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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 8th, 2026 has been entered.
Detailed Action
Applicant’s arguments, filed 4-27-2026, with respect to art rejection of the previous action have been fully considered and are persuasive. The art rejection of the previous action has been withdrawn. However, a new rejection necessitated by the amendments will be provided below.
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.
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) 1, 7, 9-12, 19, & 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong (PGPub 2011/0042570) (Wong) in view of Lawrence et al (US PAT 8,904,859) (Lawrence) and further in view of Siemens AG (WO 2004/031744 A1) (Siemens).
Regarding Claim 1, Wong discloses an apparatus for measuring concentration of one or more gases in a fluid (fig. 3), comprising:
an enclosed internal space (9) defined by a structural wall (10);
an infrared radiation source (16) located at a first end of the structural wall and configured to send infrared radiation into the enclosed internal space,
a first infrared radiation detector (5) configured to receive and measure a first intensity of the infrared radiation at a wavelength, wherein the first infrared radiation detector is located on a second end of the structural wall a first distance (15) from the infrared radiation source (see fig. 3);
a second infrared radiation detector (6) configured to receive and measure a second intensity of the infrared radiation at the wavelength, wherein the second infrared radiation detector is located on a third end of the structural wall a second distance (14) from the infrared radiation source (see fig. 3);
a first optical path (15) extending from the infrared radiation source through the enclosed internal space to the first infrared radiation detector, wherein the first optical path has a first length to identify a first concentration range of the gas (Paragraph 42); and
a second optical path (14) extending from the infrared radiation source through the enclosed internal space to the second infrared radiation detector, wherein the second optical path is shorter than the first optical path to identify a second concentration range of the gas (Paragraph 42);
Wong fails to explicitly disclose a gas-permeable membrane separating the enclosed internal space from surrounding fluid while allowing a gas to diffuse from the surrounding fluid into the enclosed internal space; wherein the enclosed internal space defines a single propagation region extending between the first end of the structural wall and a second end of the structural wall, wherein the second end is opposite the first end; a stepped configuration located at the second end of the structural wall, wherein the stepped configuration includes :a first step located a first direct propagation distance of a plurality of direct propagation distances from the infrared radiation source; and a second step located a second direct propagation distance of the plurality of direct propagation distances from the infrared radiation source, wherein the second direct propagation distance is shorter than the first direct propagation distance;
However, Lawrence discloses disclose a gas-permeable membrane (fig. 3, 300) separating the enclosed internal space from surrounding fluid while allowing a gas to diffuse from the surrounding fluid into the enclosed internal space (Column 3, lines 59-66);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong with a gas-permeable membrane separating the enclosed internal space from surrounding fluid while allowing a gas to diffuse from the surrounding fluid into the enclosed internal space because this would allow for the testing of gases in a borehole fluid which can indicate the viability of a hydrocarbon reserve;
Wong as modified by Lawrence still fails to explicitly disclose wherein the enclosed internal space defines a single propagation region extending between the first end of the structural wall and a second end of the structural wall, wherein the second end is opposite the first end; a stepped configuration located at the second end of the structural wall, wherein the stepped configuration includes: a first step located a first direct propagation distance of a plurality of direct propagation distances from the infrared radiation source; and a second step located a second direct propagation distance of the plurality of direct propagation distances from the infrared radiation source, wherein the second direct propagation distance is shorter than the first direct propagation distance;
However, Siemens discloses a gas concentration sensor which utilizes IR radiation, comprising:
(note: all text reference refer to the machine translation)
wherein the enclosed internal space defines a single propagation region extending between the first end of the structural wall and a second end of the structural wall, wherein the second end is opposite the first end (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”);
a stepped configuration located at the second end of the structural wall, wherein the stepped configuration includes:
a first step located a first direct propagation distance of a plurality of direct propagation distances from the infrared radiation source (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”); and
a second step (5) located a second direct propagation distance of the plurality of direct propagation distances from the infrared radiation source, wherein the second direct propagation distance is shorter than the first direct propagation distance (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”);
What is shown in figure 3 and the disclosure is a gas concentration sensor with multiple light sources (3) each paired with the sensors (4) to provide two different path lengths (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”). As can be seen the sensors (4) are mounted on the steps one of which is closer than the other to the light sources. Additionally, there is no partition between the steps and thus is met the applicant’s “single propagation region” that the applicant argues is not shown by Wong;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence with wherein the enclosed internal space defines a single propagation region extending between the first end of the structural wall and a second end of the structural wall, wherein the second end is opposite the first end; a stepped configuration located at the second end of the structural wall, wherein the stepped configuration includes: a first step located a first direct propagation distance of a plurality of direct propagation distances from the infrared radiation source; and a second step located a second direct propagation distance of the plurality of direct propagation distances from the infrared radiation source, wherein the second direct propagation distance is shorter than the first direct propagation distance because such an arrangement allows for a more compact construction of the device.
Regarding Claim 7, Wong as modified by Lawrence and Siemens discloses the aforementioned. Further, Wong discloses a narrow bandpass filter (8) between the infrared radiation source the first infrared radiation detector and the second infrared radiation detector (Paragraph 39).
Regarding Claim 9, Wong as modified by Lawrence and Siemens discloses the aforementioned but fails to explicitly disclose wherein the at least one radiation source comprises electrically heated silicon carbide;
However, the examiner takes official notice this would be obvious to one of ordinary skill in the art at the time of filing;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence and Siemens with wherein the at least one radiation source comprises electrically heated silicon carbide because this source is functionally equivalent to the disclosed sources or Martin or Lawrence and would be chosen based upon availability and cost. Further, such a source is common IR source and known to be stable with a high emissivity.
Regarding Claim 10, Wong as modified by Lawrence and Siemens discloses the aforementioned but fails to explicitly disclose wherein: the infrared radiation source includes a first infrared radiation source and a second infrared radiation source, wherein the first infrared radiation source is configured to send first infrared radiation along the first optical path through the enclosed internal space, through a first narrow bandpass filter, and to the first infrared radiation detector; the second infrared radiation source is configured to send second infrared radiation along the second optical path through the enclosed internal space, through a second narrow bandpass filter, and to the second infrared radiation detector;
However, the examiner takes official notice that this would be obvious to one of ordinary skill in the art at the time of filing;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence and Siemens with wherein: the infrared radiation source includes a first infrared radiation source and a second infrared radiation source, wherein the first infrared radiation source is configured to send first infrared radiation along the first optical path through the enclosed internal space, through a first narrow bandpass filter, and to the first infrared radiation detector; the second infrared radiation source is configured to send second infrared radiation along the second optical path through the enclosed internal space, through a second narrow bandpass filter, and to the second infrared radiation detector because splitting one light source into two is common sense and allows for such advantages as being able to individually control each source for conditions on the beam path which allows for adjustment of the source for specific conditions on that path.
Regarding Claim 11, Wong discloses the aforementioned but fails to explicitly disclose wherein the first infrared radiation detector is a spectrophotometer operable to measure the first intensity of the infrared radiation across a range of wavelengths;
However, Lawrence discloses wherein the first infrared radiation detector is a spectrophotometer operable to measure the first intensity of the infrared radiation across a range of wavelengths (Column 4, lines 16-25);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong with wherein the first infrared radiation detector is a spectrophotometer operable to measure the first intensity of the infrared radiation across a range of wavelengths because this would allow for the measurement of different analytes at different absorptions in the gas.
Regarding Claim 12, Wong discloses a method of measuring concentrations of one or more gases in a surrounding fluid (fig. 3), comprising:
sending infrared radiation, from an infrared radiation source (16) at a first end of the structural wall of the apparatus, along a first optical path (15) to a first infrared radiation detector (5) located on a second end of the structural wall a first distance from the first end, wherein the first optical path has a first length to identify a first concentration range of the gas (Fig. 4, 18, Paragraph 42);
sending the infrared radiation from the infrared radiation source (16) along a second optical path (14) to a second infrared radiation detector (6) located on a third end of the structural wall a second distance from the first end, wherein the second optical path has a second length to identify a second concentration range of the gas (Fig. 4, 17, Paragraph 42);
operating the first infrared radiation detector to measure a first intensity of a wavelength of the infrared radiation (Fig. 4, Paragraph 42);
operating the second infrared radiation detector to measure a second intensity of the wavelength of the infrared radiation (Fig. 4, Paragraph 42); and
computing a gas concentration from the first intensity and the second intensity (Fig. 5, Paragraph 43);
Wong fails to explicitly disclose placing a gas-permeable membrane of an apparatus in contact with the surrounding fluid, the apparatus including an enclosed internal space defined by a structural wall, and the gas-permeable membrane allowing gas to diffuse from the surrounding fluid through the gas-permeable membrane into the enclosed internal space of the apparatus;
However, Lawrence discloses disclose placing a gas-permeable membrane (fig. 3, 300) of an apparatus in contact with the surrounding fluid, the apparatus including an enclosed internal space defined by a structural wall, and the gas-permeable membrane allowing gas to diffuse from the surrounding fluid through the gas-permeable membrane into the enclosed internal space of the apparatus (Column 3, lines 59-66);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong with placing a gas-permeable membrane of an apparatus in contact with the surrounding fluid, the apparatus including an enclosed internal space defined by a structural wall, and the gas-permeable membrane allowing gas to diffuse from the surrounding fluid through the gas-permeable membrane into the enclosed internal space of the apparatus because this would allow for the testing of gases in a borehole fluid which can indicate the viability of a hydrocarbon reserve.;
Wong as modified by Lawrence still fails to explicitly disclose wherein the enclosed internal space is a continuous volume free of internal partitions defining separate optical channels between an infrared radiation source and radiation detectors and the structural wall includes a stepped configuration located at a second end of the structural wall opposite a first end of the structural wall, wherein the stepped configuration includes: a first step located a first direct propagation distance of a plurality of direct propagation distances from the infrared radiation source; and a second step located a second direct propagation distance of the plurality of direct propagation distances from the infrared radiation source, wherein the second direct propagation distance is shorter than the first direct propagation distance;
However, Siemens discloses a gas concentration sensor which utilizes IR radiation, comprising:
(note: all text reference refer to the machine translation)
wherein the enclosed internal space is a continuous volume free of internal partitions defining separate optical channels between an infrared radiation source and radiation detectors and the structural wall includes a stepped configuration located at a second end of the structural wall opposite a first end of the structural wall (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”);
wherein the stepped configuration includes:
a first step located a first direct propagation distance of a plurality of direct propagation distances from the infrared radiation source (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”); and
a second step located a second direct propagation distance of the plurality of direct propagation distances from the infrared radiation source, wherein the second direct propagation distance is shorter than the first direct propagation distance (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”);
What is shown in figure 3 and the disclosure is a gas concentration sensor with multiple light sources (3) each paired with the sensors (4) to provide two different path lengths (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”). As can be seen the sensors (4) are mounted on the steps one of which is closer than the other to the light sources. Additionally, there is no partition between the steps and thus is met the applicant’s “continuous volume free of internal partitions” that the applicant argues is not shown by Wong;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence with wherein the enclosed internal space is a continuous volume free of internal partitions defining separate optical channels between an infrared radiation source and radiation detectors and the structural wall includes a stepped configuration located at a second end of the structural wall opposite a first end of the structural wall, wherein the stepped configuration includes: a first step located a first direct propagation distance of a plurality of direct propagation distances from the infrared radiation source; and a second step located a second direct propagation distance of the plurality of direct propagation distances from the infrared radiation source, wherein the second direct propagation distance is shorter than the first direct propagation distance because such an arrangement allows for a more compact construction of the device.
Regarding Claim 19, Wong as modified by Lawrence and Siemens discloses the aforementioned. Further, Lawrence discloses wherein the gases include an aliphatic hydrocarbon containing up to four carbon atoms per molecule (Column 1, lines 20-31).
The reasons for combination remain the same as above.
Regarding Claim 22, Wong as modified by Lawrence and Siemens discloses the aforementioned. Further, Siemens discloses wherein the first optical path comprises direct propagation of the infrared radiation through the enclosed internal space along a first line-of- sight distance and the second optical path comprises direct propagation of the infrared radiation through the enclosed internal space along a second line-of-sight distance (see fig. 3, 3rd Page, Paragraph starting with “Sensor 3 with a gas sensitive layer”). As can be seen the propagation from each source is directed propagated to the detector.
The reasons for combination remain the same as above.
Claim(s) 2 & 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong in view of Lawrence and Siemens and further in view of Weidmann et al (PGPub 2021/0310866) (Weidmann).
Regarding Claims 2 & 3, Wong as modified by Lawrence and Siemens discloses wherein the second optical path has a length which is at least one and a half times longer than the first optical path; and wherein the second optical path comprises a reflection at one or more mirrors within the enclosed internal space;
However, Weidmann discloses an apparatus with a configuration where the second optical path comprises a reflection at one or more mirrors (18, Fig. 2) within the enclosed internal space and where the second optical path length is longer than the first optical path length;
Further, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the second optical path has a length which is at least one and a half times longer than the first optical path, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence and Siemens with wherein the second optical path has a length which is at least one and a half times longer than the first optical path; and wherein the second optical path comprises a reflection at one or more mirrors within the enclosed internal space because this is a functionally equivalent configuration with the one disclosed in Wong and would be chosen to ensure the two path lengths travel the same space as much as possible to reduce variation due to atmospheric conditions.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong in view of Lawrence, Siemens and Weidmann and further in view of Martin et al (PGPub 2022/0205906) (Martin).
Regarding Claim 4, Wong as modified by Lawrence, Siemens and Weidmann discloses the aforementioned but fails to explicitly disclose wherein the second optical path extends into a cavity encircled by a mirror within the enclosed internal space and comprises a plurality of reflections across the cavity;
However, Martin teaches wherein the second optical path extends into a cavity encircled by a mirror within the enclosed internal space and comprises a plurality of reflections across the cavity (Fig. 6b, Paragraphs 121 & 125);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence, Siemens and Weidmann with wherein the second optical path extends into a cavity encircled by a mirror within the enclosed internal space and comprises a plurality of reflections across the cavity because this is a functionally equivalent configuration which allows for multiple path lengths for different sensitivities to concentration and allowing for the path lengths to travel the same space as much as possible to reduce variation due to atmospheric conditions.
Claim(s) 6 & 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong in view of Lawrence and Siemens and further in view of Martin et al (PGPub 2022/0205906) (Martin).
Regarding Claim 6, Wong as modified by Lawrence and Siemens discloses the aforementioned but fails to explicitly disclose a third optical path extending from the infrared radiation source through the enclosed internal space to a third infrared radiation detector which is operable to measure a third intensity of the infrared radiation at a second wavelength different from the first wavelength;
However, Martin discloses a third optical path (Fig. 5, 517) extending from the infrared radiation source through the enclosed internal space to a third infrared radiation detector which is operable to measure a third intensity of the infrared radiation at a second wavelength different from the first wavelength (Paragraphs 118 & 119);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence and Siemens with a third optical path extending from the infrared radiation source through the enclosed internal space to a third infrared radiation detector which is operable to measure a third intensity of the infrared radiation at a second wavelength different from the first wavelength because this allows for detection of different analytes in a sample at the same time.
Regarding Claim 8, Wong as modified by Lawrence and Siemens discloses the aforementioned but fails to explicitly disclose wherein the wavelength is a first wavelength and the infrared radiation source includes a broadband source, and the apparatus further comprises: a first narrow bandpass filter configured to pass radiation at a first wavelength to the first infrared radiation detector; and a second narrow bandpass filter configured to pass radiation at a second wavelength to the second infrared radiation detector;
However, Martin discloses wherein the wavelength is a first wavelength and the infrared radiation source includes a broadband source (Fig. 4, 410, Paragraph 115), and the apparatus further comprises:
a first narrow bandpass filter (450) configured to pass radiation at a first wavelength to the first infrared radiation detector (Paragraph 114); and
a second narrow bandpass filter (460) configured to pass radiation at a second wavelength to the second infrared radiation detector (Paragraph 114);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence and Siemens with wherein the wavelength is a first wavelength and the infrared radiation source includes a broadband source, and the apparatus further comprises: a first narrow bandpass filter configured to pass radiation at a first wavelength to the first infrared radiation detector; and a second narrow bandpass filter configured to pass radiation at a second wavelength to the second infrared radiation detector because this allows for detection of different analytes in a sample at the same time.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong in view of Lawrence and Siemens and further in view of Wöllenstein et al (Jürgen Wöllenstein, Andre Eberhardt, Sven Rademacher, Katrin Schmitt, "Miniaturized multi channel infrared optical gas sensor system," Proc. SPIE 8066, Smart Sensors, Actuators, and MEMS V, 80660Q (5 May 2011); https://doi.org/10.1117/12.887593) (Wöllenstein).
Regarding Claim 21, Wong as modified by Lawrence and Siemens discloses the aforementioned but fails to explicitly disclose further comprising a plurality of narrow bandpass filters located on a wheel along the first optical path, the wheel rotatable to selectively place the plurality of narrow bandpass filters along the first optical path;
However, Wöllenstein discloses the use of a filter wheel in an NDIR spectrometer (Fig. 1, Section 2. Sensor Principle);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wong as modified by Lawrence and Siemens with further comprising a plurality of narrow bandpass filters located on a wheel along the first optical path, the wheel rotatable to selectively place the plurality of narrow bandpass filters along the first optical path because this allows for the simultaneous measurement of multiple different analytes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHON COOK whose telephone number is (571)270-1323. The examiner can normally be reached 11am-7pm.
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/JONATHON COOK/Examiner, Art Unit 2877 June 24, 2026
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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