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 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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sano et al. (US Pub 2012/0075628 A1)(hereinafter, “Sano”).
Regarding claim 1, Sano teaches a spectroscopic measurement device (1) comprising:
a light entrance portion allowing light to be measured to be incident thereon (discloses light reception portion 6 receives light from the object, [0159]);
a reflective diffraction grating configured to disperse the light to be measured incident from the light entrance portion(discloses spectrometer 24 disperses incoming light into a spectral image, [0122]);
an optical detector (25) configured to detect the light to be measured dispersed by the reflective diffraction grating (discloses the photodetector 25 captures the dispersed light, [0122]);
a lens (lens inside spectrometer 24, [0100-0101]) configured to guide the light to be measured incident from the light entrance portion (light reception portion 6, [0159]) to the reflective diffraction grating (spectrometer 24) and to form a spectral image (discloses a spectrometer 24 that splits light and causes it to fall on photodetector 25, the lens structure is implicit inside the spectrometer, [0122]) of the light to be measured dispersed by the reflective diffraction grating on a light receiving region of the optical detector (detection area 25a, “on the detection surface of photodetector 25, the area where light split by spectrometer 24 is incident (detection area 25a)”, [0122]); and
an analyzer (100/100A) configured to generate spectral data of the light to be measured (processing device 100/100A generates spectral data, [0163]), wherein:
the light receiving region (detection area 25a), [0122]) includes:
a first light receiving region (detection area 25a), [0122]) including a plurality of first light detection channels arranged in a direction parallel to a wavelength axis of the spectral image (discloses N partitioned areas (1ch…Nch), [0101]); and
a second light receiving region (correction area 25b, [0122]) arranged side by side with the first light receiving region in a direction perpendicular to the wavelength axis (discloses at least four partitioned areas (Ach, Bch, Cch, Dch), [0101]), and including a plurality of second light detection channels arranged in the direction parallel to the wavelength axis (discloses wavelength-resolved channels inherently correspond to spectral axis arrangement, [0101]),
the optical detector (25) outputs first spectral data of the light to be measured by receiving the spectral image in a first exposure time (discloses photodetector 25 has configurable exposure time, detector output amplitude depends on exposure time, [0146]) in the first light receiving region (detection area 25a), [0122], “the amplitude (signal intensity) of the correction dark spectrum fluctuates depending on the exposure time”, [0146]), and outputs second spectral data of the light to be measured by receiving the spectral image in a second exposure time longer than the first exposure time (“measurement results…when the exposure time was set to 200 msec and 2000 msec”, [0139]) in the second light receiving region (correction area 25b, [0122]),
the analyzer (100/100A) generates the spectral data based on the first spectral data (processing device 100/100A generates spectral data, [0163]) and the second spectral data output from the optical detector(discloses that the photodetector output changes with exposure time, inherently provide two spectral outputs, [0140]), and
the optical detector (25) is disposed so that a stray light region(correction area 25b, [0122]), in which stray light generated in an optical path from the light entrance portion to the optical detector gathers(discloses stray light component captured by correction area 25b, [0123]), is located in the first light receiving region (discloses the system is arranged so that stray light hits correction area 25b, separate from the main detection area 25a, [0123]).
Regarding claim 2, Sano teaches wherein the analyzer generates the spectral data based on data in a wavelength band not including a wavelength band corresponding to the stray light region in the first spectral data and data in a wavelength band including the wavelength band corresponding to the stray light region in the second spectral data (discloses the collection area 25b collects stray light components separately from the main detection area 25a, the processing device 100A calculates the correction value ΔM from this correction area and subtracts it from the main measurement spectrum, inherently uses a stray light reference to correct measured spectrum, [0123]).
Regarding claim 3, Sano teaches wherein the optical detector (25) is offset to one side in the direction perpendicular to the wavelength axis with respect to the light entrance portion (discloses the photodetector 25 has detection area 25a and correction area 25b arranged side by side, [0160]).
Regarding claim 4, Sano teaches wherein the stray light is generated by multiple reflections of a part of the light to be measured inside the lens (discloses a correction area 25b and the use of a correction value ΔM to compensate for unwanted signals in the photodetector, inherently disclosed stray light correction, [0123] and [0146]).
Regarding claim 5, Sano teaches further comprising a mask member disposed between the lens and the optical detector and configured to block the stray light (discloses uses correction area 25b and subtracting processing to remove stray light effects, [0123] and [0146]).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sano et al. (US Pub 2012/0075628 A1)(hereinafter, “Sano”) in view of Warren ( US Pub 2009/0237657 A1).
Regarding claim 6, Sano fails to disclose wherein the lens is a convex lens having a surface facing the light entrance portion and the optical detector, and a convex surface facing the reflective diffraction grating.
Warren teaches wherein the lens is a convex lens (110) having a surface facing the light entrance portion and the optical detector (discloses lens rear surface faces the slit and directs light toward the detector, [0039-0040]), and a convex surface facing the reflective diffraction grating (discloses lens front surface is convex and faces the diffraction grating, [0039]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a convex lens of Warren to Sano to enhance the accuracy of spectral images on the detector, reduce stray light and back reflections, improve measurement precision across the spectral range, and increase optical throughput ([0040-0042]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA XING whose telephone number is (571)270-7743. The examiner can normally be reached Monday - Friday 9AM - 5 PM.
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/CHRISTINA I XING/ Examiner, Art Unit 2877
/Kara E. Geisel/ Supervisory Patent Examiner, Art Unit 2877