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 .
Response to Amendment
The amendment filed February 18, 2026 has been entered. Claims 1-20 remain pending.
Response to Arguments
Applicant’s arguments, see page 9 of Remarks filed February 18, 2026, with respect to the rejection of claims 1-13 under 35 U.S.C. been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bounaix (US20060119851A1), Gu ("Portable TDLAS Sensor for Online Monitoring of CO2 and H2O Using a Miniaturized Multi-Pass Cell" Sensors 23, no. 4: 2072. https://doi.org/10.3390/s23042072) and Ou ("Generalized design of simple, stable and compact nested multipass cells with a reentrant symmetric concentric circle pattern," Opt. Express 31, 4152-4163 (2023)), as evidenced by Dong ("Herriott Cell Design With Minimum Volume and Multiple Reflection Rings for Infrared Gas Sensing," in IEEE Photonics Technology Letters, vol. 31, no. 7, pp. 541-544, 1 April1, 2019, doi: 10.1109/LPT.2019.2901196).
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 (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 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.
Claims 1, 7, 17, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bounaix (US20060119851A1).
Regarding claim 1, Bounaix teaches a portable instrument for measuring gas concentration (paragraph [0004] discloses the intention of the device is to be portable) comprising:
a laser configured to provide a laser beam required for laser spectral absorption (14, Fig. 9);
an optical device comprising a gas absorption cell (paragraph [0027] discloses the device is a Herriott type cell, which is a gas absorption cell), the gas absorption cell comprises a first reflective mirror (44, Fig. 9), a second reflective mirror (46, Fig. 9) and a cell tube (10, Fig. 3), the first reflective mirror and the second reflective mirror are respectively connected to opposite ends of the cell tube (see Fig. 9 which depicts the first mirror on the left side of the tube and the second mirror on the right side of the tube), when the laser emits a laser beam (12A, Fig. 9), an optical path is formed between the first reflective mirror and the second reflective mirror within the cell tube (solid line going back and forth between the two mirrors in Fig. 9);
an electronic system (microprocessor (138) and various circuits (current generating -130, temperature selector -136, etc.) or electrical elements (resistor - 128, digital converter - 132) shown in Fig. 10);
a heat recovery device ('temperature regulating system' - 16, Figs. 8 and 10) configured to recycle heat generated by the electronic system to the optical device (abstract discloses that the gas sample passes through the temperature regulating system to control the temperature of the cell).
Regarding claim 7, Bounaix teaches the invention as explained above in claim 1, and further teaches the cell tube is provided with a heating element (118, Figs. 8 and 10).
Regarding claim 17, Bounaix teaches the invention as explained above in claim 1, and further teaches the heat recovery device is configured to collect heat generated by the electronic system (paragraph [0069] discloses the heat recovery device is in a heat relationship with a resistor, 128 in Fig. 10) and heat up gas inside the cell tube with the collected heat (paragraph [0029] discloses the heat sink is exposed to the sample gas and temperature adjustments are made).
Regarding claim 18, Bounaix teaches the invention as explained above in claim 17, and further teaches the electronic system comprises a circuit board or a thermoelectric cooler (paragraph [0070]); and
the heat recovery device is configured to collect heat generated by the circuit board or the thermoelectric cooler (paragraph [0029] discloses a Peltier element is in a heat conductive relationship with the heat recovery device; paragraph [0070] discloses the Peltier element may be a thermoelectric cooler).
Regarding claim 20, Bounaix teaches the invention as explained above in claim 7, and further teaches the heating element is configured to heat the control gas temperature in the cell tube if the recycled heat is insufficient (paragraph [0029] discloses the heat sink is exposed to the sample gas and temperature adjustments are made).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Bounaix (US 20060119851 A1) as applied to claim 1 above, and further in view of Huang (CN 212845007 U).
Regarding claim 2, Bounaix teaches the invention as explained above in claim 1, but fails to teach the heat recovery unit comprises a circulating water pipe, a section of the circulating water pipe is arranged adjacent to or in contact with the electronic system unit, and another section of the circulating water pipe is attached to or wound around the cell tube.
However, in the same field of endeavor of gas analyzer devices, Huang teaches a device which has a heat recovery unit (heating mechanism) which includes a water pipe that is wound around the outer wall of the cell tube (paragraph [n0021]) and is in contact with the electronic system (paragraph [n0023] discloses a microcontroller which communicates with the heating mechanism to control the temperature).
Huang discloses that controlling the stable temperature of the absorption cell is imperative in ensuring the accuracy of the gas measurement (paragraph [n0002]). Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Bounaix with the heat recovery unit that is wound around the absorption cell taught in Huang as it ensures the temperature of the absorption cell remains stable.
Claims 3, 5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bounaix (US 20060119851 A1) as applied to claim 1 above, and further in view of Lemay (US 20220311203 A1).
Regarding claim 3, Bounaix teaches the invention as explained above in claim 1, but fails to teach a closable carrier, wherein the optical unit, the laser unit, the electronic system unit and the heat recovery unit are all arranged in the closable carrier,
when the closable carrier is closed, the optical unit, the laser unit, the electronic system unit and the heat recovery unit are all in an enclosed space.
However, in the same field of endeavor of gas detection devices, Lemay teaches an electromagnetic gas spectrometer (which includes a gas absorption cell, controller, etc., paragraph [0115]) being enclosed in a closable and portable carrier (suitcase - paragraph [0117]).
Lemay discloses that a closable carrier allows the components of the gas spectrometer to be shielded (paragraph [0117]), therefore protecting them. Thus, it would be obvious for a person of ordinary skill in the art to combine the device of Bounaix with the closeable carrier taught in Lemay as it protects and shields the components of the gas spectrometer.
Regarding claim 5, Bounaix as modified by Lemay teaches the invention as explained above in claim 3, and further teaches enclosed space is a non-airtight space (Lemay: paragraph [0117] discloses the device is in a suitcase, which would not be airtight).
As discussed above, it would be obvious for a person of ordinary skill in the art to combine the device of Bounaix as modified by Lemay with the closeable carrier taught in Lemay as protects and shields the elements of the gas spectrometer (Lemay: paragraph [0117]).
Regarding claim 19, Bounaix as modified by Lemay teaches the invention as explained above in claim 3, and further teaches the closable carrier is a suit case (Lemay: paragraph [0117] discloses the device is in a suitcase).
As discussed above, it would be obvious for a person of ordinary skill in the art to combine the device of Liu as modified by Bounaix with the closeable carrier taught in Lemay as protects and shields the elements of the gas spectrometer.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bounaix (US 20060119851 A1) as modified by Lemay (US 20220311203) as applied to claim 3 above, and further in view of Aseev (EP 3974808 A1).
Regarding claim 4, Bounaix as modified by Lemay teaches the invention as explained above in claim 3, but fails to teach the closable carrier is a sealable carrier, and the enclosed space is an airtight space.
However, in the same field of endeavor of gas analyzer devices, Aseev teaches a device with a closable housing (paragraph [0047] discloses the housing has a lid) which is airtight (paragraph [0048] discloses the lid acts as an hermetical seal).
Aseev discloses that a housing that is airtight allows for the removal of unwanted elements, such as vapor or condensation, which can damage the laser or optical units (paragraph [0049]). Thus, a person of ordinary skill in the art prior to the effective filing date would find it obvious to combine the device of Bounaix as modified by Lemay with the airtight carrier taught in Aseev to ensure the components of the device are not damaged by the presence of unwanted vapor or condensation.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bounaix (US 20060119851 A1) as modified by Lemay (US 20220311203) as applied to claim 3 above, and further in view of Scherer (US 20190086333 A1) and Campbell (US 20090207567 A1).
Regarding claim 6, Bounaix as modified by Lemay teaches the invention as explained above in claim 3, and further teaches the closable carrier is provided with an air inlet and an air outlet (Lemay: Fig. 24 depicts the absorption cell having a gas input and output port. If the absorption cell is inside of the closable carrier, the carrier would also have an inlet and outlet port).
Lemay discloses that it is common for gas absorption cells to have an inlet and outlet (paragraph [0111]) to control the flow of gas (paragraph [0136]). Thus, it would be obvious for a person of ordinary skill prior to the effective filing date to combine the device of Bounaix as modified by Lemay with the air inlet and outlet taught in Lemay as they are common in the art to control the flow of gas in and out of the absorption cell.
Bounaix as modified by Lemay discloses a cooling fin at the air inlet and air outlet (Bounaix: paragraph [0029] discloses incoming gas is exposed to cooling fins, and paragraph [0074] discloses air passed out of the cell past cooling fins. The examiner is interpreting this to mean the cooling fins are at the inlet and outlet), but does not teach a cooling fan or a water cooling radiator arranged internally, the water cooling radiator is connected with the air inlet and the air outlet.
However, in the same field of endeavor of gas analyzation cells, Scherer teaches a gas cell which is cooled using a cooling fan (32, Fig. 1).
A fan is a well-known and widely used element in the art used to cool a desired object or area just as a cooling fin would do. A person having ordinary skill in the art would be able to do a simple substitution of the well-known cooling fin at the air inlet and outlet taught in Bounaix with the cooling fan taught in Scherer and obtain the predictable result of cooling the gas cell. Further, as discussed above, a common problem in Herriott cells is the temperature of the system affecting the frequency of the light source (Bounaix: paragraph [0028]). Thus, it would be obvious to a person having ordinary skill in the art to combine the cooling fan taught in Scherer with the placement of the cooling element at the inlet and outlet taught by Bounaix in order to control the temperature of the system by cooling and prevent unwanted effects to the light source.
Bounaix, as modified by Lemay and Scherer fails to teach a water cooling radiator is connected with the air inlet and the air outlet.
However, in the same endeavor of thermal management of a system, Campbell teaches a water cooling radiator ('liquid heat exchanger' - 420a and 420b, Fig. 10) at the inlet and outlet of the housing containing device being temperature controlled (Fig. 10 depicts the liquid heat exchanger at the inlet, 310, and outlet, 320, of the housing, 300).
As discussed above, Bounaix discloses that a common problem in Herriott cells is the temperature of the system affecting the frequency of the light source (paragraph [0028]). Campbell further discloses that using a water cooling radiator as a method of cooling has advantages over other cooling systems such as power use reduction and energy savings (paragraph [0072]). Thus, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the cooling mechanism of Bounaix and Scherer with the water cooling radiator taught in Campbell as it is a power and energy efficient way of cooling a system.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Bounaix (US 20060119851 A1) as applied to claim 1 above, and further in view of Gu ("Portable TDLAS Sensor for Online Monitoring of CO2 and H2O Using a Miniaturized Multi-Pass Cell" Sensors 23, no. 4: 2072. https://doi.org/10.3390/s23042072).
Regarding claim 8, Bounaix teaches the invention as explained above in claim 1, but fails to teach the laser is configured to provide at least two laser beams of different wavelengths;
when the laser emits at least two laser beams, at least two separate optical paths are formed between the first reflective mirror and the second reflective mirror within the cell tube.
However, in the same field of endeavor of portable gas absorption cells, Gu teaches an absorption cell which uses two lasers beams of different wavelengths (DFB laser 1 and DFB laser 2, Fig. 2; page 4, paragraph 2 discloses the lasers have two different wavelengths), which form two separate optical paths (red line and blue line, Fig. 2).
Gu discloses the two laser wavelengths enable the measurement of two different gases (page 3, paragraph 2; Fig. 3b and 3c also depicts the two lasers measuring two different gases), therefore increasing the applicability of the absorption cell. Thus, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the gas absorption cell of Bounaix with the two laser wavelengths and optical paths taught in Gu in order to improve the applicability of the absorption cell.
Regarding claim 9, Bounaix as modified by Gu teaches the invention as explained above in claim 8, and further teaches the laser includes a first laser (Gu: DFB laser 1, Fig. 2) and a second laser (Gu: DFB laser 2, Fig. 2),
the first laser is positioned adjacent to the first reflective mirror or the second reflective mirror and is capable of emitting a laser beam along one optical path into the cell tube (Gu: see Fig. 2),
the second laser is positioned adjacent to the first reflective mirror or the second reflective mirror and is capable of emitting a laser beam along another optical path into the cell tube (Gu: see Fig. 2).
As discussed above in claim 8, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the gas absorption cell of Bounaix as modified by Gu with the two lasers taught in Gu in order to improve the applicability of the absorption cell.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Bounaix (US 20060119851 A1) and Gu ("Portable TDLAS Sensor for Online Monitoring of CO2 and H2O Using a Miniaturized Multi-Pass Cell" Sensors 23, no. 4: 2072. https://doi.org/10.3390/s23042072) as applied to claim 9 above, and further in view of Ou ("Generalized design of simple, stable and compact nested multipass cells with a reentrant symmetric concentric circle pattern," Opt. Express 31, 4152-4163 (2023)), as evidenced by Dong ("Herriott Cell Design With Minimum Volume and Multiple Reflection Rings for Infrared Gas Sensing," in IEEE Photonics Technology Letters, vol. 31, no. 7, pp. 541-544, 1 April1, 2019, doi: 10.1109/LPT.2019.2901196).
Regarding claim 10, Bounaix as modified by Gu teaches the invention as explained above in claim 9, but fails to teach the first reflective mirror and the second reflective mirror are both provided with a first reflective portion and a second reflective portion distributed in concentric circles, the first reflective portion of the first reflective mirror and the first reflective portion of the second reflective mirror are composed of a plurality of first reflective points arranged in a ring, the second reflective portion of the first reflective mirror and the second reflective portion of the second reflective mirror are composed of a plurality of second reflective points arranged in a ring;
the first reflective portion of the first reflective mirror and the first reflective portion of the second reflective mirror are arranged correspondingly, the laser beam emitted by the first laser is reflected back and forth between the first reflective portion of the first reflective mirror and the first reflective portion of the second reflective mirror to form a first optical path;
the second reflective portion of the first reflective mirror and the second reflective portion of the second reflective mirror are arranged correspondingly, the laser beam emitted by the second laser is reflected back and forth between the second reflective portion of the first reflective mirror and the second reflective portion of the second reflective mirror to form a second optical path.
However, in the same field of endeavor of compact gas absorption cells, Ou teaches a gas absorption cell with two mirrors that are made up of a first and second reflective part, where the reflective parts are concentric (the abstract discloses the reflective parts as "nested"; Figs. 2 and 7 depicts the first reflective part R1, and second reflective part R2 as concentric) and are made up of a plurality of reflective points (see black and red dots, Fig. 3 or green dots in Fig. 8e-h). Further, the two reflected parts of the mirrors line up with each other (see Fig. 2), so the laser beam is reflected back and forth between the respective portions (see mirrored reflections in Fig. 2).
Dong discloses that concentric reflection mirrors enable a gas absorption cell to be miniaturized without affecting the optical path length (page 541, column 1 and 2, paragraphs 1 and 2; page 544, column 2, paragraph 2). Thus, it would be obvious for a person of ordinary skill in the art to combine the mirrors taught in Bounaix as modified by Gu with the mirrors with concentric reflective parts taught in Ou in order to miniaturize the cell without affecting optical path length.
Regarding claim 11, Bounaix as modified by Gu and Ou teaches the invention as explained above in claim 10, and further teaches the first reflective mirror or the second reflective mirror is provided with a first light entrance hole (Gu: see entrance DFB laser 1 takes, Fig. 2), and the first reflective mirror or the second reflective mirror is provided with a first light exit hole (Gu: see exit hole associated with PD1, Fig. 2),
the first reflective mirror or the second reflective mirror is provided with a second light entrance hole (Gu: see entrance DFB laser 2 takes, Fig. 2), and the first reflective mirror or the second reflective mirror is provided with a second light exit hole (Gu: see exit hole associated with PD2, Fig. 2),
the laser beam emitted by the first laser enters the cell tube from the first light entrance hole to form the first optical path and exits from the first light exit hole (Gu: see path of red line, Fig. 2),
the laser beam emitted by the second laser enters the cell tube from the second light entrance hole to form the second optical path and exits from the second light exit hole (Gu: see path of blue line, Fig. 2).
The two entrance and exit holes of Gu enable the two different lasers to be assigned to their own entrance and exit, which prevents unwanted signal mixing. Thus, a person of ordinary skill in the art would find it obvious to combine the mirrors taught in Bounaix as modified by Gu and Ou with the two entrance and exit holes taught in Gu in order to prevent unwanted signal mixing.
Regarding claim 12, Bounaix as modified by Gu as Ou teaches the invention as explained above in claim 11, and further teaches a first detector located on an optical path of the laser beam exiting from the first light exit hole (Gu: PD1, Fig. 2); and
a second detector located on an optical path of the laser beam exiting from the second light exit hole (Gu: PD2, Fig. 2).
The two detectors taught in Gu further prevent unwanted signal mixing. Thus, a person of ordinary skill in the art would find it obvious to combine the device taught in Bounaix as modified by Gu and Ou with the two detectors taught in Gu in order to prevent unwanted signal mixing.
Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Bounaix (US 20060119851 A1) as applied to claim 1 above, and further in view of Lou (CN 110618108 A).
Regarding claim 13, Bounaix teaches the invention as explained above in claim 1, but fails to teach further comprising a calibration unit, the calibration unit comprises an air pump and a pressure controller,
the air pump is connected to an interior space of the cell tube through a pipeline and can inflate or deflate the cell tube ,
the pressure controller is arranged on the pipeline and configured to control an air pressure inside the cell tube.
However, in the same field of endeavor of gas analyzer devices, Lou discloses a calibration unit ('pressure monitoring port' - paragraph [0010]) which comprises an air pump ('vacuum pump' - paragraph [0010]. A vacuum pump would deflate the cell tube), and a pressure controller ('pressure control port' - paragraph [0010]).
Bounaix discloses that Herriott cells are typically only configured to test gas samples of certain pressure ranges (Bounaix: paragraph [0079]), and Lou also discloses it is important to keep the pressure at the preset target value (Lou: paragraph [0025]). Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Bounaix with the air pump and pressure controller taught in Lou in order to keep the pressure of the cell in the workable range.
Regarding claim 14, Bounaix as modified by Lou teaches the invention as explained above in claim 13, and further teaches the pressure controller is maintain a stable pressure of the cell tube (Lou: paragraph [0050]); and
the air pump is configured to during normal operation, pump external air into or discharge air from the cell tube (Lou: paragraph [0010] discloses a vacuum pump; paragraph [0050] discloses the air may be discharged).
Lou discloses the gas pressure must be maintained during measurement (paragraph [0025]), as pressure is well-known to affect absorption measurements. Thus, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the calibration device of Bounaix as modified by Lou with the stable pressure requirement and air pump disclosed in Lou in order to keep absorption measurements consistent.
Regarding claim 15, Bounaix as modified by Lou teaches the invention as explained above in claim 13, and further teaches the pressure controller is configured to set a pressure of the cell tube (paragraph [0053] discloses the pressure controller is set to maintain the pressure to a set target value) to zero; and
the air pump is configured to vacuum the cell tube (Lou: paragraph [0010] discloses a vacuum pump).
As discussed above in claim 14, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the calibration device of Bounaix as modified by Lou with the stable pressure requirement and air pump disclosed in Lou in order to keep absorption measurements consistent.
Bounaix as modified by Lou fails to teach the pressure of the cell tube is set to zero.
However, in the same field of endeavor of gas absorption cells, Li discloses setting the pressure of the cell to zero (page 3, column 2, paragraph 2 discloses evacuating the cell to vacuum. The examiner is interpreting this to mean the pressure is zero).
Li discloses by pumping the pressure down to zero, a reference spectra is able to be measured (page 4, column 1, paragraph 1), enabling a baseline for further measurement consistency. Thus, a person of ordinary skill in the art prior to the effective filing date would find it obvious to combine the calibration taught in Bounaix as modified by Lou with the zero pressure calibration taught in Li in order to maintain a baseline for measurement consistency.
Regarding claim 16, Bounaix as modified by Lou and Li teaches the invention as explained above in claim 15, and further teaches the calibration device is configured to self-calibrate periodically when the pressure of the cell tube is a set target value (Lou: paragraph [0053] discloses the pressure system calibrates itself at a target value to maintain air pressure at that target) is zero (Li: page 3, column 2, paragraph 2).
As discussed above in claim 14, a person having ordinary skill in the art prior to the effective filing date would find it obvious to combine the calibration device of Bounaix as modified by Lou and Li with the stable pressure requirement and air pump disclosed in Lou in order to keep absorption measurements consistent.
As discussed above in claim 15, a person of ordinary skill in the art prior to the effective filing date would find it obvious to combine the calibration taught in Bounaix as modified by Lou and Li with the zero pressure calibration taught in Li in order to maintain a baseline for measurement consistency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexandria Mendoza whose telephone number is (571)272-5282. The examiner can normally be reached Mon - Thur 11:00-8:00 ET.
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/ALEXANDRIA MENDOZA/ Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/ Supervisory Patent Examiner, Art Unit 2877
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