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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 28 July 2023. It is noted, however, that applicant has not filed a certified copy of the 2023-123851 application as required by 37 CFR 1.55.
Specification
The disclosure is objected to because it (e.g., paragraph 39) contains an embedded hyperlink and/or other form of browser-executable code. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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 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.
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 at the time any inventions covered therein were effectively filed 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 at the time a later invention was effectively filed 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.
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) 1-10 is/are rejected under U.S.C. 102(a)(1) as being anticipated by Kessler et al. (US 2006/0208191).
In regard to claim 1, Kessler et al. disclose a measurement apparatus comprising:
(a) a vaporization chamber in which a sample containing a target component is placed (e.g., see “… first chamber 14 is a drying chamber accommodating a product solvated in a solvent … vapor of the solvent sublimating or evaporating from the product. The solvent can be water or an organic solvent, such as methanol, ethanol, methylene chloride, or other solvents …” in Fig. 1 and paragraph 35);
(b) a measurement chamber spatially connected to the vaporization chamber, the measurement chamber configured to form enclosed space integrally with the vaporization chamber (e.g., see “… duct 22 includes a diagnostic region 30. The duct 22 defines a bore, through which a gas can flow when exiting the first chamber 14. The diagnostic region 30 can include an optical detection system (e.g., as shown in FIGS. 2, 4, 6, or 7) for measuring at least one parameter associated with the gas flowing through the bore of the duct 22 …” in Fig. 1 and paragraph 33);
(c) a light source configured to apply, to the measurement chamber, laser light whose wavelength varies (e.g., see “… optical detection system is a TDLAS system, e.g., a LyoScan tunable diode laser absorption spectrometers available from Physical Sciences Inc. (Andover, MA) …” in Fig. 1 and paragraph 40);
(d) a detector configured to detect the laser light that has been applied from the light source and has passed through the measurement chamber (e.g., see “… TDLAS sensors rely on spectroscopic principles and sensitive detection techniques to measure a trace gas. Gas molecules absorb energy at specific wavelengths in the electromagnetic spectrum. At wavelengths slightly different than these absorption lines, there is essentially no absorption. By (1) transmitting a beam of light through a gas sample containing a target gas, (2) tuning the beam's wavelength to an absorption feature of the target gas, and (3) accurately measuring the absorbance of the beam of light, the processor 26 can determine the concentration of target gas molecules integrated over the beam's path length, as well as other gas parameters …” in Fig. 1 and paragraph 40); and
(e) an arithmetic unit configured to calculate an amount of the target component contained in the sample by analyzing a light-receiving signal of the laser light detected by the detector, wherein the arithmetic unit is configured to acquire the amount of the target component, based on an integral value of a spectrum of absorbance of the laser light that is absorbed by the target component while the laser light passes through an interior of the measurement chamber (e.g., see “… processor 26 can determine the concentration of target gas molecules integrated over the beam's path length … TDLAS sensor is based upon the attenuation of the laser beam as it propagates through an absorbing medium. Near a resonant absorption feature of one of the gaseous constituents of interest, the absorption is described by Beer's Law: I107 = I0ωexp[-S(T)g(ω-ω0)NL] where I0,ω is the initial laser intensity, Iω is the intensity recorded' after traversing a pathlength, L across the measurement volume, S(T) is the temperature dependent absorption line strength, g(ω-ω0) is the spectral line shape function (which integrates to a value of 1 when the entire absorption lineshape is scanned and integrated for concentration measurements), and N is the number density of the target absorber …” in Fig. 1 and paragraphs 40 and 42).
In regard to claim 2 which is dependent on claim 1, Kessler et al. also disclose that the arithmetic unit is configured to acquire curve data by performing curve fitting of the spectrum of the absorbance of the laser light to a model equation (e.g., “… Beer's Law: I107 = I0ωexp[-S(T)g(ω-ω0)NL] …” in paragraph 42), and acquire the integral value of the spectrum based on the curve data (e.g., “… S(T) is the temperature dependent absorption line strength, g(ω-ω0) is the spectral line shape function (which integrates to a value of 1 when the entire absorption lineshape is scanned and integrated for concentration measurements …” in paragraph 42).
In regard to claim 3 which is dependent on claim 1, Kessler et al. also disclose that the light source is a wavelength tunable semiconductor laser configured to be able to vary the wavelength of the laser light to be output (e.g., “… optical detection system is a TDLAS system, e.g., a LyoScan tunable diode laser absorption spectrometers available from Physical Sciences Inc. (Andover, MA) …” in paragraph 40).
In regard to claim 4 which is dependent on claim 1, Kessler et al. also disclose that the light source is configured to apply, as the laser light, light whose wavelength varies periodically, and the arithmetic unit is configured to acquire the spectrum for each of a plurality of periods with which the wavelength of the laser light varies, and acquire the amount of the target component based on a plurality of the spectra (e.g., “… optical detection system is a TDLAS system, e.g., a LyoScan tunable diode laser absorption spectrometers available from Physical Sciences Inc. (Andover, MA) … High-sensitivity measurement of laser absorbance is accomplished by rapidly scanning the wavelength across the spectral line. This scanning is achieved by modulating the laser injection current, which typically provides up to 0.5 run of wavelength tuning. Wavelength scanning generates an amplitude-modulated signal at the detector-when the wavelength is tuned off the absorption line, the transmitted power is higher than when it is on the line. This periodic amplitude-modulated signal is distinguished from electronic and optical noise by using a phase-referenced detection technique such as lock-in amplification (frequency modulation spectroscopy) or by Balanced Ratiometric Detection (BRD), which can enable measurement of laser absorbance of less than ten parts per million (PPM) of many gas phase species …” in paragraphs 40 and 41).
In regard to claim 5 which is dependent on claim 1, Kessler et al. also disclose a heater configured to control temperature of the sample (e.g., “… Freeze-drying can be broken down into a number of discrete steps, including: … sublimation step, during which a controlled amount of thermal energy is applied to container(s) holding the product … desorption step, during which additional thermal energy is transferred to the product containers … the first chamber 14 and/ or the second chamber 18 can be components of, for example, a freeze-dryer …” in paragraphs 5 and 35), wherein the arithmetic unit is configured to output relational data indicating a correspondence between the temperature of the sample and the amount of the target component calculated by analyzing the light-receiving signal of the laser light (e.g., see “… FIG. 9 shows water vapor concentration and gas flow velocity temporal profiles measured by a TDLAS mass flux sensor … shelf temperature was manually raised (via a step increase) to the secondary drying set point, resulting in the rapid rise in the water vapor concentration and the rise in the velocity profile …” in Fig. 9 and paragraph 91).
In regard to claim 6, Kessler et al. disclose a measurement method by a measurement apparatus, the measurement method comprising:
(a) applying, by a light source to a measurement chamber, laser light whose wavelength varies, the measurement chamber being spatially connected to a vaporization chamber in which a sample containing a target component is placed, the measurement chamber configured to form enclosed space integrally with the vaporization chamber (e.g., see “… duct 22 includes a diagnostic region 30. The duct 22 defines a bore, through which a gas can flow when exiting the first chamber 14. The diagnostic region 30 can include an optical detection system (e.g., as shown in FIGS. 2, 4, 6, or 7) for measuring at least one parameter associated with the gas flowing through the bore of the duct 22 … first chamber 14 is a drying chamber accommodating a product solvated in a solvent … vapor of the solvent sublimating or evaporating from the product. The solvent can be water or an organic solvent, such as methanol, ethanol, methylene chloride, or other solvents … optical detection system is a TDLAS system, e.g., a LyoScan tunable diode laser absorption spectrometers available from Physical Sciences Inc. (Andover, MA) …” in Fig. 1 and paragraphs 33, 35, and 40);
(b) detecting, by a detector, the laser light that has been applied from the light source and has passed through the measurement chamber (e.g., see “… TDLAS sensors rely on spectroscopic principles and sensitive detection techniques to measure a trace gas. Gas molecules absorb energy at specific wavelengths in the electromagnetic spectrum. At wavelengths slightly different than these absorption lines, there is essentially no absorption. By (1) transmitting a beam of light through a gas sample containing a target gas, (2) tuning the beam's wavelength to an absorption feature of the target gas, and (3) accurately measuring the absorbance of the beam of light, the processor 26 can determine the concentration of target gas molecules integrated over the beam's path length, as well as other gas parameters …” in Fig. 1 and paragraph 40); and
(c) calculating, by an arithmetic unit, an amount of the target component contained in the sample by analyzing a light-receiving signal of the laser light detected by the detector, wherein the arithmetic unit is configured to acquire the amount of the target component, based on an integral value of a spectrum of absorbance of the laser light that is absorbed by the target component while the laser light passes through an interior of the measurement chamber (e.g., see “… processor 26 can determine the concentration of target gas molecules integrated over the beam's path length … TDLAS sensor is based upon the attenuation of the laser beam as it propagates through an absorbing medium. Near a resonant absorption feature of one of the gaseous constituents of interest, the absorption is described by Beer's Law: I107 = I0ωexp[-S(T)g(ω-ω0)NL] where I0,ω is the initial laser intensity, Iω is the intensity recorded' after traversing a pathlength, L across the measurement volume, S(T) is the temperature dependent absorption line strength, g(ω-ω0) is the spectral line shape function (which integrates to a value of 1 when the entire absorption lineshape is scanned and integrated for concentration measurements), and N is the number density of the target absorber …” in Fig. 1 and paragraphs 40 and 42).
In regard to claim 7 which is dependent on claim 6, Kessler et al. also disclose that the arithmetic unit is configured to acquire curve data by performing curve fitting of the spectrum of the absorbance of the laser light to a model equation (e.g., “… Beer's Law: I107 = I0ωexp[-S(T)g(ω-ω0)NL] …” in paragraph 42), and acquire the integral value of the spectrum based on the curve data (e.g., “… S(T) is the temperature dependent absorption line strength, g(ω-ω0) is the spectral line shape function (which integrates to a value of 1 when the entire absorption lineshape is scanned and integrated for concentration measurements …” in paragraph 42).
In regard to claim 8 which is dependent on claim 6, Kessler et al. also disclose that the light source is a wavelength tunable semiconductor laser configured to be able to vary the wavelength of the laser light to be output (e.g., “… optical detection system is a TDLAS system, e.g., a LyoScan tunable diode laser absorption spectrometers available from Physical Sciences Inc. (Andover, MA) …” in paragraph 40).
In regard to claim 9 which is dependent on claim 6, Kessler et al. also disclose that the light source is configured to apply, as the laser light, light whose wavelength varies periodically, and the arithmetic unit is configured to acquire the spectrum for each of a plurality of periods with which the wavelength of the laser light varies, and acquire the amount of the target component based on a plurality of the spectra (e.g., “… optical detection system is a TDLAS system, e.g., a LyoScan tunable diode laser absorption spectrometers available from Physical Sciences Inc. (Andover, MA) … High-sensitivity measurement of laser absorbance is accomplished by rapidly scanning the wavelength across the spectral line. This scanning is achieved by modulating the laser injection current, which typically provides up to 0.5 run of wavelength tuning. Wavelength scanning generates an amplitude-modulated signal at the detector-when the wavelength is tuned off the absorption line, the transmitted power is higher than when it is on the line. This periodic amplitude-modulated signal is distinguished from electronic and optical noise by using a phase-referenced detection technique such as lock-in amplification (frequency modulation spectroscopy) or by Balanced Ratiometric Detection (BRD), which can enable measurement of laser absorbance of less than ten parts per million (PPM) of many gas phase species …” in paragraphs 40 and 41).
In regard to claim 10 which is dependent on claim 6, Kessler et al. also disclose controlling, by a heater, temperature of the sample (e.g., “… Freeze-drying can be broken down into a number of discrete steps, including: … sublimation step, during which a controlled amount of thermal energy is applied to container(s) holding the product … desorption step, during which additional thermal energy is transferred to the product containers … the first chamber 14 and/ or the second chamber 18 can be components of, for example, a freeze-dryer …” in paragraphs 5 and 35), wherein the arithmetic unit is configured to output relational data indicating a correspondence between the temperature of the sample and the amount of the target component calculated by analyzing the light-receiving signal of the laser light (e.g., see “… FIG. 9 shows water vapor concentration and gas flow velocity temporal profiles measured by a TDLAS mass flux sensor … shelf temperature was manually raised (via a step increase) to the secondary drying set point, resulting in the rapid rise in the water vapor concentration and the rise in the velocity profile …” in Fig. 9 and paragraph 91).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2012/0212744 teaches TDLAS.
US 2020/0018645 teaches TDLAS.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shun Lee whose telephone number is (571)272-2439. The examiner can normally be reached Monday-Friday.
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, Uzma Alam can be reached at (571)272-3995. 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.
/SL/
Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884