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 Objections
Claims 21 and 50 are objected to because of the following informalities: the claim recites “the first printed circuit board” in lines 2-3. There is insufficient antecedent basis for the term. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 7-9, and 11-21 are rejected under 35 U.S.C. 103 as being unpatentable over Iida (US 2006/0292039 A1), and further in view of Battrell et al. (US 2018/0292319 A1), hereinafter “Battrell”.
Regarding claim 1, Iida teaches a spectrophotometer (abstract, Figs. 5-7) comprising:
a first board (Fig. 6, top of ref 127, paragraph [0085]);
a second board (Fig. 6, bottom of ref 127, paragraph [0085]);
a cavity disposed between the first board and the second board (as shown in Figs. 5-7, paragraphs [0119]-[0122]), wherein the cavity is configured to receive a sample cartridge (ref 101, paragraph [0094]) disposed therein with one or more sample wells in fluid communication with one or more sample channels formed therein (ref 109, as shown in Fig. 3, paragraphs [0094]-[0095]);
one or more integrated photodiode modules disposed on the first board (refs 249a,b, paragraphs [0119]-[0120]); and
a first set of one or more light sources disposed on the second board (refs 247a,b, paragraphs [0119]-[0120]), wherein the first set of one or more light sources are configured to direct light towards the one or more integrated photodiode modules through the one or more sample wells when the sample cartridge is disposed in the cavity (as shown in Figs. 5-7, paragraphs [0119]-[0121]).
Iida is silent regarding a first printed circuit board and second printed circuit board; one or more integrated photodiode modules disposed on the first printed circuit board; and a first set of one or more light sources disposed on the second printed circuit board.
However, Battrell teaches an optical detection device, (abstract, Fig. 23) including a first printed circuit board and second printed circuit board; one or more integrated photodiode modules disposed on the first printed circuit board; and a first set of one or more light sources disposed on the second printed circuit board (PCB, refs 1301, with LEDs ref 1311, 1331, "photodetection components are mounted on the sensor PCB (1302)” paragraph [0144]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Battrell by including first printed circuit board and second printed circuit board; one or more integrated photodiode modules disposed on the first printed circuit board; and a first set of one or more light sources disposed on the second printed circuit board in order to build a compact device, attaching the diodes directly on the PCB, and allowing proper alignment for the diodes and the sample wells.
Regarding claim 2, Iida teaches wherein the one or more integrated photodiode modules and/or the first set of one or more light sources are board mounted (as shown in Fig 6, paragraph [0119]).
Regarding claim 3, Iida teaches wherein the first set of one or more light sources are configured to emit light having a wavelength of greater than or equal to 300 nm and less than or equal to 700 nm (paragraph [0115]).
Regarding claim 4, Iida teaches wherein the one or more integrated photodiode modules are configured to sense light having a wavelength of greater than or equal to 300 and less than or equal to 700 nm (paragraph [0245]).
Regarding claim 7, Iida teaches wherein the first set of one or more light sources are configured to emit light having a wavelength of greater than or equal to 390 nm and less than or equal to 400 nm (paragraph [0115]).
Regarding claim 8, Iida teaches a second set of one or more light sources disposed on the second printed circuit board (Fig. 5, refs 133b); and one or more light sensors disposed on the first printed circuit board and configured to sense light emitted from the second set of one or more light sources (ref 135b, paragraph [0115]).
Regarding claim 9, Iida is silent regarding further comprising a driver disposed on the second circuit board, and wherein the driver is operatively coupled to the first set of one or more light sources and the second set of one or more light sources.
However, Battrell teaches a driver disposed on the second circuit board, and wherein the driver is operatively coupled to the first set of one or more light sources and the second set of one or more light sources (paragraph [0170].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Battrell by including a driver disposed on the second circuit board, and wherein the driver is operatively coupled to the first set of one or more light sources and the second set of one or more light sources in order to produce a quiet output from the sensors and enable higher amplification.
Regarding claim 11, Iida is silent regarding wherein the one or more light sensors are one or more infrared light sensors.
However, Battrell teaches wherein the one or more light sensors are one or more infrared light sensors (paragraph [0169]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Battrell by including wherein the one or more light sensors are one or more infrared light sensors in order to detect specific fluorescence dyes.
Regarding claim 12, Iida teaches wherein the second set of one or more light sources and the one or more light sensors are configured to sense a fluid in the one or more sample channels at a location upstream from the one or more sample wells when the sample cartridge is disposed in the cavity (as shown in Fig. 3, detection units 113, 115, channel 109).
Regarding claim 13, Iida is silent regarding wherein the second set of one or more light sources includes a plurality of light sources.
However, Battrell teaches wherein the second set of one or more light sources includes a plurality of light sources (paragraph [0171]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Battrell by including wherein the second set of one or more light sources includes a plurality of light sources in order to match the source wavelength to the desired fluorophore (paragraph [0194]).
Regarding claim 14, Iida is silent regarding wherein the one or more light sensors is a plurality of light sensors.
However, Battrell teaches wherein the one or more light sensors is a plurality of light sensors (paragraph [0171]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Battrell by including wherein the one or more light sensors is a plurality of light sensors in order to match the source wavelength to the desired fluorophore (paragraph [0194]).
Regarding claim 15, Iida is silent regarding wherein the second set of one or more light sources are configured to emit light having a wavelength of greater than or equal to 900 nm and less than or equal to 1000 nm.
However, Battrell teaches excitation spectrum in the near infrared spectrum (paragraph [0169]).
The Examiner takes Official Notice that It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the second set of one or more light sources are configured to emit light having a wavelength of greater than or equal to 900 nm and less than or equal to 1000 nm as these wavelengths are in the near infrared spectrum. One would choose the claimed range for the sources in order to detect specific fluorescence dyes
Regarding claim 16, Iida teaches wherein the first set of one or more light sources is a plurality of light sources (refs 133a, 133b, paragraph [0114]).
Regarding claim 17, Iida teaches wherein the one or more integrated photodiode modules is a plurality of integrated photodiode modules (refs 133a, 133b paragraph [0114]).
Regarding claim 18, Iida teaches further comprising one or more communication devices disposed on the first board (paragraph [0276]). Battrell teaches the printed circuit board, supra.
Regarding claim 19, Iida is silent regarding further comprising a heater, a heater block in thermal communication with the heater, and one or more temperature sensors disposed on the first printed circuit board and/or the second printed circuit board, wherein the cavity is formed in the heater block and the heater block is disposed between the first and second printed circuit boards, and wherein the one or more temperature sensors are compressed against one or more surfaces of the heater block.
However, Battrell teaches further comprising a heater (ref 340, paragraph [0094]), a heater block in thermal communication with the heater (ref 341), and one or more temperature sensors disposed on the first printed circuit board and/or the second printed circuit board (paragraphs [0089], [0151]-[0154]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Battrell by including further comprising a heater, a heater block in thermal communication with the heater, and one or more temperature sensors disposed on the first printed circuit board and/or the second printed circuit board, wherein the cavity is formed in the heater block and the heater block is disposed between the first and second printed circuit boards, and wherein the one or more temperature sensors are compressed against one or more surfaces of the heater block in order to improve accuracy of the temperature measurements.
Furthermore, it has been held that the particular placement of an element in a measuring device was held to be an obvious matter of design choice. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the cavity is formed in the heater block and the heater block is disposed between the first and second printed circuit boards, and wherein the one or more temperature sensors are compressed against one or more surfaces of the heater block as compressing the senor against the surface will enable more accurate temperature measurements.
Regarding claim 20, Iida teaches further comprising the sample cartridge disposed in the cavity (ref 101, paragraph [0084]).
Regarding claim 21, Iida teaches a method for performing spectrophotometry on a sample (abstract, Figs. 5-7), the method comprising:
inserting a sample cartridge (Fig. 6, ref 101, paragraph [0094]) into a cavity disposed between the first board and a second board (top and bottom of ref 127, paragraph [0085]);
aligning one or more sample wells of the sample cartridge between one or more integrated photodiode modules (refs 249a,b, paragraphs [0119]-[0120]) disposed on the first board and a first set of one or more light sources (refs 247a,b, paragraphs [0119]-[0120]) disposed on the second board (as shown in Figs. 3 and 7, paragraphs [0121]-[0122]);
transmitting light from the first set of one or more light sources to the one or more integrated photodiode modules through the one or more sample wells (as shown in Figs. 5-7, paragraphs [0119]-[0121]);
sensing the transmitted light with the one or more integrated photodiode modules (paragraph [0131]); and
determining one or more sample parameters based on the sensed transmitted light (paragraph [0137]]).
Iida is silent regarding first printed circuit board and second printed circuit board; one or more integrated photodiode modules disposed on the first printed circuit board; and a first set of one or more light sources disposed on the second printed circuit board.
However, Battrell teaches an optical detection device, (abstract, Fig. 23) including a first printed circuit board and second printed circuit board; one or more integrated photodiode modules disposed on the first printed circuit board; and a first set of one or more light sources disposed on the second printed circuit board (PCB, refs 1301, with LEDs ref 1311, 1331, "photodetection components are mounted on the sensor PCB (1302)” paragraph [0144] )
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Iida with the teaching of Battrell by including first printed circuit board and second printed circuit board; one or more integrated photodiode modules disposed on the first printed circuit board; and a first set of one or more light sources disposed on the second printed circuit board in order to build a compact device, attaching the diodes directly on the PCB, and allowing proper alignment for the diodes and the sample wells.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Iida and Battrell as applied to claim 1 above, and further in view of Decamp et al. (US 20070152154 A1), hereinafter “Decamp”.
Regarding claim 5, Iida is silent regarding wherein the one or more integrated photodiode modules are configured to output a signal having a resolution of greater than or equal to 12 bits and less than or equal to 18 bits.
However, Decamp teaches a spectroscopy device (abstract) wherein the one or more integrated photodiode modules are configured to output a signal having a resolution of greater than or equal to 12 bits and less than or equal to 18 bits (paragraph [0096]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Kuderer by including wherein the one or more integrated photodiode modules are configured to output a signal having a resolution of greater than or equal to 12 bits and less than or equal to 18 bits in order to have a more accurate measurement.
Regarding claim 6, Iida is silent regarding wherein the one or more integrated photodiode modules are configured to output a signal having a resolution of 16 bits.
However, Kuderer teaches a spectrophotometer device (abstract) wherein the one or more integrated photodiode modules are configured to output a signal having a resolution of 16 bits (paragraph [0096]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Kuderer by including wherein the one or more integrated photodiode modules are configured to output a signal having a resolution of greater than or equal to 12 bits and less than or equal to 18 bits in order to have a more accurate measurement in order to have a more accurate measurement.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Iida and Battrell as applied to claims 1 and 8 above, and further in view of Maharbiz et al. (US 2023/0095948 A1), hereinafter “Maharbiz”.
Regarding claim 10, Iida is silent regarding wherein a frequency of the first and/or second set of one or more light sources is greater than or equal to 10 kHz and less than or equal to 200 kHz, and wherein a sampling rate of the one or more integrated photodiodes and/or one or more light sensors is greater than or equal to 10 Hz and less than or equal to 1 kHz.
However, Maharbiz teaches a spectrophotometer device (abstract) wherein a frequency of the first and/or second set of one or more light sources is greater than or equal to 10 kHz and less than or equal to 200 kHz (paragraph [0104], [0112]), and wherein a sampling rate of the one or more integrated photodiodes and/or one or more light sensors is greater than or equal to 10 Hz and less than or equal to 1 kHz (paragraph [0121]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iida with the teaching of Maharbiz by including wherein a frequency of the first and/or second set of one or more light sources is greater than or equal to 10 kHz and less than or equal to 200 kHz, and wherein a sampling rate of the one or more integrated photodiodes and/or one or more light sensors is greater than or equal to 10 Hz and less than or equal to 1 kHz in order to have a more accurate measurement in order to have a more accurate measurement.
Claim 50 is rejected under 35 U.S.C. 103 as being unpatentable over Battrell et al. (US 2018/0292319 A1), hereinafter “Battrell”, and further in view of Iida (US 2006/0292039 A1).
Regarding claim 50, Battrell teaches a method for performing spectrophotometry on a sample (abstract, Figs. 3-7, paragraph [0079]), the method comprising:
inserting a sample cartridge (Fig. 4A, ref 200) into a cavity disposed within a heater block (ref 341);
a first printed circuit board (PCB, refs 1301; paragraph [0144]) and a second printed circuit board (ref 1302; paragraph [0144]);
heating the heater block using a heater that is thermally coupled to the heater block (ref 340, paragraph [0094]);
sensing a temperature of the heater block with a first temperature sensor disposed on the first printed circuit board (paragraphs [0089], [0151]-[0154]).
Battrell is silent regarding inserting a sample cartridge into a cavity disposed between the first board and a second board, the first temperature sensor and compressed against a first surface of the heater block, and a second temperature sensor disposed on the second printed circuit board and compressed against a second surface of the heater block opposite from the first surface.
However, Iida teaches a method for performing spectrophotometry on a sample (abstract, Figs. 5-7), including inserting a sample cartridge (Fig. 6, ref 101, paragraph [0094]) into a cavity disposed between the first board and a second board (top and bottom of ref 127, paragraph [0085]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Battrell with the teaching of Iida by including inserting a sample cartridge into a cavity disposed between the first board and a second board in order to perform analysis via an alternate configuration and monitor the temperature on both sides of the cartridge.
Furthermore, it has been held that the particular placement of an element in a measuring device was held to be an obvious matter of design choice. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the first temperature sensor and compressed against a first surface of the heater block, and a second temperature sensor disposed on the second printed circuit board and compressed against a second surface of the heater block opposite from the first surface as compressing the senor against the surface will enable more accurate temperature measurements, and having a second sensor will allow temperature measurement on both sides of the cavity, giving a more accurate measurement of the cartridge.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kuderer et al. (US 5303027 A), teaches a spectrophotometer device with 16-bit resolution and could be combined with other prior art to render obvious claims 5-6.
Chitty (WO1995017663A1) teaches a Spectrophotometer on a printed circuit board and could be combined with prior art of record to render at least claim 1 obvious.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC J BOLOGNA whose telephone number is (571)272-9282. The examiner can normally be reached Monday - Friday 7:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara E Geisel can be reached at (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINIC J BOLOGNA/Primary Examiner, Art Unit 2877