DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Amendment
2. The amendment filed on 05/11/2026 has been entered into this application.
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 1-3, 5-10 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over GB2572707A by Tetsuya (hereinafter Tetsuya) in view of US Patent Pub. No. 2002/0127563 A1 by Salafsky (hereinafter Salafsky).
Regarding Claim 1, Tetsuya teaches a particle characterisation instrument (Fig. 1 @ 100, Abstract, Par. [0020]), comprising:
a sample cell (Fig. 1 @ 10, Par. [0020]) for holding a sample (Fig. 1 @ X, Par. [0020]) comprising particles suspended in diluent fluid (Par. [0020]),
a light source (Fig. 1 @ 31, Par. [0024]) configured to illuminate the sample with a light beam (Fig. 1 @ L, Par. [0024]), thereby producing scattered light from the interaction of the light beam with the particles (Abstract, Par. [0008, 0014, 0020]);
a light detector (Fig. 1 @ 43, Par. [0026]) configured to detect the scattered light (Par. [0026]) and to output scattering data indicative of the diffusion coefficient of the particles in the diluent (Par. [0020, 0027-0-028]);
a processor configured to determine a property of the particles from the scattering data (Par. [0010, 0020, 0027-0-028], Claim 2);
a temperature sensor (Fig. 1 @ 5, Abstract, Par. [0026]) in conductive thermal contact (Fig. 1 @ 5, 10, illustrates such configuration) with the wall of the sample cell (Fig. 1 @ 10, Par. [0020]) and at a distance of less than 5mm (Par. [0008-0009, [0030]: Although, as the temperature sensor 5, one using a thermistor or a platinum resistance temperature detector, or the like can be cited, here a thermocouple 51 is used, and the temperature measuring junction of the thermocouple 51 is provided near the above-described drop area R to make it possible to detect the temperature of the drop area R. The thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R (Fig. 2 @ a1, 51, R) thus a distance of less than 5mm can be anticipated because Tetsuya teaches thermocouple 51 is provided near the above-described drop area R and thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R and also the drawing illustrates temperature sensor (Fig. 1, 2 @ 5, 51) is very close to the sample (Fig. 1, 2 @ X, R)) from the sample (Fig. 1 @ X, Par. [0020]) (Also see Fig. 4 @ 5, X, illustrates sensor 5 very close to the sample X. Fig. 9 @ 5, 51, X);
wherein the processor (Fig. 1 @ C, Par. [0020]) is configured to use the output of the temperature sensor in determining the property of the particles such that the property of the particles determined by the processor is responsive to an output from the temperature sensor (Par. [0002, 0010, 0032, 0036], Claim 2) but does not explicitly teach wherein the sample cell comprises an optical component defining a wall of the sample cell and the optical component comprises an optical prism configured to refract a light beam into the sample;
a distance of less than 5mm.
However, Salafsky teaches the sample cell comprises an optical component defining a wall of the sample cell and the optical component comprises an optical prism configured to refract a light beam (Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305]) into the sample (Fig. 2 @ 80, 85, Par. [0232], Fig. 15B @ 485, Par. [0305]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tetsuya by Salafsky such that the sample cell comprises an optical component defining a wall of the sample cell and the optical component comprises an optical prism configured to refract a light beam into the sample is accomplishes in order to allow total internal reflection at the interface containing the probes (SalafSky, Par. [0232, 0305]).
Still lacking limitation such as: a distance of less than 5mm.
However, it is well known to make elements of a system adjustable, where adjustability is needed such that a temperature sensor at a distance of less than 5mm from the sample in order to optimize the system configuration in order to obtain a predictable result. It has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Regarding Claim 2, Tetsuya teaches the temperature sensor (Fig. 1, 5 @ 5, Abstract, Par. [0026]) is disposed in a recess or through hole defined in the optical component (Fig. 1 @ 5, Fig. 5 @ 10h, holes, illustrates the recess or through hole defined in the optical component. Also see Claim 1 rejection).
Regarding Claim 3, Tetsuya teaches the recess or through hole and the temperature sensor and the optical component (See Claim 2 rejection) but does not explicitly teach a thermally conductive potting compound disposed in the recess or through hole and in contact with the temperature sensor and the optical component.
However, it would have been an obvious matter of design choice to use a thermally conductive potting compound in order to protect sensitive electronic components from overheating and it appears that the invention would perform equally well with the temperature sensor and the optical component as cited by the reference. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding Claim 5, Tetsuya as modified by Salafsky teaches the wall (See Claim 1 rejection) comprises an inner surface (Salafsky, Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305]), bottom surface of the prism illustrates as inner surface) in contact with the sample (Tetsuya, Fig. 1, 6 @ X, Par. [0020], Salafsky, Fig. 2 @ 80, 85, Par. [0232], Fig. 15B @ 485, Par. [0305]), and:
i) the optical prism (Salafsky, Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305]) comprises a first surface (Salafsky, Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305], entering the beam is the first surface) through which the light beam enters the prism (Salafsky, Fig. 2 @ 70 (w), Par. [0232], Fig. 15B @ 490 (w1), Par. [0305], illustrates such configuration), and a second surface (Salafsky, Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305]), bottom surface of the prism is the second surface) in contact with the sample (Tetsuya, Fig. 1, 6 @ X, Par. [0020], Salafsky, Fig. 2 @ 80, 85, Par. [0232], Fig. 15B @ 485, Par. [0305]), wherein the first surface is at an angle of between 10 and 80 degrees to the second surface (Salafsky, Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305]), illustrates such configuration); and/or
ii) the optical prism (Salafsky, Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305]) may be configured to refract the light beam into the sample so that the light beam in the sample is at an angle of less than 10 degrees to the second surface (Salafsky, Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305]), illustrates such configuration).
Regarding Claim 6, Tetsuya teaches the light detector (Fig. 1 @ 43, Par. [0026]) is configured to receive scattered light along a detection optical path (Fig. 1 @ X to 43), and the intersection between the detection optical path and the illuminating light beam define a scattering region (Fig. 1 @ X, Fig. 2 @ R, illustrates the scattering region), and the temperature sensor is at a distance of less than 20mm from the scattering region (Par. [0008-0009, [0030]: Although, as the temperature sensor 5, one using a thermistor or a platinum resistance temperature detector, or the like can be cited, here a thermocouple 51 is used, and the temperature measuring junction of the thermocouple 51 is provided near the above-described drop area R to make it possible to detect the temperature of the drop area R. The thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R (Fig. 2 @ a1, 51, R) thus a distance of less than 20mm from the scattering region can be anticipated because Tetsuya teaches thermocouple 51 is provided near the above-described drop area R and thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R and also the drawing illustrates temperature sensor (Fig. 1, 2 @ 5, 51) is very close to the sample (Fig. 1, 2 @ X, R)), and at a distance of at least 5mm from the scattering region (Par. [0008-0009, [0030]: Although, as the temperature sensor 5, one using a thermistor or a platinum resistance temperature detector, or the like can be cited, here a thermocouple 51 is used, and the temperature measuring junction of the thermocouple 51 is provided near the above-described drop area R to make it possible to detect the temperature of the drop area R. The thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R (Fig. 2 @ a1, 51, R) thus a distance of at least 5mm from the scattering region can be anticipated because Tetsuya teaches thermocouple 51 is provided near the above-described drop area R and thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R and also the drawing illustrates temperature sensor (Fig. 1, 2 @ 5, 51) is very close to the sample (Fig. 1, 2 @ X, R)) but does not explicitly teach a distance of less than 20mm and optionally a distance of at least 5mm.
However, it is well known to make elements of a system adjustable, where adjustability is needed such that a temperature sensor at a distance of less than 20mm and optionally a distance of at least 5mm from the scattering region in order to optimize the system configuration in order to obtain a predictable result. It has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Regarding Claim 7, Tetsuya teaches the light detector is configured to receive scattered light along a detection optical path (See Claim 6 rejection), and the temperature sensor at an offset of at least 5mm from the detection optical path (Par. [0008-0009, [0030]: Although, as the temperature sensor 5, one using a thermistor or a platinum resistance temperature detector, or the like can be cited, here a thermocouple 51 is used, and the temperature measuring junction of the thermocouple 51 is provided near the above-described drop area R to make it possible to detect the temperature of the drop area R. The thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R (Fig. 2 @ a1, 51, R) thus an offset of at least 5mm from the detection optical path can be anticipated because Tetsuya teaches thermocouple 51 is provided near the above-described drop area R and thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R and also the drawing illustrates temperature sensor (Fig. 1, 2 @ 5, 51) is very close to the sample (Fig. 1, 2 @ X, R)) but does not explicitly teach an offset of at least 5mm.
However, it is well known to make elements of a system adjustable, where adjustability is needed such that a temperature sensor at an offset of at least 5mm from the detection optical path in order to optimize the system configuration in order to obtain a predictable result. It has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Regarding Claim 8, Tetsuya teaches the wall of the sample cell comprises or consists of a silicate glass (Par. [0022]).
Regarding Claim 9, Tetsuya teaches the wall of the sample cell consists of transparent material (Par. [0022]: glass which is a transparent material) with a refractive index, n, of at least 1.5 at a wavelength of 500nm (inherently teaches. Note: The refractive index of glass at a wavelength of 500 nm (green light) is typically around 1.51 to 1.52. While n≈1.50n is frequently used in general physics problems).
Regarding Claim 10, Tetsuya teaches the particle characterisation instrument is configured to perform nanoparticle tracking analysis, NTA or dynamic light scattering, DLS (Abstract: scattered light thus teaches the limitation).
Regarding Claim 13, Tetsuya teaches a device (Fig. 1 @ 100, Abstract, Par. [0020]) comprising:
a temperature sensor (Fig. 1 @ 5, Abstract, Par. [0026]) disposed conductivity coupled (Fig. 1 @ 5, 10 and Fig. 6 @ 15, integrated together illustrate such configuration) to the surface (Fig. 6 @ 15, Par. [0047]: the measurement cell 10 may be provided with a covering member 15 that is provided so as to cover the concave part 14 to prevent the outflow of the measurement sample X, such as a glass plate) and within 5mm of the surface (Par. [0008-0009, [0030]: Although, as the temperature sensor 5, one using a thermistor or a platinum resistance temperature detector, or the like can be cited, here a thermocouple 51 is used, and the temperature measuring junction of the thermocouple 51 is provided near the above-described drop area R to make it possible to detect the temperature of the drop area R. The thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R (Fig. 2 @ a1, 51, R) thus within 5mm of the surface can be anticipated because Tetsuya teaches thermocouple 51 is provided near the above-described drop area R and thermocouple 51 is extended from the respective cell side terminals a1 toward the drop area R and also the drawing illustrates temperature sensor (Fig. 1, 2 @ 5, 51) is very close to the sample (Fig. 1, 2 @ X, R)) but does not explicitly teach an optical component with a surface, wherein the optical component comprises an optical prism configured to refract a light beam into a sample;
within 5mm of the surface.
However, Salafsky teaches an optical component with a surface, the optical component comprises an optical prism configured to refract a light beam (Fig. 2 @ 70, Par. [0232], Fig. 15B @ 490, Par. [0305]) into a sample (Fig. 2 @ 80, 85, Par. [0232], Fig. 15B @ 485, Par. [0305]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tetsuya by Salafsky such that an optical component with a surface, the optical component comprises an optical prism configured to refract a light beam into a sample is accomplishes in order to allow total internal reflection at the interface containing the probes (SalafSky, Par. [0232, 0305]).
Still lacking limitation such as: within 5mm of the surface.
However, it is well known to make elements of a system adjustable, where adjustability is needed such that a temperature sensor disposed within 5mm of the surface in order to optimize the system configuration in order to obtain a predictable result. It has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Regarding Claim 14, Tetsuya as modified by Salafsky teaches a method of characterising particles (See Claim 1 rejection. Note: an apparatus claim can be used to implement a method claim) comprising:
illuminating a sample comprising particles suspended in a diluent fluid with a light beam so as to create scattered light by the interaction of the light beam with the particles, wherein the sample cell comprises an optical component defining a wall of the sample cell and the optical component comprises an optical prism configured to refract a light beam into the sample (See Claim 1 rejection);
detecting the scattered light with a light detector to produce scattering data indicative of the diffusion coefficient of the particles in the diluent (See Claim 1 rejection);
processing the scattering data to determine a property of the particles from the scattering data (See Claim 1 rejection);
measuring the temperature of the sample using a temperature sensor in conductive thermal contact with a wall of a sample cell containing the sample, the temperature sensor at a distance of less than 5mm from the sample (See Claim 1 rejection);
wherein the processing of the scattering data uses an output from the temperature sensor in determining the property of the particles such that the determined property of the particles is responsive to an output from the temperature sensor (See Claim 1 rejection).
5. Claims 11-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tetsuya in view of Salafsky as applied to Claim 1 above and further in view of CN207263637U by Chen et al. (hereinafter Chen).
Regarding Claim 11, Tetsuya as modified by Salafsky teaches the sample cell (See Claim 1 rejection) but does not explicitly teach an ambient temperature sensor, at least 10mm away from the sample cell and configured to measure an ambient temperature in the region of the sample cell.
However, Chen teaches an ambient temperature sensor (Specific executing examples: the temperature sensor module 5 comprises a transformer oil temperature sensor 5 and ambient temperature sensor 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tetsuya as modified by Salafsky by Chen such that an ambient temperature sensor, configured to measure an ambient temperature in the region of the sample cell is accomplished in order to detect environmental temperature (Chen, Specific executing examples: the temperature sensor module 5 comprises a transformer oil temperature sensor 5 and ambient temperature sensor 5, at the same time detecting the transformer oil and environmental temperature, so that the subsequent data analysis and processing accuracy is higher).
Still lacking limitation such as at least 10mm away from the sample cell.
However, it is well known to make elements of a system adjustable, where adjustability is needed such that an ambient temperature sensor, at least 10mm away from the sample cell in order to optimize the system configuration in order to obtain a predictable result. It has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Regarding Claim 12, Tetsuya as modified by Salafsky teaches temperature sensor (See Claim 1 rejection) but does not explicitly teach i) the processor is configured to receive the ambient temperature and determine a sample temperature responsive to both the output of the temperature sensor and the ambient temperature; and/or
ii) the instrument comprises a thermal regulator operable to control the temperature of the sample, and the instrument is operable in an ambient corrected temperature mode, in which the thermal regulator is used to match the temperature of the sample to the temperature measured by the ambient temperature sensor.
However, Chen teaches i) the processor is configured to receive the ambient temperature and determine a sample temperature responsive to both the output of the temperature sensor and the ambient temperature (Specific executing examples: the temperature sensor module 5 comprises a transformer oil temperature sensor 5 and ambient temperature sensor 5, at the same time detecting the transformer oil and environmental temperature, so that the subsequent data analysis and processing accuracy is higher thus teaches the limitation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tetsuya as modified by Salafsky by Chen such that the processor is configured to receive the ambient temperature and determine a sample temperature responsive to both the output of the temperature sensor and the ambient temperature is accomplished in order to make the analysis and processing accuracy is higher (Chen, Specific executing examples: the temperature sensor module 5 comprises a transformer oil temperature sensor 5 and ambient temperature sensor 5, at the same time detecting the transformer oil and environmental temperature, so that the subsequent data analysis and processing accuracy is higher).
Regarding Claim 15, Tetsuya as modified by Salafsky as modified by Chen teaches i) receiving a measure of ambient temperature and determining a sample temperature responsive to both the output of the temperature sensor and the ambient temperature (See Claim 12 (i) rejection); and/or
ii) using a thermal regulator operable to match the temperature of the sample to an ambient air temperature.
Response to Arguments
6. Applicant’s arguments filed on 05/11/2026 with respect to claims 1, 13 and 14 have been considered but they are moot due to the new grounds of rejection.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIL AHMED whose telephone number is (571)272-1950. The examiner can normally be reached on M-F: 9:00 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached on 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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/JAMIL AHMED/ Primary Examiner, Art Unit 2877
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