DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
CLAIM INTERPRETATION
2. 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.
3. Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
4. 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.
5. 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 limitations use 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:
“a concentration calculation unit configured to” and “an electronic control module (ECM)” in claims 1-4.
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.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
6. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
7. Claims 1-3 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2021124937A1 by Yamamoto et al. (hereinafter Yamamoto).
Regarding Claim 1, Yamamoto teaches an analysis device (Fig. 1 @ 100, Abstract) configured to measure a concentration of a measurement target component that is at least one of nitric oxide, nitrogen dioxide, nitrous oxide, ammonia, ethane, formaldehyde, acetaldehyde, sulfur dioxide, methane, methanol, or ethanol contained in a combustion gas (Par. [0006]), the analysis device comprising:
a laser light source (Fig. 1 @ L, 5, Abstract) configured to irradiate the combustion gas (Fig. 1 @ SG, SS, Par. [0005]) with reference light (Fig. 1 @ L, 5, Abstract, i.e. the reference light);
a light detector (Fig. 1 @ 75, Par. [0029]) configured to detect intensity of sample light obtained when the reference light is transmitted through the combustion gas (Fig. 1 @ L, SG, SS, 3, 75); and
a concentration calculation unit (Fig. 2 @ 201, Par. [0044-0045]) configured to calculate the concentration of the measurement target component (Par. [0044-0045]) based on an output signal from the light detector (Fig. 1 @ 75, Par. [0029]),
wherein the concentration calculation unit (Fig. 2 @ 201, Par. [0044-0045]) is configured to:
when a concentration of the nitric oxide is measured, calculate the concentration of the nitric oxide (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption between 5.24 and 5.26 pm by the nitric oxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 5.24 and 5.26 pm falls within mid-infrared band);
when a concentration of the nitrogen dioxide is measured, calculate the concentration of the nitrogen dioxide (Par. [0006]) based on absorption between 6.14 and 6.26 pm by the nitrogen dioxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 6.14 and 6.26 pm falls within mid-infrared band);
when a concentration of the nitrous oxide is measured, calculate the concentration of the nitrous oxide (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption between 7.84 and 7.91 pm by the nitrous oxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 7.84 and 7.91 pm falls within mid-infrared band);
when a concentration of the ammonia is measured, calculate the concentration of the ammonia (Par. [0006]) based on absorption between 9.38 and 9.56 pm by the ammonia (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 9.38 and 9.56 pm falls within mid-infrared band);
when a concentration of the ethane is measured, calculate the concentration of the ethane (Par. [0006]) based on absorption between 3.33 and 3.36 pm by the ethane (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 3.33 and 3.36 pm falls within mid-infrared band);
when a concentration of the formaldehyde or the acetaldehyde is measured, calculate the concentration of the formaldehyde or the acetaldehyde (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption between 5.65 and 5.67 pm by the formaldehyde or the acetaldehyde (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 5.65 and 5.67 pm falls within mid-infrared band);
when a concentration of the sulfur dioxide is measured, calculate the concentration of the sulfur dioxide (Par. [0006]) based on absorption between 7.38 and 7.42 pm by the sulfur dioxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 7.38 and 7.42 pm falls within mid-infrared band);
when a concentration of the methane is measured, calculate the concentration of the methane (Par. [0006]) based on absorption between 7.50 and 7.54 pm by the methane (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 7.50 and 7.54 pm falls within mid-infrared band); and
when a concentration of the methanol or the ethanol is measured, calculate the concentration of the methanol or the ethanol (Par. [0006]) based on absorption between 9.45 and 9.47 pm by the methanol or the ethanol (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 9.45 and 9.47 pm falls within mid-infrared band).
Regarding Claim 2, Yamamoto teaches the concentration calculation unit (Fig. 2 @ 201, Par. [0044-0045]) is configured to:
when the concentration of the nitric oxide is measured, calculate the concentration of the nitric oxide (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption between 5.245 and 5.247 pm by the nitric oxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 5.245 and 5.247 pm falls within mid-infrared band);
when the concentration of the nitrogen dioxide is measured, calculate the concentration of the nitrogen dioxide (Par. [0006]) based on absorption between 6.145 and 6.254 pm by the nitrogen dioxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 6.145 and 6.254 pm falls within mid-infrared band);
when the concentration of the nitrous oxide is measured, calculate the concentration of the nitrous oxide (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption between 7.845 and 7.907 pm by the nitrous oxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 7.845 and 7.907 pm falls within mid-infrared band);
when the concentration of the ammonia is measured, calculate the concentration of the ammonia (Par. [0006]) based on absorption between 9.384 and 9.557 pm by the ammonia (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 9.384 and 9.557 pm falls within mid-infrared band);
when the concentration of the ethane is measured, calculate the concentration of the ethane (Par. [0006]) based on absorption between 3.336 and 3.352 pm by the ethane (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 3.336 and 3.352 pm falls within mid-infrared band);
when the concentration of the formaldehyde or the acetaldehyde is measured, calculate the concentration of the formaldehyde or the acetaldehyde (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption between 5.651 and 5.652 pm or between 5.665 and 5.667 pm by the formaldehyde or the acetaldehyde (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 5.651 and 5.652 pm falls within mid-infrared band);
when the concentration of the sulfur dioxide is measured, calculate the concentration of the sulfur dioxide (Par. [0006]) based on absorption between 7.385 and 7.417 pm by the sulfur dioxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 7.385 and 7.417 pm falls within mid-infrared band);
when the concentration of the methane is measured, calculate the concentration of the methane (Par. [0006]) based on absorption between 7.503 and 7.504 pm or between 7.535 and 7.536 pm by the methane (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 7.535 and 7.536 pm falls within mid-infrared band); and
when a concentration of the methanol or the ethanol is measured, calculate the concentration of the methanol or the ethanol (Par. [0006]) based on absorption between 9.467 and 9.468 pm or between 9.445 and 9.456 pm by the methanol or the ethanol (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 9.467 and 9.468 pm falls within mid-infrared band).
Regarding Claim 3, Yamamoto teaches the concentration calculation unit (Fig. 2 @ 201, Par. [0044-0045]) is configured to:
when the concentration of the nitric oxide is measured, calculate the concentration of the nitric oxide (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption at 5.2462 pm by the nitric oxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 5.2462 pm falls within mid-infrared band);
when the concentration of the nitrogen dioxide is measured, calculate the concentration of the nitrogen dioxide (Par. [0006]) based on absorption at 6.2322 pm or 6.2538 pm by the nitrogen dioxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption between 6.2322 pm falls within mid-infrared band);
when the concentration of the nitrous oxide is measured, calculate the concentration of the nitrous oxide (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption at 7.8455 pm, 7.8509 pm, 7.8784 pm, or 7.9067 pm by the nitrous oxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption at 7.8455 pm, 7.8509 pm, 7.8784 pm, or 7.9067 pm falls within mid-infrared band);
when the concentration of the ammonia is measured, calculate the concentration of the ammonia (Par. [0006]) based on absorption at 9.3847 pm or 9.5566 pm by the ammonia (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption at 9.3847 pm or 9.5566 pm falls within mid-infrared band);
when the concentration of the ethane is measured, calculate the concentration of the ethane (Par. [0006]) based on absorption at 3.3368 pm, 3.3482 pm, or 3.3519 pm by the ethane (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption at 3.3368 pm, 3.3482 pm, or 3.3519 pm falls within mid-infrared band);
when the concentration of the formaldehyde or the acetaldehyde is measured, calculate the concentration of the formaldehyde or the acetaldehyde (Par. [0006]: The gas to be measured is not limited to one type, and may be a mixed gas containing a plurality of the above gases thus limitation is anticipated) based on absorption at 5.6514 pm or 5.6660 pm by the formaldehyde or the acetaldehyde (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption at 5.6514 pm or 5.6660 pm falls within mid-infrared band);
when the concentration of the sulfur dioxide is measured, calculate the concentration of the sulfur dioxide (Par. [0006]) based on absorption at 7.3856 pm or 7.4163 pm by the sulfur dioxide (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption at 7.3856 pm or 7.4163 pm falls within mid-infrared band);
when the concentration of the methane is measured, calculate the concentration of the methane (Par. [0006]) based on absorption at 7.5035 pm or 7.5354 pm by the methane (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption at 7.5035 pm or 7.5354 pm falls within mid-infrared band); and
when a concentration of the methanol or the ethanol is measured, calculate the concentration of the methanol or the ethanol (Par. [0006]) based on absorption at 9.4671 pm or 9.4557 pm by the methanol or the ethanol (Par. [0018-0019]: the measurement light L is composed of a plurality of element lights L1 to L4 having different wavelength regions. Since the measurement light L is composed of a plurality of element lights L1 to L4, for example, a plurality of types of measurement target gases having absorption peaks in the wavelength regions of the element lights L1 to L4 can be measured thus limitation is anticipated. Also see Par. [0109]: a laser that generates measurement light L having a wavelength (for example, infrared light) that can be absorbed by the measurement target gas. Claimed limitation absorption at 9.4671 pm or 9.4557 pm falls within mid-infrared band).
Regarding Claim 7, Yamamoto teaches a cell (Fig. 1 @ SS, Par. [0005]) into which the combustion gas (Fig. 1 @ SG, Par. [0005]) is introduced,
wherein the cell is a multireflection cell or a resonance cell (Fig. 1 @ SS, Par. [0015]).
Regarding Claim 8, Yamamoto teaches an analysis method of measuring a concentration of a measurement target component that is at least one of nitric oxide, nitrogen dioxide, nitrous oxide, ammonia, ethane, formaldehyde, acetaldehyde, sulfur dioxide, methane, methanol, or ethanol contained in a combustion gas (See Claim 1 rejection. Note: an apparatus claim can be used to implement a method claim), the analysis method comprising:
when a concentration of the nitric oxide is measured, calculating the concentration of the nitric oxide based on absorption between 5.24 and 5.26 pm by the nitric oxide (See Claim 1 rejection);
when a concentration of the nitrogen dioxide is measured, calculating the concentration of the nitrogen dioxide based on absorption between 6.14 and 6.26 pm by the nitrogen dioxide (See Claim 1 rejection);
when a concentration of the nitrous oxide is measured, calculating the concentration of the nitrous oxide based on absorption between 7.84 and 7.91 pm by the nitrous oxide (See Claim 1 rejection);
when a concentration of the ammonia is measured, calculating the concentration of the ammonia based on absorption between 9.38 and 9.56 pm by the ammonia (See Claim 1 rejection);
when a concentration of the ethane is measured, calculating the concentration of the ethane based on absorption between 3.33 and 3.36 pm by the ethane (See Claim 1 rejection);
when a concentration of the formaldehyde or the acetaldehyde is measured, calculating the concentration of the formaldehyde or the acetaldehyde based on absorption between 5.65 and 5.67 pm by the formaldehyde or the acetaldehyde (See Claim 1 rejection);
when a concentration of the sulfur dioxide is measured, calculating the concentration of the sulfur dioxide based on absorption between 7.38 and 7.42 pm by the sulfur dioxide (See Claim 1 rejection);
when a concentration of the methane is measured, calculating the concentration of the methane based on absorption between 7.50 and 7.54 pm by the methane (See Claim 1 rejection); and
when a concentration of the methanol or the ethanol is measured, calculating the concentration of the methanol or the ethanol based on absorption between 9.45 and 9.47 pm by the methanol or the ethanol (See Claim 1 rejection).
Claim Rejections - 35 USC § 103
8. 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.
9. Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto in view of JP2011191246A by Takashi et al. (hereinafter Takashi).
Regarding Claims 4-6, Yamamoto teaches the concentration calculation unit (Fig. 2 @ 201, Par. [0044-0045]) but does not explicitly each is configured to calculate the concentration of the measurement target component by correcting interference influence of an interference component that is a component other than the measurement target component contained in the combustion gas (Claim 4);
wherein the interference component is water, carbon dioxide, and/or a hydrocarbon (Claim 5);
wherein the laser light source is a quantum cascade laser (Claim 6).
However, Takashi teaches calculate the concentration of the measurement target component by correcting interference influence of an interference component that is a component other than the measurement target component contained in the combustion gas (Abstract, Page 5-9);
wherein the interference component is water, carbon dioxide, and/or a hydrocarbon (Page 5, 7);
wherein the laser light source is a quantum cascade laser (Pag 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yamamoto by Takashi as taught above such that calculate the concentration of the measurement target component by correcting interference influence of an interference component that is a component other than the measurement target component contained in the combustion gas; wherein the interference component is water, carbon dioxide, and/or a hydrocarbon; wherein the laser light source is a quantum cascade laser is accomplished in order to obtain accurate computation of concentration (Takashi, Abstract).
Conclusion
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/JAMIL AHMED/Primary Examiner, Art Unit 2877