DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 9 is objected to because of the following informalities: the second to last line of the claim recites “sett a time”. It is assumed this should be “set a time”.
Appropriate correction is required.
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 1-3 and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al (WO 2020/153070 A1), references to English equivalent (US 2022/0082439 A1), hereinafter “Iguchi”, and further in view of Imura (US 2005/0128475 A1).
Regarding claim 1, Iguchi teaches a spectrometry device (abstract, Figs. 1-11) comprising:
an optical system configured to disperse measurement target light (Fig. 1, ref 10, paragraph [0027]);
a photodetector configured to detect a spectral image of the measurement target light dispersed by the optical system (ref 20, paragraph [0027]); and
an analysis unit configured to generate spectrum data of the measurement target light (ref 30, paragraph [0027]), wherein
the photodetector (Fig. 3) includes:
a first light receiving unit including a plurality of first pixel columns arrayed in a horizontal direction parallel to a wavelength axis of the spectral image, each of the plurality of first pixel columns including a plurality of first pixels arrayed in a vertical direction perpendicular to the wavelength axis (ref 21, paragraphs [0036]-[0037]);
a second light receiving unit juxtaposing with the first light receiving unit in the vertical direction and includes a plurality of second pixel columns arrayed in the horizontal direction, each of the plurality of second pixel columns including a plurality of second pixels arrayed in the vertical direction (ref 22, paragraphs [0036]-[0039]);
a first vertical transfer unit configured to transfer a first charge accumulated in each of the plurality of first pixels by receiving the spectral image for a first exposure time in the first light receiving unit, for each of the plurality of first pixel columns in the vertical direction (Fig. 4, paragraphs [0037]-[0041]);
a first horizontal transfer unit configured to transfer the first charge transferred by the first vertical transfer unit in the horizontal direction (Fig. 3, ref 23, Fig. 4, paragraphs [0037]-[0041]);
a first amplifier configured to output a first electric signal corresponding to an amount of the first charge transferred by the first horizontal transfer unit (Fig. 3, ref 25, paragraphs [0037]-[0038]);
a second vertical transfer unit configured to transfer a second charge accumulated in each of the plurality of second pixels by receiving the spectral image for a second exposure time longer than the first exposure time in the second light receiving unit, for each of the plurality of second pixel columns in the vertical direction (Fig. 4, paragraphs [0037]-[0038]);
a second horizontal transfer unit configured to transfer the second charge transferred by the second vertical transfer unit in the horizontal direction (Fig. 3, ref 24, Fig. 4, paragraphs [0037]-[0041]); and
a second amplifier configured to output a second electric signal corresponding to an amount of the second charge transferred by the second horizontal transfer unit (ref 26, paragraphs [0037]-[0038]), and
the analysis unit generates the spectrum data of the measurement target light based on the first spectrum data and the second spectrum data (paragraph [0032]).
Iguchi is silent regarding the analysis unit stores a first correction coefficient for correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic, stores a second correction coefficient for correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic, corrects the first electric signal using the first correction coefficient, corrects the second electric signal using the second correction coefficient, generates first spectrum data based on the corrected first electric signal, generates second spectrum data based on the corrected second electric signal, and generates the spectrum data of the measurement target light based on the first spectrum data and the second spectrum data.
However, Imura teaches a spectrometer device (abstract, Figs. 1-6) including wherein the analysis unit stores a first correction coefficient for correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic, stores a second correction coefficient for correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic, corrects the first electric signal using the first correction coefficient, corrects the second electric signal using the second correction coefficient, generates first spectrum data based on the corrected first electric signal, generates second spectrum data based on the corrected second electric signal (Figs. 5-9, paragraphs [0020], [0050], [0082]-[0113]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iguchi with the teaching of Imura by including wherein the analysis unit stores a first correction coefficient for correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic, stores a second correction coefficient for correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic, corrects the first electric signal using the first correction coefficient, corrects the second electric signal using the second correction coefficient, generates first spectrum data based on the corrected first electric signal, generates second spectrum data based on the corrected second electric signal in order to correct for exposure time dependent, non-linearity of the CCD.
Regarding claim 2, Iguchi teaches wherein the analysis unit generates the first spectrum data based on a first correspondence relationship between each of the plurality of first pixel columns and a wavelength on the wavelength axis, and generates the second spectrum data based on a second correspondence relationship between each of the plurality of second pixel columns and the wavelength on the wavelength axis (paragraphs [0032]-[0041]).
Regarding claim 3, Iguchi teaches wherein the analysis unit corrects at least one of the first spectrum data and the second spectrum data based on a ratio between a representative value of an intensity of the first spectrum data and a representative value of an intensity of the second spectrum data (paragraphs [0051]-[0052]).
Regarding claim 7, Iguchi teaches wherein the photodetector has an electronic shutter function that discharges the first charge accumulated in each of the plurality of first pixels over a predetermined time from a start of one frame time between a start of transfer of the first charge by the first vertical transfer unit to an end of transfer of the first charge by the first horizontal transfer unit, and the electronic shutter function that sets a time excluding the predetermined time in the one frame time as the first exposure time, and the analysis unit stores a third correction coefficient for correcting the first electric signal to make the linearity characteristic of the first amplifier match with the reference linearity characteristic in association with the predetermined time when the electronic shutter function is used, and corrects the first electric signal using the third correction coefficient (Fig. 5, paragraphs [0039]-[0047]).
Regarding claim 8, Iguchi teaches wherein the photodetector has an electronic shutter function to discharge the first charge accumulated in each of the plurality of first pixels over a predetermined time from a start of one frame time between a start of transfer of the first charge by the first vertical transfer unit to an end of transfer of the first charge by the first horizontal transfer unit, and the electronic shutter function to set a time excluding the predetermined time in the one frame time as the first exposure time, and the analysis unit generates the first spectrum data based on the first correspondence relationship corresponding to at least one of the predetermined time and the first exposure time (Fig. 5, paragraphs [0039]-[0047]).
Regarding claim 9, Iguchi teaches wherein the photodetector has an electronic shutter function to discharge the first charge accumulated in each of the plurality of first pixels over a predetermined time from a start of one frame time between a start of transfer of the first charge by the first vertical transfer unit to an end of transfer of the first charge by the first horizontal transfer unit, and the electronic shutter function to sett a time excluding the predetermined time in the one frame time as the first exposure time (Fig. 5, paragraphs [0039]-[0047]).
Regarding claim 10, Iguchi is silent regarding wherein the analysis unit generates a first function of the first spectrum data and a second function of the second spectrum data when the first light receiving unit and the second light receiving unit are exposed for an identical exposure time, and corrects at least one of the first spectrum data and the second spectrum data based on a ratio between the first function and the second function.
However, Imura teaches wherein the analysis unit generates a first function of the first spectrum data and a second function of the second spectrum data when the first light receiving unit and the second light receiving unit are exposed for an identical exposure time, and corrects at least one of the first spectrum data and the second spectrum data based on a ratio between the first function and the second function (paragraphs [0050], [0083]-[0113])
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iguchi with the teaching of Imura by including wherein the analysis unit generates a first function of the first spectrum data and a second function of the second spectrum data when the first light receiving unit and the second light receiving unit are exposed for an identical exposure time, and corrects at least one of the first spectrum data and the second spectrum data based on a ratio between the first function and the second function in order to perform a correction on the sensitivity specific to a detector.
Regarding claim 11, Iguchi teaches wherein the analysis unit corrects at least one of the first spectrum data and the second spectrum data based on a ratio between the first exposure time and the second exposure time (paragraphs [0047]-[0054]).
Regarding claim 12, Iguchi teaches a spectrometry device (abstract, Figs. 1-11) comprising:
an optical system configured to disperse measurement target light (Fig. 1, ref 10, paragraph [0027]);
a photodetector configured to detect a spectral image of the measurement target light dispersed by the optical system (ref 20, paragraph [0027]); and
a storage unit (ref 30, paragraphs [0032]-[0033]), wherein
the photodetector (Fig. 3) includes:
a first light receiving unit including a plurality of first pixel columns arrayed in a horizontal direction parallel to a wavelength axis of the spectral image, each of the plurality of first pixel columns including a plurality of first pixels arrayed in a vertical direction perpendicular to the wavelength axis (ref 21, paragraphs [0036]-[0037]);
a second light receiving unit juxtaposing with the first light receiving unit in the vertical direction and includes a plurality of second pixel columns arrayed in the horizontal direction, each of the plurality of second pixel columns including a plurality of second pixels arrayed in the vertical direction (ref 22, paragraphs [0036]-[0039]);
a first vertical transfer unit configured to transfer a first charge accumulated in each of the plurality of first pixels by receiving the spectral image for a first exposure time in the first light receiving unit, for each of the plurality of first pixel columns in the vertical direction (Fig. 4, paragraphs [0037]-[0041]);
a first horizontal transfer unit configured to transfer the first charge transferred by the first vertical transfer unit in the horizontal direction (Fig. 3, ref 23, Fig. 4, paragraphs [0037]-[0041]);
a first amplifier configured to output a first electric signal corresponding to an amount of the first charge transferred by the first horizontal transfer unit (Fig. 3, ref 25, paragraphs [0037]-[0038]);
a second vertical transfer unit configured to transfer a second charge accumulated in each of the plurality of second pixels by receiving the spectral image for a second exposure time longer than the first exposure time in the second light receiving unit, for each of the plurality of second pixel columns in the vertical direction (Fig. 4, paragraphs [0037]-[0038]);
a second horizontal transfer unit configured to transfer the second charge transferred by the second vertical transfer unit in the horizontal direction (Fig. 3, ref 24, Fig. 4, paragraphs [0037]-[0041]); and
a second amplifier configured to output a second electric signal corresponding to an amount of the second charge transferred by the second horizontal transfer unit (ref 26, paragraphs [0037]-[0038]).
Iguchi is silent regarding the storage unit stores a first correction coefficient for correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic, and stores a second correction coefficient for correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic.
However, Imura teaches a spectrometer device (abstract, Figs. 1-6) including the storage unit stores a first correction coefficient for correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic, and stores a second correction coefficient for correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic (Figs. 5-9, paragraphs [0020], [0050], [0082]-[0113]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iguchi with the teaching of Imura by including wherein the storage unit stores a first correction coefficient for correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic, and stores a second correction coefficient for correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic in order to correct for exposure time dependent, non-linearity of the CCD.
Regarding claim 13, Iguchi teaches a spectrometry method using a spectrometry device (abstract, Figs. 1-11), the spectrometry device (Fig. 1) including:
an optical system configured to disperse measurement target light (Fig. 1, ref 10, paragraph [0027]);
a photodetector configured to detect a spectral image of the measurement target light dispersed by the optical system (ref 20, paragraph [0027]); and
an analysis unit configured to generate spectrum data of the measurement target light (ref 30, paragraph [0027]),
the photodetector (Fig. 3) including:
a first light receiving unit including a plurality of first pixel columns arrayed in a horizontal direction parallel to a wavelength axis of the spectral image, each of the plurality of first pixel columns including a plurality of first pixels arrayed in a vertical direction perpendicular to the wavelength axis (ref 21, paragraphs [0036]-[0037]);
a second light receiving unit juxtaposing with the first light receiving unit in the vertical direction and includes a plurality of second pixel columns arrayed in the horizontal direction, each of the plurality of second pixel columns including a plurality of second pixels arrayed in the vertical direction (ref 22, paragraphs [0036]-[0039]);
a first vertical transfer unit configured to transfer a first charge accumulated in each of the plurality of first pixels by receiving the spectral image for a first exposure time in the first light receiving unit, for each of the plurality of first pixel columns in the vertical direction (Fig. 4, paragraphs [0037]-[0041]);
a first horizontal transfer unit configured to transfer the first charge transferred by the first vertical transfer unit in the horizontal direction (Fig. 3, ref 23, Fig. 4, paragraphs [0037]-[0041]);
a first amplifier configured to output a first electric signal corresponding to an amount of the first charge transferred by the first horizontal transfer unit (Fig. 3, ref 25, paragraphs [0037]-[0038]);
a second vertical transfer unit configured to transfer a second charge accumulated in each of the plurality of second pixels by receiving the spectral image for a second exposure time longer than the first exposure time in the second light receiving unit, for each of the plurality of second pixel columns in the vertical direction (Fig. 4, paragraphs [0037]-[0038]);
a second horizontal transfer unit configured to transfer the second charge transferred by the second vertical transfer unit in the horizontal direction (Fig. 3, ref 24, Fig. 4, paragraphs [0037]-[0041]); and
a second amplifier configured to output a second electric signal corresponding to an amount of the second charge transferred by the second horizontal transfer unit (ref 26, paragraphs [0037]-[0038]),
the spectrometry method comprising:
a step of generating the spectrum data of the measurement target light based on the first spectrum data and the second spectrum data (paragraph [0032])..
Iguchi is silent regarding a step of correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic and correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic; a step of generating first spectrum data based on the corrected first electric signal and generating second spectrum data based on the corrected second electric signal.
However, Imura teaches a spectrometry method (abstract, Figs. 1-6) including a step of correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic and correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic; a step of generating first spectrum data based on the corrected first electric signal and generating second spectrum data based on the corrected second electric signal (Figs. 5-9, paragraphs [0020], [0050], [0082]-[0113]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Iguchi with the teaching of Imura by including a step of correcting the first electric signal to make a linearity characteristic of the first amplifier match with a reference linearity characteristic and correcting the second electric signal to make a linearity characteristic of the second amplifier match with the reference linearity characteristic; a step of generating first spectrum data based on the corrected first electric signal and generating second spectrum data based on the corrected second electric signal in order to correct for exposure time dependent, non-linearity of the CCD.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Iguchi and Imura as applied to claim 1 above, and further in view of Gunji et al. (US 2018/0031423 A1), hereinafter “Gunji”.
Regarding claim 4, Iguchi is silent regarding wherein the analysis unit performs correction on the second spectrum data to remove stray light generated in the optical system.
However, Gunji teaches a spectrometry device (abstract, Fig. 1) including wherein the analysis unit performs correction on the second spectrum data to remove stray light generated in the optical system (paragraphs [0048]-[0073]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Iguchi with the teaching of Gunji by including wherein the analysis unit performs correction on the second spectrum data to remove stray light generated in the optical system in order to remove the influence of stray light from a spectrum.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi and Imura as applied to claim 1 above, and further in view of Suzuki (JP2012242175A), references to English machine translation, hereinafter “Suzuki”.
Regarding claim 5, Iguchi is silent regarding a fiber bundle including a plurality of optical fibers guiding the measurement target light to the optical system and having an incident end face having a circular shape and an emitting end face having an elongated shape, wherein the plurality of optical fibers include a plurality of first optical fibers disposed on one side with respect to a center of the emitting end face in the emitting end face and a plurality of second optical fibers disposed on another side with respect to the center of the emitting end face in the emitting end face, and each of the plurality of first optical fibers and each of the plurality of second optical fibers are adjacent to each other in at least one of a circumferential direction and a radial direction in the incident end face.
However, Suzuki teaches a spectrometry device (abstract, Figs. 1-5) including a fiber bundle including a plurality of optical fibers guiding the measurement target light to the optical system and having an incident end face having a circular shape and an emitting end face having an elongated shape, wherein the plurality of optical fibers include a plurality of first optical fibers disposed on one side with respect to a center of the emitting end face in the emitting end face and a plurality of second optical fibers disposed on another side with respect to the center of the emitting end face in the emitting end face, and each of the plurality of first optical fibers and each of the plurality of second optical fibers are adjacent to each other in at least one of a circumferential direction and a radial direction in the incident end face (paragraphs [0021]-[0042]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iguchi with the teaching of Suzuki by including a fiber bundle including a plurality of optical fibers guiding the measurement target light to the optical system and having an incident end face having a circular shape and an emitting end face having an elongated shape, wherein the plurality of optical fibers include a plurality of first optical fibers disposed on one side with respect to a center of the emitting end face in the emitting end face and a plurality of second optical fibers disposed on another side with respect to the center of the emitting end face in the emitting end face, and each of the plurality of first optical fibers and each of the plurality of second optical fibers are adjacent to each other in at least one of a circumferential direction and a radial direction in the incident end face in order to provide efficient light delivery to the sensor.
Regarding claim 6, Iguchi is silent regarding a fiber bundle including a plurality of optical fibers guiding the measurement target light to the optical system; and a light diffusion unit disposed at a preceding stage of the fiber bundle and configured to diffuse and guide the measurement target light to an incident end face of the fiber bundle.
However, Suzuki teaches a spectrometry device (abstract, Figs. 1-5) including a fiber bundle including a plurality of optical fibers guiding the measurement target light to the optical system; and a light diffusion unit disposed at a preceding stage of the fiber bundle and configured to diffuse and guide the measurement target light to an incident end face of the fiber bundle (paragraphs [0021]-[0042]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Iguchi with the teaching of Suzuki by including a fiber bundle including a plurality of optical fibers guiding the measurement target light to the optical system; and a light diffusion unit disposed at a preceding stage of the fiber bundle and configured to diffuse and guide the measurement target light to an incident end face of the fiber bundle in order to provide efficient light delivery to the sensor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ishimaru (US 2024/0385107) teaches a conventional spectrometry device including pixels arrayed in a first and second axis, and could be combined with prior art or record to render at least the independent claims obvious.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC J BOLOGNA whose telephone number is (571)272-9282. The examiner can normally be reached Monday - Friday 7:30am-3:30pm.
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/DOMINIC J BOLOGNA/Primary Examiner, Art Unit 2877
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