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 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, 3-5, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (U.S. 2014/0253922) in view of Jallon (U.S. 2024/0085314).
Regarding claim 1:
Liu discloses A method for calibrating a photonic sensor, comprising:
collecting a plurality of concentration measurements with the photonic sensor with a plurality of different reference gas mixtures ([0021]-[0022], reference absorption curves are obtained), wherein each reference gas mixture comprises a known species concentration ([0023], gas with known concentration);
implementing a parameter optimization routine to minimize deviations between the known species concentrations and the plurality of concentration measurements obtained by the photonic sensor ([0027], calibration states using samples).
However, Liu fails to disclose wherein the parameter optimization routine generates one or more calibration constants;
integrating the one or more calibration constants into a modified concentration formula; and storing the modified concentration formula in a memory.
Jallon teaches wherein the parameter optimization routine generates one or more calibration constants ([0081]-[0086], constants according to the Beer-Lambert relationship);
integrating the one or more calibration constants into a modified concentration formula ([0081]-[0086], integration of constants); and
storing the modified concentration formula in a memory ([0059], function stored).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Liu with the integration of constants taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 3:
The combination of Liu and Jallon discloses the method of claim 1, wherein the one or more calibration constants comprises a coefficient (Jallon; [0081]-[0086], coefficient is a constant).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Liu with the constants taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 4:
The combination of Liu and Jallon discloses the method of claim 1, wherein the one or more calibration constants comprise an exponent (Jallon; [0081]-[0086], exponent constant).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Liu with the constants taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 5:
The combination of Liu and Jallon discloses the method of claim 1, wherein the modified concentration formula provides a linearization of a relationship between the concentration measurements and the known species concentration (Jallon; [0158], linearization using a linear model).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Liu with the constants taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 8:
The combination of Liu and Jallon discloses the method of claim 1, wherein the plurality of concentration measurements are made over one or more of a temperature range (Jallon; [0026], measurements made over different ambient temperatures), a concentration range, or a pressure range.
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Liu with the temperature range taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 10:
The combination of Liu and Jallon discloses the method of claim 1, wherein the photonic sensor is a non-dispersive optical sensor that operates with electromagnetic radiation with a wavelength from ultraviolet to infrared (Jallon; [0077]-[0078], ultraviolet to infrared).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Liu with the sensor taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (U.S. 2014/0253922) in view of Jallon (U.S. 2024/0085314) as applied to claim 1 above, and further in view of Slijkerman (U.S. 5,854,820).
Regarding claim 2:
The combination of Liu and Jallon discloses the method of claim 1
However, the combination of Liu and Jallon fails to disclose wherein the parameter optimization routine comprises a Chi-square minimization.
Slijkerman teaches wherein the parameter optimization routine comprises a Chi-square minimization (Col. 5, lines 40-60, Chi-square minimization).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Liu with the Chi-square minimization taught by Slijkerman in order to improve measurement precision by simplifying the calibration procedures (Slijkerman; Col. 1, lines 64-67). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claims 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Jallon (U.S. 2024/0085314) in view of Stark (U.S. 2023/0114548).
Regarding claim 11:
Jallon discloses an apparatus, comprising:
a gas cell-body ([0072], gas located in an internal space) with a first end (Fig. 1A, 10 having one) and a second end (Fig. 1A, 10 having a second end);
a light source (Fig. 1A, 11) coupled to the first end of the gas cell-body (Fig. 1A, 11 located on one side), wherein the light source is configured to propagate electromagnetic radiation through the gas cell-body ([0072], light source emits light beam);
a photonic detector (Fig. 1A, 20) coupled to the second end of the gas cell-body (Fig. 1A, 20 located at the opposite end of where 11 is located);
a controller (Fig. 1A, 30) coupled to the photonic detector (Fig. 1A, 30 attached to detector 20), wherein a processor of the controller is configured to convert intensity signals from the photonic detector into species concentrations through a use of a modified concentration formula ([0174], concentration is determined using calibration function);
a temperature sensor ([0060], temperature sensor) configured to measure a temperature of gas that flows through the gas cell-body ([0060], temperature sensor detects ambient temperature);
However, Jallon fails to disclose a housing around the gas cell-body that is temperature controlled, wherein the photonic detector is outside the housing; a temperature sensor configured to measure a temperature of gas that flows through the gas cell-body; and a pressure sensor configured to measure a pressure within the gas cell-body.
Stark teaches a housing around the gas cell-body that is temperature controlled ([0049], temperature control), wherein the photonic detector is outside the housing (Fig. 1, 2 is found outside of the housing);
a pressure sensor ([00136], pressure sensor) configured to measure a pressure within the gas cell-body.
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Jallon with the temperature controlled environment and the pressure sensor taught by Stark to improve gas concentration determination by improving thermal conduction (Stark; [0030]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 12:
The combination of Jallon and Stark discloses the apparatus of claim 11, wherein the modified concentration formula comprises one or more calibration constants (Jallon; [0081]-[0086], constants).
Regarding claim 13:
The combination of Jallon and Stark discloses the apparatus of claim 12, wherein the one or more calibration constants comprise one or both of a coefficient (Jallon; [0081]-[0086], coefficient is a constant) or an exponent (Jallon; [0081]-[0086], exponent constant).
Regarding claim 14:
The combination of Jallon and Stark discloses the apparatus of claim 11, wherein the modified concentration formula is stored in the controller (Jallon; [0059], function stored)as part of one or more of a hardware component (Jallon; [0099], memory), a firmware component, or a software component.
Regarding claim 15:
The combination of Jallon and Stark discloses the apparatus of claim 11, wherein the photonic detector is an infrared photo-detector (Jallon; [0077]-[0078], ultraviolet to infrared) or an ultraviolet photo-detector (Jallon; [0077]-[0078], ultraviolet to infrared).
Regarding claim 17:
The combination of Jallon and Stark discloses the apparatus of claim 11, wherein the apparatus is a non-dispersive infrared (NDIR) sensor or a non-dispersive ultraviolet (NDUV) sensor (Jallon; [0077]-[0078], ultraviolet to infrared).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Jallon (U.S. 2024/0085314) in view of Stark (U.S. 2023/0114548) as applied to claim 11 above, and further in view of Zafar (U.S. 2022/328285).
Regarding claim 16:
The combination of Jallon and Stark discloses the apparatus of claim 11.
However, the combination of Jallon and Stark fails to disclose further comprising: an inlet proximate to the first end the gas cell-body for flowing the gas into the gas cell-body, wherein the inlet is fluidically coupled to an ampoule; and an outlet proximate to the second end of the gas cell-body for flowing the gas out of the gas cell-body, wherein the outlet is fluidically coupled to a processing chamber.
Zafar teaches an inlet (Fig. 1, 126) proximate to the first end the gas cell-body (Fig. 1, 112, chamber) for flowing the gas into the gas cell-body, wherein the inlet is fluidically coupled to an ampoule (Fig. 2, gas lines 203 and 214 are connected to 202); and
an outlet (Fig. 1, pump 118) proximate to the second end of the gas cell-body for flowing the gas out of the gas cell-body ([0019], pumping out gas), wherein the outlet is fluidically coupled to a processing chamber (Fig. 1, 118 attached to 112).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Jallon with the inlet and outlet taught by Zafar in order to improve measurement accuracy by reducing the effect of noise (Zafar; [0036]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zafar (U.S. 2022/328285) in view of Jallon (U.S. 2024/0085314).
Regarding claim 18:
Zafar discloses a method of measuring a concentration of a species in a gas, comprising:
flowing the gas from an ampoule to a chamber ([0025], moving gas from ampoule to chamber);
measuring an intensity signal of the species in the gas with a photonic sensor between the ampoule and the chamber ([0029], measuring concentration in a gas); and
converting the intensity signal into the concentration of the species([0029], measuring concentration in a gas).
However, Zafar fails to disclose converting the intensity signal into the concentration of the species through an application of a modified concentration formula that comprises one or more calibration constants.
Jallon teaches converting the intensity signal into the concentration of the species through an application of a modified concentration formula that comprises one or more calibration constants ([0174], concentration is determined using calibration function).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Zafar with the calibration taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 19:
The combination of Zafar and Jallon discloses the method of claim 18, wherein the photonic sensor is a non-dispersive infrared optical sensor that operates with electromagnetic radiation with a wavelength from infrared to ultraviolet (Jallon; [0077]-[0078], ultraviolet to infrared).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Zafar with the calibration taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 20:
The combination of Zafar and Jallon discloses the method of claim 18, wherein the modified concentration formula is a result of a parameter optimization (Jallon; [0158], linearization using a linear model).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Zafar with the calibration taught by Jallon in order to improve measurement precision by reducing the effects of errors in measurement (Jallon; [0006] and [0064]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 6-7 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior arts are Liu (U.S. 2014/0253922) and Jallon (U.S. 2024/0085314).
Regarding claim 6:
The combination of Liu and Jallon discloses the method of claim 5.
However, the combination of Liu and Jallon fails to disclose wherein the relationship is approximately 1:1 with a deviation of up to 0.05%.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim. Claim 7 is allowable by virtue of its dependency.
Regarding claim 9:
The combination of Liu and Jallon discloses the method of claim 8.
However, the combination of Liu and Jallon fails to disclose wherein the temperature range is between 20°C and 120°C and the pressure range is between 50 Torr and 150 Torr.
. Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm.
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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
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