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 .
Claims 1 – 30 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claims 1- 13, 16– 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 10-11, 13-18 of U.S. Patent No. 12,104,957 B2 in view of Brauer et al. (US 2019/0383731 A1; pub. Dec. 19, 2019). Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations claimed in claims 1-30 of the instant application are disclosed by claims 1-8, 10-11, 13-18 of U.S. Patent No. 12,104,957 B2 and obvious in view of Brauer et al. (US 2019/0383731 A1; pub. Dec. 19, 2019).
Claims 14-15, 29– 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-18 of U.S. Patent No. 12,104,957 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations claimed in claims 14-15, 29– 30 of the instant application are obvious in view of the limitations recited in claims17-18 of U.S. Patent No. 12,104,957 B2.
In the table below similarities between the instant application and U.S. Patent No. 12,104,957 B2 are underlined.
18/804,705 (Present Application)
US 12,104,957 B2
Claim 1
A photometer for analysing the composition of a sample gas in a gas sample cell, the photometer comprising: an infra-red (IR) source and an IR detector, the IR source configured to direct a first plurality of pulses of IR radiation through the sample gas to the IR detector; an ultraviolet (UV) source and a UV detector, the UV source configured to generate a second plurality of pulses of UV radiation for conveyance to the UV detector, wherein the UV source comprises two UV diodes operable at different wavelengths; a path selection arrangement configured to alternatively convey different ones of the second plurality of pulses through the sample gas and to the UV detector, wherein the first and second plurality of pulses being provided by the path selection arrangement; and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement, the processing circuitry being configured to (i) select a wavelength to be used for a given UV pulse of the second plurality of pulses, (ii) receive a plurality of detection signals from each of the IR detector and the UV detector and (iii) based on the detection signals, determine a concentration of at least one component of the sample gas, wherein at least two of the second plurality of pulses are of different wavelength.
Claim 1
A photometer for analyzing the composition of a sample gas, the photometer comprising: an infra-red (IR) source configured to direct a first plurality of pulses of IR radiation through the sample gas to an IR detector; an ultraviolet (UV) source configured to generate a second plurality of pulses of UV radiation for conveyance to a UV detector; a path selection arrangement configured to selectively convey different ones of the second plurality of pulses through the sample gas and to the UV detector; and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement, the processing circuitry being configured to (i) select a wavelength to be used for a given UV pulse of the second plurality of pulses, (ii) receive a plurality of detection signals from each of the IR detector and the UV detector and (iii) based on the detection signals, determine a concentration of at least one component of the sample gas; wherein the path selection arrangement includes a rotating member, the rotating member having at least one annular inner slot and at least one annular outer slot, the inner slot and outer slot being at radially different positions; and wherein the rotating member includes thereon a plurality of timing indicia and wherein the processing circuitry is configured to: (i) detect, during rotation of the rotating member, a passing of the timing indicia past an indicium detector; and (ii) determine an angular position of the inner slots and/or outer slots based on the passing of the timing indicia and obvious in view of para. [0083], [0125], [0146] of Brauer et al. (US 2019/0383731 A1; pub. Dec. 19, 2019).
Claim 2
at least two of the first plurality of pulses are of different wavelength.
Claim 2
at least two of the first plurality of pulses are of different wavelength.
Claim 3
the path selection arrangement includes a rotating member, the rotating member having at least one annular inner slot and at least one annular outer slot, the at least one annular inner slot and the at least one annular outer slot being at radially different positions
Claim 1
A photometer for analyzing the composition of a sample gas, the photometer comprising: an infra-red (IR) source configured to direct a first plurality of pulses of IR radiation through the sample gas to an IR detector; an ultraviolet (UV) source configured to generate a second plurality of pulses of UV radiation for conveyance to a UV detector; a path selection arrangement configured to selectively convey different ones of the second plurality of pulses through the sample gas and to the UV detector; and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement, the processing circuitry being configured to (i) select a wavelength to be used for a given UV pulse of the second plurality of pulses, (ii) receive a plurality of detection signals from each of the IR detector and the UV detector and (iii) based on the detection signals, determine a concentration of at least one component of the sample gas; wherein the path selection arrangement includes a rotating member, the rotating member having at least one annular inner slot and at least one annular outer slot, the inner slot and outer slot being at radially different positions; and wherein the rotating member includes thereon a plurality of timing indicia and wherein the processing circuitry is configured to: (i) detect, during rotation of the rotating member, a passing of the timing indicia past an indicium detector; and (ii) determine an angular position of the inner slots and/or outer slots based on the passing of the timing indicia.
Claim 4
the path selection arrangement includes a conveyance pillar having a first port and a second port, whereby conveyance of UV radiation from the UV source to the first port and the second port is enabled when the at least one annular inner slot and the at least one annular outer slot overlap with the first port and the second port, respectively.
Claim 4
the path selection arrangement includes a conveyance pillar having a first port and a second port, whereby conveyance of UV radiation from the UV source to the first port and the second port is enabled when the at least one annular inner slot and the at least one annular outer slot overlap with the first port and the second port, respectively.
Claim 5
the path selection arrangement further includes a first light path coupling the first port to a transmitter part of a light transmitter/receiver module, for directing the given UV pulse to the sample gas.
Claim 5
the path selection arrangement further includes a first light path coupling the first port to a transmitter part of a light transmitter/receiver module, for directing the given UV pulse to the sample gas
Claim 6
the path selection arrangement further includes a second light path coupling a receiver part of the light transmitter/receiver module to the UV detector.
Claim 6
the path selection arrangement further includes a second light path coupling a receiver part of the light transmitter/receiver module to the UV detector.
Claim 7
the path selection arrangement further includes a third light path coupling the second port directly to the UV detector.
Claim 7
the path selection arrangement further includes a third light path coupling the second port directly to the UV detector.
Claim 8
the first light path, the second light path and/or the third light path comprise light guides.
Claim 8
the first light path, the second light path and/or the third light path comprise light guides.
Claim 9
the processing circuitry is further configured to control a timing of the pulses of the second plurality of pulses, whereby successive pulses through one or both of the first and second ports are of different wavelengths.
Claim 10
the processing circuitry is further configured to control a timing of the pulses of the second plurality of pulses, whereby successive pulses through one or both of the first and second ports are of different wavelengths.
Claim 10
the processing circuitry is further configured to control a timing of the pulses of the second plurality of pulses, whereby the plurality of detection signals received by the UV detector include: (i) a reference reading, corresponding to a path of UV radiation direct from the UV source to the UV detector, (ii) a dark reading, corresponding to the sample gas not being illuminated by UV radiation, and/or (iii) a measurement reading, corresponding to a path of UV radiation from the UV source to the UV detector via the sample gas.
Claim 11
the processing circuitry is further configured to control a timing of the pulses of the second plurality of pulses, whereby the plurality of detection signals received by the UV detector include: (i) a reference reading, corresponding to a path of UV radiation direct from the UV source to the UV detector, (ii) a dark reading, corresponding to the sample gas not being illuminated by UV radiation, and/or (iii) a measurement reading, corresponding to a path of UV radiation from the UV source to the UV detector via the sample gas.
Claim 11
the path selection arrangement includes at least one pair of inner slots and/or at least one pair of outer slots.
Claim 13
the path selection arrangement includes at least one pair of inner slots and/or at least one pair of outer slots.
Claim 12
for a given pair, the at least one pair of inner slots and/or the at least one pair of outer slots are either spaced apart around the rotating member or are diametrically opposed to each other on the filter wheel.
Claim 15
for a given pair, the inner slots and/or outer slots are diametrically opposed.
Claim 13
the rotating member comprises a filter wheel having a plurality of filter elements spaced apart around the filter wheel; wherein the filter elements are disposed at a different radial position to the annular inner slots and/or annular outer slots.
Claim 16
the rotating member comprises a filter wheel having a plurality of filter elements spaced apart around the filter wheel; wherein the filter elements are disposed at a different radial position to the inner slots and/or outer slots.
Claim 14
A method of analysing the composition of a sample gas in a gas sample cell, the method comprising the steps of: providing a photometer comprising an infra-red (IR) source configured to direct a first plurality of pulses of IR radiation through the sample gas to an IR detector, an ultraviolet (UV) source configured to generate a second plurality of pulses of UV radiation for conveyance to a UV detector, the UV source comprising two UV diodes operable at different wavelengths, a path selection arrangement configured to selectively convey different ones of the second plurality of pulses through the sample gas and to the UV detector, the first and second plurality of pulses being provided by the path selection arrangement; and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement; operating the processing circuitry to receive a plurality of detection signals from each of the IR detector and the UV detector; and determining a concentration of at least one component of the sample gas based on the detection signals, wherein at least two of the second plurality of pulses are of different wavelength.
Claim 17
A method of analyzing the composition of a sample gas, the method comprising the steps of: providing a photometer comprising an infra-red (IR) source configured to direct a first plurality of pulses of IR radiation through the sample gas to an IR detector, an ultraviolet (UV) source configured to generate a second plurality of pulses of UV radiation for conveyance to a UV detector, a path selection arrangement configured to selectively convey different ones of the second plurality of pulses through the sample gas and to the UV detector, and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement, wherein the path selection arrangement includes a rotating member, the rotating member having at least one annular inner slot and at least one annular outer slot, the inner slot and outer slot being at radially different positions, and wherein the rotating member includes thereon a plurality of timing indicia; operating the processing circuitry to (i) receive a plurality of detection signals from each of the IR detector and the UV detector, (ii) detect, during rotation of the rotating member, a passing of the timing indicia past an indicium detector, and (iii) determine an angular position of the inner slots and/or outer slots based on the passing of the timing indicia; and determining a concentration of at least one component of the sample gas based on the detection signals.
Claim 15
the step of operating the processing circuitry to select a wavelength to be used for a given UV pulse of the second plurality of pulses.
Claim 18
the step of operating the processing circuitry to select a wavelength to be used for a given UV pulse of the second plurality of pulses.
Claim 16
A photometer for analysing the composition of a sample gas in a gas sample cell, the photometer comprising: an infra-red (IR) source and an IR detector, the IR source configured to direct a first plurality of pulses of IR radiation through the sample gas to the IR detector; an ultraviolet (UV) source and a UV detector, the UV source configured to generate a second plurality of pulses of UV radiation for conveyance to the UV detector; a path selection arrangement configured to alternatively convey different ones of the second plurality of pulses through the sample gas and to the UV detector, wherein the first and second plurality of pulses being provided by the path selection arrangement; and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement, the processing circuitry being configured to (i) select a wavelength to be used for a given UV pulse of the second plurality of pulses, (ii) receive a plurality of detection signals from each of the IR detector and the UV detector and (iii) based on the detection signals, determine a concentration of at least one component of the sample gas, wherein the path selection arrangement includes a rotating member, the rotating member having at least one annular inner slot and at least one annular outer slot, the at least one annular inner slot and the at least one annular outer slot being at radially different positions.
Claim 16
A photometer for analyzing the composition of a sample gas, the photometer comprising: an infra-red (IR) source configured to direct a first plurality of pulses of IR radiation through the sample gas to an IR detector; an ultraviolet (UV) source configured to generate a second plurality of pulses of UV radiation for conveyance to a UV detector; a path selection arrangement configured to selectively convey different ones of the second plurality of pulses through the sample gas and to the UV detector; and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement, the processing circuitry being configured to (i) select a wavelength to be used for a given UV pulse of the second plurality of pulses, (ii) receive a plurality of detection signals from each of the IR detector and the UV detector and (iii) based on the detection signals, determine a concentration of at least one component of the sample gas; wherein the path selection arrangement includes a rotating member, the rotating member having at least one annular inner slot and at least one annular outer slot, the inner slot and outer slot being at radially different positions;
and wherein the rotating member includes thereon a plurality of timing indicia and wherein the processing circuitry is configured to: (i) detect, during rotation of the rotating member, a passing of the timing indicia past an indicium detector; and (ii) determine an angular position of the inner slots and/or outer slots based on the passing of the timing indicia and obvious in view of para. [0146] of Brauer et al. (US 2019/0383731 A1; pub. Dec. 19, 2019).
Claim 17
at least two of the first plurality of pulses are of different wavelength.
Claim 2
at least two of the first plurality of pulses are of different wavelength
Claim 18
at least two of the second plurality of pulses are of different wavelength.
Claim 3
at least two of the second plurality of pulses are of different wavelength.
Claim 19
the path selection arrangement includes a conveyance pillar having a first port and a second port, whereby conveyance of UV radiation from the UV source to the first port and the second port is enabled when the at least one annular inner slot and the at least one annular outer slot overlap with the first port and the second port, respectively.
Claim 4
the path selection arrangement includes a pillar having a first port and a second port, whereby conveyance of UV radiation from the UV source to the first port and the second port is enabled when the inner slot and the outer slot overlap with the first port and the second port, respectively.
Claim 20
the path selection arrangement further includes a first light path coupling the first port to a transmitter part of a light transmitter/receiver module, for directing the given UV pulse to the sample gas.
Claim 5
the path selection arrangement further includes a first light path coupling the first port to a transmitter part of a light transmitter/receiver module, for directing the given UV pulse to the sample gas.
Claim 21
the path selection arrangement further includes a second light path coupling a receiver part of the light transmitter/receiver module to the UV detector.
Claim 6
the path selection arrangement further includes a second light path coupling a receiver part of the light transmitter/receiver module to the UV detector.
Claim 22
the path selection arrangement further includes a third light path coupling the second port directly to the UV detector.
Claim 7
the path selection arrangement further includes a third light path coupling the second port directly to the UV detector.
Claim 23
the first light path, the second light path and/or the third light path comprise light guides.
Claim 8
the first light path, the second light path and/or the third light path comprise light guides.
Claim 24
the processing circuitry is further configured to control a timing of the pulses of the second plurality of pulses, whereby successive pulses through one or both of the first and second ports are of different wavelengths.
Claim 10
the processing circuitry is further configured to control a timing of the pulses of the second plurality of pulses, whereby successive pulses through one or both of the first and second ports are of different wavelengths.
Claim 25
the processing circuitry is further configured to control a timing of the pulses of the second plurality of pulses, whereby the plurality of detection signals received by the UV detector include: (i) a reference reading, corresponding to a path of UV radiation direct from the UV source to the UV detector, (ii) a dark reading, corresponding to the sample gas not being illuminated by UV radiation, and/or (iii) a measurement reading, corresponding to a path of UV radiation from the UV source to the UV detector via the sample gas.
Claim 11
the processing circuitry is further configured to control a timing of the pulses of the second plurality of pulses, whereby the plurality of detection signals received by the UV detector include: (i) a reference reading, corresponding to a path of UV radiation direct from the UV source to the UV detector, (ii) a dark reading, corresponding to the sample gas not being illuminated by UV radiation, and/or (iii) a measurement reading, corresponding to a path of UV radiation from the UV source to the UV detector via the sample gas.
Claim 26
the path selection arrangement includes at least one pair of inner slots and/or at least one pair of outer slots.
Claim 13
the path selection arrangement includes at least one pair of inner slots and/or at least one pair of outer slots.
Claim 27
for a given pair, the at least one pair of inner slots and/or the at least one pair of outer slots are either spaced apart around the rotating member or are diametrically opposed to each other on the filter wheel.
Claim 14
for a given pair, the inner slots and/or outer slots are spaced apart around the rotating member.
Claim 28
the rotating member comprises a filter wheel having a plurality of filter elements spaced apart around the filter wheel; wherein the filter elements are disposed at a different radial position to the annular inner slots and/or the annular outer slots.
Claim 16
the rotating member comprises a filter wheel having a plurality of filter elements spaced apart around the filter wheel; wherein the filter elements are disposed at a different radial position to the inner slots and/or outer slots.
Claim 29
A method of analysing the composition of a sample gas in a gas sample cell, the method comprising: providing a photometer comprising an infra-red (IR) source configured to direct a first plurality of pulses of IR radiation through the sample gas to an IR detector, an ultraviolet (UV) source configured to generate a second plurality of pulses of UV radiation for conveyance to a UV detector, a path selection arrangement configured to selectively convey different ones of the second plurality of pulses through the sample gas and to the UV detector, the first and second plurality of pulses being provided by the path selection arrangement; and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement; operating the processing circuitry to receive a plurality of detection signals from each of the IR detector and the UV detector ; and determining a concentration of at least one component of the sample gas, wherein the path selection arrangement includes a rotating member, the rotating member having at least one annular inner slot and at least one annular outer slot, the inner slot and outer slot being at radially different positions.
Claim 17
A method of analyzing the composition of a sample gas, the method comprising the steps of: providing a photometer comprising an infra-red (IR) source configured to direct a first plurality of pulses of IR radiation through the sample gas to an IR detector, an ultraviolet (UV) source configured to generate a second plurality of pulses of UV radiation for conveyance to a UV detector, a path selection arrangement configured to selectively convey different ones of the second plurality of pulses through the sample gas and to the UV detector, and processing circuitry coupled to the IR source, the UV source, the IR detector, the UV detector and the path selection arrangement, wherein the path selection arrangement includes a rotating member, the rotating member having at least one annular inner slot and at least one annular outer slot, the inner slot and outer slot being at radially different positions,
and wherein the rotating member includes thereon a plurality of timing indicia; operating the processing circuitry to (i) receive a plurality of detection signals from each of the IR detector and the UV detector, (ii) detect, during rotation of the rotating member, a passing of the timing indicia past an indicium detector, and (iii) determine an angular position of the inner slots and/or outer slots based on the passing of the timing indicia; and determining a concentration of at least one component of the sample gas based on the detection signals.
Claim 30
the step of operating the processing circuitry to select a wavelength to be used for a given UV pulse of the second plurality of pulses.
Claim 18
the step of operating the processing circuitry to select a wavelength to be used for a given UV pulse of the second plurality of pulses.
Regarding claim 1, Daw et al. claim all the limitation of claims 1 (claim 1) except for: the UV source comprises two UV diodes operable at different wavelengths; a path selection arrangement configured to alternatively convey different ones of the second plurality of pulses through the sample gas and to the UV detector.
In a similar field of endeavor Brauer et al. disclose: the UV source comprises two UV diodes operable at different wavelengths (para. [0083], [0125]); a path selection arrangement configured to alternatively convey different ones of the second plurality of pulses through the sample gas and to the UV detector (para. [0146]) motivated by the benefits for improved ability to accurately quantify the concentrations of individual target gas species in a gas sample (Brauer et al. para. [0145]).
In light of the benefits for improved ability to accurately quantify the concentrations of individual target gas species in a gas sample as taught by Brauer et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Daw et al. with the teachings of Brauer et al.
Regarding claim 16, Daw et al. claim all the limitations of claim 16 (claim 16) except for: a path selection arrangement configured to alternatively convey different ones of the second plurality of pulses through the sample gas and to the UV detector (para. [0146]) motivated by the benefits for improved ability to accurately quantify the concentrations of individual target gas species in a gas sample (Brauer et al. para. [0145]).
In light of the benefits for improved ability to accurately quantify the concentrations of individual target gas species in a gas sample as taught by Brauer et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Daw et al. with the teachings of Brauer et al.
Conclusion
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/MAMADOU FAYE/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884