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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18 May 2026 has been entered.
Response to Amendment
The Amendment filed 22 April 2026 has been entered. Claims 1-15 and 17 remain pending in the application. Claim 17 is new.
Response to Arguments
Applicant’s arguments, see Remarks, filed 22 April 2026, with respect to the U.S.C. 103 rejections of claims 1-15 and 17 have been considered but are moot because the new ground of rejection has newly cited references teaching the amended claim.
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, 8-15 and 17 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, further in view of Pan et al. (US7978324B2), hereinafter Pan.
As to claims 1 and 10, Fransens teaches a method 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 through a plurality of narrow band pass filters (fig. 8; [0065]; halogen light in the enclosure; [0049]; [0065]; fig. 8; The calibration system, the HSI system, can be configured to use a plurality of narrowband filters), wherein the detector device includes at least one optical element ([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 therefore, implicitly comprises at least one optical element) and a plurality of photosensitive elements ([0048]; A hyperspectral imaging system (i.e. the HSI camera) 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);
b) generating, by the detector device, a plurality of detector signals responsive to 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);
and d) determining, using the same plurality of detector signals, at least one item of stray light calibration information ([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, i.e. the plurality of detector signals generated by using the HSI camera).
However, Fransens does not explicitly disclose (a) illuminating the at least one detector device of the spectrometer device with the at least one broadband light source through a plurality of narrow band pass filters having a corresponding plurality of predetermined transmission bands; (b) wherein the at least one optical element is configured for spatially separating incident light into a spectrum of constituent wavelength components corresponding to a plurality of wavelength intervals, and wherein each photosensitive element of the plurality of photosensitive elements is configured for receiving at least a portion of a corresponding one of the constituent wavelength components and for generating a respective detector signal depending on the illumination of the respective photosensitive element by the at least one portion of the corresponding constituent wavelength component; (c) determining, using the plurality of detector signals, at least one item of wavelength calibration information for determining, adjusting, and/or correcting for wavelength inaccuracies at the detector device, wherein the item of wavelength calibration information comprises at least one assignment assigning a respective wavelength interval of the plurality of wavelength intervals to each photosensitive element of the plurality of photosensitive elements based on the photosensitive element being responsive to the wavelength interval incident thereon; and (d) determining, using the same plurality of detector signals, the at least one item of stray light calibration information for correcting for stray light inaccuracies at the detector device, 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]).
Still lacking the limitations such as (a) illuminating the at least one detector device of the spectrometer device with the at least one broadband light source through a plurality of narrow band pass filters having a corresponding plurality of predetermined transmission bands; (b) wherein the at least one optical element is configured for spatially separating incident light into a spectrum of constituent wavelength components corresponding to a plurality of wavelength intervals, and wherein each photosensitive element of the plurality of photosensitive elements is configured for receiving at least a portion of a corresponding one of the constituent wavelength components and for generating a respective detector signal depending on the illumination of the respective photosensitive element by the at least one portion of the corresponding constituent wavelength component; (c) determining, using the plurality of detector signals, at least one item of wavelength calibration information for determining, adjusting, and/or correcting for wavelength inaccuracies at the detector device, wherein the item of wavelength calibration information comprises at least one assignment assigning a respective wavelength interval of the plurality of wavelength intervals to each photosensitive element of the plurality of photosensitive elements based on the photosensitive element being responsive to the wavelength interval incident thereon; and (d) determining, using the same plurality of detector signals, the at least one item of stray light calibration information for correcting for stray light inaccuracies at the detector device.
Pan, in the same field of endeavor as the claimed invention, teaches (a) illuminating the at least one detector device of the spectrometer device with the at least one broadband light source through a plurality of narrow band pass filters having a corresponding plurality of predetermined transmission bands (Pan abstract; “A multi-channel array spectrometer combines a spectral measurement system and a reference detector… The multi-channel array spectrometer comprises a bandpass filter wheel holding a set of bandpass filters”; claim 1; “wherein a number of the bandpass filters held in the bandpass filter wheel is a number within a range from 2 to 20, the bandpass filters including wavelength bands overlapping those of adjacent filters, and a combined wavelength range covering an entire wavelength range of the spectrometer”);
(b) wherein the at least one optical element is configured for spatially separating incident light into a spectrum of constituent wavelength components corresponding to a plurality of wavelength intervals (Pan col. 6 ln. 28-30; fig. 2; “The flat-field concave holographic grating 9 has two main functions: light dispersion and focusing the dispersed light into an array detector 10”. Thus, the grating 9 is configured for dispersion, i.e. for spatially separating incident light into a spectrum of constituent wavelength components corresponding to a plurality of wavelength intervals), and wherein each photosensitive element of the plurality of photosensitive elements is configured for receiving at least a portion of a corresponding one of the constituent wavelength components and for generating a respective detector signal depending on the illumination of the respective photosensitive element by the at least one portion of the corresponding constituent wavelength component (Pan col. 6 ln. 31-35; “The array detector 10 is a CCD or PDA, which can be a linear or a two dimension array detector”. Thus, the plurality of photosensitive elements in the array detector 10 is configured to receive at least a portion of a corresponding constituent wavelength component dispersed by the grating 9);
(c) determining, using the plurality of detector signals, at least one item of wavelength calibration information for determining, adjusting, and/or correcting for wavelength inaccuracies at the detector device, wherein the item of wavelength calibration information comprises at least one assignment assigning a respective wavelength interval of the plurality of wavelength intervals to each photosensitive element of the plurality of photosensitive elements based on the photosensitive element being responsive to the wavelength interval incident thereon (Pan col. 7 ln. 39-53; “At first, the spectrometer needs to be calibrated. According to the measurement methods, the calibration is required in two kinds of situations. In the first kind of situations, a standard illuminant A is used to calibrate the spectrometer band by band with help of the bandpass filters. The calibration coefficient of the ith bandpass filter is Ci(λ)=P(λ)s/Mi(λ)s, wherein P(λ)s is the known spectral power distribution of the standard illuminant A, Mi(λ)s is the responsivity of the ith bandpass filter of the spectrometer as to the standard illuminant A. In the other calibration situation, the same illuminant A is used when the open hole or the density filter is switched into the optical path 19. The calibration coefficient is C0(λ)=P(λ)s/M0(λ)s, wherein M0(λ)s is the responsivity of the open hole or the density filter of the spectrometer as to the standard illuminant A” (emphasis added). Thus, at least one item of wavelength calibration information is determined for determining, adjusting, and/or correcting for wavelength inaccuracies);
and (d) determining, using the same plurality of detector signals, the at least one item of stray light calibration information for correcting for stray light inaccuracies at the detector device (Pan abstract; “The spectrometer can also quickly and accurately measure a plurality of test light sources having similar spectral characteristics by using the stray light correction factor”).
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 Pan to include (a) illuminating the at least one detector device of the spectrometer device with the at least one broadband light source through a plurality of narrow band pass filters having a corresponding plurality of predetermined transmission bands; (b) wherein the at least one optical element is configured for spatially separating incident light into a spectrum of constituent wavelength components corresponding to a plurality of wavelength intervals, and wherein each photosensitive element of the plurality of photosensitive elements is configured for receiving at least a portion of a corresponding one of the constituent wavelength components and for generating a respective detector signal depending on the illumination of the respective photosensitive element by the at least one portion of the corresponding constituent wavelength component; (c) determining, using the plurality of detector signals, at least one item of wavelength calibration information for determining, adjusting, and/or correcting for wavelength inaccuracies at the detector device, wherein the item of wavelength calibration information comprises at least one assignment assigning a respective wavelength interval of the plurality of wavelength intervals to each photosensitive element of the plurality of photosensitive elements based on the photosensitive element being responsive to the wavelength interval incident thereon; and (d) determining, using the same plurality of detector signals, the at least one item of stray light calibration information for correcting for stray light inaccuracies at the detector device; for the advantage of quicker and more accurate measurements (Pan abstract).
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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 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.
Pan, 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 (Pan abstract; “High accuracy photometric or radiometric measurement of a wide dynamic range can be achieved by correcting measurement results of the reference detector with a spectral correction factor”. Col. 8 ln. 40-50; “When the array detector is used to measure the relative spectral power distribution of a test light source, the reference detector 4 can be used to measure photometric quantity of the test light source. The test results are transferred to the onboard computer 12. The spectral correction factor can be calculated by the onboard computer 12”. Thus, at least one correction factor is calculated by determining a plurality of detector signals from the reference detector in reference to the array detector in the spectrometer with multiple detector signals).
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 Pan 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 high accuracy photometric or radiometric measurement of a wide dynamic range (Pan abstract).
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.
Pan, 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 (Pan col. 6 ln. 28-30; fig. 2; “The flat-field concave holographic grating 9).
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 Pan 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 less stray light error (Pan col. 5 ln. 10-14).
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 17, Fransens in view of Sano does not explicitly disclose wherein said illuminating of step a) comprises simultaneously illuminating all of the plurality of photosensitive elements.
Pan, in the same field of endeavor as the claimed invention, teaches wherein said illuminating of step a) comprises simultaneously illuminating all of the plurality of photosensitive elements (Pan col. 1 ln. 27-30; col. 6 ln. 31-35; “The array detector 10 is a CCD or PDA”. “Pixels of the array detector detect the entire spectrum simultaneously, and convert them to electrical signals”. Thus, pixels of the array detector 10 are simultaneously illuminated).
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 Pan to include wherein said illuminating of step a) comprises simultaneously illuminating all of the plurality of photosensitive elements; for the advantage of quicker and more accurate measurements (Pan abstract).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fransens in view of Sano and Pan, 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 and Pan 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 and Pan 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).
Citation of pertinent prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Regarding claim 1, 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 (Imura [0073]-[0074]; “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”. “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”);
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 [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”).
Regarding claim 9, O’Rourke et al. (US2018224334), hereinafter O’Rourke, 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).
Regarding claim 11, Couch et al. (US20200018702A1), hereinafter Couch, 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]; the hyperspectral imaging camera uses an optical linear variable bandpass (LVBP) filter in conjunction with a digital camera sensor).
Conclusion
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877
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