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 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 limitation(s) is/are:
Light condensing mechanism in claim 7.
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.
A review of the published specification shows that the following appears to be the corresponding structure describe in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Light condensing mechanism is described as a paraboloid, a curved mirror, or other structure which is condensing light onto a surface
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 10, and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, claim 5 recites the limitation “a temperature corresponding to the desired radiation spectrum”. There is unclear antecedent basis for this limitation in the claim. It is unclear how this temperature relates to the temperature corresponding to the desired radiation spectrum set forth in claim 4. Clarification is required. For examination purposes, this will be interpreted as referring to the same temperature set forth in claim 4.
Regarding claim 10, the term “high transmittance of the infrared light” in claim 10 is a relative term which renders the claim indefinite. The term “high transmittance of the infrared light” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes a reference disclosing a window portion that allows transmittance of the excitation beam will be interpreted as meeting this limitation in the claim.
Regarding claim 14, claim 14 is directed to an apparatus but recites no structural components. The limitation “for irradiating a measurement target with infrared light that is modulated” is a recitation of the intended application of the apparatus but does not recite structural components of the apparatus. Additionally, the limitation “in conjunction with heat generation corresponding to a modulation pattern” merely recites what the light source is used in conjunction with, in other words the heat generation is not a part of the apparatus as recited by the claim. Accordingly, it is unclear what claim 14 is attempting to require and this claim is rejected under 112b.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watabe (JP2012225829, hereafter citing to a machine translation of Watabe).
Regarding claim 14, Watabe discloses a thermal light source for irradiating a measurement target (Watabe, Para 2; “In general, an infrared radiation source used in an apparatus that irradiates a detection target with infrared rays and measures the physical properties of the detection target”) with infrared light that is modulated, in conjunction with heat generation corresponding to a modulation pattern (Watabe, Para 45; “In the infrared radiation element configured as described above, when a predetermined voltage is applied to both the electrodes 3 and the radiation layer 12 is energized, the radiation layer 12 generates heat, thereby increasing the temperature of the radiation layer 12 and emitting infrared rays. The Further, when the energization to the radiation layer 12 is stopped, the temperature of the radiation layer 12 is lowered and the infrared radiation is stopped. It is possible to increase the temperature during the voltage increase period and decrease the temperature during the voltage decrease period not only when the voltage applied to the radiation layer 12 is interrupted but also when a voltage that changes sinusoidally is applied. . That is, the intensity of infrared rays can be modulated according to the voltage applied to the electrode 3.”) (Watabe, Para 38; “Therefore, the peak wavelength of infrared rays emitted from the radiation layer 12 can be changed by changing the temperature of the radiation layer 12. In order to adjust the temperature of the radiation layer 12, the joule heat generated per unit time is changed by adjusting the amplitude and waveform of the voltage applied to the reflection layer 13.”).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-4, 6-7, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Lubinski et al. (US20210164928, hereafter Lubinski) and Watabe (JP2012225829, hereafter citing to a machine translation of Watabe).
Regarding claim 1, Lubinski discloses in Figure 24 a photoacoustic wave measurement device (Lubinski, Para 424; “Other detection methods for detecting a response signal after emission of an excitation beam can comprise: photoacoustic detection”) comprising:
a light source (laser light source 3) that irradiates a measurement target with infrared light (Lubinski, Para 134; “One or more excitation beams 8, preferably infrared beams, are generated sequentially or simultaneously with the laser light source 3.”) (Lubinski, Para 137; “excitation because passes through the measuring body 1 or enters the material of which the measuring body is made, provided it is ensured that the excitation beam 8 enters the substance 5 to be analysed on the underside of the measuring surface 2”); and
a measurement unit that receives, in an airtight chamber, a photoacoustic wave emitted from the measurement target irradiated with the infrared light, and measures a pressure change in the airtight chamber by a pressure sensor (Lubinski, Para 206; “These recesses or grooves 128, 129, which in this case are sealed with a polymer by casting, are used to separate a detection region and thus a piezoelectric body defining the detection region, which can expand and contract as a result of a thermal and/or pressure wave, thereby showing the piezoelectric, measurable effects. These can then be detected by the electrodes”) (Lubinski, Para 218; “The detector may be formed, for example, by an optical medium/measuring body with a detection region, which is in particular adjacent to or directly adjacent to the measuring surface (=boundary surface of the measuring body in contact with the substance to be analysed), and which has a pressure- or temperature-dependent specific electrical resistance and/or generates electrical, particularly piezoelectric, voltage signals in the event of pressure or temperature changes, and with an electrical contact device which has electrodes that are electrically conductively connected to the detection region of the optical medium/measuring body for detecting the electrical resistance and/or the electrical signals, wherein a detection device is formed with the contact device and the detection region.”) (Lubinski, Para 141-142; “The absorption of the excitation beams 8 in the tissue 5 causes a local temperature increase in the region of volume 5 a, which triggers a heat transfer and hence associated pressure waves and thermal pulses towards the surface of the tissue 5 and the measuring surface 2 in contact therewith. Due to the temperature and pressure fluctuations that occur at the measuring surface 2 and adjacent to this in the measuring body 1, the density, refractive index or the deformation, microstructure and the reflection behaviour in the detection region 4 near to the measuring surface 2 are modulated and, as a result, in the case of a piezo-material an electrical resistance is influenced or a piezo-voltage is generated or changed/modulated as a response signal. The magnitude/amplitude of the intensity modulation of the measured values/response signal depends on the wavelength of the excitation beams (due to the necessary absorption in the tissue) and on the pulse frequency/modulation frequency of the excitation beams (due to the heat transfer and the pressure waves from the interior of the tissue towards the measuring surface 2) and on the thermal properties of the sample and the measuring body 1.”).
Lubinski does not clearly and explicitly disclose wherein the light source is a thermal light source that is modulated, in conjunction with heat generation corresponding to a modulation pattern.
In an analogous infrared light source field of endeavor Watabe discloses wherein a light source is a thermal light source that is modulated, in conjunction with heat generation corresponding to a modulation pattern (Watabe, Para 45; “In the infrared radiation element configured as described above, when a predetermined voltage is applied to both the electrodes 3 and the radiation layer 12 is energized, the radiation layer 12 generates heat, thereby increasing the temperature of the radiation layer 12 and emitting infrared rays. The Further, when the energization to the radiation layer 12 is stopped, the temperature of the radiation layer 12 is lowered and the infrared radiation is stopped. It is possible to increase the temperature during the voltage increase period and decrease the temperature during the voltage decrease period not only when the voltage applied to the radiation layer 12 is interrupted but also when a voltage that changes sinusoidally is applied. . That is, the intensity of infrared rays can be modulated according to the voltage applied to the electrode 3.”) (Watabe, Para 38; “Therefore, the peak wavelength of infrared rays emitted from the radiation layer 12 can be changed by changing the temperature of the radiation layer 12. In order to adjust the temperature of the radiation layer 12, the joule heat generated per unit time is changed by adjusting the amplitude and waveform of the voltage applied to the reflection layer 13.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the light source is a thermal light source that is modulated, in conjunction with heat generation corresponding to a modulation pattern in order to improve detection accuracy by using a more stable, responsive, and efficient light source as taught by Watabe (Watabe, Para 2-3).
Regarding claim 2, Lubinski as modified by Watabe above discloses all of the limitations of claim 1 as discussed above.
Lubinski does not clearly and explicitly disclose wherein the thermal light source is an electrical resistor that generates heat when a current flows therethrough.
Watabe further discloses wherein a thermal light source is an electrical resistor that generates heat when a current flows therethrough (Watabe, Para 45; “In the infrared radiation element configured as described above, when a predetermined voltage is applied to both the electrodes 3 and the radiation layer 12 is energized, the radiation layer 12 generates heat, thereby increasing the temperature of the radiation layer 12 and emitting infrared rays. The Further, when the energization to the radiation layer 12 is stopped, the temperature of the radiation layer 12 is lowered and the infrared radiation is stopped. It is possible to increase the temperature during the voltage increase period and decrease the temperature during the voltage decrease period not only when the voltage applied to the radiation layer 12 is interrupted but also when a voltage that changes sinusoidally is applied. . That is, the intensity of infrared rays can be modulated according to the voltage applied to the electrode 3.”) (Watabe, Para 38; “Therefore, the peak wavelength of infrared rays emitted from the radiation layer 12 can be changed by changing the temperature of the radiation layer 12. In order to adjust the temperature of the radiation layer 12, the joule heat generated per unit time is changed by adjusting the amplitude and waveform of the voltage applied to the reflection layer 13.”) (Watabe, Para 40; “The reflective layer 13 is formed using iridium, which is a metal material that hardly reacts with the material of the heat insulating layer 11 and has excellent stability at high temperatures. Further, it is known that the reflectance is higher as the sheet resistance is smaller. Therefore, by using iridium, the reflection layer 13 having a low sheet resistance (desirably 10Ω sq or less) and a high reflectance can be formed with an extremely thin film having a small heat capacity. In the present embodiment, the reflective layer 13 is used in which iridium is formed at a predetermined position by a sputtering method and the thickness is adjusted so that the sheet resistance is 1 Ωsq. In addition, when the temperature rise of the reflective layer 13 is small, materials such as aluminum can be used, but the material for forming the reflective layer 13 is not limited to these materials.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the thermal light source is an electrical resistor that generates heat when a current flows therethrough in order to improve detection accuracy by using a more stable, responsive, and efficient light source as taught by Watabe (Watabe, Para 2-3).
Regarding claim 3, Lubinski as modified by Watabe above discloses all of the limitations of claim 2 as discussed above.
Claim 3 is considered a product-by-process claim. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” [citations omitted] See MPEP 2113. Here Lubinski as modified by Watabe above is interpreted as meeting the limitations in the claim because as cited previously Watabe discloses an electrical resistor that is a conductor (current flows therethrough).
Regarding claim 4, Lubinski as modified by Watabe above discloses all of the limitations of claim 1 as discussed above.
Lubinski does not clearly and explicitly disclose wherein the thermal light source is controlled to a temperature corresponding to a desired radiation spectrum.
Watabe further discloses wherein a thermal light source is controlled to a temperature corresponding to a desired radiation spectrum (Watabe, Para 45; “In the infrared radiation element configured as described above, when a predetermined voltage is applied to both the electrodes 3 and the radiation layer 12 is energized, the radiation layer 12 generates heat, thereby increasing the temperature of the radiation layer 12 and emitting infrared rays. The Further, when the energization to the radiation layer 12 is stopped, the temperature of the radiation layer 12 is lowered and the infrared radiation is stopped. It is possible to increase the temperature during the voltage increase period and decrease the temperature during the voltage decrease period not only when the voltage applied to the radiation layer 12 is interrupted but also when a voltage that changes sinusoidally is applied. . That is, the intensity of infrared rays can be modulated according to the voltage applied to the electrode 3.”) (Watabe, Para 38; “Therefore, the peak wavelength of infrared rays emitted from the radiation layer 12 can be changed by changing the temperature of the radiation layer 12. In order to adjust the temperature of the radiation layer 12, the joule heat generated per unit time is changed by adjusting the amplitude and waveform of the voltage applied to the reflection layer 13.”) (Watabe, Para 40; “The reflective layer 13 is formed using iridium, which is a metal material that hardly reacts with the material of the heat insulating layer 11 and has excellent stability at high temperatures. Further, it is known that the reflectance is higher as the sheet resistance is smaller. Therefore, by using iridium, the reflection layer 13 having a low sheet resistance (desirably 10Ω sq or less) and a high reflectance can be formed with an extremely thin film having a small heat capacity. In the present embodiment, the reflective layer 13 is used in which iridium is formed at a predetermined position by a sputtering method and the thickness is adjusted so that the sheet resistance is 1 Ωsq. In addition, when the temperature rise of the reflective layer 13 is small, materials such as aluminum can be used, but the material for forming the reflective layer 13 is not limited to these materials.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the thermal light source is controlled to a temperature corresponding to a desired radiation spectrum in order to improve detection accuracy by using a more stable, responsive, and efficient light source as taught by Watabe (Watabe, Para 2-3).
Regarding claim 6, Lubinski as modified by Watabe above discloses all of the limitations of claim 4 as discussed above.
Lubinski further discloses a filter that transmits light of a desired wavelength between the light source and the measurement target (Lubinski, Para 35; “wavelength filters, such as tuneable filters, can also be used to selectively generate excitation beams for different wavelengths or wavelength ranges.”) (Lubinski, Para 46; “the wavelength selection can also be carried out later by means of filters in the light path”) (Lubinski, Para 119; “it is preferable, as explained further below, to use a light source strip or a light source array with at least two single emitters in the form of lasers, in particular semiconductor lasers with fixed wavelengths, or light-emitting semiconductor diodes, each of which emits a specified individual wavelength or light within a defined narrow wavelength range, including the possibility of using light sources combined simultaneously or sequentially with suitable filters and connected in series to isolate specific wavelengths or wavelength ranges”) (Lubinski, Para 446; “a filter can be provided in the beam path that transmits only infrared radiation of a specific wavelength range.”).
Regarding claim 7, Lubinski as modified by Watabe above discloses all of the limitations of claim 1 as discussed above.
Lubinski further discloses a light condensing mechanism that condenses the infrared light on the measurement target between the light source and the measurement target (Lubinski, Para 40; “a lens may also be provided to focus the excitation beam(s) onto a point in the substance to be analysed”) (Lubinski, Para 79; “can also have optical focusing elements for the excitation beam or be connected to such elements, for example, one or more lenses”) (Lubinski, Para 81; “Integrated into or directly connected to the measuring body, especially when a flat body is used, a focusing device can be provided, e.g. in the form of a diffracting element/lens, which focusses the excitation beam onto the measuring surface and the substance surface of the substance to be analysed”).
Regarding claim 10, Lubinski as modified by Watabe above discloses all of the limitations of claim 1 as discussed above.
Lubinski further discloses wherein the airtight chamber includes a window portion in a portion to be directly irradiated with the infrared light from the thermal light source, and the window portion is made of a material having high transmittance of the infrared light (Lubinski, Figure 24 showing this).
Regarding claim 11, Lubinski as modified by Watabe above discloses all of the limitations of claim 1 as discussed above.
Lubinski further discloses outside the pressure sensor on a side opposite to the airtight chamber, a closed space that is separated from outside air (Lubinski, Figure 24 showing a chamber for optical wave guide 126).
Regarding claim 12, Lubinski discloses in Figure 24 a photoacoustic wave measurement system (Lubinski, Para 424; “Other detection methods for detecting a response signal after emission of an excitation beam can comprise: photoacoustic detection”)comprising:
a light source (laser light source 3) that irradiates a measurement target with infrared light (Lubinski, Para 134; “One or more excitation beams 8, preferably infrared beams, are generated sequentially or simultaneously with the laser light source 3.”) (Lubinski, Para 137; “excitation because passes through the measuring body 1 or enters the material of which the measuring body is made, provided it is ensured that the excitation beam 8 enters the substance 5 to be analysed on the underside of the measuring surface 2”);
a measurement unit that receives, in an airtight chamber, a photoacoustic wave emitted from the measurement target irradiated with the infrared light, and measures a pressure change in the airtight chamber by a pressure sensor (Lubinski, Para 206; “These recesses or grooves 128, 129, which in this case are sealed with a polymer by casting, are used to separate a detection region and thus a piezoelectric body defining the detection region, which can expand and contract as a result of a thermal and/or pressure wave, thereby showing the piezoelectric, measurable effects. These can then be detected by the electrodes”) (Lubinski, Para 218; “The detector may be formed, for example, by an optical medium/measuring body with a detection region, which is in particular adjacent to or directly adjacent to the measuring surface (=boundary surface of the measuring body in contact with the substance to be analysed), and which has a pressure- or temperature-dependent specific electrical resistance and/or generates electrical, particularly piezoelectric, voltage signals in the event of pressure or temperature changes, and with an electrical contact device which has electrodes that are electrically conductively connected to the detection region of the optical medium/measuring body for detecting the electrical resistance and/or the electrical signals, wherein a detection device is formed with the contact device and the detection region.”) (Lubinski, Para 141-142; “The absorption of the excitation beams 8 in the tissue 5 causes a local temperature increase in the region of volume 5 a, which triggers a heat transfer and hence associated pressure waves and thermal pulses towards the surface of the tissue 5 and the measuring surface 2 in contact therewith. Due to the temperature and pressure fluctuations that occur at the measuring surface 2 and adjacent to this in the measuring body 1, the density, refractive index or the deformation, microstructure and the reflection behaviour in the detection region 4 near to the measuring surface 2 are modulated and, as a result, in the case of a piezo-material an electrical resistance is influenced or a piezo-voltage is generated or changed/modulated as a response signal. The magnitude/amplitude of the intensity modulation of the measured values/response signal depends on the wavelength of the excitation beams (due to the necessary absorption in the tissue) and on the pulse frequency/modulation frequency of the excitation beams (due to the heat transfer and the pressure waves from the interior of the tissue towards the measuring surface 2) and on the thermal properties of the sample and the measuring body 1.”).; and
a controller connected to the light source and the measurement unit, wherein
the controller
controls the light source according to a modulation pattern to irradiate the measurement target with the infrared light that is modulated (Lubinski, Para 129; “The evaluation device 16 is also electrically connected to the modulation device 9, so that the information about the frequency/wavelength of the excitation beam and in particular the frequency and/or phase of the modulation, is available in the evaluation unit 16”), and
obtains a concentration of the measurement target according to the pressure change in the airtight chamber acquired by the measurement unit (Lubinski, Para 128; “An evaluation device 16 for analysing the substance, which is designed as an electronic device, in particular a digital processing device, for example as a microcontroller or processor or as a computer, is in electrical contact with the electrodes 6 a, 6 b, 6 c and 6 d of the contact device 6 via electrical cables 17, 18, evaluates the detected response signals and generates a glucose or blood sugar level indication (BSI) in one embodiment”).
Lubinski does not clearly and explicitly disclose wherein the light source is a thermal light source.
In an analogous infrared light source field of endeavor Watabe discloses wherein a light source is a thermal light source (Watabe, Para 45; “In the infrared radiation element configured as described above, when a predetermined voltage is applied to both the electrodes 3 and the radiation layer 12 is energized, the radiation layer 12 generates heat, thereby increasing the temperature of the radiation layer 12 and emitting infrared rays. The Further, when the energization to the radiation layer 12 is stopped, the temperature of the radiation layer 12 is lowered and the infrared radiation is stopped. It is possible to increase the temperature during the voltage increase period and decrease the temperature during the voltage decrease period not only when the voltage applied to the radiation layer 12 is interrupted but also when a voltage that changes sinusoidally is applied. . That is, the intensity of infrared rays can be modulated according to the voltage applied to the electrode 3.”) (Watabe, Para 38; “Therefore, the peak wavelength of infrared rays emitted from the radiation layer 12 can be changed by changing the temperature of the radiation layer 12. In order to adjust the temperature of the radiation layer 12, the joule heat generated per unit time is changed by adjusting the amplitude and waveform of the voltage applied to the reflection layer 13.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the light source is a thermal light source in order to improve detection accuracy by using a more stable, responsive, and efficient light source as taught by Watabe (Watabe, Para 2-3).
Regarding claim 13, Lubinski as modified by Watabe above discloses all of the limitations of claim 1 as discussed above.
Lubinski as modified by Watabe above further discloses a filter that transmits light of a desired wavelength corresponding to the measurement target and is provided in a path from the thermal light source to the measurement target (Lubinski, Para 35; “wavelength filters, such as tuneable filters, can also be used to selectively generate excitation beams for different wavelengths or wavelength ranges.”) (Lubinski, Para 46; “the wavelength selection can also be carried out later by means of filters in the light path”) (Lubinski, Para 119; “it is preferable, as explained further below, to use a light source strip or a light source array with at least two single emitters in the form of lasers, in particular semiconductor lasers with fixed wavelengths, or light-emitting semiconductor diodes, each of which emits a specified individual wavelength or light within a defined narrow wavelength range, including the possibility of using light sources combined simultaneously or sequentially with suitable filters and connected in series to isolate specific wavelengths or wavelength ranges”) (Lubinski, Para 446; “a filter can be provided in the beam path that transmits only infrared radiation of a specific wavelength range.”).
Lubinski does not clearly and explicitly disclose wherein the controller changes a temperature of the thermal light source to change an intensity of the infrared light of the desired wavelength with respect to the measurement target.
Watabe further discloses changing a temperature of a thermal light source to change an intensity of emitted infrared light of a desired wavelength with respect to a measurement target (Watabe, Para 45; “In the infrared radiation element configured as described above, when a predetermined voltage is applied to both the electrodes 3 and the radiation layer 12 is energized, the radiation layer 12 generates heat, thereby increasing the temperature of the radiation layer 12 and emitting infrared rays. The Further, when the energization to the radiation layer 12 is stopped, the temperature of the radiation layer 12 is lowered and the infrared radiation is stopped. It is possible to increase the temperature during the voltage increase period and decrease the temperature during the voltage decrease period not only when the voltage applied to the radiation layer 12 is interrupted but also when a voltage that changes sinusoidally is applied. . That is, the intensity of infrared rays can be modulated according to the voltage applied to the electrode 3.”) (Watabe, Para 38; “Therefore, the peak wavelength of infrared rays emitted from the radiation layer 12 can be changed by changing the temperature of the radiation layer 12. In order to adjust the temperature of the radiation layer 12, the joule heat generated per unit time is changed by adjusting the amplitude and waveform of the voltage applied to the reflection layer 13.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the controller changes a temperature of the thermal light source to change an intensity of the infrared light of the desired wavelength with respect to the measurement target in order to improve detection accuracy by using a more stable, responsive, and efficient light source as taught by Watabe (Watabe, Para 2-3).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lubinski and Watabe as applied to claim 4 above, and further in view of Wang et al. (US20190307334, hereafter Wang).
Regarding claim 5, Lubinski as modified by Watabe above discloses all of the limitations of claim 4 as discussed above.
Lubinski does not clearly and explicitly disclose wherein the thermal light source includes a temperature sensor, and is controlled to a temperature corresponding to the desired radiation spectrum by feedback control using a temperature acquired by the temperature sensor.
Watabe further discloses wherein a thermal light source is controlled to a temperature corresponding to a desired radiation spectrum (Watabe, Para 45; “In the infrared radiation element configured as described above, when a predetermined voltage is applied to both the electrodes 3 and the radiation layer 12 is energized, the radiation layer 12 generates heat, thereby increasing the temperature of the radiation layer 12 and emitting infrared rays. The Further, when the energization to the radiation layer 12 is stopped, the temperature of the radiation layer 12 is lowered and the infrared radiation is stopped. It is possible to increase the temperature during the voltage increase period and decrease the temperature during the voltage decrease period not only when the voltage applied to the radiation layer 12 is interrupted but also when a voltage that changes sinusoidally is applied. . That is, the intensity of infrared rays can be modulated according to the voltage applied to the electrode 3.”) (Watabe, Para 38; “Therefore, the peak wavelength of infrared rays emitted from the radiation layer 12 can be changed by changing the temperature of the radiation layer 12. In order to adjust the temperature of the radiation layer 12, the joule heat generated per unit time is changed by adjusting the amplitude and waveform of the voltage applied to the reflection layer 13.”) (Watabe, Para 40; “The reflective layer 13 is formed using iridium, which is a metal material that hardly reacts with the material of the heat insulating layer 11 and has excellent stability at high temperatures. Further, it is known that the reflectance is higher as the sheet resistance is smaller. Therefore, by using iridium, the reflection layer 13 having a low sheet resistance (desirably 10Ω sq or less) and a high reflectance can be formed with an extremely thin film having a small heat capacity. In the present embodiment, the reflective layer 13 is used in which iridium is formed at a predetermined position by a sputtering method and the thickness is adjusted so that the sheet resistance is 1 Ωsq. In addition, when the temperature rise of the reflective layer 13 is small, materials such as aluminum can be used, but the material for forming the reflective layer 13 is not limited to these materials.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the thermal light source is controlled to a temperature corresponding to a desired radiation spectrum in order to improve detection accuracy by using a more stable, responsive, and efficient light source as taught by Watabe (Watabe, Para 2-3).
In an analogous photoacoustic device field of endeavor Wang discloses wherein a light source is controlled by feedback control using a temperature acquired by a temperature sensor (Wang, Para 205; “the light source control unit 1716 may be further configured to monitor feedback data used to modulate the one or more control signals produced by the light source control unit 1716. Non-limiting examples of suitable feedback data includes […] temperature of the light source, […] and any other relevant feedback data.”).
Such a modification amounts to the mere combination of known prior art parts to yield predictable results, which has previously been held to involve no more than routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the thermal light source includes a temperature sensor, and is controlled by feedback control using a temperature acquired by the temperature sensor in order use a system with higher frame rate and resolution as taught by Wang (Wang, Para 3).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lubinski and Watabe as applied to claim 7 above, and further in view of Kang et al. (US20140275941, hereafter Kang).
Regarding claim 8, Lubinski as modified by Watabe above discloses all of the limitations of claim 7 as discussed above.
Lubinski as modified by Watabe above further discloses a plurality of thermal light sources including the thermal light source are provided (Lubinski, Para 221; “the excitation light beam/excitation beam is generated by a plurality of emitters or multi-emitters, in particular in the form of a laser array, which emit light at different wavelengths simultaneously or sequentially or in pulse patterns, or also alternately.”).
Lubinski does not clearly and explicitly disclose wherein the light condensing mechanism is a phased array structure in which a phase amount of the modulation pattern of the plurality of thermal light sources is controlled to impart directivity to the infrared light emitted from the plurality of thermal light sources.
In an analogous photoacoustic device field of endeavor Kang discloses wherein a light condensing mechanism is a phased array structure in which a phase amount of the modulation pattern of a light source is controlled to impart directivity to light emitted from the light source (Kang, Para 33; “the light emitted by the light source 18 may be spatially modulated, such as via a modulator 26”) (Kang, Para 31; “To increase the precision of the measurements, the emitted light may be focused on an internal region of interest by modulating the intensity and/or phase of the illuminating light.”).
Such a modification amounts to the mere combination of known prior art parts to yield predictable results, which has previously been held to involve no more than routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the light condensing mechanism is a phased array structure in which a phase amount of the modulation pattern of the plurality of thermal light sources is controlled to impart directivity to the infrared light emitted from the plurality of thermal light sources in order increase precision of measurements as taught by Kang (Kang, Para 31).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lubinski and Watabe as applied to claim 1 above, and further in view of Maslov et al. (US20110201914, hereafter Maslov).
Regarding claim 9, Lubinski as modified by Watabe above discloses all of the limitations of claim 1 as discussed above.
Lubinski does not clearly and explicitly disclose wherein the thermal light source is provided in the airtight chamber.
In an analogous photoacoustic device field of endeavor Maslov discloses wherein a light source is provided in an airtight chamber (Maslov, Para 56; “Embodiments of the invention may also include any photoacoustic techniques with any light delivery and ultrasonic detection arrangement placed inside a sealed container for scanning, where the container may remain motionless during acquisition of one image frame”) (Maslov, Para 45; “Fourth, the device performs interlaced acquisition of time-resolved laser-induced pressure waves and reflected ultrasonic pulses, which may be used, for example, to measure the tissue metabolic rate through co-registration of ultrasound pulsed-Doppler and photoacoustic spectral data at high temporal and spatial resolution”).
Such a modification amounts to the mere combination of known prior art parts to yield predictable results, which has previously been held to involve no more than routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lubinski wherein the thermal light source is provided in the airtight chamber in order increase temporal and spatial resolution as taught by Maslov (Maslov, Para 31) by isolating the laser from external influences, reducing unwanted interference and improving the quality the generated signal..
Conclusion
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/JOHN D LI/Primary Examiner, Art Unit 3798