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 .
Response to Amendment
The Amendment filed 11 February 2026 has been entered. Claims 1-16 remain pending in the application. Applicant’s amendments to Claims 3, 4, 10, 14 and 15 have overcome each and every objection previously set forth in the Non-Final Office Action mailed on 2 December 2025. However, Applicant’s amendments to Claims 3, 4, 10, 14 and 15 do not overcome the U.S.C. 103 rejections.
Response to Arguments
Applicant’s arguments, see Remarks, filed 11 February 2026, with respect to the U.S.C. 103 rejection of claims 1-16, have been fully considered and are not persuasive.
Applicant Remarks
Applicant remarks that the previous office action relies on Fransens fig. 9 (see. Para. [0107], [0121] and [0122]) to teach c). However, fig. 8 is relied on to teach the multiple narrow band pass filters. Fig. 9 is different from fig. 8, wherein only fig. 8 shows a calibration system using a broadband light source and multiple narrow band pass filters. Fig. 9 comprises an integrating sphere instead. Thus, the calibration is not performed with multiple narrow band pass filters. Fransens does not provide any suggestions to combine the different embodiments.
Applicant remarks that the calibration of Fransens is a calibration of a spatial variation; a variation between two pixels due to their different spatial locations on the sensor. This is specifically inherent to two-dimensional imaging sensors. The calibration of Fransens is not a calibration of wavelengths of the photosensitive elements as defined by claim limitation c); wherein the wavelength calibration is not performed prior to the method but is performed in method step c) itself with the detector signals generated in step b).
Regarding the wherein clause of step c), Applicant remarks that Fransens does not describe a wavelength calibration and can therefore not describe a determination of the wavelength and stray light calibration from the same detector signals. Further, the calibrations described in Fransens are performed sequentially; Therein, it is stated that "each step generates its own calibration data".
Applicant remarks the full spectral calibration described by Fransens does not use a narrow band pass filter, and can therefore not anticipate performing a combined wavelength and stray light calibration based on the same detector signals using a narrow band pass filter. The full spectral calibration of Fransens is performed with an embodiment of an HSI camera using a combination of an integrating sphere and a monochromator. The monochromator cannot be regarded as a narrow band pass filter within the meaning of claim 1. As described in Fransens para. [0121], a monochromator must be configured for scanning through the wavelength range, whereas a narrow band pass filter only transmits light within a specific narrow wavelength range.
In contrast to Fransens, limitation c) features have the technical effect of enabling a simple wavelength and stray light calibration of a spectrometer device. Specifically, using the same detector signals for determining the wavelength and the stray light calibration reduces the calibration effort as only one single calibration measurement is required with the spectrometer device.
Examiner responses
Examiner respectfully disagrees and points out that the claim limitations do not require "multiple narrow band pass filters", but rather "at least one narrow band pass filter". Fransens para. [0064] states that "embodiments of the invention use monochromatic light and optical filters interposed between the light source and the sensor", which does not limit this to fig. 8. Fransens para. [0076] specifying fig. 9 states "The evaluation system also includes a monochromator configured to be under control of a processor or a computer to measure the HSI system responses at one or more filter bands", further supporting the embodiment of fig. 9 to teach "at least one narrow band pass filter".
Examiner respectfully disagrees. Franses does teach a calibration of wavelengths of the photosensitive elements because, from para. [0121], a purpose of the full spectral calibration is to scan through the wavelength range and determine the response of each pixel (i.e. each photosensitive element) individually for each wavelength in the range.
Regarding the remark "wherein the wavelength calibration is not performed prior to the method but is performed in method step c) itself with the detector signals generated in step b)", Examiner respectfully points out that Fransens teaches in para. [0121], [0122]; Full spectral calibration includes: scanning through the wavelength range and determining the response of each pixel individually for each wavelength in the range; and determining a shift in spectral filtering. The wavelength range is known from the same detector signals that the shift in spectral filtering is known from.
Examiner respectfully suggests further limitations of the wherein clause of method step d) "wherein the item of wavelength calibration information and the item of stray light calibration information are determined using the same plurality of detector signals" to specify the plurality of detector signals.
Examiner respectfully disagrees. Fransens para. [0107] and [0121] teach that the method includes scanning through the wavelength range and determining the response of each pixel individually for each wavelength in the range. This is interpreted as the wavelength calibration. Further, using a spectrometer implies that a wavelength calibration is performed. Examiner respectfully points out that Fransens teaches in para. [0106]; [0121], [0122]; Full spectral calibration includes: scanning through the wavelength range and determining the response of each pixel individually for each wavelength in the range; and determining a shift in spectral filtering (i.e. stray light calibration). Specifically, "because the lens introduced chromatic aberrations, or caused light to have a different angle of incidence for pixels at different locations causing a shift in spectral filtering". The same detector signals are therefore used for both calibrations: pixel information from the detected signals.
Examiner respectfully disagrees. Fransens para. [0064] states that "embodiments of the invention use monochromatic light and optical filters interposed between the light source and the sensor", which does not limit this to fig. 8. Fransens para. [0076] specifying fig. 9 states "The evaluation system also includes a monochromator configured to be under control of a processor or a computer to measure the HSI system responses at one or more filter bands", further supporting the embodiment of fig. 9 to teach "at least one narrow band pass filter". Also, it is known in the art that a monochromator can be a narrow band pass filter. In the case of Fransens, the use of "monochromatic light and optical filters " achieves this.
Examiner respectfully disagrees, and points out that the claim limitations do not limit "only one single calibration measurement". Rather, the c) limitation requires "at least one item of wavelength calibration information".
Examiner respectfully suggests further limitations of the wherein clause of method step d) "wherein the item of wavelength calibration information and the item of stray light calibration information are determined using the same plurality of detector signals" to specify the plurality of detector signals
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“optical element” and “photosensitive element” in claims 1 and 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 of this title, 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.
Claims 1-6, 8, 10 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fransens et al. (WO 2018/085841 A1), hereinafter Fransens in view of Sano et al. (US-20120229803-A1), hereinafter Sano.
As to claims 1 and 10, Fransens teaches a method and a system for calibrating a spectrometer device ([0016]; calibrating the hyperspectral imaging system, which is a spectrometer that captures spectral information across an entire image), wherein the method comprises the following steps:
a) illuminating at least one detector device (fig. 8; HSI camera) of the spectrometer device with at least one broadband light source (fig. 8; [0065]; halogen light in the enclosure) through at least one narrow band pass filter ([0068]; the filter has a narrow bandpass) having a plurality of predetermined transmission bands ([0050]; For various embodiments the hyperspectral imaging system is configured to generate one or more images or raw output data, including five or greater number of spectral bands, each having a nominal spectral bandwidth less than 100 nm, for example 8 bands of less than 50 nm, or 10 bands of less than 40 nm; or 20 bands of less than 30 nm; or 40 bands of less than 20 nm; or more than 50 bands each with less than 15 nm nominal bandwidth);
b) generating, by using the detector device, a plurality of detector signals depending on the illumination of step a) ([0076]; For various embodiments, the evaluation system is configured to use many image pairs at different base intensity levels to compute a non-linear gain correction curve over a desired response of the range, such as the entire response range of the HSI system. The evaluation system also includes a monochromator configured to be under control of a processor or a computer to measure the HSI system responses at one or more filter bands. Thus, a plurality of detector signals is generated by using the HSI camera),
wherein the detector device comprises at least one optical element configured for separating incident light into a spectrum of constituent wavelength components ([0050]; For various embodiments, a hyperspectral imaging system is configured to generate one or more images or raw output data, including five or greater spectral bands having a spectral bandwidth of up to 1000 nanometers (nm). Thus, the HSI camera separates incident light into a spectrum of constituent wavelength components) and further comprising a plurality of photosensitive elements ([0048]; A hyperspectral imaging system may include one or more active pixel sensors, otherwise referred to herein as a semiconductor pixel array. Each of the active pixel sensors includes Fabry-Perot filters mounted on a semiconductor pixel array or deposited directly onto the pixel array. Thus, the hyperspectral imaging system comprises a plurality of photosensitive elements; i.e. the active pixel sensors and the Fabry-Perot filters)
wherein each photosensitive element is configured for receiving at least a portion of one of the constituent wavelength components ([0107]; the spectral content is received by pixels) and for generating a respective detector signal depending on the illumination of the respective photosensitive element by the at least one portion of the respective constituent wavelength component [0050]; For various embodiments, a hyperspectral imaging system is configured to generate one or more images or raw output data, including five or greater spectral bands having a spectral bandwidth of up to 1000 nanometers (nm). Thus, the detector signal is described as the images or raw output data, which depend on the spectral band);
c) determining at least one item of wavelength calibration information ([0107]; [0121]; The method includes scanning through the wavelength range and determining the response of each pixel individually for each wavelength in the range. Further, using a spectrometer implies that a wavelength calibration is performed before measuring a sample),
wherein the item of wavelength calibration information comprises at least one assignment assigning wavelengths of incident light to corresponding photosensitive elements being responsive to these wavelengths ([0121]; A purpose of the full spectral calibration is to scan through the wavelength range and determine the response of each pixel individually for each wavelength in the range. [0125]; The response composition matrix (or F-matrix) describes the response of each of the hyperspectral camera's bands to monochromatic light at the full range of wavelengths to which the sensor is sensitive. It is a N X Q matrix, in which each of the N rows corresponds with a specific band of the sensor, and each column corresponds with a certain wavelength. Thus, there is at least one assignment assigning the full range of wavelengths to the corresponding sensor, of which is sensitive to the wavelengths);
and d) determining at least one item of stray light calibration information based on the plurality of detector signals ([0107]; The stray light is described as the shift in spectral filtering, or causing multiple reflections between sensor and lens which are location dependent. The shift in spectral filtering is based on the plurality of spectral content),
wherein the item of wavelength calibration information and the item of stray light calibration information are determined using the same plurality of detector signals ([0107], [0121], [0122]; Full spectral calibration includes: scanning through the wavelength range and determining the response of each pixel individually for each wavelength in the range; and determining a shift in spectral filtering. Thus, both elements are determined using the same plurality of detector signals of the HSI camera).
However, Fransens does not explicitly disclose (d) wherein the item of stray light calibration information comprises at least one signal distribution function, the signal distribution function describing a distribution of responses of the photosensitive elements to incident light having a specific wavelength.
Sano, in the same field of endeavor as the claimed invention, teaches (d) wherein the item of stray light calibration information comprises at least one signal distribution function (Sano fig. 3A-3B; [0068]; the signal distribution functions in regards to a partial wavelength range f_min to f_max include stray light pattern 40), the signal distribution function describing a distribution of responses of the photosensitive elements to incident light having a specific wavelength (Sano [0061]; fig. 3A-3B; The signal distribution function describes a distribution of responses: an original spectrum 30 of incident light, a stray light spectrum 40, and a dark current spectrum 50). [0053]; The photosensitive elements include the elements of the measurement instrument main body 2: the housing 26, spectrometer 24 and photodetector 25. [0071]; The specific wavelength is the wavelength range f_min to f_max, at which the measurement instrument main body 2 has detection sensitivity. Thus, the signal distribution function describes a distribution of responses (30, 40, 50) of the photosensitive elements (2: 26, 24, 25) to incident light having a specific wavelength (f_min to f_max)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Fransens to incorporate the teachings of Sano to include (d) wherein the item of stray light calibration information comprises at least one signal distribution function, the signal distribution function describing a distribution of responses of the photosensitive elements to incident light having a specific wavelength; for the advantage of measurements with shorter time ([0083]) and higher accuracy (Sano [0057]).
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As to claim 2, Fransens teaches wherein the broadband light source comprises at least one of: an incandescent lamp (fig. 8; [0065]; halogen light source); a blackbody radiator ([0096]; the light source can also be a perfect black body radiator); an electric filament; a LED; a SLD; or a MEMS blackbody radiator.
As to claim 3, Fransens teaches wherein step c) comprises at least one of:
c1) determining at least one of a pixel position and an identification number of the plurality of photosensitive elements generating intensity peaks in the plurality of detector signals ([0124]; The change in light directions can bring a change in spectral response and therefore causes a different change in the spectral response curves for different pixel locations and requires full spectral calibration. Thus, the pixel location is determined. [0082]; A fixed integer number of pixels is predetermined, and thus the pixels implicitly have a number which identifies them);
c2) assigning at least one of the predetermined transmission bands of the narrow band pass filter to the plurality of intensity peaks (fig. 8; [0125]; The response composition matrix (or F-matrix) describes the response of each of the hyperspectral camera's bands to monochromatic light at the full range of wavelengths to which the sensor is sensitive. Thus, the wavelengths which pass through the narrow bandpass filter (as represented in fig. 8) are the predetermined transmission bands at which the intensity peaks are assigned to);
or c3) determining a wavelength calibration function, wherein the wavelength calibration function assigns at least one of the pixel position and the identification number of the photosensitive elements to a wavelength position.
As to claim 4, Fransens teaches wherein step d) comprises at least one of:
d1) processing the plurality of detector signals by applying at least one of an offset correction and a digital filter to the plurality of detector signals ([0078]; The semiconductor pixel array with Fabry-Perot filters exhibit a very significant response modulation between sensor pixel columns. [0081]; For greater precision and noise tolerance, the measure is repeated for different physical points, and the computation of the modulation map is performed by estimating the optimal correction factor per pixel for mapping its response onto the corresponding average of the N central columns using linear least squares. The offset is described by Fransens as the optimal correction factor per pixel for mapping. The digital filter is described by Fransens as the semiconductor pixel array with Fabry-Perot filters, which is applied to the sensor pixel columns. Thus, an offset correction and a digital filter is applied to the pixels);
d2) interpolating the plurality of processed detector signals to obtain an illumination intensity at each photosensitive element comprised by the detector device for a plurality of the constituent wavelength components;
or d3) generating, by using the interpolated detector signal, a plurality of signal distribution functions.
As to claim 5, Fransens teaches wherein the method further comprises applying at least one of the item of wavelength calibration information and the item of stray light calibration information to a measurement spectrum determined by using the spectrometer device ([0107], [0121], [0122]; Full spectral calibration includes: scanning through the wavelength range and determining the response of each pixel individually for each wavelength in the range; and determining a shift in spectral filtering (i.e. stray light). [0125]; The response composition matrix (or F-matrix) describes the response of each of the hyperspectral camera's bands to monochromatic light at the full range of wavelengths to which the sensor is sensitive. [0130]; fig. 19; Figure 19 illustrates a composition matrix after application of calibration information such as a spatial modulation compensation parameter, etc. (i.e. wavelength calibration information and stray light calibration information). Thus, an item of the wavelength calibration information and an item of the stray light calibration information are applied to a measurement spectrum (fig. 19) determined by the spectrometer.
As to claim 6, Fransens teaches wherein the method further comprises determining the transmission bands of the narrow band pass filter by using a calibrated spectrometer device ([0016]; The spectrometer being calibrated is described by Fransens as the HSI system. Fig. 9; [0076]; [0121]; The calibrated spectrometer device is described by Fransens as the “spectrometer” in fig. 9. The “spectrometer” in fig. 9 performs full spectral calibration of the HSI system, and thus the “spectrometer” in fig. 9 must be implicitly pre-calibrated. [0125]; fig. 8-9; The response composition matrix (or F-matrix) describes the response of each of the hyperspectral camera's bands to monochromatic light at the full range of wavelengths to which the sensor is sensitive. Thus, the spectrometer in fig. 9 determines the transmission bands of the narrow bandpass filter in fig. 8).
As to claim 8, Fransens teaches wherein the method comprises determining at least one temperature of the detector device, wherein the method comprises determining at least one of the item of wavelength calibration information and the item of stray light calibration information for a plurality of different temperatures ([0074]; For various embodiments, the evaluation system is configured to repeat the measurements at a plurality of pre-defined sensor temperatures to generate one or more non-linear compensation parameters, and use interpolation techniques to correct images, the raw data, taken at different temperatures).
As to claim 12, Fransens teaches wherein the system comprises at least one evaluation unit, wherein the evaluation unit comprises one or more processors ([0078]; the evaluation system includes a processor or computer).
As to claim 13, Fransens teaches wherein the system comprises at least one spectrometer device comprising the at least one detector device ([0016]; fig. 8; the HSI system comprises the HSI camera).
As to claim 14, Fransens teaches a non-transitory computer-readable storage medium comprising instructions which, when executed by an evaluation unit of a system, causes the system to perform the method for calibrating the spectrometer device according to claim 1 ([0075]-[0076]; The computer controls the functions of the HSI system. The computer automatically samples the raw data, automatically cycles through all relevant settings, and at each setting records all raw data used to compute the non-linear gain correction function over a desired response range of the HSI system. Thus, the computer comprises instructions to perform these functions. The computer implicitly comprises computer-readable storage medium where the instructions are stored).
As to claim 15, Fransens teaches wherein step d3) comprises generating, by using the interpolated detector signal, a plurality of signal distribution functions recorded in a signal distribution matrix (fig. 17-19; [0037]-[0039]; The plurality of distribution functions are recorded in signal distribution matrices, i.e. the composition matrices in fig. 17-19).
As to claim 16, Fransens teaches wherein the at least one narrow band pass filter comprises a plurality of narrow band pass filters ([0049]; [0065]; fig. 8; The HSI system may include more than one filter for capturing images, i.e. at the location of the HSI camera. The calibration system, the HSI system, can be configured to use a plurality of narrowband filters. Thus, the more than one filter can be a plurality of narrowband filters).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fransens in view of Sano, further in view of Schulz-Henning (US 5165079 A).
As to claim 7, Fransens teaches wherein the method further comprises determining a shift correction, wherein, for the shift correction, a plurality of additional detector signals is generated having the detector device assembled in the spectrometer device ([0107]; The full spectral calibration is required because e.g. any phenomenon responsible for when there is a difference is spectral content received by pixels normally designed to receive the same spectral content. For example, because the lens caused light to have a different angle of incidence for pixels at different locations caused a shift in spectral filtering),
wherein the shift correction comprises at least one further item of wavelength calibration information determined by repeating step c) using the plurality of additional detector signals ([0107]; The stray light is described as the shift in spectral filtering, or causing multiple reflections between sensor and lens which are location dependent. The shift is spectral filtering is based on the plurality of spectral content. Thus, the additional wavelength calibration for wavelength shifts is performed).
However, although Fransens teaches the capability, Fransens in view of Sano does not explicitly disclose wherein the shift correction is a blue shift correction.
Schulz-Henning, in the same field of endeavor as the claimed invention, teaches wherein the shift correction is a blue shift correction (Schulz-Henning col. 5 ln. 6-11; the blue spectral range can be corrected by shifting the edges).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Fransens in view of Sano to incorporate the teachings of Schulz-Henning to include wherein the shift correction is a blue shift correction, for the advantage of enhancing the “blue” color channel for an increased precise image definition (Schulz-Henning col. 5 ln. 6-11).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fransens in view of Sano, further in view of O’Rourke et al. (US2018224334), hereinafter O’Rourke.
As to claim 9, Fransens in view of Sano does not explicitly disclose wherein the method further comprises determining at least one correction factor by determining a plurality of detector signals of a reference sample with the at least one detector device assembled in the spectrometer device.
O’Rourke, in the same field of endeavor as the claimed invention, teaches wherein the method further comprises determining at least one correction factor by determining a plurality of detector signals of a reference sample with the at least one detector device assembled in the spectrometer device (O’Rourke [0070]; An additional correction to the absorbance spectrum is required to account for the fact that the light paths from the light sources to the sample and reference spectrometers will not be identical).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Fransens in view of Sano to incorporate the teachings of O’Rourke to include wherein the method further comprises determining at least one correction factor by determining a plurality of detector signals of a reference sample with the at least one detector device assembled in the spectrometer device; for the advantage of increased efficiency by correcting any offset (O’Rourke [0070]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Fransens in view of Sano, further in view of Couch et al. (US20200018702A1), hereinafter Couch.
As to claim 11, Fransens in view of Sano does not explicitly disclose wherein the optical element comprises at least one wavelength-selective element, wherein the wavelength-selective element is selected from the group consisting of: a prism; a grating; a linear variable filter; an optical filter, specifically a narrow band pass filter; and an interferometer.
Couch, in the same field of endeavor as the claimed invention, teaches wherein the optical element comprises at least one wavelength-selective element, wherein the wavelength-selective element is selected from the group consisting of: a prism; a grating; a linear variable filter; an optical filter, specifically a narrow band pass filter; and an interferometer (Couch [0030]; fig. 5; the hyperspectral imaging camera uses an optical linear variable bandpass (LVBP) filter in conjunction with a digital camera sensor).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Fransens in view of Sano to incorporate the teachings of Couch to include wherein the optical element comprises at least one wavelength-selective element, wherein the wavelength-selective element is selected from the group consisting of: a prism; a grating; a linear variable filter; an optical filter, specifically a narrow band pass filter; and an interferometer; for the advantage of an enhanced device by enabling each wavelength to reach a more distinct stripe of pixels (Couch [0059]).
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Citation of pertinent prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Imura et al. (US20050018184A1) teaches c) determining at least one item of wavelength calibration information, wherein the item of wavelength calibration information comprises at least one assignment assigning wavelengths of incident light to corresponding photosensitive elements being responsive to these wavelengths; and d) determining at least one item of stray light calibration information based on the plurality of detector signals, wherein the item of wavelength calibration information and the item of stray light calibration information are determined using the same plurality of detector signals.
Imura para. [0073]: “The system control unit 300 is formed, for example, by a CPU and functions as a wavelength calibrator 300a, a sensitivity calibrator 300b, a stray-light level estimator 300c and a half-width estimator 300d”.
Imura para. [0074]: “The wavelength calibrator 300a corrects the wavelength by estimating the wavelength of the emission-line output based on the ratios of the outputs from the light receiving sensors S.sub.n at a plurality of measurement wavelengths”.
Imura para. [0076]: “The stray-light level estimator 300c estimates a change in the stray-light level of the spectral luminometer 200 by calculating ratios of the intensities of the emission lines obtained based on the outputs from the respective light receiving sensors S.sub.n”.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEMAYA NGUYEN whose telephone number is (571)272-9078. The examiner can normally be reached Mon - Fri 8:30 am - 5:00pm ET.
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877