Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed 04/14/2026 was entered. Claims 1-9 are pending. Upon entry of the amendment, claims 1, 5, 8, and 9 are currently amended. No new matter is added.
Response to Arguments
Applicant’s arguments with respect to claim(s) the independent claims 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.
Claim(s) 1, 4, 5, and 7–9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Castagna et al. (US Pub. No. 2020/0103339 A1) in view of Ito et al. (JP 2015-135258 A).
With regards to claim 1, Castagna teaches an NDIR detector device for detecting molecules in a gas, including a light-emitting element and a light-receiving element arranged in a casing with support, spacer body, and mirror element (Castagna [0001]–[0003], [0023], Fig. 2).
The light-emitting element includes light source 21 and emission filter 24; the light-receiving element includes photodetector 22 and reception filter 25, where the reception filter passes gas-absorption wavelengths and the photodetector receives the reflected radiation (Castagna [0024]–[0030], Figs. 2, 5).
The light-emitting element 35 and light-receiving element 36 are fixed on the same bearing surface 28A of support 28; support 28 may be a PCB carrying the control/processing unit and electrical connections (Castagna [0025], [0053]–[0054], Fig. 5).
Emitted radiation is reflected by mirror reflecting surface 23A toward the receiver; the mirror/spacer/casing forms a cover/reflection chamber with gas inlet channel, groove, and slits for admitting target gas (Castagna [0027], [0034], [0050]–[0051], Figs. 2, 7C, 7D).
The control/processing unit controls the light source in continuous or pulsed fashion, receives the photodetector voltage signal, and outputs a control signal to an external apparatus such as a conditioning system (Castagna [0055], Fig. 5).
The source and photodetector may be manufactured using MEMS techniques; if optical component 65 is the source, its active structure may be a resistor that emits IR by Joule effect (Castagna [0060], [0077], Fig. 8).
Castagna fails to expressly teach the exact claimed gas-concentration algorithm of calculating concentration from a difference value obtained by subtracting a detection value acquired when the source is off from a detection value acquired when the source is on. Notice that Castagna teaches pulsed source control and photodetector processing, but not the express ON-minus-OFF subtraction calculation (Castagna [0055]).
Ito teaches the missing processing (Abstract). Ito teaches an NDIR gas sensor in which a light source and IR detection unit are used with an optical filter selecting the molecular absorption wavelength (Ito [0002]). Ito expressly teaches subtracting the light-source-OFF detection output V0 from the light-source-ON output VH to obtain a true detection output ΔV = VH − V0 that cancels ambient IR/background drift (Ito [0003]).
Ito also teaches controlling the light source so the emitted IR amount alternates between first and second settings, with the second setting allowed to be OFF; intermittent/blinking operation is expressly disclosed (Ito [0023]).
Ito stores concentration-conversion data between ΔV = VH − VL and gas concentration and calculates gas concentration from the differential output (Ito [0024], [0049]–[0050]).
Ito teaches executing the processes by a microcomputer using programs/data stored in memory or external recording media (Ito [0022], [0055]).
In view of the utility, to enhance, upgrade the detection device and increase sensitivity as needed, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Castagna to include the teachings such as that taught by Ito to apply Ito’s ON/OFF differential NDIR signal processing to Castagna’s compact same-plane NDIR detector because both references solve gas-concentration measurement in NDIR sensors, and Ito expressly teaches that ON-minus-OFF subtraction cancels ambient IR/background drift. The combination merely uses a known signal-processing correction with Castagna’s known compact optical package to improve measurement accuracy in a predictable way
With regards to claim 4, Castagna teaches the claimed invention according to claim 1 and further that the light source and detector may be manufactured using MEMS manufacturing techniques and that low-cost components may be made with MEMS wafers (Castagna [0060], [0061], [0077]; Fig. 8).
With regards to claim 5, Castagna teaches a casing/cover formed by support 28, spacer body 31, and mirror element 23, with mirror reflecting surface 23A reflecting IR to the receiver and a gas-inlet channel 27 with groove 47/slits 49 introducing target gas into reflection chamber 26 (Castagna [0023], [0027], [0034], [0050]– [0051]; Figs. 2, 7C, 7D).
With regards to claim 7, Castagna teaches that the control/processing unit outputs control signal 51 that can drive turning-on/off or adjusting of an external device or apparatus, such as a conditioning system, based on the detector application (Castagna [0003], [0055]). Notice that in the rejection of claim 1, Ito already addressed or supplies the gas concentration calculation from the differential value (Ito [0024], [0049]– [0050]).
With regards to claim 8, notice that claim 8 are the method steps that produce or preform of the same functions mapped for claim 1. Castagna teaches emitting IR, filtering/reception, same-support optical arrangement, and pulsed control; Ito teaches the ON/OFF subtraction calculation (Castagna [0024]– [0030], [0053]– [0055]; Ito [0003], [0023]– [0024], [0049]– [0050]). See the rejection of claim 1.
With regards to claim 9, Castagna teaches the claimed invention according to claims 1 and 8, and further, see FIG. 5, that the detector device 60 further comprises a control and processing unit 55. The control and processing unit 55, for example an ASIC (Application-Specific Integrated Circuit), is carried by the support 28, alongside the spacer body 31, but could be arranged in the groove 47 or within a suitable cavity, in a way not shown [0053]. Castagna also teaches that a support may be formed by a printed circuit board (PCB) [0054].
Castagna fails to expressly disclose the non-transitory computer readable storage medium having a program stored there for controlling a computer in a sensor device.
Ito teaches a microcomputer with memory/CPU/I/O that executes gas concentration processing and expressly states that programs/data may be stored in external storage/recording media, including semiconductor memory, CD-ROM/DVD, or magnetic disk (Ito [0022], [0055]). The underlying optical device is the Castagna + Ito device already mapped for claim 1.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Castagna in view of Ito and further in view of Camargo (EP 3,051,274 B1).
Castagna modified teaches the claimed invention according to claim 1, but fail to expressly disclose a temperature used in compensation is a substrate temperature of the board-shaped substrate, nor that an average substrate temperature is computed from temperatures detected when the source is ON and OFF.
Ito and Camargo teach the missing temperature processing:
Ito teaches detecting temperatures at the timing of high/low (on/off) source operation and using temperature/weighted average processing to calculate ΔV and gas concentration under changing thermal conditions (Ito [0046]– [0055]).
Camargo teaches a gas sensor with substrates carrying light source/sensor units and a computation unit for gas concentration and/or corrected gas concentration (Camargo [0044]– [0047]).
Camargo also teaches that even when optical parameters change with wavelength/temperature, a temperature of the first substrate and/or second substrate or cell is measured and used for temperature compensation (Camargo [0165]– [0167]; [0229]).
In view of the utility, to enhance and improve sensing device for more precise sensory, it would have been obvious to a person of ordinary skill in the art at the time the inventio was made to modify Castagna to include the teachings such as that taught by Ito and Camargo in order to use substrate temperature from the Castagna + Ito device because compact NDIR sensors are sensitive to temperature drift, and Camargo expressly teaches measuring substrate/cell temperature for compensation.
It also would have been obvious to average or combine ON-state and OFF-state substrate temperatures because Ito teaches obtaining temperature readings at the alternating source states and using those values to improve the differential concentration calculation.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Castagna in view of Ito and further in view of Serebryanov et al. (US Pub. No. 2008/0164822 A1)
With regards to claim 6, Castagna modified teach the optical gas sensor device of claim 1, which includes a processor-controlled source operation, detector voltage processing, and gas concentration calculation from ON/OFF differential detection, as already noted in the rejection of claim 1.
Castagna modified fails to expressly disclose determining a source failure using both (i) a low optical difference value and (ii) a voltage applied to the light source being at or above a threshold.
Serebryanov teaches the missing voltage/failure logic:
Serebryanov teaches detecting lamp failure by applying a failure detection method to voltage-drop values measured across each lamp, wherein data acquisition device 108 may include any suitable circuitry and a controller 110 may include any suitable components, such as a central processing unit (CPU) 104, memory 105, and support circuits (I/O) 106 (Serebryanov Abstract; [0030]–[0033]; Fig. 5).
Serebryanov also teaches a controller applying voltage values to conditionals and thresholds to determine whether a lamp is in a failure state (Serebryanov [0044]–[0048], [0055]; Figs. 8A–8E).
Serebryanov further teaches detecting open/partial-short states and using threshold relationships such as zero voltage drops or voltage-drop differences greater than a threshold amount (Serebryanov [0036]–[0040], claims 1, 3–4, 17, 19).
In view of the utility, to improve the sensing device by including determining configurations to determine any negative effects, failure or reduction in system elements or parts, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Castagna to include the teachings such as that taught by Serebryanov to add a voltage-threshold failure check to the Castagna + Ito optical gas sensor because a low ON/OFF optical difference can be caused either by gas/background conditions or by a source that is commanded but not emitting properly. Checking the applied source voltage while the optical difference is low is a predictable diagnostic improvement that distinguishes source failure from normal gas measurement.
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 DJURA MALEVIC whose telephone number is (571)272-5975. The examiner can normally be reached M-F (9-5).
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/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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