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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Laborde et al. (2018/0299373)-cited by applicant.
As for claims 1 and 10 (treating claim 1 as the apparatus for the practice of claim 10), Laborde in a spectroscopic device and method for sample characterization discloses/suggests the following: a spectroscopic analysis device thereby a device for the practice of spectroscopic analysis (claims 1 and 10) (Figs. 1-3, 4a, 5) comprising: an irradiator configured to irradiate irradiation light on an object to be measured; thereby, irradiating irradiation light on an object to be measured (claims 1 and 10)(Fig. 1: LS to S with Fig. 4a: LS to S); a light receiver configured to receive reflected light based on the irradiation light from the object to be measured; thereby, receiving reflected light based on the irradiation light from the object to be measured (claims 1 and 10)(Fig. 1: S to D with Fig. 4a: S to D); and a controller (Fig. 1: PU with Fig. 5, Figs. 15-16: noting 50 with Figs. 21-22) configured to analyze, based on the reflected light, an optical property of the object to be measured, wherein the controller is configured to acquire environment information on a measurement environment, including an observation window that guides the irradiation light to the object to be measured, and to correct a parameter indicating the optical property according to the environment information; thereby, analyzing, based on the reflected light, an optical property of the object to be measured, wherein in the analyzing of the optical property, a parameter indicating the optical property is corrected according to environment information on a measurement environment including an observation window that guides the irradiation light to the object to be measured (paragraphs 0178-0194; noting that a window is referred: paragraphs 0019, 0084, 0086, and 0104).
As for claim 2, Laborde discloses/suggests everything as above (see claim 1). In addition, Laborde discloses/suggests wherein the controller is configured to construct a conversion model to correct the parameter in the measurement environment to a parameter in a standard environment without the observation window (paragraphs 0180-0185).
As for claim 3, Laborde discloses/suggests everything as above (see claim 1). In addition, Laborde discloses/suggests wherein the controller is configured to construct the conversion model using at least one standard material (paragraphs 0165 to 0171).
As for claim 4, Laborde discloses/suggests everything as above (see claim 3). In addition, Laborde discloses/suggests wherein the controller is configured to construct the conversion model using three or more standard materials that have different optical properties from each other (paragraphs 0148-0151, 0166, and 0167; noting a plurality of materials for packaging and a window: paragraph 0019).
As for claim 5, Laborde discloses/suggests everything as above (see claim 3). In addition, Laborde discloses/suggests wherein the controller is configured to construct the conversion model as a regression model, taking the parameter of the standard material in the measurement environment as an explanatory variable and the parameter of the standard material in the standard environment as an objective variable (paragraphs 0173-0174).
As for claim 6, Laborde discloses/suggests everything as above (see claim 2). In addition, Laborde discloses/suggests wherein the controller is configured to determine a correction coefficient according to the environment information in constructing the conversion model (paragraphs 0166 and 0167).
As for claim 7, Laborde discloses/suggests everything as above (see claim 2). In addition, Laborde discloses/suggests wherein the controller is configured to correct the parameter of the object to be measured by referring to the conversion model associated with the observation window from among conversion models constructed for each type of the observation window (paragraphs 0032-0038).
As for claims 8-9, Laborde discloses/suggests everything as above (see claim 2). In addition, Laborde discloses/suggests wherein when evaluating the conversion model, the controller is configured to notify a user to update the conversion model upon determining that an evaluation index of the conversion model has reached a threshold; wherein the controller is configured to execute processing to update the conversion model (claims 8 and 9)(paragraphs 0105, 0107, 0167-0171; noting FIG. 21: 711 and 720 and FIG. 22: 711 and 720 (display would demonstrate a means for notifying a user as well as the communications).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: please refer to the attached PTO-892.
Fax/Telephone Numbers
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gordon J. Stock, Jr. whose telephone number is (571) 272-2431.
The examiner can normally be reached on Monday-Friday, 10:00 a.m. - 6:30 p.m.
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supervisor, Kara Geisel, can be reached at 571-272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GORDON J STOCK JR/
Primary Examiner, Art Unit 2877