CTFR 18/764,411 CTFR 83316 DETAILED ACTION 07-03-aia AIA 15-10-aia 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) 1-4 and 6-8 are rejected under 35 U.S.C. 102(a1). Response to Arguments 07-37 AIA Applicant's arguments filed 05/04/2026 have been fully considered but they are not persuasive. In regards to the applicant’s arguments that the prior art fails to disclose a control device which determines 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 68 of Blouin which explicitly discloses, wherein measurements of the infrared spectroscopy at a point on the sample are obtained and “the LIBS measurements may follow only for locations where the results of the infrared spectroscopy measurement or other analysis indicate the presence of elements to be characterized”. Further, paragraph 77 explicitly discloses the system and method for characterization of a material, wherein “manual identification” may be utilized, and wherein “one may decide to perform” each of the measurements again to validate the previous measurements. Therefore, the reference to Blouin is understood to explicitly disclose the system and method wherein a computer or a user may determine whether to conduct one or both of the measurements at a plurality of measurement spots . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1-4 and 6-8 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 1-4 and 6-8, 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 (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), 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 2] wherein the conducting the infrared spectroscopic analysis includes irradiating a specific position in the sample with infrared rays generated from an infrared light source, and the conducting the LIBS analysis includes irradiating the specific position with laser beams generated from a laser light source (par. 41, 54, 67-68); [claim 3 and 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 (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 4] wherein the conducting 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 (par. 68; wherein the measurements may be sequentially performed for each measurement spot in a reflective domain ) (Figures 1a-c); [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 ). Conclusion 07-40 AIA 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 JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. JONATHAN M. HANSEN Primary Examiner Art Unit 2877 /JONATHAN M HANSEN/Primary Examiner, Art Unit 2877 Application/Control Number: 18/764,411 Page 2 Art Unit: 2877 Application/Control Number: 18/764,411 Page 3 Art Unit: 2877 Application/Control Number: 18/764,411 Page 4 Art Unit: 2877 Application/Control Number: 18/764,411 Page 5 Art Unit: 2877 Application/Control Number: 18/764,411 Page 6 Art Unit: 2877 Application/Control Number: 18/764,411 Page 7 Art Unit: 2877
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