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 .
Claim Interpretation
The claim interpretation as explain in the previous office action was not traversed by the applicant. Therefore, the Claim interpretation under 35 U.S.C. 112(f) is maintained.
Response to Amendment
The amendment filled on 01/20/2026 has been entered. Claims 1-4 are remain pending in the application.
Applicant’s arguments filed on 01/20/2026 with respect to 35 U.S.C § 103 to newly amended limitations in claim 1 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
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Sakawa et al. (US 2017/0233647 A1), hereafter Sakawa., in view of Takeda et al. (JP 2020159867 A, included in IDS on 06/08/2024), hereafter Takeda.
Regarding claim 1, Sakawa teaches a spectrophotometer (Fig. 8, [0105]) comprising:
a light source (Fig. 8 element “light source”) configured to emit light (Fig. 1 element 14) in a wavelength band including an excitation wavelength (“460 nm”, [0106-0107) a photoreaction on a target substance in a sample, [0107]
an integrating sphere (Fig. 8 “integrating sphere”) having a light entrance port (Fig. 8 “incident port”, as shown in annotated Fig. 8 below) through which light (Fig. 1 element 14) emitted from the light source enters, (as shown in annotated Fig. 8 below, [0105-0106]) and a light emission port (“light emission port”, as indicated in annotated Fig. 8 below) provided at a position deviated from an optical axis of the light entering the light entrance port, (as shown in annotated Fig. 8 below the light emission port axis is deviated from the axis of the light entrance port, [0105-0106])
a sample placement unit provided in the light entrance port, (the light entrance port is configured to fix the sample in to the port providing placement to the sample, [0106]); and
a light intensity measurement unit (Fig. 8 element “detector”) configured to measure intensity of light having the excitation wavelength emitted from the light emission port, (I4 and/or I5, [0106-0107])
wherein the sample is a sol, gel, or a thin film (Fig. 1 element 22), [0039, 0105]).
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Sakawa do not clearly teach the light source emitting a known number of photons of the light having the excitation wavelength, wherein the light source is a white light source. Also in the arguendo that Sakawa do not teaches an excitation wavelength which causes a photoreaction on a target substance in a sample.
Takeda related to optical measuring devices and thus form the same field of endeavor teaches the light source emitting a known number of photons of the light having the excitation wavelength [page 2, paras. 2-4], [page 20, para. 9];, wherein the light source is a white light source, [page 3, paragraphs 2-3], an excitation wavelength which causes a photoreaction on a target substance in a sample (Fig. 2 element 240), [page 2, para. 9-10]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sakawa by including the light source emitting a known number of photons of the light having the excitation wavelength, wherein the light source is a white light source, an excitation wavelength which causes a photoreaction on a target substance in a sample (as taught by Takeda) for several advantages such as: allow to determine luminous efficiency , quantum efficiency of the light emitting material promoting international standardization of measurement methods and enhance quality control in each manufacturing process thus increase the device accuracy and efficiency, ([page 1, para 3], [Page 3, para 2], Takeda).
Regarding claims 2-3, Sakawa in the combination outlined above teaches the spectrophotometer.
Sakawa further teaches
(claim 2) calculate the light having the excitation wavelength by the target substance , [0105-0107] on a basis of the intensity of the light having the excitation wavelength detected by the light intensity measurement unit, ([page 4, para. 3-4, page 5, para.]) in a state where the sample is not placed in the sample placement unit, (I4) and the intensity of the light (I6) having the excitation wavelength detected by the light intensity measurement unit (Fig. 8 element “detector’) in a state where the sample is placed in the sample placement unit, ([0107].
Sakawa do not clearly teaches:
(claim 2) an arithmetic processing unit configured to calculate an absorptivity of the light having the excitation wavelength by the target substance a basis of the intensity of the light having the excitation wavelength detected by the light intensity measurement unit, in a state where the sample is not placed in the sample placement unit.
(claim 3) wherein the arithmetic processing unit is further configured to calculate a number of photons of the light absorbed by the target substance on a basis of a number of photons and the absorptivity of the light having the excitation wavelength.
Takeda further teaches:
(claim 2) an arithmetic processing unit ( Fig. 2 element 230 + computer, [page 5, para 8]) configured to calculate an absorptivity of the light having the excitation wavelength by the target substance (Fig. 1 element 240), ([page 2, para. 2-4]) on a basis of the intensity of the light having the excitation wavelength detected by the light intensity measurement unit, ([page 4, para. 3-4, page 5, para.]) in a state where the sample is not placed in the sample placement unit, (the measurement is form by irradiating a standard white plate, [page 2, para. 2]) and the intensity of the light having the excitation wavelength detected by the light intensity measurement unit in a state where the sample is placed in the sample placement unit, (the measurement is form by irradiating the sample, [page 2, para. 2]).
(claim 3) wherein the arithmetic processing unit ( Fig. 2 element 230 + computer, [page 5, para 8]) is further configured to calculate a number of photons of the light absorbed by the target substance (Fig. 1 element 240) on a basis of a number of photons and the absorptivity of the light having the excitation wavelength, ([page 2, para. 2-4]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Sakawa by including an arithmetic processing unit configured to calculate an absorptivity of the light having the excitation wavelength by the target substance a basis of the intensity of the light having the excitation wavelength detected by the light intensity measurement unit, in a state where the sample is not placed in the sample placement unit, wherein the arithmetic processing unit is further configured to calculate a number of photons of the light absorbed by the target substance on a basis of a number of photons and the absorptivity of the light having the excitation wavelength, (as taught by Takeda) for several advantages such as: allow to determine luminous efficiency , quantum efficiency of the light emitting material promoting international standardization of measurement methods and enhance quality control in each manufacturing process thus increase the device accuracy and efficiency, ([page 1, para 3], [Page 3, para 2], Takeda).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sakawa in view of Takeda and further in view of Kawasaki et al. (US 2020/0182693 A1), hereafter Kawasaki.
Regarding claim 4, Sakawa in the combination outlined above teaches the spectrophotometer according to claim 1, further comprising wherein the light source is a white LED light source, ([page 3, paragraphs 2-3], Takeda) , and the light intensity measurement unit includes a detector (as shown in Fig. 8, [0105-0106], Sakawa).
The modified device of Sakawa do not clearly teach the light intensity measurement unit includes a spectroscope configured to wavelength-separate light emitted from the light emission port, and a detector configured to detect the light wavelength-separated by the spectroscope.
However, Kawasaki relates to optical measuring devices and thus from the same field of endeavor teaches the light intensity measurement unit (Fig. 5 element 2000) includes a spectroscope (Fig. 5 element 2022, [0068]) configured to wavelength-separate light emitted from the light emission port, [0069, 0076], and a detector (Fig. 5 elements 2083 + 2084, [0069]) configured to detect the light wavelength-separated by the spectroscope, [0078, 0087].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Sakawa by including the light intensity measurement unit includes a spectroscope configured to wavelength-separate light emitted from the light emission port, and a detector configured to detect the light wavelength-separated by the spectroscope. (as taught by Kawasaki) for several advantages such as: the device allows to apply an observation light to a position for measurement without providing large space in a spectrophotometer, and the position for measurement can be easily known, thus increase the versability of the device, ([0019], Kawasaki). Also spectroscope allows to analyze the composition of light sources and determine the properties of objects increasing the increasing accuracy.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS G PEREZ-GUZMAN whose telephone number is (571)272-3904. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm ET.
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/CARLOS PEREZ-GUZMAN/ Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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