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 Arguments
Applicant’s arguments with respect to claim(s) 1-7, 13-14, 16, 19-25, 32, 34, 37 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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.
Claim(s) 1, 2, 3, 4, 6, 7, 13, 14, 19, 20, 21, 22, 24, 25, 32, 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang, L.-K. et al., CN 110987900 A (hereinafter Jiang) and in view of Harwit, M., US3720469A (hereinafter Harwit).
Regarding claim 1, Jiang teaches a spectrometer for detecting an electromagnetic (EM) wave spectrum having one or more wavelength components within a spectral band of interest, comprising: an entrance aperture (fig. 3 slit 1, p. 5 para 5); an exit aperture (fig. 3 slit 8, p. 5 para 5); a dispersion (fig. 3 first grating 3, p. 5 para 5) and imaging optics (fig. 3 concave mirror 4, p. 5 para 4 lines 1-3) “configured to create dispersed images of the entrance aperture on a plane of the exit aperture” (fig. 3 exit aperture is slit 8, p. 5 para 4 lines 7-14), “such that respective images at the different wavelength components are offset by different amounts of displacements along a direction of dispersion” (p. 5 para 4 lines 7-14; fig. 3 shows elements 5 and 6 have different displacements); “at least one single-pixel detector, each single-pixel detector sensitive to one or more of the wavelength components” (based from p. 4 para 2 of the instant application, this is the photomultiplier tube 10 in fig. 3 of Jiang; fig. 3 shows element 10 is sensitive to the wavelength components 5 and 6); an EM detector (fig. 3 detector 19, p. 5 last para lines 1-6); a first collection optics (these are elements 15-18 in fig. 3) “configured to gather a first EM wave energy incident on the entrance aperture to the EM detector” (this is shown in fig. 3, p. 6 para 1 lines 1-5); “a second collection optics configured to gather a second EM wave energy that exits the exit aperture to the at least one single-pixel detector” (fig. 3 lens 9, p. 5 para 4 lines 1-3).
Jiang does not teach a measurement unit configured to measure the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture, and further configured to measure the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture.
Harwit, from the same field of endeavor as Jiang, teaches a measurement unit configured to measure the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture (fig. 2 shows that the modulating mask 6 have opaque and translucent parts (col 3 para 2-3) and this implies the detector measures the intensity of the mask 6, col 4 lines 10-19), and “further configured to measure the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture” (col 3 last para to col 4 para 1).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Harwit to Jiang to have a measurement unit configured to measure the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture, and further configured to measure the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture in order to modulate the radiation from an extended object in order to increase both the spatial and spectral resolution of the object.
Regarding claim 2, Jiang does not teach the spectrometer of claim 1, wherein the entrance aperture comprises at least one entrance slit that is spatially encoded along a direction substantially transverse to the direction of dispersion. Regarding claim 3, Jiang does not teach the spectrometer of claim 1, wherein the entrance aperture comprises at least one entrance slit that is spatially encoded along a direction substantially transverse to the direction of dispersion. Regarding claim 4, Jiang does not teach the spectrometer of claim 1, wherein an encoding pattern of the at least one entrance slits and/or an encoding pattern of the plurality of exit slits is adjustable and configured to be changed for a number of times.
Harwit, from the same field of endeavor as Jiang, teaches the spectrometer of claim 1, wherein the entrance aperture comprises at least one entrance slit that is spatially encoded along a direction substantially transverse to the direction of dispersion (fig. 2 element 6 col 3 lines 43-53; mask 6 is spatially encoded along a direction substantially transverse to the direction of dispersion), the spectrometer of claim 1, wherein the entrance aperture comprises at least one entrance slit that is spatially encoded along a direction substantially transverse to the direction of dispersion (col 3 lines 43-53; col 4 lines 2-6; similar to mask 6, mask 14 is encoded in a vertical direction), and the spectrometer of claim 1, wherein an encoding pattern of the at least one entrance slits and/or an encoding pattern of the plurality of exit slits is adjustable and configured to be changed for a number of times (fig. 1 motors 10, 16 and 20 adjust the masks 6 and 14).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Harwit to Jiang to have the spectrometer of claim 1, wherein the entrance aperture comprises at least one entrance slit that is spatially encoded along a direction substantially transverse to the direction of dispersion, the spectrometer of claim 1, wherein the entrance aperture comprises at least one entrance slit that is spatially encoded along a direction substantially transverse to the direction of dispersion, and the spectrometer of claim 1, wherein an encoding pattern of the at least one entrance slits and/or an encoding pattern of the plurality of exit slits is adjustable and configured to be changed for a number of times in order to modulate the radiation from an extended object in order to increase both the spatial and spectral resolution of the object.
Regarding claim 6, Jiang teaches the spectrometer of claim 1, wherein the first collection optics is configured to gather the first EM wave energy from a beam splitter element disposed near the entrance aperture (fig. 3 beam splitter 14, p. 5 last para line 4).
Regarding claim 7, Jiang teaches the spectrometer of claim 1, wherein the EM detector comprises a single-pixel detector or an imaging camera (p. 6 para 1 lines 13-14), and or comprising a bandpass filter for filtering the spectral band of interest from the incident EM wave, and/or comprising a first field lens configured for pupil matching with a fore optics, for disposal near the entrance aperture, and/or comprising a second field lens configured for pupil matching with the second collection optics, for disposal near the exit aperture and/or wherein the second collection optics comprises a dispersion element to remove the dispersion effects from the dispersion and imaging optics, and/or wherein adjustable encoding patterns of at least one of the entrance slit and/or the exit slit, respectively, are implemented using microelectromechanical systems (MEMS) technology or using MEMS micromirror arrays.
Regarding claim 13, Jiang does not teach the spectrometer of claim 1, wherein adjustable encoding patterns of at least one of the entrance slit and/or the exit slit, respectively, are implemented using a movable mask placed in the vicinity of a fixed aperture opening.
Harwit, from the same field of endeavor as Jiang, teaches the spectrometer of claim 1, wherein adjustable encoding patterns of at least one of the entrance slit (fig. 1 mask 6 is adjusted by motor 10) and/or the exit slit, respectively, are implemented using a movable mask placed in the vicinity of a fixed aperture opening (fig. 1, the movable mask is element 17 and the fixed aperture opening is element 16).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Harwit to Jiang to have the spectrometer of claim 1, wherein adjustable encoding patterns of at least one of the entrance slit and/or the exit slit, respectively, are implemented using a movable mask placed in the vicinity of a fixed aperture opening in order to obtain both the spatial and spectral resolution of the light coming from the object (Abstract lines 1-6).
Regarding claim 14, Jiang teaches the spectrometer of claim 1, configured as a Raman spectroscopy system (Abstract lines 1-2), and optionally configured for time-gate and/or time-resolved Raman spectroscopy.
Regarding claim 19, Jiang teaches a method of detecting an electromagnetic (EM) wave spectrum having one or more wavelength components within a spectral band of interest, the method comprising the steps of: creating dispersed images (fig. 3 exit aperture is slit 8, p. 5 para 4 lines 7-14) of an entrance aperture (fig. 3 slit 1, p. 5 para 5) on a plane of an exit aperture (fig. 3 slit 8, p. 5 para 5), “such that respective images at the different wavelength components are offset by different amounts of displacements along a direction of dispersion” (p. 5 para 4 lines 7-14; fig. 3 shows elements 5 and 6 have different displacements); gathering a first EM wave energy incident on the entrance aperture to an EM detector (fig. 3 detector 19, p. 5 last para lines 1-6); gathering a second EM wave energy that exits the exit aperture to the at least one single-pixel detector (based from p. 4 para 2 of the instant application, this is the photomultiplier tube 10 in fig. 3 of Jiang; fig. 3 shows element 10 is sensitive to the wavelength components 5 and 6).
Jiang does not teach measuring the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture; and measuring the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture.
Harwit, from the same field of endeavor as Jiang, teaches measuring the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture (fig. 2 shows that the modulating mask 6 have opaque and translucent parts (col 3 para 2-3) and this implies the detector measures the intensity of the mask 6, col 4 lines 10-19); and “measuring the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture” (col 3 last para to col 4 para 1).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Harwit to Jiang to have measuring the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture; and measuring the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture in order to modulate the radiation from an extended object in order to increase both the spatial and spectral resolution of the object.
Regarding claim 20, Jiang does not teach the method of claim 19, comprising spatially encoding at least one entrance slit of the entrance aperture along a direction substantially transverse to the direction of dispersion. Regarding claim 21, Jiang does not teach the method of claim 19, comprising spatially encoding a plurality of exit slits of the exit aperture along a direction substantially transverse to the direction of dispersion. Regarding claim 22, Jiang does not teach the method of claim 19, comprising changing an encoding pattern of the at least one entrance slits and/or an encoding pattern of the plurality of exit slits for a number of times.
Harwit, from the same field of endeavor as Jiang, teaches the method of claim 19, comprising spatially encoding at least one entrance slit of the entrance aperture along a direction substantially transverse to the direction of dispersion (fig. 2 element 6 col 3 lines 43-53; mask 6 is spatially encoded along a direction substantially transverse to the direction of dispersion), the method of claim 19, comprising spatially encoding a plurality of exit slits of the exit aperture along a direction substantially transverse to the direction of dispersion (col 3 lines 43-53; col 4 lines 2-6; similar to mask 6, mask 14 is encoded in a vertical direction), and the method of claim 19, comprising changing an encoding pattern of the at least one entrance slits and/or an encoding pattern of the plurality of exit slits for a number of times (fig. 1 motors 10, 16 and 20 adjust the masks 6 and 14).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Harwit to Jiang to have the method of claim 19, comprising spatially encoding at least one entrance slit of the entrance aperture along a direction substantially transverse to the direction of dispersion, the method of claim 19, comprising spatially encoding a plurality of exit slits of the exit aperture along a direction substantially transverse to the direction of dispersion, and the method of claim 19, comprising changing an encoding pattern of the at least one entrance slits and/or an encoding pattern of the plurality of exit slits for a number of times in order to modulate the radiation from an extended object in order to increase both the spatial and spectral resolution of the object.
Regarding claim 24, Jiang teaches the method of claim 19, wherein the first EM wave energy is gathered from a beam splitter element disposed near the entrance aperture (fig. 3 beam splitter 14, p. 5 last para line 4).
Regarding claim 25, Jiang teaches the method of claim 19 wherein the EM detector comprises a single-pixel detector or an imaging camera (p. 6 para 1 lines 13-14), and/or comprising filtering the spectral band of interest from the incident EM wave, and/or comprising pupil matching with a fore optics, and/or comprising pupil matching during gathering of the second EM wave energy to the at least one single-pixel detector, and/or comprising removing dispersion effects from the creating of the dispersed images of the entrance aperture on the plane of an exit aperture, and/or comprising removing dispersion effects from the creating of the dispersed images of the entrance aperture on the plane of an exit aperture, and/or wherein adjustable encoding patterns of at least one of the entrance slit and/or the exit slit, respectively, are implemented using microelectromechanical systems (MEMS) technology or using MEMS micromirror arrays, and/or the method of any one of claims 19 to 30, wherein adjustable encoding patterns of at least one of the entrance slit and/or the exit slit, respectively, are implemented using a movable mask placed in the vicinity of a fixed aperture opening.
Regarding claim 32, Jiang teaches the method of claim 19, for performing Raman spectroscopy (Abstract lines 1-2), and optionally for performing time-gate and/or time- resolved Raman spectroscopy.
Regarding claim 37, Jiang teaches a method of constructing the spectrometer of claim 1,comprising the steps of: providing an entrance aperture (fig. 3 slit 1, p. 5 para 5); providing an exit aperture (fig. 3 slit 8, p. 5 para 5); providing and configuring a dispersion (fig. 3 first grating 3, p. 5 para 5) and imaging optics (fig. 3 concave mirror 4, p. 5 para 4 lines 1-3) to create dispersed images of the entrance aperture on a plane of the exit aperture (fig. 3 exit aperture is slit 8, p. 5 para 4 lines 7-14), such that respective images at different wavelength components are offset by different amounts of displacements along a direction of dispersion (p. 5 para 4 lines 7-14; fig. 3 shows elements 5 and 6 have different displacements); “providing at least one single-pixel detector, each single-pixel detector sensitive to one or more of the wavelength components” (based from p. 4 para 2 of the instant application, this is the photomultiplier tube 10 in fig. 3 of Jiang; fig. 3 shows element 10 is sensitive to the wavelength components 5 and 6); providing an EM detector (fig. 3 detector 19, p. 5 last para lines 1-6); providing and configuring a first collection optics (these are elements 15-18 in fig. 3) to gather a first EM wave energy incident on the entrance aperture to the EM detector (this is shown in fig. 3, p. 6 para 1 lines 1-5); “providing and configuring a second collection optics to gather a second EM wave energy that exits the exit aperture to the at least one single-pixel detector” (fig. 3 lens 9, p. 5 para 4 lines 1-3).
Jiang does not teach providing and configuring a measurement unit to measure the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture, and further configuring the measurement unit to measure the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture.
Harwit, from the same field of endeavor as Jiang, teaches providing and configuring a measurement unit to measure the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture (fig. 2 shows that the modulating mask 6 have opaque and translucent parts (col 3 para 2-3) and this implies the detector measures the intensity of the mask 6, col 4 lines 10-19), and further configuring the measurement unit to measure the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture (col 3 last para to col 4 para 1).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Harwit to Jiang to have providing and configuring a measurement unit to measure the output of the EM detector to determine an intensity distribution of an incident EM wave on the entrance aperture, and further configuring the measurement unit to measure the output of the at least one single pixel detector for reconstructing the EM wave spectrum, wherein reconstructing comprises scaling the EM wave spectrum based on the determined intensity distribution of the incident EM wave on the entrance aperture in order to increase both the spatial and spectral resolution of the object.
Claim(s) 5, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang and Harwit as applied to claim(s) 1, 19 above, and further in view of McMackin, L., US 9880054 B2 (hereinafter McMackin).
Regarding claim 5, Jiang does not teach the spectrometer of claim 1, wherein the first collection optics is configured to gather the first EM wave energy from the zeroth order diffraction from a dispersion element of the dispersion and imaging optics.
McMackin, from the same field of endeavor as Jiang, teaches the spectrometer of claim 1, wherein the first collection optics (fig. 6 lens 660) is configured to gather the first EM wave energy from the zeroth order diffraction (fig. 6 element 650) from a dispersion element of the dispersion (fig. 6 element 625) and imaging optics (fig. 6 element 630).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of McMackin to Jiang to have the spectrometer of claim 1, wherein the first collection optics is configured to gather the first EM wave energy from the zeroth order diffraction from a dispersion element of the dispersion and imaging optics in order to have a simplified comprehensive sensing spectral imaging system that is simple, low cost, and without loss of efficiency during operation (col 4 last para to col 5 para 1).
Regarding claim 23, Jiang does not teach the method of claim 19, wherein the first EM wave energy is gathered from the zeroth order diffraction from a dispersion element.
McMackin, from the same field of endeavor as Jiang, teaches the method of claim 19, wherein the first EM wave energy is gathered from the zeroth order diffraction (fig. 6 element 650) from a dispersion element (fig. 6 element 625).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of McMackin to Jiang to have the method of claim 19, wherein the first EM wave energy is gathered from the zeroth order diffraction from a dispersion element in order to have a simplified comprehensive sensing spectral imaging system that is simple, low cost, and without loss of efficiency during operation (col 4 last para to col 5 para 1).
Claim(s) 16, 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang and Harwit as applied to claim(s) 14, 32 above, and further in view of McCarthy, Aongus, et al. "Long-range time-of-flight scanning sensor based on high-speed time-correlated single-photon counting." Applied optics 48.32 (2009): 6241-6251 (hereinafter McCarthy).
Regarding claim 16, Jiang fails to teach the spectrometer of claim 14, wherein the measurement unit is configured for using time correlated single photon counting (TCSPC), wherein 3D histogram data cubes are constructed with the EM detector and the at least the single-pixel detector, and optionally wherein the measurement unit is configured to slice the 3D histogram data cubes at various time delays, each time delay slice representing a complete set of encoded intensity measurements for reconstructing the Raman spectrum at that corresponding time delay, wherein the measurement unit may be configured such that time-resolved Raman shift spectra are reconstructed at various time delay.
McCarthy, from the same field of endeavor as Jiang, teaches the spectrometer of claim 14, wherein the measurement unit is configured for using time correlated single photon counting (TCSPC) (Abstract lines 1-3), wherein 3D histogram data cubes (this is fig. 5(b)) are constructed with the EM detector (fig. 2 CCD Camera) and the at least the single-pixel detector (fig. 2 Detector (Si-SPAD)), and optionally wherein the measurement unit is configured to slice the 3D histogram data cubes at various time delays, each time delay slice representing a complete set of encoded intensity measurements for reconstructing the Raman spectrum at that corresponding time delay, wherein the measurement unit may be configured such that time-resolved Raman shift spectra are reconstructed at various time delay.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of McCarthy to Jiang to have the spectrometer of claim 14, wherein the measurement unit is configured for using time correlated single photon counting (TCSPC), wherein 3D histogram data cubes are constructed with the EM detector and the at least the single-pixel detector, and optionally wherein the measurement unit is configured to slice the 3D histogram data cubes at various time delays, each time delay slice representing a complete set of encoded intensity measurements for reconstructing the Raman spectrum at that corresponding time delay, wherein the measurement unit may be configured such that time-resolved Raman shift spectra are reconstructed at various time delay in order to acquire with centimeter xyz resolution, in daylight conditions, for low-signature targets in field trials at distances of up to 325 m using an output illumination with an average optical power of less than 50 μW from the depth images (Abstract last sentence).
Regarding claim 34, Jiang does not teach the method of claim 32, comprising using time correlated single photon counting (TCSPC), wherein 3D histogram data cubes are constructed with the EM detector and the at least the single-pixel detector, and optionally comprising slicing the 3D histogram data cubes at various time delays, each time delay slice representing a complete set of encoded intensity measurements for reconstructing the Raman spectrum at that corresponding time delay and further optionally comprising reconstructing time-resolved Raman shift spectra at various time delays.
McCarthy, from the same field of endeavor as Jiang, teaches the method of claim 32, comprising using time correlated single photon counting (TCSPC) (Abstract lines 1-3), wherein 3D histogram data cubes (this is fig. 5(b)) are constructed with the EM detector (fig. 2 CCD Camera) and the at least the single-pixel detector (fig. 2 Detector (Si-SPAD)), and optionally comprising slicing the 3D histogram data cubes at various time delays, each time delay slice representing a complete set of encoded intensity measurements for reconstructing the Raman spectrum at that corresponding time delay and further optionally comprising reconstructing time-resolved Raman shift spectra at various time delays.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of McCarthy to Jiang to have the method of claim 32, comprising using time correlated single photon counting (TCSPC), wherein 3D histogram data cubes are constructed with the EM detector and the at least the single-pixel detector, and optionally comprising slicing the 3D histogram data cubes at various time delays, each time delay slice representing a complete set of encoded intensity measurements for reconstructing the Raman spectrum at that corresponding time delay and further optionally comprising reconstructing time-resolved Raman shift spectra at various time delays in order to acquire with centimeter xyz resolution, in daylight conditions, for low-signature targets in field trials at distances of up to 325 m using an output illumination with an average optical power of less than 50 μW from the depth images (Abstract last sentence).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ROBERTO FABIAN JR/ Examiner, Art Unit 2877
/Kara E. Geisel/ Supervisory Patent Examiner, Art Unit 2877