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 .
Response to Interview
The 112(b) rejection of claim 12 is withdrawn.
Response to Arguments
Applicant’s arguments on page 9, filed 6/24/2026 with respect to the rejection of claim 5 under USC 102 have been fully considered and are persuasive as the existing rejection does not address all of the limitations in the amended claim. Therefore, the rejection has been withdrawn. However, upon further consideration, a new USC 103 rejection is made in view of Nam.
The following arguments filed 6/24/2026 have been fully considered but they are not persuasive.
Applicant argues on page 9-11 that Kandel is directed to a different field of endeavor and not pertinent to the problem addressed by the instant invention, and is therefore non-analogous art.
Examiner’s position is that MPEP 2141.01(a)(I) states “A reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention).” In this case, Kandel is titled “Metrology Systems and Methods” which indicates it is directed to “the science of weights and measures or of measurement” (merriam-webster.com), and teaches an invention that directs light to a sample, collects light that has been returned from a sample, collects light that has been directed to a calibration element, and calculates properties of the sample from those measurements.
The specification of Kandel describes embodiments that include scanning patterns (paragraph 0028), ghost image removal (paragraph 0031) and hardware for focus & alignment (paragraphs 0032), with paragraph 0036 discussing spectroscopic scatterometry and paragraph 0044 discussing the use of a spectrometer. While Kandel states the invention is intended for use in semiconductor device production (paragraph 0017), that is a statement of intended use and the multitude of embodiments & methodologies given broaden the applicability of the teachings beyond that field.
The examiner’s position is that the inventions share the fundamental concept of ‘shine light at an object and analyze what comes back’ and are therefore of the same field of endeavor. One seeking to improve the invention of Nam would search for terms such as ‘spectrometer’ and ‘calibrate’, would obviously encounter the invention of Kandel and see they could improve the invention of Nam by the teachings of Kandel. As such the Kandel reference is deemed applicable.
Applicant argues on pages 11-12 that there is no motivation to combine Kandel with Nam, as Nam deals with calibration relative to heat buildup (from e.g. the light source, the target), and Kandel deals with tools used for lithography target measurement.
Examiner’s position is that Kandel teaches simultaneous measurement & calibration as a way to obtain fast feedback as to light source performance that can be used to better stabilize the light source (paragraph 0053 “the metrology system may be configured to perform fast feedback to the light source for stabilizing its power and wavelength”), and that this teaching is independent of the purpose of the tools to which it is applied. That is, it improves the invention of Kandel by making the light source more stable, and applying this teaching to Nam would make the light source of Nam more stable. As such, it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to apply the teachings of Kandel to the invention of Nam, in order to produce a more stable light source power & wavelength.
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 3, 5, 8 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 3, 8 recite the limitation "the at least one second factory signal" in lines 6, 6. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, examiner reads the limitation as “the second factory signal”.
Claim 5 recites the limitation “the optical calibration element” in line 14. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, examiner reads the limitation as “the first and second optical calibration elements” as shown in instant Figure 4.
Claim Rejections - 35 USC § 102
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 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 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nam et al (United States Patent Application Publication 20210356322).
As to claim 19, Nam teaches a spectrometer device (paragraph 0056 “The detector 25 may include … a spectrometer”) configured for performing an in-use calibration (paragraph 0076 “additional calibration performed at the time of bio-information estimation”), the spectrometer device comprising:
at least one detector configured for generating at least one first detector signal S.sub.d1 and at least one second detector signal S.sub.d2 (paragraph 0057 “the detector 25 may be configured as one or a plurality of arrays” and Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.”);
a first light emitting element configured for emitting first light (Figure 5, paragraph 0083 “internal light source 24”);
a second light emitting element configured for emitting second light (Figure 2, paragraph 0083 “internal light source 24” and there is a second element 24 to the right of element 25, see also paragraph 0057 “The number and arrangement form of the internal light sources 24 and the detectors 25 are not particularly limited and may be variously modified according to the type of bio-information to be analyzed or the computing performance of the apparatus 100 for estimating bio-information.”);
an optical measurement element configured for receiving the emitted first light and transferring the emitted light to the detector along at least one optical measurement path (Figure 2, paragraph 0061 “cover surface 23”, see Figure 5 where OBJ is on top of that surface, similar to instant Figure 1, element 116),
wherein the optical measurement path comprises at least one reflection from at least one sample (Figure 3, light from element 24 passes through the cover and reflects from the reflective surface, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by … a surface of the object OBJ”);
at least one optical calibration element having different optical properties than the optical measurement element (Figure 2, paragraph 0060 “inner reflective surface 27” and in Figure 3, light from element 24 passes through the cover and reflects from the reflective surface indicating they have different properties), the optical calibration element being configured for receiving the second emitted light and transferring the emitted light to the detector along at least one optical calibration path independent from the optical measurement path (in Figure 7 light is shown as going from source 24 to surface 27 to detector 25, and paragraph 0092 discusses Figure 7 and the right-hand element 27 reflecting light as an additional branch of the calibration path), the optical calibration path comprising at least one interaction with the optical calibration element without an interaction with the sample (Figure 7, light goes from the source 24 to reflective surface 27 to the detector 25 without encountering the OBJ, which is at least one interaction with the first and second optical calibration elements) and
wherein the optical calibration path is arranged within the spectrometer device (Figure 2, paragraph 0061 “The optical sensor 110 may have a cover surface 23 that contacts the object and the inner reflective surface 27 may be disposed on the cover surface 23. In this case, the cover surface 23 may be made of a transparent material, such as glass, so that light emitted from the internal light source 24 and the light reflected by the object can be transmitted. A space 22 between the substrate 21 and the cover surface 23 may be molded.” where the cover 23, walls 26 and substrate 21 define the device);
at least one electronics unit (Figure 1, paragraph 0053 “processor 120”) configured for deriving, from the at least one first detector signal S.sub.d1 and the at least one second detector signal S.sub.d2, at least one calibrated optical property of the at least one sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration”),
wherein the spectrometer device comprises at least two detectors (paragraph 0057 “the detector 25 may be configured as one or a plurality of arrays”),
a detector configured for being illuminated by the emitted light via the at least one optical measurement path and the at least one optical calibration path (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.” indicating the detector is configured for being illuminated from both paths); and
a partition wall having a first side and a second side (Figure 2, paragraph 0059 “partition wall 26”),
wherein the first light emitting device is on the first side (Figure 2, there is a light source 24 is to the left of wall 26), and
wherein the detector, the second light emitting device, and the at least one optical calibration element are disposed on the second side (Figure 2, detector 25, a light source 24 and reflective surface 27 are to the right of the left-hand wall 26).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Nam in view of Kandel et al (United States Patent Application Publication 20110069312).
As to claim 1, Nam teaches an in-use calibration method (paragraph 0005 “a method of calibrating an optical sensor”) for a spectrometer device (paragraph 0056 “The detector 25 may include … a spectrometer”), the method comprising:
providing the spectrometer device (Figure 2, paragraph 0056 “The detector 25 may include … a spectrometer”) comprising at least one optical measurement element (Figure 2, paragraph 0061 “cover surface 23”) and at least one optical calibration element (Figure 2, paragraph 0060 “inner reflective surface 27”) having different optical properties (Figure 3, light from element 24 passes through the cover and reflects from the reflective surface),
wherein the spectrometer device comprises at least two detectors (paragraph 0057 “the detector 25 may be configured as one or a plurality of arrays”),
wherein a first detector of the at least two detectors is configured for being illuminated by emitted light via at least one optical measurement path and wherein a second detector of the at least two detectors is configured for being illuminated by the emitted light via at least one optical calibration path (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.” indicating two measurement paths and because either of the incoming light paths could end up anywhere on the detector, all of the detector has to be able to detect both paths);
providing at least one sample (Figure 5, paragraph 0083 “object OBJ”);
performing at least two measurements using the spectrometer device, wherein one of the measurements is performed with the sample and one of the measurements is performed without the sample (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.”),
wherein performing the measurement with the sample comprises illuminating the first detector of the spectrometer device via the optical measurement path by using the optical measurement element, the optical measurement path comprising at least one reflection at the at least one sample (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by … a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.”);
wherein performing the measurement without the sample comprises illuminating the second detector via the optical calibration path independent from the optical measurement path by using the optical calibration element, the optical calibration path comprising at least one interaction with the optical calibration element without an interaction the sample (Figure 3, paragraph 65 “When the light emitted by the internal light source 24 is reflected by the inner reflective surface 27, the detector 25 may detect the light reflected by the inner reflective surface 27 and the processor 120 may store an optical characteristic of I.sub.r0(λ) detected by the detector 25 as an initial characteristic for the internal light source 24.” and Figure 4, paragraph 0076 “additional calibration performed at the time of bio-information estimation”) and
wherein the optical calibration path is arranged within the spectrometer device, specifically within a housing of the spectrometer device (Figure 2, paragraph 0061 “The optical sensor 110 may have a cover surface 23 that contacts the object and the inner reflective surface 27 may be disposed on the cover surface 23. In this case, the cover surface 23 may be made of a transparent material, such as glass, so that light emitted from the internal light source 24 and the light reflected by the object can be transmitted. A space 22 between the substrate 21 and the cover surface 23 may be molded.” where the cover 23, walls 26 and substrate 21 define a housing);
generating, by the at least two detectors, at least one first detector signal S.sub.d1 according to the measurement without the sample and at least one second detector signal S.sub.d2 according to the measurement with the sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration”); and
deriving at least one calibrated optical property of the at least one sample from the at least one first detector signal S.sub.d1 and the at least one second detector signal S.sub.d2 (paragraph 0084 “calculate a bio-information estimation value”).
While Nam Figure 5 has both measurement and calibration light illustrated, Nam does not explicitly teach wherein the two measurements are performed simultaneously. However, it is known in the art as taught by Kandel. Kandel teaches a metrology system with measurement and calibration paths (Figure 1, paragraph 0053 “the metrology system may perform a method for measuring and optionally calibrating, suppressing, and eliminating spatially correlated, noise, in which a reference part of the light from the light source is directed to a part of the metrology detector (e.g., CCD or camera), without overlapping with the metrology signal“) where the two measurements are performed simultaneously (paragraph 0053 “An advantageous feature of this calibration is that it can take place simultaneously with the signal collection and that it can be used for calibrating the signal collected in the same time interval as the calibration signal.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the two measurements be performed simultaneously, in order to better stabilize the light source power and wavelength (Kandel paragraph 0018 “The metrology system may also include a fast feedback to the light source for stabilizing its power and wavelength.”).
As to claim 2, Nam in view of Kandel teaches everything claimed, as applied above in claim 1, in addition Nam teaches step e) further comprises taking into account at least one item of pre-calibration information of the spectrometer device determined prior to performing the in-use calibration method (paragraph 0075 “the processor 120 may determine that the accuracy of the bio-information estimation is reduced when the bio-information estimation result deviates from a normal range by more than a predetermined threshold or when the number of times the bio-information estimation result deviates from the normal range is greater than a predetermined threshold.”).
As to claim 3, Nam in view of Kandel teaches everything claimed, as applied above in claim 2, in addition Nam teaches the item of pre-calibration information of the spectrometer device comprises at least one factory calibration coefficient C.sub.fc determined by at least one first factory signal S.sub.d0 and a second factory signal S.sub.c0, wherein the at least one first factory signal S.sub.d0 is generated by the at least two detectors according to a factory-measurement performed with a reference sample having at least one known optical property (paragraph 0063 “In order to increase the accuracy of bio-information estimation, the processor 120 may perform initial calibration at the time of manufacture of the apparatus 100 for estimating bio-information”, paragraph 0064 “FIG. 3 is a diagram for describing initial calibration.” and Figure 3 shows light from the source to the sample 31, and from the source to the reflective surface 27, resulting in the claimed two factory signals), and
wherein the [[at least one]] second factory signal S.sub.c0 is generated by the at least two detectors according to a factory-measurement performed without the reference sample, wherein <equation> (where the claimed equation is a ratio of the signals, and paragraph 0069 teaches “The processor 120 may acquire a ratio between the acquired optical characteristic I.sub.spec(λ) of the light reflected by the outer reflective surface and the initial optical characteristic I.sub.r0(λ) of the light reflected by the inner reflective surface 27 as the spectral transmission constant.”).
As to claim 4, Nam in view of Kandel teaches everything claimed, as applied above in claim 2, in addition Nam teaches the calibrated optical property of the at least one sample is an optical absorbance A of the sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration, and calculate a bio-information estimation value using the absorbance.”), wherein <equation> (the claimed equation is not patentably different from Nam equation 3).
Claims 5-10, 13-15, 17-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nam.
As to claim 5, Nam teaches a spectrometer device (paragraph 0056 “The detector 25 may include … a spectrometer”) configured for performing an in-use calibration (paragraph 0076 “additional calibration performed at the time of bio-information estimation”), the spectrometer device comprising:
at least one detector configured for generating at least one first detector signal S.sub.d1 and at least one second detector signal S.sub.d2 (paragraph 0057 “the detector 25 may be configured as one or a plurality of arrays” and Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.”);
at least one light emitting element configured for emitting light (Figure 2, paragraph 0083 “internal light source 24”);
an optical measurement element configured for receiving the emitted light and transferring the emitted light to the detector along at least one optical measurement path (Figure 2, paragraph 0061 “cover surface 23”, see Figure 5 where OBJ is on top of that surface, similar to instant Figure 1, element 116),
wherein the optical measurement path comprises at least one reflection at at least one sample (Figure 3, light from element 24 passes through the cover and reflects from the reflective surface, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by … a surface of the object OBJ”);
a first optical calibration element and a second optical calibration element (Figure 2, paragraph 0060 “inner reflective surface 27”, there are two elements 27) having different optical properties than the optical measurement element (in Figure 3, light from element 24 passes through the cover and reflects from the reflective surface indicating they have different properties), the first optical calibration element and the second calibration optical element being configured for receiving the emitted light and transferring the emitted light to the detector along at least one optical calibration path independent from the optical measurement path (in Figure 7 light is shown as going from source 24 to surface 27 to detector 25, and paragraph 0092 discusses Figure 7 and the right-hand element 27 reflecting light as an additional branch of the calibration path), the optical calibration path comprising at least one interaction with the [first and second] optical calibration element[s] without an interaction with the sample (Figure 7, light goes from the source 24 to reflective surface 27 to the detector 25 without encountering the OBJ, which is at least one interaction with the first and second optical calibration elements) and
wherein the optical calibration path is arranged within the spectrometer device (Figure 2, paragraph 0061 “The optical sensor 110 may have a cover surface 23 that contacts the object and the inner reflective surface 27 may be disposed on the cover surface 23. In this case, the cover surface 23 may be made of a transparent material, such as glass, so that light emitted from the internal light source 24 and the light reflected by the object can be transmitted. A space 22 between the substrate 21 and the cover surface 23 may be molded.” where the cover 23, walls 26 and substrate 21 define the device);
at least one electronics unit (Figure 1, paragraph 0053 “processor 120”) configured for deriving, from the at least one first detector signal S.sub.d1 and the at least one second detector signal S.sub.d2 at least one calibrated optical property of the at least one sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration”),
wherein the spectrometer device comprises at least two detectors (paragraph 0057 “the detector 25 may be configured as one or a plurality of arrays”),
wherein a first detector of the at least two detectors is configured for being illuminated by the emitted light via the at least one optical measurement path and wherein a second detector of the at least two detectors is configured for being illuminated by the emitted light via the at least one optical calibration path (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.” indicating the detector is configured for being illuminated from both paths); and
a partition wall having a first side and a second side (Figure 2, paragraph 0059 “partition wall 26”),
wherein the light emitting element and the first optical calibration element are on the first side (Figure 2, light source 24 and part of reflective surface 27 are to the left of wall 26), and
wherein the detector and the second optical calibration element are disposed on the second side (Figure 2, detector 25 and reflective surface 27 are to the right of wall 26).
While Nam Figure 2 does not teach the entirety of reflective surface 27 is to the left of wall 26, the examiner’s position is that there exists part of the reflective surface to the left of the wall, and as the arrows of the Figures indicate a light source that spreads out, an obvious interpretation is that part of the light from the source is reflected by the part of the surface to the left of the wall. As you could take away the part of the surface to the right of the wall and not change the principles of operation of Nam, the element 27 can be interpreted as two sections, ‘reflective surface to the left of the wall’ and ‘reflective surface to the right of the wall’, with the first section reading on the claimed first optical calibration element.
As to claim 6, Nam teaches everything claimed, as applied above in claim 5, in addition the spectrometer device is configured for performing an in-use calibration method (paragraph 0076 “additional calibration performed at the time of bio-information estimation”).
As to claim 7, Nam teaches everything claimed, as applied above in claim 5, in addition the electronics unit is configured for communicating with at least one data storage element having stored thereon at least one predetermined item of pre-calibration information of the spectrometer device (paragraph 0075 “the processor 120 may determine that the accuracy of the bio-information estimation is reduced when the bio-information estimation result deviates from a normal range by more than a predetermined threshold or when the number of times the bio-information estimation result deviates from the normal range is greater than a predetermined threshold.”).
As to claim 8, Nam teaches everything claimed, as applied above in claim 7, in addition the item of pre-calibration information of the spectrometer device comprises at least one factory calibration coefficient C.sub.fc determined by at least one first factory signal S.sub.d0 and a second factory signal S.sub.c0, wherein the at least one first factory signal S.sub.d0 is generated by the detector according to a factory-measurement performed with a reference sample having at least one known optical property (paragraph 0063 “In order to increase the accuracy of bio-information estimation, the processor 120 may perform initial calibration at the time of manufacture of the apparatus 100 for estimating bio-information”, paragraph 0064 “FIG. 3 is a diagram for describing initial calibration.” and Figure 3 shows light from the source to the sample 31, and from the source to the reflective surface 27, resulting in the claimed two factory signals), and
wherein the [[at least one]] second factory signal S.sub.c0 is generated by the detector according to a factory-measurement performed without the reference sample, wherein <equation> (paragraph 0069 “The processor 120 may acquire a ratio between the acquired optical characteristic I.sub.spec(λ) of the light reflected by the outer reflective surface and the initial optical characteristic I.sub.r0(λ) of the light reflected by the inner reflective surface 27 as the spectral transmission constant.”, and the claimed equation is a ratio of the signals).
As to claim 9, Nam teaches everything claimed, as applied above in claim 7, in addition the calibrated optical property of the at least one sample is an optical absorbance A of the sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration, and calculate a bio-information estimation value using the absorbance.”),
wherein the electronics unit is configured for determining the optical absorbance by performing the following calculation <equation> (the claimed equation is not patentably different from Nam equation 3).
As to claim 10, Nam teaches everything claimed, as applied above in claim 5, in addition the optical measurement element (Figure 2, element 23) is arranged separated from the detector (Figure 2, element 25) by a first transparent gap (see Figure 3, where light from source 24 goes through space 22 and is reflected by surface 31) and wherein the optical calibration element (Figure 2, element 27) is arranged separated from the detector by a second transparent gap (Figure 2, light from source 24 is reflected to detector 25). While Nam does not explicitly teach the gaps are transparent, paragraph 0061 indicates “A space 22 between the substrate 21 and the cover surface 23 may be molded.” indicating an empty and therefore transparent space).
As to claim 13, Nam teaches everything claimed, as applied above in claim 5, in addition the optical calibration element is one or more of a reflector (Figure 2, paragraph 0060 “inner reflective surface 27”), a metal layer, or a mirror, and wherein the optical measurement element is a transparent window (Figure 2, paragraph 0061 “cover surface 23”, see Figure 5 where light passes through this layer to reflect off OBJ).
As to claim 14, the method would flow from claim 5, in addition Nam teaches using the spectrometer device in an application selected from the group consisting of an infrared detection application; a spectroscopy application; an exhaust gas monitoring application; a combustion process monitoring application; a pollution monitoring application; an industrial process monitoring application; a mixing or blending process monitoring; a chemical process monitoring application; a food processing process monitoring application; a food preparation process monitoring; a water quality monitoring application; an air quality monitoring application; a quality control application; a temperature control application; a motion control application; an exhaust control application; a gas sensing application; a gas analytics application; a motion sensing application; a chemical sensing application; a mobile application; a medical application; a mobile spectroscopy application; a food analysis application; an agricultural application, a plastics identification and/or recycling application; and a healthcare and/or beauty application (paragraph 0128 “FIG. 15 is a diagram illustrating a smart device, to which example embodiments of the apparatus 100 or 800 for estimating bio-information are applied.”, which reads on ‘a spectroscopy application’, ‘a mobile application’, a medical application’, ‘a mobile spectroscopy application’ and ‘healthcare application’).
As to claim 15, Nam teaches everything claimed, as applied above in claim 5, in addition the at least one light emitting element is a light emitting diode (LED) configured for emitting light (Figure 2, paragraph 0057 describes light source 24 as “a plurality of LED arrays”).
While Nam does not explicitly teach “a” single LED, Nam paragraph 0057 teaches “The number and arrangement form of the internal light sources 24 and the detectors 25 are not particularly limited and may be variously modified”, and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a single LED as the light source, in order to reduce the cost and complexity of the device.
As to claims 17-18, the methods would flow from claim 5.
Examiner’s Note: Claim 14 above is rejected by making a choice from the listed types of applications and applying the Nam reference as teaching that use. Claims 17 and 18 further limit certain types of applications, but do not restrict the choice of types of applications. As such, the more detailed limitations directed to agricultural and healthcare applications do not affect the choice of, e.g. “a mobile application” and applying Nam’s teachings of a wristband smart device (Figure 15) to that use. Therefore, claims 17-18 are rejected by the same art as applied to claim 14.
As to claim 20, Nam teaches everything claimed, as applied above in claim 5, in addition the partition wall includes an opening aligned with the first optical calibration element and the second optical calibration element, and the at least one optical calibration path extends through the opening (Figure 7, the left-hand wall 26 has an opening at the top that is aligned with the light source 24, and a branch of the calibration path extends through the opening).
Claims 11, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nam, and further in view of Chraplyvy (United States Patent 421997).
As to claim 11, Nam teaches everything claimed, as applied above in claim 5, with the exception of the optical measurement element and the optical calibration element are arranged separately from each other. However, it is known in the art as taught by Chraplyvy. Chraplyvy teaches a spectrometer (column 1:5 “This invention relates to a laser spectrometer”) in which the optical measurement element and the optical calibration element are arranged separately from each other (Figure 1 shows a reference path from elements 14, 16, 18, 20 to detector 38, and a sample path from elements 14, 24, sample 26, 22 to detector 38, teaching the concept of ‘separate paths with different optical elements in separate locations’ which when applied to the invention of Nam would have a gap between Nam Figure 2 elements 23 and 27). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the optical measurement element and the optical calibration element are arranged separately from each other, in order to more easily apply different modifications to the different optical paths.
As to claim 16, Nam teaches everything claimed, as applied above in claim 5, with the exception of the optical measurement element and the optical calibration element are arranged in separate locations such that a gap exists between the optical measurement element and the optical calibration element. However, it is known in the art as taught by Chraplyvy. Chraplyvy teaches the optical measurement element and the optical calibration element are arranged in separate locations such that a gap exists between the optical measurement element and the optical calibration element (Figure 1 shows a reference path from elements 14, 16, 18, 20 to detector 38, and a sample path from elements 14, 24, sample 26, 22 to detector 38, teaching the concept of ‘separate paths with different optical elements in separate locations’ which when applied to the invention of Nam would have a gap between Nam Figure 2 elements 23 and 27). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the optical measurement element and the optical calibration element are arranged in separate locations such that a gap exists between the optical measurement element and the optical calibration element, in order to more easily apply different modifications to the different optical paths.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Nam, in further view of Weidman (United States Patent Application Publication 20190317013).
As to claim 12, Nam teaches everything claimed, as applied above in claim 5, with the exception of the light emitting element is an active optical element configured for switching at least between emitting light along the optical measurement path and emitting light along the optical calibration path. However, it is known in the art as taught by Weidman. Weidman teaches a spectrometer (paragraph 0016 “The invention also provides … a spectrometer”) with in-use calibration (paragraph 0005 “enable quasi real time baseline cancelation and permanent multi-point on board concentration calibration of the spectrometer”) in which the light emitting element is an active optical element configured for switching at least between emitting light along the optical measurement path and emitting light along the optical calibration path (Figure 1, paragraph 0034 “ As well as switching the path to each of the absorption volumes, the first and second path optics 14, 20 may be arranged to switch the path to one or more open paths which do not include any absorption volume. Such open paths may be used for example to provide calibration or stability monitoring data.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the light emitting element is an active optical element configured for switching at least between emitting light along the optical measurement path and emitting light along the optical calibration path, in order to better support detection within the dynamic range of a single detector element.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARREAS UNDERWOOD whose telephone number is (571)272-1536. The examiner can normally be reached M-F 0600-1400 EST.
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, Michelle Iacoletti can be reached at (571) 2705789. 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.
/J.C.U/Examiner, Art Unit 2877 /MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
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