BDETAILED 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 .
This is a first office action in response to the instant application for letters patent filed on 15 August 2024. Claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/12/24 and 10/27/25 was filed before the mailing date of the first office action on the merit. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
At least claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12092559. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are arguably broader than the claims of Patent Number 12092559 which encompass the same metes, bounds, and limitations. It must be noted that the entire claim 1 of the instant application is inherent in the narrower claim 1 of patent number 12092559.
Patent Number: 12092559
Exemplary claim 1
1. An apparatus for fast-moving particle characterization, the apparatus comprising: a light source directed at the particles to generate a light beam of incoherent or semi-coherent light; optics to condition the light beam into a homogeneous flat-top profile; a pulse generator coupled to the light source to direct the light source to generate the light beam when in receipt of a trigger signal, the pulse comprising a time period on a nanosecond scale; and a camera for capturing an image of the particles when illuminated by the light beam.
2. The apparatus of claim 1, wherein the apparatus is insertable into a spray environment.
3. The apparatus of claim 1, wherein the apparatus further comprises a mechanical housing enclosing the light source, the pulse generator and the camera.
4. The apparatus of claim 3, wherein the housing is submersible and operable in hazardous locations.
5. The apparatus of claim 1, wherein the light source comprises infrared lasers.
6. The apparatus of claim 1, wherein the camera is a high-resolution camera.
7. The apparatus of claim 1, wherein the camera is preconfigured to focus at a specific working distance.
8. The apparatus of claim 1, further comprising a telecentric lens with high transmission and low magnification.
9. The apparatus of claim 1, further comprising a window disposed between the camera and the particles.
10. The apparatus of claim 9, further comprising a purge plate disposed between the window and the particles to prevent build in of particles and debris on the window.
11. The apparatus of claim 10, further comprising a purge inlet in fluid communication with an outlet proximate the purge plate, wherein a fluid flowing through the purge inlet forms a curtain along the purge plate to further prevent build in of particles and debris on the window.
12. The apparatus of claim 3, wherein the housing comprises an air curtain to clean windows of the housing.
13. The apparatus of claim 1, further comprising an image analysis module to determine characteristic of the particles, comprising one or more of size, shape, velocity, number, and density.
14. The apparatus of claim 1, wherein the light beam comprises at least one of: optical power less than 85uJ; or optical power in the order of 65 uJ and the pulse has a duration on the order of 10 ns to 100 ns.
15. A method for fast-moving particle characterization, the method comprising: directing a light source at the particles, the light source configured to generate a light beam of incoherent or semi-coherent light; conditioning the light beam into a homogeneous flat-top profile; directing the light source to generate the light beam when in receipt of a trigger signal, the light beam being illuminated for a time period on a nanosecond scale; and capturing an image of the particles when illuminated by the light beam.
16. The method of claim 15, wherein the light beam is an infrared light beam.
17. The method of claim 15, wherein the light beam is a near infrared light beam.
18. The method of claim 15, wherein the light beam is captured by a camera preconfigured to focus at a specific working distance.
19. The method of claim 18, wherein the camera does not require alignment by a user.
20. The apparatus of claim 1, further comprising collimating optics to collimate the light beam.
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) 1-2, 4, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bachalo PGPUB 20180045634.
As per claim 1, Bachalo teaches a lighting module ("system 300 to image particles", paragraph [0056], Figure 3) for fast-moving particle characterization ("spray droplets", paragraph [0053], may be imaged) the lighting module comprising:
a light source (the "transmitter system", paragraph [0056], Figure 3, feature 301, including "one or more light sources", same passage, and in particular the "light source to generate a triggering light beam", paragraph [0057]) directed at the particles to generate a light beam of incoherent or semi-coherent light (since "LEDs" may be "used to generate the illuminating light beams", paragraph [0051});
a pulse generator (connected to the “light source to generate a triggering light beam", see above) coupled to the light source to direct the light source to generate the light beam when in receipt of a trigger signal ("If the particle is in the measurement volume, at operation 423", paragraph [0064], Figure 4A, "a triggering light beam is sent to generate a plurality of illuminating light beams", same paragraph), the pulse comprising a time period on a nanosecond scale ("For an embodiment, all of the illuminating light beams are pulsed for a very short duration so that particle motion does not have an effect on the images. For one embodiment, the pulse duration is from about 10 nanoseconds (nsec) to about 3000 nsec", paragraph [0042]).
As per claim 17, Bachalo teaches the lighting module of claim 1, wherein the light beam has optical power less than 85uJ (see par 0042).
As per claim 18, Bachalo teaches the lighting module of claim 17, wherein the light beam has optical power in the order of 65 uJ and the pulse has a duration on the order of 10ns to 100 ns (see par 0042).
As per claim 19, Bachalo teaches the lighting module of claim 1, wherein the light source has a wavelength of 532 nm (see par 0042).
As per claim 20, Bachalo teaches the lighting module of claim 1, wherein the light source has a wavelength of 905 nm (see par 0042).
As per claim 2, Bachalo teaches the lighting module of claim 1, wherein the light source comprises infrared lasers (see par 0051, illuminating light beams are produced by lasers …).
As per claim 4, Bachalo teaches the lighting module of claim 1, wherein the light source comprises at least one near infrared laser diode (see 0053, plurality of laser diodes).
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.
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) 3, 5-16 are rejected under 35 U.S.C. 103 as being unpatentable over Bachalo and Berg PUB Number 20130242301.
As per claim 3, Bachalo teaches the lighting module of claim 2, wherein the light source further comprises one or more low magnification lenses (see fig 3, par 0059).
As per claim 5, Berg teaches the lighting module of claim 4, wherein the light source comprises an array of near-infrared laser diodes (see Berg fig 2, par 0023).
As per claim 6, Berg teaches the lighting module of claim 1, wherein the light source comprises at least one near infrared light emitting diode (see Berg fig 2, par 0023).
As per claim 7, Berg teaches the lighting module of claim 6, wherein the light source comprises an array of near infrared light emitting diodes (see Berg fig 2, par 0023).
As per claim 8, Bachalo teaches the lighting module of claim 5, wherein light produced from the light source is a combination of beams from each diode in the array (see Bachalo par 0051 and 0057).
As per claim 9, Bachalo-Berg teaches the lighting module of claim 8, wherein the beams are conditioned into a homogeneous flat-top profile of incoherent or semi-coherent light using optical elements (see Bachalo par 0041 and 0051 discusses illuminating light beams that are incoherent with other beams; ffurthermore, homogeneous profile is well known in the art, see Krishnaswamy 20200061391).
As per claim 10, Bachalo-Berg-Krishnaswamy teaches the lighting module of claim 9, wherein the optical elements comprise a homogenizing light rod which homogenizes and decoheres the light (it’s a well known feature see Krishnaswamy par 0073).
As per claim 11, Bachalo teaches the lighting module of claim 9, wherein the optical elements comprise a diffuser to decohere the light (see par. 0004, collimated light with diffuser).
As per claim 12, Bachalo teaches the lighting module of claim 9, wherein the optical elements comprise a collimator to collimate the light (see par 0004, 0042, and 0082, collimated light).
As per claim 13, Berg teaches the lighting module of claim 12, wherein the collimator is an aspherical doublet lens (see par 0028 and 0051, aspherical lens combination; doublet is a well known feature see par 0104 and 0107-0109 of PUB number 20090068062).
As per claim 14, Bachalo teaches the lighting module of claim 9, wherein the optical elements comprise a microlens array (see par 0055, camera array and par 0059 discusses focusing lens).
As per claim 15, Bachalo teaches the lighting module of claim 9, wherein the optical elements comprise a liquid light guide (see par 0040, particle state and 0063).
As per claim 16, Berg teaches the lighting module of claim 9, wherein the optical elements comprise a fiber optic cable (see Berg par 0028, Fiber optic cable).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANTZ B JEAN whose telephone number is (571)272-3937. The examiner can normally be reached 8-5 M-F.
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, Glenton Burgess can be reached at 5712723949. 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.
/FRANTZ B JEAN/Primary Examiner, Art Unit 2454