DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claim 9 is 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.
The claim recites the limitation of a detector that “provides 1024 with up-to 12bit digital values”. However, the examiner cannot determine what the “1024” is describing or is in reference to. For the purpose of examination, the claim was understood to recite a detector which provides up-to 12 bit digital values.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5 and 10-12 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent 5,939,717 to Mullins.
In regards to claims 1-5 and 10-12, Mullins discloses and shows in Figures 1-8, an apparatus for fluid monitoring comprising:
a fluid conduit (32) having an inlet and an outlet, said fluid conduit includes a transparent portion (40) (Figures 1-2) (col. 5, ll. 13-68);
a light source (30) configured to emit light through said transparent portion and to illuminate the fluid inside the fluid conduit with said light (col. 5, ll. 45-68);
an optical system (34, 37, 36) including detector (38) configured for detecting light transmitted through or reflected from said fluid, said detector including a pixel array having a plurality of pixels each of which being configured to detect intensity of one wavelength within a spectrum of said light such that said pixel array obtains a spectral signature of said fluid including intensities of wavelengths within said spectrum (Figure 2) (col. 5, ll. 45-68; col. 6, ll. 11-48; col. 9, ll. 6-35; wherein a broadband light source illuminates a fluid sample channel and a filter spectrograph obtains a plurality of spectral measurements to determine the presence of a fluid based upon a database of reference spectra);
[claim 2] further comprising a housing (19) configured for holding said fluid conduit (32) and having an inlet coupling member (20) in fluid communication with said inlet (Figures 1-2) and an outlet coupling member (22, 23, 25) in fluid communication with said outlet (Figures 1-2), said inlet and outlet coupling members are configured for coupling to pipe elements in a fluid pipeline (col. 5, ll. 23-35; wherein the fluid admitting assembly (20), the fluid analysis module (25), the storage chambers (22, 23) and the output port, are understood to form a pipeline to allow the fluid to flow therethrough);
[claim 3] wherein said optical system includes an optical cell (37) (applicant’s seat) configured to hold the fluid conduit, wherein said light source is mounted on a first side of the seat and said detector is mounted on a second side of the seat, such that an optical path is formed between the light source and the detector through said transparent portion (Figure 2) (col. 5, ll. 45-68);
[claim 4] wherein the array of pixels is arranged along the length of the detector, such that each of the pixels is configured to detect a certain wavelength within the spectrum, such that the entire array of pixels is configured to provide information regarding each wavelength within the spectrum (col. 6, ll. 32-45);
[claim 5] wherein the detector includes a band pass filter disposed along the array of pixels and being configured to filter various wavelengths of the spectrum such that each of the pixels on the array of pixels receives light of a certain wavelength or bandwidth (col. 6, ll. 32-45);
[claim 10] further comprising a controller (18) configured for analyzing a spectral signature of the fluid flowing through the fluid conduit, said controller is configured for obtaining the spectral signature and for extracting characterizing features of the spectral signature (col. 5, ll. 32-44; col. 6, ll. 28-31; col. 9, ll. 6-35; wherein control and processing electronics perform control of the system elements and process the obtained spectral signals to determine wavelength peaks and identify a substance);
[claim 11] wherein the characterizing features are light properties, of predetermined wavelengths in the illuminated spectrum (Figure 3-5, 7) (col. 8, ll. 53 to col. 9, ll. 35; wherein wavelength peaks are determined to identify various fluids);
[claim 12] wherein the controller is configured for comparing the characterizing features with corresponding features stored in a database (col. 8, ll. 53 to col. 9, ll. 35; wherein the sample spectra are compared to a database of stored reference spectra).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 6 are rejected under 35 U.S.C. 103 as being unpatentable over Mullins, in view of WO 2021/185895 A1 to Binder et al.
In regards to claim 6, Mullins differs from the limitations in that it is silent to the apparatus further comprising:
wherein said detector is provided with a linear filter configured such that each location along a first dimension of the linear filter allows transmitting light of a single wavelength or a narrow bandwidth of wavelengths.
However, Binder teaches and shows in Figures 1-4, a fluid monitoring system (110) that utilizes an optical spectrometer (130) having a bandpass filter, or a “linearly variable filter”, for the advantage of providing a “variable center wavelength” and “spatial position on the filter” (Pg. 14, ll. 16-44).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mullins to include the linear filter discussed above for the advantage of providing a variable center wavelength and spatial position on the filter, with a reasonable expectation of success.
Claim(s) 7 are rejected under 35 U.S.C. 103 as being unpatentable over Mullins and Binder, in view of US Patent 5,166,747 to Schroeder et al.
In regards to claim 7, Mullins discloses the system for fluid monitoring further comprising:
[claim 7] further comprising an optical fiber bundle (34) (applicant’s optical guiding member) for directing illumination from the light source to the transparent portion (40).
Mullins differs from the limitations in that it is silent to the optical guiding member being configured to form an even and orthogonal illumination, such that the fluid inside the fluid conduit is evenly illuminated.
However, Schroeder teaches and shows in 2-3 and 8-9, a fluid monitoring system with a fluid analysis module (25), further comprising a diffuser (41) and prism for broadening an illumination beam to provide orthogonal illumination with “a more constant amplitude” and reducing significant signal swings (col. 9, ll. 28 to col. 11, ll. 51).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mullins to include the illumination broadening optics discussed above for the advantage of providing a more constant amplitude signal and reducing significant signal swings, with a reasonable expectation of success.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Mullins, Binder and Schroeder, in view of US Patent 10,254,225 to Zhong et al.
In regards to claim 8, Mullins differs from the limitations in that it is silent to the apparatus further comprising:
[claim 8] wherein the optical guiding member includes an array of blocking walls each having an elongated slit extending along length of the transparent portion such that light arrays which are not directed orthogonally to the transparent portion are blocked by one of the blocking walls.
However, Zhong teaches and shows in Figure 8, a flow cell biosensor array device comprised by a plurality of light sensors and an array of light guides (col. 19, ll. 52 to col. 20, ll. 48), wherein a shield layer (450) includes a plurality of apertures or openings (452), wherein the shield layer is provided for blocking or attenuating light emissions (col. 23, ll. 1-40).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mullins to include the blocking apertures discussed above for the advantage of removing unwanted light emissions, with a reasonable expectation of success.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Mullins in view of US Publication 2013/0296708 to Zuzak et al.
In regards to claim 9, Mullins discloses and shows in Figures 1-8, a system for fluid monitoring, wherein said detector is configured to detect light intensity in wavelengths that range between 400nm and 1100nm (col. 6, ll. 32-44).
Mullins differs from the limitations in that it is silent to wherein said detector provides 1024 with up-to 12bit digital values.
However, Zuzak teaches and shows a hyperspectral imaging device for spectral imaging of a sample (par. 3), wherein a CCD focal plane array has 1340 x 400 pixels, a sensitivity range of 220 nm to 1100nm, and a 16 bit ADC which provides 655,356 shades of gray (par. 173).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mullins to include the detector discussed above for the advantage of providing in-situ sample measurement with a desired spectral resolution, with a reasonable expectation of success.
Claim(s) 13-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mullins, in view of WO 2021/185895 A1 to Binder.
In regards to claims 13 and 16-17, Mullins discloses and shows in Figures 1-8, a system for fluid monitoring, the system comprising:
at least one apparatus (25) mounted in a fluid pipeline (20) (Figure 1; wherein a fluid admitting assembly (20) is utilized to establish a sample flow path through a fluid analysis module (25), one or more fluid collecting chambers (22, 23), and an output port), said apparatus includes:
a fluid conduit (32) having an inlet and an outlet coupled to said pipeline, said fluid conduit includes a transparent portion (40) (Figures 1-2) (col. 5, ll. 13-68);
a light source (30) configured to emit light through said transparent portion and to illuminate the fluid inside the fluid conduit with said light (col. 5, ll. 45-68);
an optical system (34, 37, 36) including detector (38) configured for detecting light transmitted through or reflected from said fluid, said detector including a pixel array having a plurality of pixels each of which being configured to detect intensity of one wavelength within a spectrum of said light such that said pixel array obtains a spectral signature of said fluid including intensities of wavelengths within said spectrum (Figure 2) (col. 5, ll. 45-68; col. 6, ll. 11-48; col. 9, ll. 6-35; wherein a broadband light source illuminates a fluid sample channel and a filter spectrograph obtains a plurality of spectral measurements to determine the presence of a fluid based upon a database of reference spectra);
digital processing electronics (18) (col. 6, ll. 28-31) and a database of reference sample spectra (col. 9, ll. 5-35) to determine wavelength peaks and analyze sample spectra;
[claim 16] wherein said apparatus is coupled to said pipeline with an inlet connector (20) and an outlet connector (25) (Figure 1) configured to eliminate air in said fluid conduit (col. 5, ll. 23-35; wherein the fluid admitting assembly (20) is equipped to seal off a borehole in order to pressurize the fluid within and force the fluid to flow through the fluid analysis module (25), the storage chambers (22, 23) and the output port);
[claim 17] wherein said inlet connector (20) is coupled to said inlet of said fluid conduit (32) and said outlet connector is coupled to said outlet (Figure 1), said inlet connector is configured to urge fluid into said fluid conduit at a pressure higher than the pressure at said outlet (col. 5, ll. 23-35; wherein the control electronics are configured to control the flow path of the borehole tool, and fluids are understood to naturally travel from a high pressure to a low pressure).
Mullins differs from the limitations in that it is silent to the apparatus further comprising:
a wireless transmitting module for transmitting data obtained by the optical system; and
a server for collecting said spectral signature from said at least one apparatus and for determining quality of fluid in said pipeline.
However, Binder teaches and shows in Figures 1-4, a fluid monitoring system (110) comprising: an optical probe (120), which may be a transparent flow cell; an optical spectrometer (130) for measuring optical signals from a fluid; a wireless data transfer unit (154); a communication system (140); and a plurality of servers (146, 148, 150), which provide reference spectral data for comparison and identification of a substance (Pg. 17, ll. 11-21; Pg. 18 ll. 42 to Pg. 19, ll. 36; Pg. 37, ll. 18-38, Pg. 40, ll. 27 to Pg. 41, ll. 40).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mullins to include the wireless module and server discussed above for the advantage of providing in-situ sample measurement with remote, cloud-based, data access and processing, with a reasonable expectation of success.
In regards to claims 14-15 and 19, Mullins differs from the limitations in that it is silent to the system, [claim 14] wherein said server is further configured for classification of said spectral signature in accordance with the prestored spectral signatures, wherein each one of said prestored spectral signatures is associated with at least one property of said fluid;
[claim 15] wherein said server is further configured for classification of said spectral signature in accordance with location of said at least one apparatus along said pipeline;
[claim 19] wherein said server is configured to send said apparatus instructions related to said spectral signature.
However, Binder teaches and shows in Figures 1-4, a fluid monitoring system (110) comprising: an optical probe (120), which may be a transparent flow cell; an optical spectrometer (130) for measuring optical signals from a fluid; a wireless data transfer unit (154); a communication system (140); and a plurality of servers (146, 148, 150), which provide reference spectral data for comparison and identification of a substance (Pg. 17, ll. 11-21; Pg. 18 ll. 42 to Pg. 19, ll. 36; Pg. 37, ll. 18-38, Pg. 40, ll. 27 to Pg. 41, ll. 40).
Further, Binder teaches that the servers may provide additional “metadata” associated with the spectral data, wherein the metadata includes information in regards to “a date, a time, a location” (Pg. 5, ll. 30 to Pg. 6, ll. 5); and wherein the spectral data is provided to the apparatus for an automated procedure, as well as to a user (Pg. 41, ll. 2-7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mullins to include the server discussed above for the advantage of providing in-situ sample measurement with remote, cloud-based, data access and processing, with a reasonable expectation of success.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Mullins and Binder, in view of US Publication 2011/0299084 to Feitisch et al.
In regards to claim 18, Mullins discloses and shows in Figures 1-8, a system for fluid monitoring, wherein said detector includes at least one natural pixel configured to detect light intensity in wavelengths that range between 400nm and 1100nm (col. 6, ll. 32-68; wherein “one or two detectors are provided which measure a baseline intensity, i.e. the intensity of a wavelength of light which is not absorbed”, specifically at a wavelength of 1069 nm).
Mullins differs from the limitations in that it is silent to the system wherein said optical system is configured to send an alert when light detected by said at least one natural pixel is below a predetermined threshold.
However, Feitisch teaches and shows a performance evaluation method of a spectrometer, wherein a processor and controller perform light intensity data validation steps, wherein light intensity data is analyzed to determine if the data deviates more than a threshold amount from a stored data set; and wherein when a threshold deviation exists an alarm or alert is displayed to a user (par. 82).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mullins to include the threshold and alert discussed above for the advantage of alerting a user to a particular desired or undesired system condition, with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877