DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-17 are rejected under 35 U.S.C. 112(b).
Claim(s) 1-8, 11-12, 15 and 17-18 are rejected under 35 U.S.C. 102(a1).
Claim(s) 9-10, 13-14 and 16 are rejected under 35 U.S.C. 103.
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 1-17 are 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 1, 5, 7 and 17 contain a conditional statement through the use of the terms: “in particular”, “preferably”, and “optionally”. The use of these terms renders the claim indefinite, as it is not clear to the examiner whether the limitation following the use of the term is actually performed, or whether it is merely a possibility. The use of the above terms impart uncertainty into the claims because it does not clearly and positively recite the applicant’s invention. For the purpose of examination, the “optional” or “preferred” limitations are understood to not be required by the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 1-8, 11-12, 15 and 17-18 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Publication 2021/0231499 to Vohra et al.
In regards to claims 1-8, 11-12 and 15, Vohra discloses and shows in Figures 1, 5-7, 9-10 and 17, an apparatus for carrying out spectroscopy (20, 60, 80, 100), in particular Raman spectroscopy, on a sample (par. 2-3),
the apparatus being configured to obtain a spectrum beam from an interaction between a laser beam (22) and a sample (28), which is arranged in the apparatus (par. 52-53, 80);
the apparatus comprising an optical system (25, 65, 85, 105) configured to guide the spectrum (36) beam to a diffraction element (64) of the optical system (par. 57, 81),
the diffraction element being configured to split the spectrum beam into a spectrum of spatially separated wavelength components (46) associated with the sample (par. 57, 63, 83);
the apparatus comprising a detector (48, 86) with an array of pixels for detecting the spectrum of spatially separated wavelength components on pixels of the array of pixels and a data acquisition device (52) coupled to the detector (par. 58, 60, 84-85);
the data acquisition device being configured:
to carry out a sequence of measurements using the detector, wherein during each measurement data which is indicative of the spectrum of spatially separated wavelength components is obtained from the array of pixels of the detector, wherein in different measurements the spectrum of spatially separated wavelength components is detected on different pixels of the array of pixels (Figure 2, 10, 12, 17) (par. 13-15, 17, 28, 59, 66, 97; wherein any optical component of the system may be configured to move, translate or rotate, in order to provide a relatively shifted spectrum to a detector surface), and
to determine an averaged spectrum of the sample based on the data obtained during at least some measurements and preferably during all measurements of the series of measurements (par. 17, 23, 28, 97; wherein a plurality of shifted Raman spectra are obtained from a sample, which are superimposed to obtain a vector and a mathematical matrix which is solved by an iterative method; Further, as the claim only requires “some measurements” the “averaged spectrum” may be based upon a single measurement);
[claim 2] wherein the apparatus is configured to carry out at least one of the following:
to move the spectrum with respect to the array of pixels in between consecutive measurements, such that different pixels of the array of pixels are hit by the spectrum in different measurements (par. 14-15, 17, 20, 59, 66, 84; wherein the grating may be rotated or translated);
to move the pixel array of the detector with regard to the incident spectrum of spatially separated wavelength components in different measurements, such that different pixels of the array of pixels are hit by the spectrum of spatially separated wavelength components in different measurements (par. 14-15, 17, 20, 59, 66, 84; wherein the detector may be rotated or translated);
[claim 3] wherein at least one of the following is controlled by the data acquisition (52) device:
the movement of the spectrum with respect to the array of pixels in between consecutive measurements and the movement of the pixel array of the detector with regard to the incident spectrum (par. 60, 85);
[claim 4] wherein the movement only takes place in between measurements (par. 14, 17, 28; wherein a plurality of discrete, incremented, individually sensed spectra are obtained);
[claim 5] wherein the laser beam is provided by a laser (22), wherein, optionally, the laser is at least one of the following: a non-wavelength stabilized laser, a non-temperature stabilized laser, a tunable laser, a diode laser (par. 52, 108);
[claim 6] wherein the data acquisition device is configured to change the wavelength of the laser beam (par. 52, 60, 62, 85, 93, 108; wherein the control electronics control the operation of the light source and wherein the temperature of the light source may be controlled to control the output frequency);
[claim 7] wherein the apparatus comprises an actuator (90) (applicant’s carrier) for the detector (par. 84), wherein the carrier is configured to move or rotate the detector with regard to the incident spectrum of spatially separated wavelength components (par. 14-15, 59, 66), wherein, optionally, the carrier is connected to the data acquisition device and the data acquisition device is configured to control the carrier (par. 60, 85);
[claim 8] wherein the carrier is configured to rotate the array of pixels and wherein the diffraction element comprises a center, wherein the rotation is carried out around the center of the diffraction element (par. 84) (Figure 5);
[claim 11] wherein the spectrum of spatially separated wavelength components passes through at least one lens (50), such as a collimation or focusing lens, of the optical system, the lens being arranged between the grating and the detector (Figures 1, 5-7) (par. 57) and the lens being coupled to a drive for changing the position of the lens, for example a stepper motor, wherein a change of the position of the lens causes a movement of the spectrum of spatially separated wavelength components with respect to the array of pixels of the detector (par. 20, 59, 66; wherein one or more optical components of the system may be moved in order to shift the spectroscopy signal relative to the sensor);
[claim 12] wherein the data acquisition device is configured to control the drive to synchronize the change of position of the lens with a measurement of the series of measurements (par. 14, 17, 20, 28, 60, 85; wherein control electronics are utilized to control the movement of the optical elements of the system and obtain a plurality of discrete, incremented, individually sensed spectra are obtained);
[claim 15] wherein the apparatus is configured to move the spectrum or the array of pixels such that the spectrum of spatially separated wavelength components is moved by a defined distance on the array of pixels (par. 17, 28, 60, 85; wherein control electronics are utilized to control the movement of the optical elements of the system and obtain a plurality of discrete, incremented, individually sensed spectra are obtained).
In regards to claim 17, Vohra discloses and shows in Figures 1, 5-7, 9-10 and 17, a computer implemented method (par. 60-61) and apparatus for carrying out spectroscopy (20, 60, 80, 100), in particular Raman spectroscopy, on a sample (par. 2-3),
the apparatus being configured to obtain a spectrum beam from an interaction between a laser beam (22) and a sample (28), which is arranged in the apparatus (par. 52-53, 80);
the apparatus comprising an optical system (25, 65, 85, 105) configured to guide the spectrum (36) beam to a diffraction element (64) of the optical system (par. 57, 81),
the diffraction element being configured to split the spectrum beam into a spectrum of spatially separated wavelength components (46) associated with the sample (par. 57, 63, 83);
the apparatus comprising a detector (48, 86) with an array of pixels for detecting the spectrum of spatially separated wavelength components on pixels of the array of pixels and a data acquisition device (52) coupled to the detector (par. 58, 60, 84-85);
the data acquisition device being configured:
to carry out a sequence of measurements using the detector, wherein during each measurement data which is indicative of the spectrum of spatially separated wavelength components is obtained from the array of pixels of the detector, wherein in different measurements the spectrum of spatially separated wavelength components is detected on different pixels of the array of pixels (Figure 2, 10, 12, 17) (par. 13-15, 17, 28, 59, 66, 97; wherein any optical component of the system may be configured to move, translate or rotate in order to provide a relatively shifted spectrum to a detector surface), and
to determine an averaged spectrum of the sample based on the data obtained during at least some measurements and preferably during all measurements of the series of measurements (par. 17, 23, 28, 97; wherein a plurality of shifted Raman spectra are obtained from a sample, which are superimposed to obtain a vector and a mathematical matrix which is solved by an iterative method; Further, as the claim only requires “some measurements” the “averaged spectrum” may be based upon a single measurement).
In regards to claim 18, Vohra discloses and shows in Figures 1, 5-7, 9-10 and 17, an apparatus for carrying out spectroscopy (20, 60, 80, 100), in particular Raman spectroscopy, on a sample (par. 2-3),
the apparatus being configured to obtain a spectrum beam from an interaction between a laser beam (22) and a sample (28), which is arranged in the apparatus (par. 52-53, 80);
the apparatus comprising an optical system (25, 65, 85, 105) configured to guide the spectrum (36) beam to a diffraction element (64) of the optical system (par. 57, 81),
the diffraction element being configured to split the spectrum beam into a spectrum of spatially separated wavelength components (46) associated with the sample (par. 57, 63, 83);
the apparatus comprising a detector (48, 86) with an array of pixels for detecting the spectrum of spatially separated wavelength components on pixels of the array of pixels and a data acquisition device (52) coupled to the detector (par. 58, 60, 84-85);
the data acquisition device being configured:
to carry out a sequence of measurements using the detector, wherein during each measurement data which is indicative of the spectrum of spatially separated wavelength components is obtained from the array of pixels of the detector, wherein in different measurements the spectrum of spatially separated wavelength components is detected on different pixels of the array of pixels (Figure 2, 10, 12, 17) (par. 13-15, 17, 28, 59, 66, 97; wherein any optical component of the system may be configured to move, translate or rotate in order to provide a relatively shifted spectrum to a detector surface), and
wherein the detector (86) is arranged on a support (90) which is rotatable around the center of the diffraction element in between measurements (par. 14-15, 59, 66, 84) (Figure 5).
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.
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.
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Vohra, in view of US Patent 5,905,571 to Butler et al.
In regards to claims 9-10, Vohra differs from the limitations in that it is silent to the apparatus:
[claim 9] wherein the apparatus comprises a support for holding the diffraction element, wherein the support holds at least one further diffraction element and the support is configured to move the diffraction element out of the optical system and position the further diffraction element in the optical system;
[claim 10] wherein the support comprises a rotatable wheel having mountings for diffraction elements at different locations which are offset from each other as viewed in the circumferential direction of the rotatable wheel, and wherein the rotatable wheel is arranged such that a diffraction element, which is arranged in one of the mountings, can be positioned in the optical system by a rotational movement of the wheel.
However, Butler teaches and shows in Figures 1-2, a spectrometry apparatus for analyzing materials of interest, wherein one or more diffraction gratings (12’, 12”) are alternatively used to obtain first and second spectra of a sample under test (col. 5, ll. 57 to col. 6, ll. 13), wherein a common substrate is provided with a plurality of separate diffraction gratings in a radially arranged configuration to allow each grating to be rotationally moved into and out of position to provide different spectra of a sample beam of light (col. 10, ll. 57 to col. 11, ll. 28).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vohra to include the diffraction grating configuration discussed above for the advantage of rapidly obtaining a plurality of different sample spectra, with a reasonable expectation of success.
Claim(s) 13-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Vohra, in view of US Publication 2021/0072158 to Ilchenko et al.
In regards to claims 13-14, Vohra discloses and shows in Figures 1 and 5-7, an apparatus for Raman spectroscopy, wherein a diffraction grating (64) is utilized to spectrally disperse wavelength components of a sample Raman spectrum, and a detector focusing lens (50) is utilized to focus the separated wavelengths onto a detector (par. 57, 83, 91).
Vohra differs from the limitations in that it is silent to the apparatus:
[claim 13] wherein the optical system is configured to compress a width direction of the spectrum to a predetermined width on the array of pixels, wherein the width direction of the spectrum is perpendicular to the spectral direction; and
[claim 14] wherein the predetermined width is in the range of or corresponds to a size of a pixel of the detector or a multiple of the pixel size, wherein a multiple is in the range of 1 to 50 times the pixel size.
However, Ilchenko teaches and shows in Figure 7, an apparatus for Raman spectroscopy, wherein a focusing lens (13) is utilized to focus a plurality of spectrally separated beams (31, 32) onto a plurality of separate regions of a detector surface (par. 192, 223), and wherein the focusing lens compresses a width direction of the separate beams to correspond to the width of the pixels of the detector (Figure 7), and provides the advantage of increasing sensitivity and efficiency of the Raman signal compression (par. 120, 228).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vohra to include the focusing optics discussed above for the advantage of increasing sensitivity and efficiency of the Raman signal compression, with a reasonable expectation of success.
In regards to claim 16, Vohra differs from the limitations in that it is silent to the apparatus:
wherein the apparatus comprises a reference sample arranged in the optical system, the apparatus being configured to split the laser beam in a first portion and a second portion, the first portion of the laser beam being the laser beam used for the interaction with the sample to obtain the spectrum beam, which is a first spectrum beam,
the apparatus being further configured to obtain a second spectrum beam from an interaction between the second portion of the laser beam and the reference sample and the optical system being configured to guide the second spectrum beam to the diffraction element, which splits the second spectrum beam into a reference spectrum of spatially separated wavelength components associated with the reference sample;
the data acquisition device being configured: to obtain, during each measurement, second data which is indicative of the reference spectrum of spatially separated wavelength components from the array of pixels of the detector, wherein in different measurements the second data is obtained on different pixels than the first data obtained for the spectrum of the sample; and
to use the second data obtained in a measurement for calibrating the data obtained in the same measurement for the spectrum of spatially separated wavelength components of the sample.
However, Ilchenko teaches and shows in Figures 3, 7-10, 14 and 23, an apparatus for Raman spectroscopy, wherein a beam of excitation radiation (15) is split into a plurality of portions, wherein a first portion is directed to a reference calibration sample (33) and a second portion is provided to a sample under test (5) (par. 16-17, 24, 222-223), in order to provide a plurality of simultaneous measurements and a calibration means, for the advantage of “more precisely identifying the Raman spectrum of the sample” (par. 20, 52, 127, 254). Further, the Raman sample spectrum and the reference calibration spectrum are simultaneously detected on separate regions of a detector (par. 222-223, 243, 255).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vohra to include the reference sample and calibration means discussed above for the advantage of more precisely identifying the Raman spectrum of the sample under test, with a reasonable expectation of success.
Conclusion
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877