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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05 September 2024 and 10 November 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 4-6 and 9 are objected to because of the following informalities:
Claim 4: “the second characteristic wavelength range (λ1)” should be “the second characteristic wavelength range (λ2)” for further clarity and continuity in the claim language.
Claim 5: “the acquisition means” in line 4 should be “the single acquisition means” for further clarity and continuity in the claim language.
Claim 6: “the acquisition means” in line 4 should be “the single acquisition means” for further clarity and continuity in the claim language.
Claim 9: “according to any one of claim 1” in line 1 should be “according to claim 1” for further clarity.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“a measuring arrangement” in claims 1 and 20: “The term "measuring arrangement" can be understood to mean that it can be an arrangement of several units designed to record measurement data (acquisition means). However, a measuring arrangement can also exclusively comprise a measuring unit. The measuring unit(s) per se can each have one or more measuring or sensor elements and can each provide "acquisition means". (page 12, ¶4 to page 13, ¶1).
“a first acquisition means” in claim 3: “The measuring unit(s) per se can each have one or more measuring or sensor elements and can each provide "acquisition means".” (page 13, ¶1).
“a second acquisition means” in claim 3: “The measuring unit(s) per se can each have one or more measuring or sensor elements and can each provide "acquisition means".” (page 13, ¶1).
“a single acquisition means” in claim 4: “The measuring unit(s) per se can each have one or more measuring or sensor elements and can each provide "acquisition means".” (page 13, ¶1).
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-19 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.
Regarding claim 1, “electromagnetic radiation” in line 11 is unclear as this limitation has been mentioned previously in the same claim. Is this limitation referring to the same electromagnetic radiation mentioned previously or a different electromagnetic radiation? In light of the specification, the Examiner is interpreting this limitation to be referring to the same electromagnetic radiation mentioned previously.
Claims 2-19 are rejected for their dependency on claim 1.
Regarding claim 3, “at least one first absorption value” in line 3 is unclear as this limitation has been mentioned previously in claim 1, on which claim 3 is dependent. Is this limitation referring to the same first absorption value mentioned previously or a different first absorption value? In light of the specification, the Examiner is interpreting this limitation to be referring to the same first absorption value mentioned previously.
Regarding claim 6, “at least one first absorption value” in lines 3-4 is unclear as this limitation has been mentioned previously in claims 4 and 1, on which claim 6 is dependent. Is this limitation referring to the same first absorption value mentioned previously or a different first absorption value? In light of the specification, the Examiner is interpreting this limitation to be referring to the same first absorption value mentioned previously. “at least one second absorption value” in line 4 is unclear as this limitation has been mentioned previously in claims 4 and 1, on which claim 6 is dependent. Is this limitation referring to the same second absorption value mentioned previously or a different second absorption value? In light of the specification, the Examiner is interpreting this limitation to be referring to the same second absorption value mentioned previously.
Regarding claim 15, “a wavelength-dependent absorption curve” in line 2 is unclear as this limitation has been mentioned previously in claim 13, on which claim 15 is dependent. Is this limitation referring to the same absorption curve mentioned previously or a different absorption curve? In light of the specification, the Examiner is interpreting this limitation to be referring to the same absorption curve mentioned previously.
Regarding claim 18, “a determined absorbance” in line 3 is unclear as this limitation has been mentioned previously in the same claim. Is this limitation referring to the same determined absorbance mentioned previously or a different determined absorbance? In light of the specification, the Examiner is interpreting this limitation to be referring to the same determined absorbance mentioned previously. Additionally, “the spark detector” in line 5 is unclear as this limitation lacks proper antecedent basis.
Claim 19 is rejected for its dependency on claim 18.
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.
Claims 1-4, 8-11, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Plemmons et al. (U.S. Patent No. 12516983 B2) in view of Cherdron (DE 102016107730 A1).
Regarding claim 1, Plemmons teaches a system for the analysis of ignition-inducing phenomena (10/12) occurring in a media-loaded or a media-throughflow reservoir (14) (abstract, The instructions also cause the controller to signal, with spatial specificity, presence of flame or gas when the intensity-time profile indicates that flame or gas is present within a field of view of the detection system; and col. 5, lines 12-18, The scene 14 contains an area of interest, which the detection system 100 monitors for the presence of the flame 10 or the gas 12. Examples of areas of interest monitored for the presence of flame 10 includes structures, like aircraft hangers. Examples of areas of interest monitored for the presence of the gas 12 include gas handling devices, like valves and pipes or wells), comprising an observation space (108), in which absorption by an absorption medium of electromagnetic radiation emitted by an ignition-inducing phenomenon or a radiation source mimicking the ignition-inducing phenomenon can be observed (see figure 1, field of view 108 (i.e. observation space); and col. 4, lines 31-34, infrared emission and absorption signatures can be spatially located in a scene using a single photodetector (or group of discrete photodetectors with different bandpass characteristics)), a measuring arrangement (116) (see figure 1, photodetector 116 (i.e. measuring arrangement)) which is configured and arranged so as to record at least one first absorption value (A1) relating to the electromagnetic radiation absorbed by the absorption medium in the observation space (108) in a first characteristic wavelength range (λ1), and to record at least one second absorption value (A2) relating to electromagnetic radiation absorbed by the absorption medium in the observation space (108) in a second characteristic wavelength range (λ2) (col. 6, lines 50-57, the filter 126 can have a bandpass including one or more wavelength at which the flame 10 emits electromagnetic radiation. Alternatively, the filter 126 can have a bandpass including one or more wavelength at which the gas 12 absorbs electromagnetic radiation. This can improve the sensitivity of the sensor 102 and/or customize the sensor 102 to a specific flame or gas detection application; and col. 7, lines 2-10, the bandpass of the filter 126 can include one or more wavelength characteristic of a first gas and the bandpass of the second photodetector filter 130 can include one or more wavelength characteristic of a second gas, the sensor 102 thereby being capable of detecting presence of both the first gas and the second gas in the scene 14, or flame emitting electromagnetic radiation having one or more wavelength within the bandpass of both the filter 126 and the second photodetector filter 130), wherein the absorption in the first characteristic wavelength range (λ1) is based on a first absorption characteristic, and wherein the absorption in the second characteristic wavelength range (λ2) is based on a second absorption characteristic (col. 1, lines 27-34, in flame detection applications, the signals from focal-plane arrays can provide indication of flame through intensity information reported at wavelengths where flame typically emits electromagnetic radiation. In gas detection applications, the signals from focal-plane arrays can provide indication of the presence of gas by reporting intensity at wavelengths where gases absorb electromagnetic radiation), and test equipment (col. 7, lines 11-17, the controller 106 includes a memory 132, a processor 134, and a device interface 136. The controller 106 also includes a user interface 138. The device interface 136 connects the controller 106 to the sensor 102 through the link 104, the controller 106 thereby operatively connected to the sensor 102). However, Plemmons fails to explicitly teach test equipment which is set up to determine an absorbance from the at least one first absorption value (A1) and the at least one second absorption value (A2).
However, Cherdron teaches test equipment which is set up to determine an absorbance from the at least one first absorption value (A1) and the at least one second absorption value (A2) (¶43, In the optical measuring device 30, the refractive index and/or the absorption of the product are measured in two different wavelengths, namely in the UV and IR wavelength range, wherein in the present example, the absorption is preferably carried out at 290 nm and 340 nm in the UV range, in addition to the measurement in the IR range, preferably at 1277 nm; and ¶44, These measurements can be combined to form a quality factor which, via simple multiplication by an adaptation factor, permits direct comparison with a quality value determined in the laboratory).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Plemmons to incorporate the teachings of Cherdron to determine a measurement factor using both absorbance values in order to determine whether the measured values meet the stored specifications (Cherdron, ¶44).
Regarding claim 2, Plemmons as modified by Cherdron teaches the system according to claim 1, wherein both the first characteristic wavelength range (λ1) and the second characteristic wavelength range (λ2) lie within a wavelength range of 100 nm - 3500 nm, wherein the first characteristic wavelength range (λ1) and the second characteristic wavelength range (λ2) preferably do not overlap and are preferably separated by a threshold wavelength (λG) or a threshold wavelength range (Cherdron, ¶43, In the optical measuring device 30, the refractive index and/or the absorption of the product are measured in two different wavelengths, namely in the UV and IR wavelength range, wherein in the present example, the absorption is preferably carried out at 290 nm and 340 nm in the UV range, in addition to the measurement in the IR range, preferably at 1277 nm).
Regarding claim 3, Plemmons as modified by Cherdron teaches the system according to claim 1, wherein the measuring arrangement (Plemmons 116 | Cherdron 30) comprises a first acquisition means (Plemmons 116), which is set up to record at least one first absorption value (A1) in the first characteristic wavelength range (λ1), and wherein the measuring arrangement (Plemmons 116 | Cherdron 30) comprises a second acquisition means (Plemmons 128), which is set up to record the at least one second absorption value (A2) in the second characteristic wavelength range (λ2) (Plemmons, col. 6, lines 58-67 and col. 7, line 1, the detection system 100 is shown in an implementation having two or more photodetectors. In this respect the photodetector 116 may be a first photodetector 116 and the sensor 102 can include a second photodetector 128. The second photodetector 128 can be similar to the first photodetector 116 and can additionally have a second photodetector filter 130. The second photodetector filter 130 can have a second bandpass including one or more wavelength not within the bandpass of the filter 126, allowing the sensor 102 detect emission (or absorption) signatures in the illumination within different wavebands).
Regarding claim 4, Plemmons as modified by Cherdron teaches the system according to claim 1, wherein the measuring arrangement (Plemmons 116 | Cherdron 30) comprises a single acquisition means (Plemmons 116) which is set up to record the at least one first absorption value (A1) in the first characteristic wavelength range (λ1) and the at least one second absorption value (A2) in the second characteristic wavelength range (λ2) (Plemmons, col. 6, lines 42-55, In certain embodiments the photodetector 116 is a single photodetector 116, i.e., includes one and not more than one photodetector. Employing one and not more than one photodetector can limit the cost of the detection system 100, e.g., by employing one discrete photodetector to covert illumination into voltage and without imaging the scene 14. In accordance with certain embodiments the photodetector 116 includes filter 126 having a bandpass corresponding to a waveband (or wavebands) of interest. For example, the filter 126 can have a bandpass including one or more wavelength at which the flame 10 emits electromagnetic radiation. Alternatively, the filter 126 can have a bandpass including one or more wavelength at which the gas 12 absorbs electromagnetic radiation).
Regarding claim 8, Plemmons as modified by Cherdron teaches the system according to claim 1, wherein the observation space (Plemmons 108) is arranged within the reservoir (Plemmons 14) and forms a volume element of the reservoir (Plemmons 14) (Plemmons, see figure 1, field of view 108 (i.e. observation space); and col. 5, lines 12-18, The scene 14 contains an area of interest, which the detection system 100 monitors for the presence of the flame 10 or the gas 12. Examples of areas of interest monitored for the presence of flame 10 includes structures, like aircraft hangers. Examples of areas of interest monitored for the presence of the gas 12 include gas handling devices, like valves and pipes or wells).
Regarding claim 9, Plemmons as modified by Cherdron teaches the system according to any one of claim 1, wherein the observation space is arranged external to the reservoir and forms an observation box (Cherdron, ¶42, An optical measuring device 30 is arranged in the outlet 28 of the carbonization tank 26. The optical measuring device 30 is arranged in a circulatory line 32 which extends between the outlet 28 and inlet 24 of the buffer tank 26. A circulation delivery pump 34 is arranged in the circulation line in order to set a defined measurement volume flow of the product by the optical measurement device 30, as a result of which the beverage component composition of the product located in the buffer tank can be monitored continuously).
Regarding claim 10, Plemmons as modified by Cherdron teaches the system according to claim 9, wherein the observation box forms an analysis box in connection with the measuring arrangement (Plemmons 116 | Cherdron 30) (Cherdron, , ¶42, An optical measuring device 30 is arranged in the outlet 28 of the carbonization tank 26. The optical measuring device 30 is arranged in a circulatory line 32 which extends between the outlet 28 and inlet 24 of the buffer tank 26. A circulation delivery pump 34 is arranged in the circulation line in order to set a defined measurement volume flow of the product by the optical measurement device 30, as a result of which the beverage component composition of the product located in the buffer tank can be monitored continuously).
Regarding claim 11, Plemmons as modified by Cherdron teaches the system according to claim 1, wherein the test equipment (Plemmons 106) includes a data processing unit (Plemmons 134), and wherein the test equipment (Plemmons 106) is connected to the measuring arrangement (Plemmons 116 | Cherdron 30) by means of data communication technology (Plemmons 104) (Plemmons, col. 7, lines 11-17, the controller 106 includes a memory 132, a processor 134, and a device interface 136. The controller 106 also includes a user interface 138. The device interface 136 connects the controller 106 to the sensor 102 through the link 104, the controller 106 thereby operatively connected to the sensor 102).
Regarding claim 20, Plemmons teaches a method for analyzing ignition-inducing phenomena (10/12) occurring in a media-loaded or media-throughflow reservoir (14) (abstract, The instructions also cause the controller to signal, with spatial specificity, presence of flame or gas when the intensity-time profile indicates that flame or gas is present within a field of view of the detection system; and col. 5, lines 12-18, The scene 14 contains an area of interest, which the detection system 100 monitors for the presence of the flame 10 or the gas 12. Examples of areas of interest monitored for the presence of flame 10 includes structures, like aircraft hangers. Examples of areas of interest monitored for the presence of the gas 12 include gas handling devices, like valves and pipes or wells), wherein absorption by an absorption medium of electromagnetic radiation emitted by an ignition-inducing phenomenon or a radiation source mimicking the ignition-inducing phenomenon is observed in an observation space (108) (see figure 1, field of view 108 (i.e. observation space); and col. 4, lines 31-34, infrared emission and absorption signatures can be spatially located in a scene using a single photodetector (or group of discrete photodetectors with different bandpass characteristics)), wherein at least one first absorption value (A1) relating to the electromagnetic radiation absorbed by the absorption medium in the observation space (108) in a first characteristic wavelength range (λ1) is recorded using a measuring arrangement (116), wherein at least one second absorption value (A2) relating to the electromagnetic radiation absorbed by the absorption medium in the observation space (108) in a second characteristic wavelength range (λ2) is recorded using the measuring arrangement (116) (see figure 1, photodetector 116 (i.e. measuring arrangement); and col. 6, lines 50-57, the filter 126 can have a bandpass including one or more wavelength at which the flame 10 emits electromagnetic radiation. Alternatively, the filter 126 can have a bandpass including one or more wavelength at which the gas 12 absorbs electromagnetic radiation. This can improve the sensitivity of the sensor 102 and/or customize the sensor 102 to a specific flame or gas detection application; and col. 7, lines 2-10, the bandpass of the filter 126 can include one or more wavelength characteristic of a first gas and the bandpass of the second photodetector filter 130 can include one or more wavelength characteristic of a second gas, the sensor 102 thereby being capable of detecting presence of both the first gas and the second gas in the scene 14, or flame emitting electromagnetic radiation having one or more wavelength within the bandpass of both the filter 126 and the second photodetector filter 130), wherein the absorption in the first characteristic wavelength range (λ1) is based on a first absorption characteristic, and wherein the absorption in the second characteristic wavelength range (λ2) is based on a second absorption characteristic (col. 1, lines 27-34, in flame detection applications, the signals from focal-plane arrays can provide indication of flame through intensity information reported at wavelengths where flame typically emits electromagnetic radiation. In gas detection applications, the signals from focal-plane arrays can provide indication of the presence of gas by reporting intensity at wavelengths where gases absorb electromagnetic radiation), and test equipment (col. 7, lines 11-17, the controller 106 includes a memory 132, a processor 134, and a device interface 136. The controller 106 also includes a user interface 138. The device interface 136 connects the controller 106 to the sensor 102 through the link 104, the controller 106 thereby operatively connected to the sensor 102). However, Plemmons fails to explicitly teach wherein an absorbance is determined from the at least one first absorption value (A1) and the at least one second absorption value (A2) using test equipment.
However, Cherdron teaches wherein an absorbance is determined from the at least one first absorption value (A1) and the at least one second absorption value (A2) using test equipment (¶43, In the optical measuring device 30, the refractive index and/or the absorption of the product are measured in two different wavelengths, namely in the UV and IR wavelength range, wherein in the present example, the absorption is preferably carried out at 290 nm and 340 nm in the UV range, in addition to the measurement in the IR range, preferably at 1277 nm; and ¶44, These measurements can be combined to form a quality factor which, via simple multiplication by an adaptation factor, permits direct comparison with a quality value determined in the laboratory).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Plemmons to incorporate the teachings of Cherdron to determine a measurement factor using both absorbance values in order to determine whether the measured values meet the stored specifications (Cherdron, ¶44).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Plemmons et al. (U.S. Patent No. 12516983 B2) in view of Cherdron (DE 102016107730 A1) as applied to claim 4 above, and further in view of Hug et al. (U.S. Patent No. 10753863 B1).
Regarding claim 5, Plemmons as modified by Cherdron teaches a filter device (Plemmons 126) (Plemmons, see figure 1, filter 126). However, the combination fails to explicitly teach wherein the filter device is set up to provide a first spectral filter state and a second spectral filter state, wherein acquisition of the at least one first absorption value (A1) in the first characteristic wavelength range (λ1) by the acquisition means is enabled in the first spectral filter state, and wherein acquisition of the at least one second absorption value (A2) in the second characteristic wavelength range (λ2) by the acquisition means is enabled in the second spectral filter state.
However, Hug teaches wherein the filter device is set up to provide a first spectral filter state and a second spectral filter state, wherein acquisition of the at least one first absorption value (A1) in the first characteristic wavelength range (λ1) by the acquisition means is enabled in the first spectral filter state, and wherein acquisition of the at least one second absorption value (A2) in the second characteristic wavelength range (λ2) by the acquisition means is enabled in the second spectral filter state (col. 10, lines 31-43, wherein the orientation of the angle tunable filter, with respect to received emission radiation, is adjustable so as to enable the Raman emission radiation or the photoluminescence radiation that reaches the at least one first detector or the at least one second detector, respectively, to vary in wavelength and optionally wherein the receiving and measuring operations occur multiple times with the at least one tunable filter tuned to different wavelengths so as to obtain data for a plurality of measurements for a plurality of wavelengths, wherein the correlating comprises determining relative amounts of the measurements for at least two different wavelengths of the plurality of wavelengths and comparing the relative amounts with the data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Plemmons and Cherdron to incorporate the teachings of Hug to provide a filter capable of switchable/tunable filter in order to provide a compact device with one sensor capable of sensing radiation within a plurality of wavelengths.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Plemmons et al. (U.S. Patent No. 12516983 B2) in view of Cherdron (DE 102016107730 A1) as applied to claim 1 above, and further in view of Plimpton et al. (U.S. Patent No. 7281382 B2).
Regarding claim 7, Plemmons as modified by Cherdron teaches wherein the measuring arrangement (Plemmons 116 | Cherdron 30) is part of a spark detector (Plemmons, col. 1, lines 15-16, The subject matter disclosed herein generally related to flame and gas detection). However, the combination fails to explicitly teach wherein the measuring arrangement provides an absorption spectrometer integrated into the spark detector.
However, Plimpton teaches wherein the measuring arrangement provides an absorption spectrometer integrated into the spark detector (col. 13, lines 34-41, The basic configuration of such a system as produced by StellarNet Inc, Oldsmar, Fla., is describe below. StellarNet's miniature fiber optic spectrometers, industrial process probes, optical fibers, light source accessories and SpectraWiz.RTM. software are process control and quality control monitor workhorses for analytical instrumentation designed to measure light wavelength absorbance, transmission, reflection, color, emission, irradiance, and fluorescence).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Plemmons and Cherdron to incorporate the teachings of Plimpton to include absorption spectrometry because it offers highly sensitive and specific elemental analysis.
Claims 12-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Plemmons et al. (U.S. Patent No. 12516983 B2) in view of Cherdron (DE 102016107730 A1) as applied to claim 1 above, and further in view of Haffner (USPGPub 20120136483 A1).
Regarding claim 12, Plemmons as modified by Cherdron teaches the test equipment (Plemmons, col. 7, lines 11-17, the controller 106 includes a memory 132, a processor 134, and a device interface 136. The controller 106 also includes a user interface 138. The device interface 136 connects the controller 106 to the sensor 102 through the link 104, the controller 106 thereby operatively connected to the sensor 102). However, the combination fails to explicitly teach wherein the test equipment is set up to determine an absorption curve on the basis of the at least one first absorption value (A1) and the at least one second absorption value (A2).
However, Haffner teaches wherein the test equipment is set up to determine an absorption curve on the basis of the at least one first absorption value (A1) and the at least one second absorption value (A2) (see figure 3; and ¶56, The ramp signal as shown in FIG. 4 is repeated in order to allow several spectral scans and a continuous sampling of the absorption lines over time. An absorption spectrum as generated by unit 19 is shown for example in curve A or B of FIG. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Plemmons and Cherdron to incorporate the teachings of Haffner to determine an absorption curve in order to transform raw data into a visible data set in order to improve interpretation as well as to improve accuracy and prediction.
Regarding claim 13, Plemmons as modified by Cherdron teaches wherein the first absorption characteristic is a characteristic relating to a wavelength-dependent absorption in the first characteristic wavelength range (λ1) (Plemmons, col. 1, lines 27-34; col. 6, lines 50-57; and col. 7, lines 2-10). However, the combination fails to explicitly teach wherein the first absorption characteristic is a characteristic relating to a wavelength-dependent absorption curve.
However, Haffner teaches wherein the first absorption characteristic is a characteristic relating to a wavelength-dependent absorption curve (see figure 3; and ¶56, The ramp signal as shown in FIG. 4 is repeated in order to allow several spectral scans and a continuous sampling of the absorption lines over time. An absorption spectrum as generated by unit 19 is shown for example in curve A or B of FIG. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Plemmons and Cherdron to incorporate the teachings of Haffner to determine an absorption curve in order to transform raw data into a visible data set in order to improve interpretation as well as to improve accuracy and prediction.
Regarding claim 14, Plemmons as modified by Cherdron teaches wherein the second absorption characteristic is a characteristic relating to a wavelength-dependent absorption in the second characteristic wavelength range (λ2) (Plemmons, col. 1, lines 27-34; col. 6, lines 50-57; and col. 7, lines 2-10). However, the combination fails to explicitly teach wherein the second absorption characteristic is a characteristic relating to a wavelength-dependent absorption curve.
However, Haffner teaches wherein the second absorption characteristic is a characteristic relating to a wavelength-dependent absorption curve (see figure 3; and ¶56, The ramp signal as shown in FIG. 4 is repeated in order to allow several spectral scans and a continuous sampling of the absorption lines over time. An absorption spectrum as generated by unit 19 is shown for example in curve A or B of FIG. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Plemmons and Cherdron to incorporate the teachings of Haffner to determine an absorption curve in order to transform raw data into a visible data set in order to improve interpretation as well as to improve accuracy and prediction.
Regarding claim 16, Plemmons as modified by Cherdron and Haffner teaches the system according to claim 14, wherein the second absorption characteristic is essentially a linear rise of the wavelength-dependent absorption curve in the second characteristic wavelength range (λ2) (Haffner, see figure 3, peaks in the curve for specific wavelengths).
Allowable Subject Matter
Claims 6, 15, and 17-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 6, the prior art of record individually or combined fails to teach the system according to claims 4 and 1 as claimed, wherein the measuring arrangement comprises a filter device, in particular an exchangeable filter, which is set up to provide a number of > 2 spectral filter states, more specifically in combination with wherein an acquisition of at least one first absorption value (A1) or at least one second absorption value (A2) by the acquisition means in sub-wavelength ranges of the first or second characteristic wavelength range (λ1,λ2) is enabled in a respective spectral filter state.
Regarding claim 15, the prior art of record individually or combined fails to teach the system according to claims 13 and 1 as claimed, more specifically in combination with wherein the first absorption characteristic is a wavelength-dependent absorption curve essentially in the form of a plateau in the first characteristic wavelength range (λ1).
Regarding claim 17, the prior art of record individually or combined fails to teach the system according to claims 16, 14, and 1 as claimed, more specifically in combination with wherein the test equipment is set up to determine an absorption coefficient as an absorbance on the basis of the linear rise.
Claims 18-19 would be allowed for their dependency on claim 17.
Conclusion
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/ERIN R GARBER/Examiner, Art Unit 2878