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 .
This Office Action is in response to amendments and remarks filed July 1, 2026. Claims 1-27 are currently pending.
Response to Arguments
Applicant’s arguments, see arguments, filed July 1, 2026, with respect to the 35 USC 103 rejection of claim 1 in view of Kim et al. (US 20090213370) in view of Bashkansky et al. (US 5418797) and Tamada (US 20140268131) have been fully considered and are persuasive. The rejection in view of 35 USC 103 of claim 1 and its corresponding dependents has been withdrawn.
The non-statutory type double patenting rejections in Office Action dated April 2, 2026 still remain.
Double Patenting
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 5, 10, 12, 19, 20, 21, 22, 23 and 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 7, 25 and 28 of U.S. Patent No. 12203862 in view of Bashkansky et al. (US 5418797).
In regards to claims 1, 12203862 teaches a Raman spectroscopy system comprising: a pump light source configured to produce a pump beam of light at a pump frequency; a Stokes light source configured to produce a Stokes beam of light at a Stokes frequency, wherein the pump and Stokes frequencies are offset by a frequency offset Ω (claim 1, lines 1-7); one or more optical elements configured to (i) direct the pump and Stokes beams to a sample located external to the system and (ii) direct a Raman signal to the system, wherein the Raman signal is produced by coherent Raman scattering of the pump and Stokes beams of light at the sample; an optical receiver configured to detect the Raman signal (claim 1, lines 8-12), the optical receiver comprising: a probe light source configured to produce a probe beam of light at a probe frequency; an optical detector configured to coherently mix the Raman signal with the probe beam of light to produce a corresponding photocurrent signal; and an electronic circuit configured to produce a digital output signal corresponding to the photocurrent signal; and a processor configured to determine a characteristic of the photocurrent signal based on the digital output signal (claim 1, lines 13-26), but does not specifically teach one or more optical fibers. Bashkansky teaches one or more optical fibers (80/90) configured to (i) direct an input beam (Si) to a sample (17) located external to a system and (ii) direct a Raman signal to the system (Ss) (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the optical elements of 12203862 be optical fibers in the Raman spectroscopy system similar to Bashkansky in order to more efficiently guide light to and from the sample with less light loss providing for higher quality light detection and measurements.
Claims 2, 5, 10, 12, 19, 20, 21, 22, 23 and 24 are obvious over claims 1, 2, 3, 5, 7, 25 and 28 of U.S. Patent No. 12203862 in view of Bashkansky.
Claims 1, 2, 5, 10, 12, 20, 22 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 22-24 of copending Application No. 18/762420 in view of Bashkansky et al. (5418797).
In regards to claim 1, 18/762420 teaches a Raman spectroscopy system comprising: a pump light source configured to produce a pump beam of light at a pump frequency; a Stokes light source configured to produce a Stokes beam of light at a Stokes frequency, wherein the pump and Stokes frequencies are offset by a frequency offset Ω (claim 1, lines 1-4); one or more optical elements configured to (i) direct the pump and Stokes beams to a sample located external to the system and (ii) direct a Raman signal to the system, wherein the Raman signal is produced by coherent Raman scattering of the pump and Stokes beams of light at the sample; an optical receiver configured to detect the Raman signal (claim 1, lines 5-9), the optical receiver comprising: a probe light source configured to produce a probe beam of light at a probe frequency; an optical detector configured to coherently mix the Raman signal with the probe beam of light to produce a corresponding photocurrent signal; and an electronic circuit configured to produce a digital output signal corresponding to the photocurrent signal; and a processor configured to determine a characteristic of the photocurrent signal based on the digital output signal (claim 1, lines 10-15), but does not specifically teach one or more optical fibers. Bashkansky teaches one or more optical fibers (80/90) configured to (i) direct an input beam (Si) to a sample (17) located external to a system and (ii) direct a Raman signal to the system (Ss) (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the optical elements of 18/762420 be optical fibers in the Raman spectroscopy system similar to Bashkansky in order to more efficiently guide light to and from the sample with less light loss providing for higher quality light detection and measurements.
Claims 2, 5, 10, 12, 20, 22 and 25 are obvious over claims 1 and 22-24 of provisional application 18/762420 in view of Bashkansky.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 2, 5, 10, 12, 20, 22 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 8 and 18 of copending Application No. 18/762415 in view of Bashkansky et al. (5418797).
In regards to claim 1, 18/762415 teaches a Raman spectroscopy system comprising: a pump light source configured to produce a pump beam of light at a pump frequency; a Stokes light source configured to produce a Stokes beam of light at a Stokes frequency, wherein the pump and Stokes frequencies are offset by a frequency offset Ω (claim 1, lines 1-4); one or more optical elements configured to (i) direct the pump and Stokes beams to a sample located external to the system and (ii) direct a Raman signal to the system, wherein the Raman signal is produced by coherent Raman scattering of the pump and Stokes beams of light at the sample; an optical receiver configured to detect the Raman signal (claim 1, lines 5-8), the optical receiver comprising: a probe light source configured to produce a probe beam of light at a probe frequency; an optical detector configured to coherently mix the Raman signal with the probe beam of light to produce a corresponding photocurrent signal; and an electronic circuit configured to produce a digital output signal corresponding to the photocurrent signal; and a processor configured to determine a characteristic of the photocurrent signal based on the digital output signal (claim 1, lines 9-15), but does not specifically teach one or more optical fibers. Bashkansky teaches one or more optical fibers (80/90) configured to (i) direct an input beam (Si) to a sample (17) located external to a system and (ii) direct a Raman signal to the system (Ss) (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the optical elements of 18/762415 be optical fibers in the Raman spectroscopy system similar to Bashkansky in order to more efficiently guide light to and from the sample with less light loss providing for higher quality light detection and measurements.
Claims 2, 5, 10, 12, 20, 22 and 25 are obvious over claims 1, 7, 8 and 18 of provisional application 18/762415 in view of Bashkansky. This is a provisional nonstatutory double patenting rejection.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 2, 5, 10, 12, 16, 19-23 and 26 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 27-31, 33, 37 and 41 of copending Application No. 18/774723 in view of Bashkansky et al. (5418797).
In regards to claim 1, 18/774723 teaches a Raman spectroscopy system comprising: a pump light source configured to produce a pump beam of light at a pump frequency; a Stokes light source configured to produce a Stokes beam of light at a Stokes frequency, wherein the pump and Stokes frequencies are offset by a frequency offset Ω (claim 1, lines 1-6); one or more optical elements configured to (i) direct the pump and Stokes beams to a sample located external to the system and (ii) direct a Raman signal to the system, wherein the Raman signal is produced by coherent Raman scattering of the pump and Stokes beams of light at the sample; an optical receiver configured to detect the Raman signal (claim 1, lines 7-12), the optical receiver comprising: a probe light source configured to produce a probe beam of light at a probe frequency; an optical detector configured to coherently mix the Raman signal with the probe beam of light to produce a corresponding photocurrent signal; and an electronic circuit configured to produce a digital output signal corresponding to the photocurrent signal; and a processor configured to determine a characteristic of the photocurrent signal based on the digital output signal (claim 1, lines 13-26), but does not specifically teach one or more optical fibers. Bashkansky teaches one or more optical fibers (80/90) configured to (i) direct an input beam (Si) to a sample (17) located external to a system and (ii) direct a Raman signal to the system (Ss) (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the optical elements of 18/774723 be optical fibers in the Raman spectroscopy system similar to Bashkansky in order to more efficiently guide light to and from the sample with less light loss providing for higher quality light detection and measurements.
Claims 2, 5, 10, 12, 16, 19-23 and 26 are obvious over claims 1, 27-31, 33, 37 and 41 of provisional application 18/774723 in view of Bashkansky.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 2, 5, 10, 12, 16, 19-23 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-35 of U.S. Patent No. 12618714 in view of Bashkansky et al. (5418797).
In regards to claim 1, 12618714 teaches a Raman spectroscopy system comprising: a pump light source configured to produce a pump beam of light at a pump frequency; a Stokes light source configured to produce a Stokes beam of light at a Stokes frequency, wherein the pump and Stokes frequencies are offset by a frequency offset Ω (claim 1, lines 1-8); one or more optical elements configured to (i) direct the pump and Stokes beams to a sample located external to the system and (ii) direct a Raman signal to the system, wherein the Raman signal is produced by coherent Raman scattering of the pump and Stokes beams of light at the sample; an optical receiver configured to detect the Raman signal (claim 1, lines 9-13), the optical receiver comprising: a probe light source configured to produce a probe beam of light at a probe frequency; an optical detector configured to coherently mix the Raman signal with the probe beam of light to produce a corresponding photocurrent signal; and an electronic circuit configured to produce a digital output signal corresponding to the photocurrent signal; and a processor configured to determine a characteristic of the photocurrent signal based on the digital output signal (claim 1, lines 14-23), but does not specifically teach one or more optical fibers. Bashkansky teaches one or more optical fibers (80/90) configured to (i) direct an input beam (Si) to a sample (17) located external to a system and (ii) direct a Raman signal to the system (Ss) (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the optical elements of 12618714 be optical fibers in the Raman spectroscopy system similar to Bashkansky in order to more efficiently guide light to and from the sample with less light loss providing for higher quality light detection and measurements.
Claims 2, 5, 10, 12, 13, 16, 19, 20, 21, 22 and 23 are obvious over claims 1-35 of patent 12618714 in view of Bashkansky.
Claims 1, 2, 5, 10, 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19/550791 in view of Bashkansky et al. (5418797).
In regards to claim 1, 19/550791 teaches a Raman spectroscopy system comprising: a pump light source configured to produce a pump beam of light at a pump frequency; a Stokes light source configured to produce a Stokes beam of light at a Stokes frequency, wherein the pump and Stokes frequencies are offset by a frequency offset W (claim 1, lines 1-5); one or more optical elements configured to (i) direct the pump and Stokes beams to a sample located external to the system and (ii) direct a Raman signal to the system, wherein the Raman signal is produced by coherent Raman scattering of the pump and Stokes beams of light at the sample; an optical receiver configured to detect the Raman signal (claim 1, lines 6-8), the optical receiver comprising: a probe light source configured to produce a probe beam of light at a probe frequency; an optical detector configured to coherently mix the Raman signal with the probe beam of light to produce a corresponding photocurrent signal; and an electronic circuit configured to produce a digital output signal corresponding to the photocurrent signal; and a processor configured to determine a characteristic of the photocurrent Application/Control Number: 18/892,075 Art Unit: 2878 Page 11 signal based on the digital output signal (claim 1, lines 9-16), but does not specifically teach one or more optical fibers. Bashkansky teaches one or more optical fibers (80/90) configured to (i) direct an input beam (Si) to a sample (17) located external to a system and (ii) direct a Raman signal to the system (Ss) (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the optical elements of 19/550791 be optical fibers in the Raman spectroscopy system similar to Bashkansky in order to more efficiently guide light to and from the sample with less light loss providing for higher quality light detection and measurements.
Claims 2, 5, 10, 12 are obvious over claim 1 of provisional application 19/550791 in view of Bashkansky.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 2, 5, 10, 12, 19, 20, 21, 22, 23 and 24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6, 11, 20-24 of copending Application No. 18/930095 in view of Bashkansky et al. (5418797).
In regards to claim 1, 18/930095 teaches a Raman spectroscopy system comprising: a pump light source configured to produce a pump beam of light at a pump frequency; a Stokes light source configured to produce a Stokes beam of light at a Stokes frequency, wherein the pump and Stokes frequencies are offset by a frequency offset W (claim 1, lines 1-4); one or more optical elements configured to (i) direct the pump and Stokes beams to a sample located external to the system and (ii) direct a Raman signal to the system, wherein the Raman signal is produced by coherent Raman scattering of the pump and Stokes beams of light at the sample; an optical receiver configured to detect the Raman signal (claim 1, lines 5-9), the optical receiver Page 12 comprising: a probe light source configured to produce a probe beam of light at a probe frequency; an optical detector configured to coherently mix the Raman signal with the probe beam of light to produce a corresponding photocurrent signal; and an electronic circuit configured to produce a digital output signal corresponding to the photocurrent signal; and a processor configured to determine a characteristic of the photocurrent signal based on the digital output signal (claim 1, lines 10-20), but does not specifically teach one or more optical fibers. Bashkansky teaches one or more optical fibers (80/90) configured to (i) direct an input beam (Si) to a sample (17) located external to a system and (ii) direct a Raman signal to the system (Ss) (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the optical elements of 19/550791 be optical fibers in the Raman spectroscopy system similar to Bashkansky in order to more efficiently guide light to and from the sample with less light loss providing for higher quality light detection and measurements.
Claims 2, 5, 10, 12, 19, 20, 21, 22, 23 and 24 are obvious over claim 1, 3, 6, 11, 20-24 of provisional application 18/930095 in view of Bashkansky.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 2, 5, 10, 12, 19, 20, 21, 22, 23 and 24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of copending Application No. 19/020938 in view of Bashkansky et al. (5418797).
In regards to claim 1, 19/020938 teaches a Raman spectroscopy system comprising: a pump light source configured to produce a pump beam of light at a pump frequency; a Stokes light source configured to produce a Stokes beam of light at a Stokes frequency, wherein the pump and Stokes frequencies are offset by a frequency offset W (claim 1, lines 1-4); one or more optical elements configured to (i) direct the pump and Stokes beams to a sample located external to the system and (ii) direct a Raman signal to the system, wherein the Raman signal is produced by coherent Raman scattering of the pump and Stokes beams of light at the sample; an optical receiver configured to detect the Raman signal (claim 1, lines 5-9), the optical receiver comprising: a probe light source configured to produce a probe beam of light at a probe frequency; an optical detector configured to coherently mix the Raman signal with the probe beam of light to produce a corresponding photocurrent signal; and an electronic circuit configured to produce a digital output signal corresponding to the photocurrent signal; and a processor configured to determine a characteristic of the photocurrent signal based on the digital output signal (claim 1, lines 10-20), but does not specifically teach one or more optical fibers. Bashkansky teaches one or more optical fibers (80/90) configured to (i) direct an input beam (Si) to a sample (17) located external to a system and (ii) direct a Raman signal to the system (Ss) (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the optical elements of 19/020938 be optical fibers in the Raman spectroscopy system similar to Bashkansky in order to more efficiently guide light to and from the sample with less light loss providing for higher quality light detection and measurements.
Claims 2, 5, 10, 12, 19, 20, 21, 22, 23 and 24 are obvious over claim 1-28 of provisional application 19/020938 in view of Bashkansky.
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 3, 4, 6-9, 11, 13-15, 17, 18 and 27 are 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.
In regards to claim 3, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claims 2 and 1 as claimed, more specifically in combination with further comprising a lens located near a terminal end of the optical fiber, wherein the lens is configured to: receive the pump and Stokes beams from the terminal end of the optical fiber and produce a free-space beam that is directed to the sample; and receive the Raman signal from the sample and couple the Raman signal into the optical fiber via the terminal end.
In regards to claim 4, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claims 2 and 1 as claimed, more specifically in combination with further comprising an optical circulator configured to: receive the pump and Stokes beams and direct the pump and Stokes beams to the optical fiber; and receive the Raman signal from the optical fiber and direct the Raman signal to the optical receiver.
In regards to claim 6, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claims 5 and 1 as claimed, more specifically in combination with further comprising a lens configured to: receive the pump and Stokes beams from a terminal end of the output optical fiber and produce a free-space beam that is directed to the sample; and receive the Raman signal from the sample and couple the Raman signal into the input optical fiber via a terminal end of the input optical fiber.
In regards to claim 7, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claims 5 and 1 as claimed, more specifically in combination with further comprising: an output lens configured to receive the pump and Stokes beams from the terminal end of the output optical fiber and produce a free-space beam that is directed to the sample; and an input lens configured to receive the Raman signal from the sample and couple the Raman signal into the input optical fiber via the terminal end of the input optical fiber.
In regards to claim 8, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claims 5 and 1 as claimed, further comprising: an output lens configured to receive the pump and Stokes beams from the terminal end of the output optical fiber and produce a free-space beam that is directed to the sample; and more specifically in combination with a mirror comprising: a through hole that the free-space beam propagates through while traveling to the sample; and a reflective surface configured to receive the Raman signal from the sample and direct the Raman signal to a terminal end of the input optical fiber.
Claim 9 is objected to because of its dependency on claim 8.
In regards to claim 11, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claims 10 and 1 as claimed, more specifically in combination with further comprising a lens configured to collimate the free-space beam or focus the free-space beam.
In regards to claim 13, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claim 1 as claimed, more specifically in combination with further comprising a visible light source configured to produce a visible beam of light, wherein the visible beam of light is combined with the pump and Stokes beams, and the visible beam of light is configured to produce a visible alignment spot at the sample where the pump and Stokes beams are incident on the sample.
In regards to claim 14, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claim 1 as claimed, more specifically in combination with further comprising a fiber-optic combiner configured to combine the pump beam of light and the Stokes beam of light to produce a combined pump-Stokes beam of light that is directed to one of the one or more optical fibers.
In regards to claim 14, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claim 1 as claimed, more specifically in combination with further comprising a fiber-optic combiner configured to (i) combine the Raman signal and the probe beam of light to produce a combined probe-Raman signal and (ii) direct the combined probe-Raman signal to the optical detector.
In regards to claim 17, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claim 1 as claimed, more specifically in combination with further comprising an enclosure, wherein the pump light source, Stokes light source, and optical receiver are contained within the enclosure, and at least a portion of the one or more optical fibers is located external to the enclosure.
Claim 18 is objected to because of its dependency on claim 17.
In regards to claim 27, the prior art of record individually or in combination fails to teach the Raman spectroscopy system of claim 1 as claimed, more specifically in combination with wherein the photocurrent signal comprises a coherent-mixing term that is proportional to a product of (i) an amplitude of an electric field of the Raman signal and (ii) an amplitude of an electric field of the probe beam of light.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/JENNIFER D BENNETT/Examiner, Art Unit 2878
