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 .
The Information Disclosure Statements
The prior art cited in the information disclosure statements filed on 12/129/2025 has been considered.
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 14-15, 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.
Claims 14-15 recites …. spectrum, is 70, 10, or 5 scaled. It is not clear what is 70, 10, or 5 scaled in the spectrum; whether such scaling is a resolution scale, physical scale, or metric scale, or scale relative to standard metric. Clarification required.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-3,5,9-20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US Patent # 10,222,337 B10) [hereinafter Yoo] in view of Sasian et al. (US 2005/0190357 A1) [hereinafter Sasian].
As to claim 1, Yoo teaches a method of capturing and analyzing spectrometer data on multiple sample gemstones, the method comprising: by a computer (140, Fig.1) with a processor and memory, in communication with a camera 116, a first Raman probe (122, 124, 130, Fig.1) in communication with a first spectrometer (120, Fig.1) and at least one motor (108, Fig.1) for an adjustable stage (106, Fig.1) with multiple sample sites (110, Fig.1); capturing an image (column 8, lines 29-32) of the adjustable stage including the multiple sample sites using the camera; by the computer 140, sending commands to the at least one motor 108 to automatically align the first Raman probe with a first of the multiple sample site on the adjustable stage using the captured camera images of the multiple sites on the stage (column 8, lines 58-62; note specific site of the sample is imaged by the camera in communication with computer140 and motor 106, thus aligning said site to the camera/probe); by the computer, recording a first spectrometer signal of the first Raman probe for the first sample site after the first Raman probe is aligned to the first of the multiple gemstones (column 9, lines 16-24; note the spectral data/information from the site/sites 110 is generated by the computer).
Yoo is silent that: said camera is digital camera capturing pixelated images; sample site is a sample gemstone. However, Sasian, in the same field of endeavor, teaches system for evaluating gemstones (101 108, Fig.2) comprising an imaging device 120 such as a digital camera (paragraphs 0016, 0096) to capture an image of a diamond under illumination and sending said image to a computer (paragraphs 0089, 0090) and pixelated image (paragraph 0114).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate a digital camera to capture pixelated images from a gemstone in order provide enhanced image quality.
As to claim 2, Yoo in view of Sasian teaches all as applied to claim 1 except determining, by the computer, if the first of the multiple sample gemstones on the stage is natural by analyzing the received first spectrometer signal from the first Raman probe. However, examiner takes Official Notice that determining if the sample/gemstone on said stage is natural by analyzing spectrum from said sample, is well known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to determine whether a sample of interest is natural gemstone in order to distinguish the natural gemstone from synthetic one, thereby appreciating the value/quality of the gemstone.
As to claim 3, Yoo in view of Sasian teaches all as applied to claim 1, and in addition Yoo teaches the Intensity against Wavelength in nanometers (nm) using the received spectrometer data from the first Raman probe (column 11, lines 4-10, Fig.5).
As to claim 5, Yoo in view of Sasian teaches all as applied to claim 1, and in addition Yoo teaches comparing the received spectrometer signal of the first Raman probe of the first sample gemstone to known data of gemstones, and determining a match of the received spectrometer signal of the first Raman probe with the known data of gemstones (column 12, lines 7-15, 28-40).
As to claim 9, Yoo in view of Sasian teaches all as applied to claim 1 except determining a mineral type of the first of the multiple sample gemstones based on the received first spectrometer signal Raman of the first of the multiple sample gemstones. However, examiner takes Official Notice that determining a mineral type of the first of the multiple sample gemstones based on the received first spectrometer signal Raman of the first of the multiple sample gemstones, is known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to determine a mineral type of the first of the multiple sample gemstones based on the received first spectrometer signal Raman of the first of the multiple sample gemstones, in order to effectively identify various gem species and distinguish between natural, synthetic, and treated gems, thereby authenticating gemstones in a collection.
As to claim 10, Yoo in view of Sasian teaches all as applied to claim 1 except determining a density of the first of the multiple sample gemstones using the determined mineral type and a table of density and mineral types. However, examiner takes Official Notice that determining a density of the first of the multiple sample gemstones using the determined mineral type and a table of density and mineral types, is known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to determine a density of the first of the multiple sample gemstones using the determined mineral type and a table of density and mineral types, because density is an reliable, intrinsic property that can used to identify, rough, uncut, curved materials so that density testing is highly effective for identifying synthetic materials, imitations, and fakes.
As to claim 11, Yoo in view of teaches all as applied to claim 1. Yoo does not teach quantifying individual color components in each pixel within a physical area of the first of the multiple sample gemstones in the captured digital pixelated image. However, Sasian teaches determining the proportion of the image composed of each of the different colors. Typically, for each color, this involves binning the number of pixels of each image that contain that color (paragraph 0114).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to quantifying individual color components in each pixel of the multiple sample gemstones, in order ensure consistency in evaluating color quality across different, large, or small samples, which is crucial for determining market value.
As to claim 12, Yoo in view of Sasian teaches all as applied to claim 1, and in addition Yoo teaches directing movement, by the computer 140, of the stage 106 or camera 116 or first Raman probe, by the stage motors 108, to position a second sample gemstone (second site of 110) of the multiple sample gemstones; and recording a spectrometer 120 signal of the first Raman probe for the second sample gemstone of the multiple gemstones (Fig.1).
As to claims 13-14, Yoo in view of Sasian teaches all as applied to claim 1, and in addition Yoo teaches storing data regarding spectrometer readings taken over multiple X, Y horizontal points of the first of the multiple gemstones (column 14, lines 47-62).
As to claims 15-16, Yoo in view of Sasian teaches all as applied to claim 1, and in addition Yoo teaches wherein the first spectrometer 120 signal of the first Raman probe (122, 124, 30, Fig.1) spectrum.
As to claim 17, Yoo in view of Sasian teaches all as applied to claim 1, and in addition Yoo teaches wherein the sending commands to the at least one motor to automatically align the first Raman probe with a first of the multiple sample gemstones on the adjustable stage, includes programmed coordinates of the multiple gemstones on the stage (column 2, lines 18-33, column 9, lines 16-24).
As to claim 18, Yoo in view of Sasian teaches all as applied to claim 1, and in addition Yoo teaches the computer 140, using an algorithm to adjust a Z distance between the camera and the stage 106 and focus the camera (Fig.1; computer 140 with motor 108 adjust distance between the stage and the camera).
As to claim 19, Yoo in view of Sasian teaches all as applied to claim 1 except the use of an artificial intelligence trained algorithm to adjust an X and Y direction of the stage. However, examiner takes Official Notice that use of an artificial intelligence trained algorithm is known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use of an artificial intelligence trained algorithm in optical apparatus in order to provide enhanced imaging quality and performance by virtue of removing noises, artifacts, and aberrations from images.
As to claim 20, Yoo in view of Sasian teaches all as applied to claim 1, and in addition Yoo teaches wherein a laser in the first Raman probe emits a laser beam with 785 nm wavelength or 405 nm wavelength (column 7, lines 15-30).
Claim(s) 6-7, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoo in view of Sasian, and further in view of Davies et al. (US 2016/0178530 A1) [hereinafter Davis].
As to claims 6, 7, Yoo in view of teaches all as applied to claim 1 except a second spectrometer signal of a second Raman probe in communication with a second spectrometer and the computer, for the first of the multiple sample gemstones, wherein the first Raman probe and second Raman probe utilize different wavelengths. However, Davis, in the same field of endeavor, teaches the second spectrometer signal of a second Raman probe in communication with a second spectrometer and the computer (spectrometer 1, spectrometer 2, 118, Fig. 1a; paragraphs 0086-0087).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate different spectrometers with vary resolution to an optical apparatus in order enable simultaneous, in dependent measurements of different parameters from a sample.
Allowable Subject Matter
Claims 4, 8, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claim 4, the prior art of record, taken alone or in combination, fails to disclose or render obvious a method comprising, determining a hue, lightness, and chroma value for the first of the multiple sample gemstones using the pixelated image of the first of the multiple sample gemstones; determining a color grade from D to Z of the first sample, based on the corresponding hue, lightness, and chroma determined values, in combination with the rest of the limitations of the claim.
As to claim 8, the prior art of record, taken alone or in combination, fails to disclose or render obvious a method comprising, calibrating, by the computer conducting Z dimension alignment by adjusting a Z position of the stage using returns for a highest signal return from the Raman probe; focusing the digital camera to a plane using sharpness of the captured digital image; converting a pixel-to-distance measurement between digital image pixels and actual distance using a known distance guide; and locating a laser spot of the first Raman probe, in combination with the rest of the limitations of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Aggarwal (US Patent # 6,020,954) teaches a method and associated apparatus for the standardized grading of gemstones is provided. The system gauges the spectral response of a gemstone subject to a plurality of incident light sources within an imaging apparatus. The operation of the imaging apparatus is controlled by an instruction set of a local station control data processor. Light energy data is captured in the form of pixel data sets via a charge coupled device of the imaging apparatus of the local station. The control data processor of the local station is operably linked to an analysis station, the station includes an analysis data processor and mass storage memory device. The memory device provides storage space for the instruction set of the analysis data processor as well as database records. The analysis station employs a data processor and model database for assessing the aesthetic and/or monetary value of gemstones by way of the communicated pixel data sets. Gemstones qualities are analyzed by the plurality of light sources of the imaging apparatus and quantified relative to model pixel data sets of the database and recorded for future reference therein (abstract).
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/ABDULLAHI NUR/Primary Examiner, Art Unit 2886