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 Objections
Claims 5 and 14 are objected to because of the following informalities:
Claim 5, Line 4- The Examiner assumes that “Raman.” should actually be --Raman spectrum.--.
Claim 14, Line 4- The Examiner assumes that “the Raman.” should actually be --the Raman spectrum.--.
Appropriate correction is required.
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 7 and 16 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.
Claim 7 recites the limitation "the water column" in Line 3. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner this limitation to be --a water column in the body of water--.
Claim 16 recites the limitation "the fluid medium column" in Lines 3-4. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner this limitation to be --a fluid medium column in the body of fluid medium--.
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.
Claims 1, 3, 5, 10, 12, 14-15, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matousek et al. (US 2018/0188117), hereinafter Matousek.
Claims 1,10: Matousek discloses a system (20, Fig. 1) for determining vibrational Raman spectra of a medium (10) at multiple depths, comprising:
a collimated light source (22) (near infrared laser [0046]) configured to illuminate a body of the medium (10), wherein collimated light (at 14) from the light source (22) is at least partially scattered by the medium (10) so as to generate scattered light (at 16) directed out of the body of the medium (10) [0044];
a light receiving element (26) configured to collect the scattered light directed out of the body of the medium (10) [0044];
at least one dispersing element (implicit) configured to disperse the collected scattered light to generate at least a Raman spectrum (“The spectral analyser 28 may be provided in various ways such as using a spectrometer such as a dispersive spectrometer” [0046]);
at least one detector array (28) configured to receive and detect at least the Raman spectrum resulting from the dispersed scattered light [0045]; and
a processing circuit (30) operatively connected to the detector array (28) and configured at least to generate at least a temperature profile with respect to depth of the body of the medium (10) (“Embodiments of the invention may be arranged to determine temperature… at each of multiple depths or depth profiles” [0060]) in response to the Raman spectrum resulting from the dispersed scattered light [0052], wherein the scattered light directed out of the body of the medium (10) is scattered in response to characteristics of the body of the medium (10) or air including at least one of depth, temperature, water salinity ,water freshness, water phase, and other substances with emissions that can be detected within the spectral range of the instrument (inherent to Raman scattering: “The wavelength shift… from the wavelength of the photon before Raman scattering is dependent on the identity of the molecule from which the photon is scattered” [0048]).
Matousek discloses wherein the medium is a fluid (202) [0080], but does not explicitly disclose wherein the fluid is water.
However, language in an apparatus or product claim directed to the function, operation, intended use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See, e.g., In re Rishoi, 197 F.2d 342, 344-45 (CCPA 1952); In re Otto, 312 F.2d 937, 939-40 (CCPA 1963); In re Ludtke, 441 F.2d 660, 663-64 (CCPA 1971); In re Yanush, 477 F.2d 958, 959 (CCPA 1973).
Therefore, it is evident that Matousek’s system would operate in the same way and with the same structure, when the fluid medium is water.
Claims 3,12: Matousek further discloses:
an image plane (at the front face of camera 126) configured to receive the Raman spectrum resulting from the dispersed scattered light generated by the dispersing element (inherent element in spectrometer 124), wherein the detector element (126) is operatively connected to receive the dispersed scattered light imaged on the image plane [0068] (Fig. 4 provides an experimental arrangement for the invention, whereas Fig. 1 provides the schematics of the invention).
Claims 5,14: Matousek further discloses wherein the processing circuit (30) includes a display (42) operatively connected and configured to at least generate a graphical representation of the temperature profile with respect to depth of the body of water (10) in response to the Raman spectrum (“The determined temperature(s) or temperature profile(s) may also be presented to a user on the display 42” [0052]).
Claim 15: Matousek discloses a method (using system 20, Fig. 1) for remote sensing of a temperature of a medium (10) (the medium is a fluid (202) [0080]) at different ranges by analysis of the Raman spectra emitted by different ranges, comprising the steps of:
providing a Raman spectra detecting device including at least a collimated light source (22) (near infrared laser [0046]) configured to illuminate a body of a medium (10), a dispersing element (implicit: “The spectral analyser 28 may be provided in various ways such as using a spectrometer such as a dispersive spectrometer” [0046]) configured to disperse scattered light, and a detector array (28) [0044-0045];
directing the collimated light source (22) at the body of the medium so as to generate light scattered (at 16) by and directed out of the body of the medium (10) [0044];
receiving (at 26) and dispersing the scattered light in the dispersing element to generate a Raman spectrum (“The spectral analyser 28 may be provided in various ways such as using a spectrometer such as a dispersive spectrometer” [0046]) [0044];
detecting (at 28) the Raman spectrum resulting from the dispersed scattered light [0045];
generating at least a temperature profile of the body of the medium (10) (“Embodiments of the invention may be arranged to determine temperature… at each of multiple depths or depth profiles” [0060]) in response to the Raman spectrum resulting from the dispersed scattered light [0052], wherein the scattered light directed out of the body of the medium (10) is scattered in response to characteristics of the body of water including at least one of depth, temperature, water salinity, water freshness, water phase, and other constituent concentrations (inherent to Raman scattering: “The wavelength shift… from the wavelength of the photon before Raman scattering is dependent on the identity of the molecule from which the photon is scattered” [0048]).
Claim 17: Matousek further discloses wherein the step of generating at least a temperature profile of the body of water includes determining temperatures at the different ranges by simultaneous measurement of Raman spectra and incorporating supplemental information from external sources (“Alternatively or additionally a surface temperature determined in another manner in combination with spectral features from the sample surface could be used to provide reference intensities” [0051]).
Claim 18: Matousek further discloses wherein the step of generating at least a temperature profile of the body of fluid medium or trace amounts of fluid medium in air includes determining temperatures at the different ranges by a form of analytical or numerical or machine learning solutions (“mathematical techniques may be used by the processor 30… to determine temperature during monitoring or operation. For example, a technique using a method of partial least squares” [0050]).
Claims 6-7 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caputo et al. (US 4,123,160, disclosed in IDS 14 August 2024), hereinafter Caputo.
Claims 6,15: Caputo method (using the system of Fig. 8) for remote sensing of water temperature at different ranges by analysis of the Raman spectra emitted by different ranges (Col. 1, Lines 8-13), comprising the steps of:
providing a Raman spectra detecting device including at least a collimated light source (80) configured to illuminate a body of water (12) (as seen in Fig. 1), a dispersing element (98/100) configured to disperse scattered light, and a detector array (102/104) (Col. 7, Line 51 - Col. 8, Line 1);
directing the collimated light source (14, Fig. 1) at the body of water (12) so as to generate light scattered by and directed out of the body of water (12) (Col. 2, Lines 35-41);
receiving and dispersing the scattered light in the dispersing element (98/100) to generate a Raman spectrum (Col. 7, Line 65 - Col. 8, Line 1);
detecting (at 102/104) the Raman spectrum resulting from the dispersed scattered light (Col. 7, Line 65 - Col. 8, Line 1);
generating at least a temperature profile of the body of water (12) in response to the Raman spectrum resulting from the dispersed scattered light (Col. 8, Lines 3-14), wherein the scattered light directed out of the body of water (12) is scattered in response to characteristics of the body of water (12) including at least one of depth, temperature, water salinity, water freshness, water phase, and other constituent concentrations (inherent to Raman scattering: “The Raman backscatter return signal 22 is the result of a phenomonon observed in the scattering of light on passage through a material medium whereby the light suffers a change in frequency and a random alteration in phase”, Col. 2, Lines 42-46).
Claims 7,16: Caputo further discloses wherein the step of generating at least a temperature profile of the body of water includes determining temperatures at the different ranges by simultaneous measurement of Raman spectra from each depth in a water column in the body of water (Col. 5, Lines 32-35).
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.
Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Matousek as applied to claims 1 and 10 above, and further in view of Speck et al. (US 2019/0234808, disclosed in IDS 14 August 2024), hereinafter Speck.
Claims 2,11: Matousek discloses the use of a “suitable optical filter” to receive the scattered light and detect particular spectral features in the collected light [0046], and also discloses a bandpass filter (114) to deliver a cleaner probe light spectrum to the body of the medium (10) [0068], but does not explicitly disclose a bandpass filter configured to receive the scattered light.
Speck, however, in the same field of endeavor of spatially resolved temperature measurements, discloses a system (Fig. 2) for determining vibrational Raman spectra of water (21) at multiple depths [0021], wherein the system comprises:
a bandpass filter (52) configured to receive scattered light and to reduce background illumination therefrom (Fig. 3) [0025].
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 Matousek’s system with a bandpass filter to receive the scattered light for the purpose of “enable[ing] correction for other scattering processes such as fluorescence” (Speck [0025]).
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Matousek as applied to claims 3 and 12 above, and further in view of Zhou (US 2025/0137931), hereinafter Zhou.
Claims 4,13: Matousek is silent with respect to an optical lens assembly located between the dispersing element and the detector array.
Zhou, however, in the same field of endeavor of Raman spectrometry, discloses a system (Fig. 1) comprising:
at least one dispersing element (Dispersion Optics) configured to disperse collected scattered light to generate at least a Raman spectrum [0023];
at least one detector array (CCD Camera) configured to receive and detect at least the Raman spectrum resulting from the dispersed scattered light [0023]; and
an optical lens assembly (Imaging Optics) configured to receive and focus the dispersed light from the dispersing element (Dispersion Optics) onto the image plane [0023].
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 Matousek’s system with an optical lens assembly between the dispersing element and the detector array for the purpose of providing improved coupling of collected scattered light.
Claims 6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Matousek, in view of Speck.
Claim 6: Matousek discloses a method (using system 20, Fig. 1) for remote sensing of a temperature of a medium (10) at different ranges by analysis of the Raman spectra emitted by different ranges, comprising the steps of:
providing a Raman spectra detecting device including at least a collimated light source (22) (near infrared laser [0046]) configured to illuminate a body of a medium (10), a dispersing element (implicit: “The spectral analyser 28 may be provided in various ways such as using a spectrometer such as a dispersive spectrometer” [0046]) configured to disperse scattered light, and a detector array (28) [0044-0045];
directing the collimated light source (22) at the body of the medium so as to generate light scattered (at 16) by and directed out of the body of the medium (10) [0044];
receiving (at 26) and dispersing the scattered light in the dispersing element to generate a Raman spectrum (“The spectral analyser 28 may be provided in various ways such as using a spectrometer such as a dispersive spectrometer” [0046]) [0044];
detecting (at 28) the Raman spectrum resulting from the dispersed scattered light [0045];
generating at least a temperature profile of the body of the medium (10) (“Embodiments of the invention may be arranged to determine temperature… at each of multiple depths or depth profiles” [0060]) in response to the Raman spectrum resulting from the dispersed scattered light [0052], wherein the scattered light directed out of the body of the medium (10) is scattered in response to characteristics of the body of water including at least one of depth, temperature, water salinity, water freshness, water phase, and other constituent concentrations (inherent to Raman scattering: “The wavelength shift… from the wavelength of the photon before Raman scattering is dependent on the identity of the molecule from which the photon is scattered” [0048]).
Matousek discloses wherein the medium is a fluid (202) [0080], but does not explicitly disclose wherein the fluid is water.
Speck, however, in the same field of endeavor of spatially resolved temperature measurements, discloses a method (using the system of Fig. 2) for remote sensing of water (21) at different ranges by analysis of the Raman spectra emitted by different ranges [0021].
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 Matousek’s method to be used on water for the purpose of ascertaining subsea infrastructrure (Speck [0021]).
Claim 8: Matousek further discloses wherein the step of generating at least a temperature profile of the body of water includes determining temperatures at the different ranges by simultaneous measurement of Raman spectra and incorporating supplemental information from external sources (“Alternatively or additionally a surface temperature determined in another manner in combination with spectral features from the sample surface could be used to provide reference intensities” [0051]).
Claim 9: Matousek further discloses wherein the step of generating at least a temperature profile of the body of fluid medium or trace amounts of fluid medium in air includes determining temperatures at the different ranges by a form of analytical or numerical or machine learning solutions (“mathematical techniques may be used by the processor 30… to determine temperature during monitoring or operation. For example, a technique using a method of partial least squares” [0050]).
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to HINA F AYUB whose telephone number is (571)270-3171. The Examiner can normally be reached on 9am-5pm ET Mon-Fri.
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, Tarifur Chowdhury can be reached on 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hina F Ayub/
Primary Patent Examiner
Art Unit 2877