DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 6-9 are rejected under 35 U.S.C. 102(a1).
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/01/2026 has been entered.
Response to Arguments
Applicant's arguments filed 09/01/2026 have been fully considered but they are not persuasive.
Regarding the applicant’s arguments that the prior art fails to disclose a control device which makes an initial determination whether to conduct one or both of the infrared spectroscopic analysis and the LIBS analysis based on information on the component in the sample to be analyzed, the Examiner respectfully disagrees.
Attention is brought to paragraph 73 of Blouin, which explicitly discloses a “sampling strategy” as being dependent upon “the sample characteristics”. Further, paragraph 68 also explicitly discloses “performing both measurements at a first location, …, and then performing both measurements at the new location, this sequence being repeated for each new location”. Blouin also explicitly discloses at paragraph 100, wherein the “dual LIBS and laser based IR spectroscopy measurements are often necessary to fully determine the constituents of a sample at the elemental and the molecular levels”.
Therefore, the prior art is understood to explicitly disclose a predetermined “sampling strategy”, which may be based upon “the sample characteristics”, to perform both IR and LIBS measurements at each measurement spot on the sample, with the motivation to “fully determine the constituents of a sample at the elemental and the molecular levels”.
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 6-9 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.
The claims contain a conditional statement through the use of the term “when”. The use of this term renders the claim indefinite, as it is not clear to the examiner whether the limitation following the use of the term is actually performed, or whether it is merely a possibility. The use of the above term imparts uncertainty into the claims because it does not clearly and positively recite the applicant’s invention. Due to the term, the claims recite assumptions and vary degrees of dependence, as well as limitations that may only occur “when” or “if” something else occurs. Appropriate correction is required.
Specifically, the claims recite “a control device” which “determines whether to conduct one or both” of the measurements. However, the claims subsequently only define the invention “when the control device determines to conduct both” of the measurements. The invention is not defined for the instance “when” the controller determines to conduct only one measurement.
Claim Objections
Claims 6-9 are objected to because of the following informalities:
The claims recite the acronym “LIBS” however, the term is not clearly defined within the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 6-9 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Publication 2010/0182795 to Blouin et al.
In regards to claims 6-9, Blouin discloses and shows in Figures 1-7, a composite analysis apparatus and method comprising:
a sample holder (22) on which a sample is set (par. 41, 71, 82);
an infrared light source (30) that generates infrared rays to be emitted to the sample (par. 56-58, 84-85);
a detector (40) that detects infrared rays that come from the sample as a result of irradiation with infrared rays from the infrared light source (par. 89);
a laser light source (46) that generates laser beams to be emitted to the sample (par. 92);
a spectroscope (48) that separates emission lines generated at the sample as a result of irradiation with laser beams (par. 93); and
a control device (60, 62) (par. 43, 68, 98) determines whether to conduct one or both of an infrared spectroscopic analysis and a LIBS analysis based on information on a component in the sample to be analyzed (par. 71, 73, 75, 100; wherein a “sampling strategy” may be based upon “the sample characteristics”; and the sampling strategy may include “the number of measurements for each method”; further the dual IR spectroscopy and LIBS measurements “are often necessary to fully determine the constituents of a sample at the element and the molecular levels”);
wherein the control device:
obtains first analysis data and second analysis data, the first analysis data being obtained by infrared spectroscopic analysis of infrared rays that come from the sample (par. 16-17, 23, 26, 36, 75; wherein IR spectroscopy and LIBS measurements are performed on a plurality of measurement spots), the second analysis data being obtained by LIBS analysis of emission lines generated at the sample (par. 2-3, 24, 37, 75; wherein IR spectroscopy and LIBS measurements are performed on a plurality of measurement spots), and
identifies a component in the sample based on the first analysis data and the second analysis data (par. 2-3, 21, 31, 68; wherein the system is utilized to determine elemental and molecular composition of a sample), and
the control device has the sample irradiated with infrared rays before the sample is irradiated with laser beams (par. 68);
further comprising determining whether to perform one or both of the conducting the infrared spectroscopic analysis and the conducting the LIBS analysis based on information on a component in the sample to be analyzed (par. 68, 75, 77; wherein the measurements may be sequentially performed for each measurement spot; the system may determine only IR spectroscopy at various locations and only perform LIBS at locations where the IR measurements indicate the presence of elements to be characterized; further, the system may perform only IR spectroscopy for all locations and subsequently all LIBS measurements for all of the locations; wherein “manual identification” may be utilized; and wherein “one may decide to perform” each of the measurements again to validate the previous measurements);
[claim 7] wherein the composite analysis apparatus further includes a plurality of mirrors (36, 38, 44, 52, 56), the conducting the infrared spectroscopic analysis further includes arranging the plurality of mirrors at a first position or a second position (par. 67, 83, 91; wherein mirrors 32, 38 and 44 are arranged at a first position within the IR module 26; further any number of known optics may be utilized obtain a desired beam path),
the conducting the LIBS analysis further includes arranging the plurality of mirrors at a second position different from the first position (par. 67, 83, 93-94; wherein mirrors 52, 56 are arranged at a second position within the LIBS module 28; further any number of known optics may be utilized to obtain a desired beam path),
when the plurality of mirrors are arranged at the first position, a first optical path is formed, in the first optical path, infrared rays generated from the infrared light source are incident on the specific position and infrared rays that come from the specific position are incident on a detector (par. 67, 81, 83, 91, 96; wherein the optics of the IR module provide a first beam path; and any number of known optics may be utilized to obtain the desired path),
when the plurality of mirrors are arranged at the second position, a second optical path is formed, and in the second optical path, laser beams generated from the laser light source are incident on the specific position and emission lines generated at the specific position are incident on a spectroscope (par. 67, 81, 83, 93-94, 96; wherein the optics of the LIBS module provide a second beam path; and any number of known optics may be utilized to obtain the desired path);
[claim 8] wherein the information on the component is user-inputted information (par. 2-3, 21, 31, 77, 68; wherein the system is utilized to determine elemental and molecular composition of a sample; wherein “manual identification” may be utilized; and wherein “one may decide to perform” each of the measurements again to validate the previous measurements);
[claim 9] wherein the infrared spectroscopic analysis includes conducting infrared spectroscopic analysis of reflected light from the sample or conducting infrared spectroscopic analysis of transmitted light from the sample (Figure 1a-c) (par. 31, 56-57, 68, 78).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at 571-270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877
