DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission.
For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19 are non-provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 2, 4, 3, 8, 10, 5, 6, 7, 11, 12, 14+13, 15, 16, 23, 18, respectively of U.S. Patent No. 12123830 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader than the patent, therefore, the patented claims anticipate the instant claims.
Claims 1, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19 of the instant application correspond to the patented claims as follows:
Instant application
USPAT 12123830 B2
1, 3, 4, 5, 6, 7, 9, 10, 11, 12
1, 2, 4, 3, 8, 10, 5, 6, 7, 11, respectively.
13, 14, 15, 16, 18, 19
12, 14+13, 15, 16, 23, 18, respectively.
Allowable Subject Matter
3. Claims 1, 3-7, 9-16 and 18-19 would be allowable once the Double Patenting rejection set forth in this Office Action is overcome.
4. Claims 2, 8, 17 and 20 are also be allowable because of their dependency status from claims 1 and 12.
Reason for Allowance
5. The following is a statement of reasons for the indication of allowable subject matter:
6. As to claims 1 and 12, the prior arts of record alone or in combination fails to teach or suggest the claimed limitation of “processing the received scattered diode laser radiation by correlating the received scattered diode laser radiation with the transmitted first output radiation to create one or more correlated data sets; and
forming an arca scan of locations in the first target arca to determine concentration of the gas between the optical device and the locations,
wherein multiple correlated data sets corresponding to fixed spatial points are used for determining concentration of the gas for each of the locations” along with all other limitations of claims 1 and 12.
7. Yu (US 2018/0058935 A1) teaches a method of operating an optical device but fails to teach the claimed limitations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIL AHMED whose telephone number is (571)272-1950. The examiner can normally be reached M-F: 9:00 AM - 5:00 PM.
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/JAMIL AHMED/Primary Examiner, Art Unit 2877