas is received through micro-channels),
receive, at the first or the second longitudinal end, a light emitted by the excitation source of light (Fig. 1b; caption, page 4 chapter 3.1 pump and probe light received by HC-PCF),
transmit, at the first or the second longitudinal end, a Raman light generated in the hollow core optical fiber by the gas to be monitored when being illuminated by a received light (Fig. 1b; caption; page 4 chapter 3.1; Raman light is transmitted from left end of HC-PCF), and
a detector configured to receive a Raman light transmitted by the hollow core optical fiber Fig. 1b PD photodetector; caption; page 4 chapter 3.1)
a transmission optical fiber coupled to the first longitudinal end, the second longitudinal end, or both longitudinal ends of the hollow core optical fiber and configured to guide light emitted by the excitation source of light to the hollow core optical fiber, or to guide the Raman light transmitted at the first or the second longitudinal end of the hollow core optical fiber towards the detector, or both (Fig. 1b; caption; HC-PCF is spliced to SMF single mode fiber page 4 chapter 3.1. on both ends, the left end connects to the PD and pump light and the right end to the probe light; Fig. 8, page 11 appendix D).
Regarding claim 2, Yang teaches the gas monitoring system according to claim 1 and further teaches wherein the hollow core optical fiber comprises channels communicating the outer surface and the inner hollow core surface such that the hollow core optical fiber is configured to receive gas to be monitored through the channels (Fig. 1b micro-channels for gas ingress/egress; caption; page 4 chapter 3.1; page 11 appendix D).
Regarding claim 3, Yang teaches the gas monitoring system according to claim 2 and further teaches wherein the channels have a longitudinal axis perpendicular to the longitudinal axis of the hollow core optical fiber (Fig. 1b shows the axis of the channels are perpendicular to the axis of the hollow core fiber; page para 2 the micro-channels were drilled into the optical fiber).
Regarding claim 4, Yang teaches the gas monitoring system according to claim 1 and further teaches wherein the transmission optical fiber is coupled to the inner surface of the hollow core optical fiber (Fig. 8; page 11 appendix D; fiber 1 or fiber 2 coupled to inner surface of HC-PCF).
Regarding claim 5, Yang teaches the gas monitoring system according to claim 1 and further teaches wherein the transmission optical fiber and the hollow core optical fiber are coupled by gluing or splicing (Fig. 8 UV glue; page 11 appendix D; page 4 chapter 3.1 HC-PCF spliced to SMF).
Regarding claim 6, Yang teaches the gas monitoring system according to claim 5 and further teaches wherein the transmission optical fiber and the hollow core optical fiber are spliced with direct fiber feed-throughs or fiber connectors, feed-through flanges, or optical windows (page 11 appendix D HC-PCF spliced to SMF; Fig. 8 shows ceramic sleeve fiber connector).
Regarding claim 7, Yang teaches the gas monitoring system according to claim 1 and further teaches wherein the first longitudinal end of the hollow core optical fiber is configured to receive the light emitted by the excitation source of light and to transmit the Raman light generated by the gas to be monitored (Fig. 1b shows the left end of the HC-PCF is connected to both the pump laser and PD, thus receives excitation light and transmits Raman light) and a first transmission optical fiber is coupled to the first end of the hollow core optical fiber (Fig. 1b SMF single mode fiber couples to left end of HC-PCF; page 11 appendix D; page 4 chapter 3.1).
Regarding claim 9, Yang teaches the gas monitoring system according to claim 1 and further teaches a first transmission optical fiber coupled to the first longitudinal end of the hollow core optical fiber (Fig. 1b right end) and configured to guide the light emitted by the excitation source of light to the hollow core optical fiber (Fig. 1b; caption; HC-PCF is spliced to SMF single mode fiber page 4 chapter 3.1.; right end connects of HC-PCF to the probe light which is part of the excitation light source), and,
a second transmission optical fiber coupled to the second longitudinal end of the hollow core optical fiber (Fig. 1b left end) and configured to guide the Raman light transmitted at the hollow core optical fiber towards the detector 9Fig. 1b; caption; HC-PCF is spliced to SMF single mode fiber page 4 chapter 3.1; right end connects HC-PCF to the photodetector).
Regarding claim 11, Yang teaches the gas monitoring system according to claim 1 and further teaches wherein the gas to be monitored comprises N2, H2, O2, and combinations thereof (hydrogen, abstract).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yang.
Regarding claim 8, Yang teaches the gas monitoring system according to claim 1 and further teaches a second transmission optical fiber being coupled at its other longitudinal end to the excitation source of light and a third transmission optical fiber being coupled at its other longitudinal end to the detector (Fig. 1b; caption; HC-PCF is spliced to SMF single mode fiber page 4 chapter 3.1. on both ends, the left end connects to the PD and pump light and the right end to the probe light; Fig. 8, page 11 appendix D; thus the right side is the second transmission optical fiber, and the left side is the third optical transmission fiber).
Yang does not explicitly teach in this embodiment wherein the second transmission optical fiber being coupled at one longitudinal end to the Raman probe and the third transmission optical fiber being coupled at one longitudinal end to the Raman probe.
However, Yang does address this limitation in a separate embodiment.
Yang teaches a second transmission optical fiber being coupled at one longitudinal end to the Raman probe and being coupled at its other longitudinal end to the excitation source of light (Fig. 7, caption, page 11 appendix C, figure shows optical fiber connecting pump light to an optical circulator which acts as the Raman probe because it separates the laser source from the Raman signal, so that only the latter reaches the detector as described by the applicant spec [0093]), and,
a third transmission optical fiber being coupled at one longitudinal end to the Raman probe and being coupled at its other longitudinal end to the detector (Fig. 7, caption, page 11 appendix C, figure shows optical fiber connecting the optical circulator the photodetector PD).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use a Raman probe to separate test and measurement light for detection and to connect components with optical fibers. Therefore, it would have been obvious to modify the first embodiment of Yang to include, if not already, wherein the second transmission optical fiber being coupled at one longitudinal end to the Raman probe and the third transmission optical fiber being coupled at one longitudinal end to the Raman probe as suggested by the second embodiment, in order to efficiently perform distributed hydrogen sensing using a well-known technique.
Regarding claim 10, Yang teaches the gas monitoring system according to claim 9 and although Yang does not teach, in this embodiment, a filter coupled between the second longitudinal end of the hollow core optical fiber and the second transmission optical fiber, Yang does address this limitation in a separate embodiment.
Yang teaches a filter coupled between an end of the hollow core optical fiber and the photodetector (Fig. 7 caption pump filter). The pump filter is used is used before photo-detection to filter out the residual pump light (page 11 appendix E).
Since the second transmission optical fiber is coupled between the hollow core optical fiber and the detector, it would have been well known and obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment of Yang to include a filter coupled between the second longitudinal end of the hollow core optical fiber and the second transmission optical fiber as suggested by the second embodiment, in order to filter out the residual pump light, thus reducing error.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of EP4127658B1 by Zlatkov et al. (hereinafter “Zlatkov”; translation provided) and US20100229662A1 by Brower.
Regarding claim 12, Yang teaches the gas monitoring system according to claim 1 and although Yang teaches a hydrogen sensor (abstract), Yang is silent as to an aircraft comprising: a hydrogen tank comprising an inner wall defining an inner chamber configured to house hydrogen and an outer wall which encloses the inner wall, the inner wall and the outer wall being separated by a vacuum gap configured to be kept at vacuum conditions, the gas monitoring system according to claim 1, the hollow core optical fiber located within the vacuum gap, the detector and the excitation source of light located outside the vacuum gap.
However, Zlatkov does address some of these limitations. Zlatkov and Yang are considered to be analogous to the present invention as they are in the same field of gas detection.
Zlatkov teaches a sensor for detecting gas that can be used in the periphery of a fuel cell system for detecting hydrogen and can be used for detecting leaks ([0044]). The sensor can be arranged within an interior space and/or within a fuel cell system of a means of transportation ([0045]). For example, the sensor can be arranged in a hydrogen storage device or a region surrounding the latter or in a hydrogen-carrying component or a region surrounding the latter ([0047]). The means of transport can include aircraft ([0041]).
Although Zlatkov does not explicitly teach the hydrogen tank comprising an inner wall defining an inner chamber configured to house hydrogen and an outer wall which encloses the inner wall, the inner wall and the outer wall being separated by a vacuum gap configured to be kept at vacuum conditions and the hollow core optical fiber located within the vacuum gap, the detector and the excitation source of light located outside the vacuum gap, Zlatkov does teach the detector and the excitation source of light located inside an optoelectronic unit that is arranged outside of the tank or exhaust channel ([0046]; [0053] contains light source; [0054] contains detector). Additionally, Fig. 4 appears to show the optical fiber of the gas sensor (capillaries 21) arranged between an inner and outer wall of the measurement cell (20) ([0051] The core piece of the measuring cell 20 is a capillary 21 which is wound spirally around a, for example, cylindrical carrier core 22.; see Fig. 1).
Further, Brower does address this limitation. Brower, Zlatkov, and Yang are considered to be analogous to the present invention as they are in the same field of gas detection.
Brower teaches a pipeline (Fig. 5; [0075])) comprising an inner wall defining an inner core (inner pipe 20) configured to transport gas ([0075] cryogenic carrier pipe) and an outer wall which encloses the inner wall (outer casing 24), the inner wall and the outer wall being separated by a vacuum gap configured to be kept at vacuum condition ([0067] vacuum in the annular space between the inner and outer pipes), and wherein a fiber optic sensor is located within the vacuum gap ([0075] optical sensor system 44 in the annulus between pipes 20 and 24).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use the sensor within a vacuum gap of a hydrogen tank on an aircraft to detect potential leaks from the tank. Therefore, it would have been obvious to modify Yang to include an aircraft comprising: a hydrogen tank comprising an inner wall defining an inner chamber configured to house hydrogen and an outer wall which encloses the inner wall, the inner wall and the outer wall being separated by a vacuum gap configured to be kept at vacuum conditions, the gas monitoring system according to claim 1, the hollow core optical fiber located within the vacuum gap, the detector and the excitation source of light located outside the vacuum gap as suggested by Zlatkov and Brower in order to improve thermal performance (Brower [0068]) and create a closed air chamber which improves leak detection.
Regarding claim 13, Yang modified by Zlatkov and Brower teach the aircraft according to claim 12, but Yang is silent as to wherein the transmission optical fiber and the hollow core optical fiber are coupled at the outer wall of the tank.
However, Zlatkov does address this limitation.
Zlatkov teaches wherein the transmission optical fiber ([0068] first light guide 32.1 or second light guide 32.1) and the hollow core optical fiber ([0062] capillaries are hollow glass waveguide) are coupled at the outer wall of the tank ([0067] optical decoupling points 23.2 and 23.3).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use optical fibers to connect optical elements. Therefore, it would have been obvious to modify Yang to include wherein the transmission optical fiber and the hollow core optical fiber are coupled at the outer wall of the tank as suggested by Zlatkov in order to efficiently transmit light to the gas monitoring system.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Zlatkov and Brower as applied to claim 12 above and in further view of US20120105827A1 Carter et al. (hereinafter “Carter”).
Regarding claim 14, Yang modified by Zlatkov and Brower teach the aircraft according to claim 12, but Yang is silent as to wherein the hollow core optical fiber is coupled to a transmission optical fiber inside the vacuum gap.
However, Carter does address this limitation. Carter and Yang are considered to be analogous to the present invention as they are in the same field of gas detection.
Carter teaches (Fig. 5 fiber-based gas sensor with hollow gas sampling structure 98 [0032]) that infrared source 90 is input into fiber 92, which is coupled through a boundary 94 to an enclosed environment 95 of interest via a single access port 96. The fiber may be coupled to a second fiber on the environment side of boundary 94. The fiber couples to hollow core optical fiber (98).([0032]).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use optical fibers to connect optical elements. Therefore, it would have been obvious to modify Yang to include wherein the hollow core optical fiber is coupled to a transmission optical fiber inside the vacuum gap as suggested by Carter in order to transmit light through an enclosed environment with reduced loss or error.
Regarding claim 15, Yang modified by Zlatkov, Brower, and Carter teach the aircraft according to claim 12, but Yang is silent as to wherein the transmission optical fiber is coupled at the outer wall of the tank to a transmission optical fiber located outside the vacuum gap.
However, Carter does address this limitation.
Carter teaches (Fig. 5 fiber-based gas sensor with hollow gas sampling structure 98 [0032]) that infrared source 90 is input into fiber 92, which is coupled through a boundary 94 to an enclosed environment 95 of interest via a single access port 96. The fiber may be coupled to a second fiber on the environment side of boundary 94. The fiber couples to hollow core optical fiber (98). ([0032]).
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use optical fibers to connect optical elements. Therefore, it would have been obvious to modify Yang to include wherein the transmission optical fiber is coupled at the outer wall of the tank to a transmission optical fiber located outside the vacuum gap as suggested by Carter in order to transmit light through a boundary with reduced loss or error.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN113588624A by Yang teaches Hollow optical fiber-based vacuum air cavity and gas detection system. In this design, the pressures at both ends of the hollow-core fiber are balanced, so that the microstructure of the hollow-core fiber is prevented from being damaged, and the output of the Raman signal is evenly distributed in the fiber, and the detection result is accurate (Abstract).
US20060238741A1 by Ninomiya teaches Gas leakage monitoring method and system. In the embodiment of Fig. 20, the laser beam and the Raman scattering light are introduced through respective optical fiber cables. Therefore, this embodiment is suitable for detecting leakage gas in, e.g., a dead space of a structure or a closed conduit ([0144]).
CN116124696A by Yu teaches a detection device for trace gas concentration based on a hollow-core optical fiber. The detection device comprises a laser output module, a gas chamber, a gas box, a collimator and a photoelectric detector, to-be-detected gas is filled into the hollow-core optical fiber through the through holes in the end surface and the side surface of the optical fiber (Abstract).
EP0780623A1 by Courtay teaches a Vessel with leak detector where its walls have an outer thermal insulation layer which contains an optical fibre (Abstract).
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/KAITLYN E KIDWELL/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877