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 .
Response to Amendment
The amendment filed 07/01/2026 is acknowledged and entered. Claims 1-10 are pending.
Claims 1-2 and 5-9 have been amended so that the 112(f) interpretations of accumulation unit (claims 1-2, 5-6), readout unit (claims 1-2, 5-6), semiconductor element (claim 1), generation unit (claim 1), conversion unit (claim 2), analysis unit (claim 7), light source unit (claim 9), and light guiding optical system (claim 9) no longer applies.
It is noted that in the Non-Final Rejection dated 03/12/2026, a 112(f) interpretation for “semiconductor element” in claim 8 was established, however, that is an error as there is no semiconductor element in claim 8. Therefore, the 112(f) interpretation of semiconductor element in claim 8 is withdrawn.
Claim 9 has been amended to recite “light guiding optical assembly” which has a 112(f) interpretation. Regarding the term “light guiding optical assembly” in claim 9, MPEP 2181(I)(A) recites that “The standard is whether the words of the claim are understood by persons of ordinary skill in the art to have a sufficiently definite meaning as the name for structure.” The word “assembly” in light guiding optical assembly does not provide any indication of structure because it sets forth the same black box recitation of structure for providing the same specified function as if the term “means” had been used.
Spectroscopic element in claim 1 is now being interpreted under 112(f). The word “element” in spectroscopic element is a generic placeholder for the term “means”. Spectroscopic element is modified by the functional language “to acquire spectroscopic spectrum data of light”, and further is not modified by sufficient structure, material, or acts for performing the claimed function.
Response to Arguments
Applicant’s argument, see page 7, filed 07/01/2026, regarding the newly amended claim limitation “light guiding optical assembly” not being interpreted under 112(f) is not persuasive. Regarding the term “light guiding optical assembly” in claim 9, MPEP 2181(I)(A) recites that “The standard is whether the words of the claim are understood by persons of ordinary skill in the art to have a sufficiently definite meaning as the name for structure.” The word “assembly” in light guiding optical assembly does not provide any indication of structure because it sets forth the same black box recitation of structure for providing the same specified function as if the term “means” had been used.
Applicant’s arguments, see page 8-10, filed 07/01/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 has been fully considered and is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bechen (DE102014218243A1, where portions of an attached translation are cited below).
Bechen, related to spectroscopy, does teach a charge readout circuit (Figs. 1-3: Signal readout circuits Out1 – OutM) that is arranged for each charge accumulator (Figs. 1-3: floating diffusion FD11 to FD1M) arranged for each column at an end portion (shown in Figs. 1-3) in the column direction of the pixel unit (Figs. 1-3: All CCD cell columns 121).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nordmann combined with Nakamura to incorporate a charge readout circuit that is arranged for each charge accumulator arranged for each column at an end portion in the column direction of the pixel unit, as disclosed by Bechen. The above-mentioned configuration has the advantage of being able to read out electrical signals in parallel which increases the read-out speed compared to conventional CCD sensors which read out lines by serial shifting ([0017] from Bechen).
Claim Interpretation
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 limitation(s) uses 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 limitation(s) is/are:
“Spectroscopic element” in claim 1. Here the word “element” is a generic placeholder for the term “means”, is modified by the functional language “to acquire spectroscopic spectrum data of light”, and further is not modified by sufficient structure, material, or acts for performing the claimed function.
“light guiding optical assembly” in claim 9. Here the word “assembly” is a generic placeholder for the term “means”, is modified by the functional language “guiding Raman scattered light”, and further is not modified by sufficient structure, material, or acts for performing the claimed function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Examples of structure corresponding to “a spectroscopic element” was found in the specification in paragraph [0027] where examples of a spectroscopic element include a prism, a diffraction grating, a crystal spectroscopic element, a concave diffraction grating, and the like.
Examples of structure corresponding to “a light guiding optical assembly” was found in the specification in paragraph [0026] where a light guiding optical system which is equivalent to a light guiding optical assembly includes, for example, a collimating lens, one or a plurality of mirrors, a slit, and the like.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1, 7-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Nordman (US 2005/0213093 A1) in view of Nakamura (JP 2012194438 A, which was disclosed in the IDS dated 12/27/2024, with portions of an attached translation cited below) and further in view of Bechen (DE102014218243A1, where portions of an attached translation are cited below).
Regarding Claim 1 and Claim 10, Nordman teaches a spectroscopic device receiving light wavelength-resolved in a predetermined direction by a spectroscopic optical system including a spectroscopic element to acquire spectroscopic spectrum data of the light, the spectroscopic device and method ([0050-0051]: Light is spectrally distributed by a transmission grating 28 (shown in Fig. 1) and detected by a detector array 34 of CCD 32.) comprising:
a CCD type imaging element (Fig. 1: CCD 32) including:
a pixel unit (Figs. 1-3: photo-detecting surface 36 of detector array 34) including a plurality of pixels arranged in a row direction along a wavelength resolution direction of the light and in a column direction perpendicular to the row direction where the pixel unit receives the wavelength-resolved light ([0050]: Emitted light 22 is spectrally distributed by a transmission grating 28 and then refocused by re-imaging optical system 30 onto a detector array 34 where the detector array 34 is a two dimensional detector array which would have pixels arranged in a row direction and a column direction perpendicular to the row direction [0051].),
a charge accumulator (Fig. 1: serial register 42) arranged for each column at an end portion in the column direction of the pixel unit and accumulating charges generated in pixels of each column ([0051-0052]: “Serial register 42 of the CCD 32 (FIG. 1) collects the charges accumulated for each analyte band during its integration time.” Shown in Fig. 2 and 3), and
a charge readout circuit (Fig. 2-3: readout register 44) outputting an electrical signal of each column corresponding to a magnitude of the charges accumulated in the charge accumulator ([0052]: “The charge information in the serial row is then read by using a corresponding single on-chip amplifier or readout register 44 of the CCD.”);
and
a signal processor (multipurpose computer from [0051]) generating spectroscopic spectrum data on the basis of the digital signal output from the signal conversion circuit ([0051]: “All signals received from the detector can be converted from analog to digital and conveyed to a serial port for transmission to a multipurpose computer for storage and for further processing and analysis.”).
Nordman appears to be silent to having a semiconductor signal conversion circuit for converting the electrical signal into a digital signal and outputting the digital signal.
Nakamura, related to a spectroscopic sensor, does teach a semiconductor signal conversion circuit (electronic circuit from [0017] which includes a semiconductor element 40) for converting the electrical signal into a digital signal (electronic circuit from [0017] which includes a semiconductor element 40 that amplifies an analog signal and converts it to a digital signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nordman to incorporate a semiconductor signal conversion circuit for converting the electrical signal into a digital signal, as disclosed by Nakamura. The use of a semiconductor signal conversion circuit that performs analog to digital conversion is well-known. Therefore, one of ordinary skill in the art would have found it obvious to combine prior art elements according to known methods (use of a semiconductor signal conversion circuit as an analog-to-digital converter) to yield predictable results (to allow a device, such as a computer, to receive the digital signal for analysis) (MPEP 2143 (I)(A)).
Nordman modified by Nakamura (for the above configuration which is a first modification) appears to be silent to outputting the digital signal.
However, Nordman does teach outputting the digital signal ([0051]: “All signals received from the detector can be converted from analog to digital and conveyed to a serial port for transmission to a multipurpose computer for storage and for further processing and analysis.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nordman combined with Nakamura (for the first modification) to incorporate outputting the digital signal, as disclosed by Nordman. Outputting a digital signal is well-known in the field of endeavor. Therefore, one of ordinary skill in the art would have found it obvious to combine prior art elements according to known methods (outputting digital signals) to yield predictable results (for further processing and analysis ([0051] from Nordman)) (MPEP 2143 (I)(A)).
Nordman modified by Nakamura (second modification) teaches a signal processor (Nordman, multipurpose computer from [0051]) generating spectroscopic spectrum data on the basis of the digital signal output from the semiconductor signal conversion circuit (Nakamura, electronic circuit from [0017] which includes a semiconductor element 40).
Nordman modified by Nakamura (second modification) appears to be silent to the charge readout circuit is arranged for each charge accumulator arranged for each column at an end portion in the column direction of the pixel unit.
Bechen, related to spectroscopy, does teach a charge readout circuit (Figs. 1-3: Signal readout circuits Out1 – OutM 22) that is arranged for each charge accumulator (Figs. 1-3: floating diffusion FD11 to FD1M 20) arranged for each column at an end portion (shown in Figs. 1-3) in the column direction of the pixel unit (Figs. 1-3: All CCD cell columns 121).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nordmann combined with Nakamura (second modification) to incorporate a charge readout circuit that is arranged for each charge accumulator arranged for each column at an end portion in the column direction of the pixel unit, as disclosed by Bechen. The above-mentioned configuration has the advantage of being able to read out electrical signals in parallel which increases the read-out speed compared to conventional CCD sensors which read out lines by serial shifting ([0017] from Bechen).
Regarding Claim 7, Nordman modified by Nakamura and Bechen teaches the spectroscopic device according to claim 1.
Nordman modified by Nakamura and Bechen further teaches a spectrum data analyzer (Nordman, multipurpose computer from [0051]) analyzing the spectroscopic spectrum data (Nordman, [0051]: Data can be sent to a multipurpose computer for further processing and analysis.).
Regarding Claim 8, Nordman modified by Nakamura and Bechen teaches the spectroscopic device according to claim 1.
Nordman modified by Nakamura and Bechen further teaches that the spectroscopic optical system includes the spectroscopic element (Nordman, Fig. 1: transmitting grating 28 and re-imaging optical system 30 correspond to the spectroscopic optical system which includes the spectroscopic element because the transmitting grating 28 spectrally distributes the emitted light 22 which is then refocused by the re-imaging optical system 30 onto a detector array 34 [0050-0051].).
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Nordman (US 2005/0213093 A1) in view of Nakamura (JP 2012194438 A, which was disclosed in the IDS dated 12/27/2024, with portions of an attached translation cited below) and Bechen (DE102014218243A1, where portions of an attached translation are cited below), and further in view of Iguchi (JP 2020118477 A, which was disclosed in the IDS dated 12/27/2024, with portions of an attached translation cited below).
Regarding Claim 2, Nordman modified by Nakamura and Bechen teaches the spectroscopic device according to claim 1.
Nordman modified by Nakamura and Bechen further teaches the imaging element (Nordman, Fig. 1: CCD 32) and the semiconductor signal conversion circuit (Nakamura, electronic circuit from [0017] which includes a semiconductor element 40) which includes:
a first converter converting the first electrical signal of each column output from the first charge readout circuit into a digital signal and outputting the digital signal (Nakamura, [0017]: Electronic circuit converts analog signals to digital signals.).
Nordman modified by Nakamura and Bechen appears to be silent to a first pixel unit and a second pixel unit divided in the column direction,
a first charge accumulator and a second charge accumulator, the first charge accumulator being arranged for each column at an end portion in the column direction of the first pixel unit and accumulating charges generated in pixels of each column, and the second charge accumulator being arranged for each column at an end portion in the column direction of the second pixel unit and accumulating charges generated in pixels of each column, and
a first charge readout circuit and a second charge readout circuit, the first charge readout circuit outputting a first electrical signal of each column corresponding to a magnitude of the charges accumulated in the first charge accumulator, and the second charge readout circuit outputting a second electrical signal of each column corresponding to a magnitude of the charges accumulated in the second charge accumulator, and
the semiconductor signal conversion circuit includes:
a second converter converting the second electrical signal of each column output from the second charge readout circuit into a digital signal and outputting the digital signal.
Iguchi, related to spectroscopy, does teach a first pixel unit (Fig. 3: first area 21) and a second pixel unit (Fig. 3: first area 22) divided in the column direction (shown in annotated Fig. 3 below),
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a first charge accumulator (Fig. 3: horizontal shift register 23) and a second charge accumulator (Fig. 3: horizontal shift register 24), the first charge accumulator being arranged for each column at an end portion in the column direction of the first pixel unit and accumulating charges generated in pixels of each column (shown in Fig. 3 and described in [0027]), and the second charge accumulator being arranged for each column at an end portion in the column direction of the second pixel unit and accumulating charges generated in pixels of each column (shown in Fig. 3 and described in [0028]), and
a first charge readout circuit (Fig. 3: amplifier 25) and a second charge readout circuit (Fig. 3: amplifier 26), the first charge readout circuit outputting a first electrical signal of each column corresponding to a magnitude of the charges accumulated in the first charge accumulator (shown in Fig. 3 and described in [0027] where charges from the horizontal shift register is output from the amplifier), and the second charge readout circuit outputting a second electrical signal of each column corresponding to a magnitude of the charges accumulated in the second charge accumulator (shown in Fig. 3 and described in [0028] where charges from the horizontal shift register is output from the amplifier), and
the spectroscopic measurement device includes:
a second converter converting the second electrical signal of each column output from the second charge readout circuit into a digital signal and outputting the digital signal ([0027] and [0028]: Outputs from amplifier 25 and amplifier 26 are AD converted by their respective AD converters to be a digital value.).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nordman combined with Nakamura and Bechen to incorporate a first pixel unit and a second pixel unit divided in the column direction,
a first charge accumulator and a second charge accumulator, the first charge accumulator being arranged for each column at an end portion in the column direction of the first pixel unit and accumulating charges generated in pixels of each column, and the second charge accumulator being arranged for each column at an end portion in the column direction of the second pixel unit and accumulating charges generated in pixels of each column, and
a first charge readout circuit and a second charge readout circuit, the first charge readout circuit outputting a first electrical signal of each column corresponding to a magnitude of the charges accumulated in the first charge accumulator, and the second charge readout circuit outputting a second electrical signal of each column corresponding to a magnitude of the charges accumulated in the second charge accumulator, and
the semiconductor signal conversion circuit includes:
a second converter converting the second electrical signal of each column output from the second charge readout circuit into a digital signal and outputting the digital signal, as disclosed by Iguchi. The advantage of the above-mentioned imaging element is that a spectroscopic measurement device can acquire an optical spectrum of a high dynamic range using one photodetector/imaging element ([0011] from Iguchi).
Regarding Claim 3, Nordman modified by Nakamura, Bechen, and Iguchi teaches the spectroscopic device according to claim 2.
Nordman modified by Nakamura, Bechen, and Iguchi, for claim 2, appears to be silent to a first exposure time of each pixel belonging to the first pixel unit is shorter than a second exposure time of each pixel belonging to the second pixel unit.
Iguchi, related to spectroscopy, does teach that a first exposure time of each pixel belonging to the first pixel unit is shorter than a second exposure time of each pixel belonging to the second pixel unit ([0012]: The first region 21 (first pixel unit) has a first exposure time and the second region 22 (second pixel unit) has a second exposure time where the second exposure time is longer than the first exposure time.; [0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nordman combined with Nakamura, Bechen, and Iguchi (for claim 2) so that a first exposure time of each pixel belonging to the first pixel unit is shorter than a second exposure time of each pixel belonging to the second pixel unit, as disclosed by Iguchi. The advantage of the above-mentioned exposure times is that they have the advantage of allowing a spectroscopic measurement device to be able to acquire an optical spectrum of high dynamic range using one photodetector ([0011] from Iguchi).
Regarding Claim 4, Nordman modified by Nakamura, Bechen, and Iguchi teaches the spectroscopic device according to claim 3.
Nordman modified by Nakamura, Bechen, and Iguchi further teaches that the image data of a plurality of frames is acquired in the first pixel unit during a period in which image data of one frame is acquired in the second pixel unit (Iguchi, [0030-0031]: “…the second exposure time in the second area 22 is about 5 times the first exposure time in the first area 21.” Figure 4 shows a timing chart showing a first operation example of the photodetector 20.).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nordman (US 2005/0213093 A1) in view of Nakamura (JP 2012194438 A, which was disclosed in the IDS dated 12/27/2024, with portions of an attached translation cited below) and Bechen (DE102014218243A1, where portions of an attached translation are cited below), and further in view of Hammer (US 2002/0180970 A1).
Regarding Claim 5, Nordman modified by Nakamura and Bechen teaches the spectroscopic device according to claim 1.
Nordman modified by Nakamura and Bechen further teaches the imaging element (Nordman, Fig. 1: CCD 32).
Nordman modified by Nakamura and Bechen appears to be silent to the imaging element includes:
a first pixel unit and a second pixel unit divided in the row direction,
a first charge accumulator and a second charge accumulator, the first charge accumulator being arranged for each column at an end portion in the column direction of the first pixel unit and accumulating charges generated in pixels of each column, and the second charge accumulator being arranged for each column at an end portion in the column direction of the second pixel unit and accumulating charges generated in pixels of each column, and
a first charge readout circuit and a second charge readout circuit, the first charge readout circuit outputting a first electrical signal of each column corresponding to a magnitude of the charges accumulated in the first charge accumulator, and the second charge readout circuit outputting a second electrical signal of each column corresponding to a magnitude of the charges accumulated in the second charge accumulator.
Hammer, related to spectroscopy, does teach a first pixel unit and a second pixel unit divided in the row direction (shown in annotated Fig. 2 below where the row direction is vertical [0047]),
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a first charge accumulator (Fig. 2: sides of serial transfer 102 or 104 that corresponds to the first pixel unit) and a second charge accumulator (Fig. 2: sides of serial transfer 102 or 104 that corresponds to the second pixel unit), the first charge accumulator being arranged for each column at an end portion in the column direction of the first pixel unit and accumulating charges generated in pixels of each column, and the second charge accumulator being arranged for each column at an end portion in the column direction of the second pixel unit and accumulating charges generated in pixels of each column (shown in Fig. 2), and
a first charge readout circuit (Fig. 2: output amplifier 106 or 110) and a second charge readout circuit (Fig. 2: output amplifier 108 or 112), the first charge readout circuit outputting a first electrical signal of each column corresponding to a magnitude of the charges accumulated in the first charge accumulator (shown in Fig. 2), and the second charge readout circuit outputting a second electrical signal of each column corresponding to a magnitude of the charges accumulated in the second charge accumulator (shown in Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nordman combined with Nakamura and Bechen to incorporate an imaging element that includes:
a first pixel unit and a second pixel unit divided in the row direction,
a first charge accumulator and a second charge accumulator, the first charge accumulator being arranged for each column at an end portion in the column direction of the first pixel unit and accumulating charges generated in pixels of each column, and the second charge accumulator being arranged for each column at an end portion in the column direction of the second pixel unit and accumulating charges generated in pixels of each column, and
a first charge readout circuit and a second charge readout circuit, the first charge readout circuit outputting a first electrical signal of each column corresponding to a magnitude of the charges accumulated in the first charge accumulator, and the second charge readout circuit outputting a second electrical signal of each column corresponding to a magnitude of the charges accumulated in the second charge accumulator, as disclosed by Hammer. The advantage of the above-mentioned imaging element is that the speed of readout is increased ([0050] from Hammer).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nordman (US 2005/0213093 A1) in view of Nakamura (JP 2012194438 A, which was disclosed in the IDS dated 12/27/2024, with portions of an attached translation cited below) and Bechen (DE102014218243A1, where portions of an attached translation are cited below), and further in view of Roussel (US 2010/0134792 A1).
Regarding Claim 9, Nordman modified by Nakamura and Bechen teaches a spectroscopic measurement device comprising the spectroscopic device according to claim 1.
Nordman modified by Nakamura and Bechen further teaches an excitation light source (Nordman, Fig. 1: LED 16) generating light with which a sample is irradiated (Nordman, Fig. 1: sample within channel 12 is irradiated); and
a light guiding optical assembly (Nordman, Fig. 1: elements 24 to 30) guiding light generated by irradiating the sample with the light to the spectroscopic device (Nordman, shown in Fig. 1).
Nordman modified by Nakamura and Bechen appears to be silent to having a Raman spectroscopic measurement device where a light guiding optical system guides Raman scattered light generated by irradiated by the sample with light to the spectroscopic device.
Roussel, related to spectroscopy, does teach a Raman spectroscopic measurement device (device shown in Fig. 1) where a light guiding optical system guides (Fig. 1: objective 5, galvanometric mirror 14a, and filtering means 22) Raman scattered light generated by irradiated by the sample (Fig. 1: sample 2) with light to the spectroscopic device (Fig. 1: spectroscopic means 19 of the spectroscopic imaging system shown in Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nordman combined with Nakamura and Bechen to incorporate a Raman spectroscopic measurement device where a light guiding optical system guides Raman scattered light generated by irradiated by the sample with light to the spectroscopic device, as disclosed by Roussel. Raman spectroscopy is a well-known analytical spectroscopic technique with the advantage of providing molecule-specific information about a sample ([0003] from Roussel).
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 6, Nordman modified by Nakamura, Bechen, and Hammer teaches the spectroscopic device according to claim 5.
Nordman modified by Nakamura, Bechen, and Hammer further teaches that the first charge readout circuit (Hammer, Fig. 2: output amplifier 106 of 110) outputs the first electrical signal of each column at a stage where charges generated in pixels corresponding to a first number of rows are accumulated in the first charge accumulator (Hammer, Fig. 2: sides of serial transfer 102 or 104 that correspond to the first pixel unit), and
the second charge readout circuit (Hammer, Fig. 2: output amplifier 108 or 112) outputs the second electrical signal of each column at a stage where charges generated in pixels corresponding to a second number of rows accumulated in the second charge accumulator (Hammer, Fig. 2: sides of serial transfer 102 or 104 that correspond to the second pixel unit).
Nordman modified by Nakamura, Bechen, and Hammer does not teach that the first charge readout circuit outputs the first electrical signal of each column at a stage where charges generated in pixels corresponding to a first number of rows are accumulated in the first charge accumulator, and the second charge readout circuit outputs the second electrical signal of each column at a stage where charges generated in pixels corresponding to a second number of rows smaller than the first number of rows are accumulated in the second charge accumulator.
Therefore, as to Claim 6, the prior art of record, taken either alone or in combination, fails to disclose or render obvious a spectroscopic device receiving light wavelength-resolved in a predetermined direction by a spectroscopic optical system including a spectroscopic element to acquire spectroscopic spectrum data of the light, the spectroscopic device comprising that the first charge readout circuit outputs the first electrical signal of each column at a stage where charges generated in pixels corresponding to a first number of rows are accumulated in the first charge accumulator, and the second charge readout circuit outputs the second electrical signal of each column at a stage where charges generated in pixels corresponding to a second number of rows smaller than the first number of rows are accumulated in the second charge accumulator, in combination with the rest of the limitations in Claim 6.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUDY DAO TRAN whose telephone number is (571)270-0085. The examiner can normally be reached Mon-Fri. 9:30am-5:00pm EST.
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/JUDY DAO TRAN/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
