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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/10/25 & 02/24/25 has been acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-4, 9, 11-12, 14-15, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Laflamme et al (US 2018/0267007 “Laflamme”) in view of Arimoto et al (US 2011/0043792 “Arimoto”).
Regarding claims 1 and 14; Laflamme discloses a submersible apparatus and method (500 @ figures 2-3 and 9) for measuring light absorption of a liquid sample (158 @ figures 3 and 9) surrounding the submersible apparatus (500 @ figure 3 and 9), the submersible apparatus comprising:
a broadband light source (152, 204 @ figure 9) configured to output broadband light in an ultraviolet light spectrum (154 @ figure 9 and paragraph [0103]: e.g., the halogen H being monitored is bromine, the wavelength at which the light source 152 emits light would be in the ultraviolet part of the spectrum between 280 nm and 380 nm) and light in one or more of a visible light spectrum and a near infrared light spectrum (174 @ figure 9 and paragraph [0142]: e.g., the wavelength of the beam of light 174 is generally unaffected by the concentration of the halogen H in the sample of water 158. As the second light source 204 is used as a reference, the second light source may he referred to as a “reference” light source. In this embodiment, the wavelength of the beam of light 174 may emit light in the visible or near-infrared range of the spectrum (e.g., about 400 nm to 1100 nm) rather than in the ultraviolet range);
a measurement region (figures 3 and 9) configured to include the liquid sample (158 @ figure 9), which propagates the broadband light emitted from the broadband light source (152 @ figures 3 and 9);
a light sensor (202 @ figure 9 and paragraph [0142]) configured to detect an intensity of visible or near infrared light from the broadband light emitted by the broadband light source (204 @ figure 9); and
a line sensor array (156 @ figures 3 and 9) (paragraphs [0104] and [0127]: e.g., the first detector 156 records a first measurement of ultraviolet light received from the light source 152 after the beam of light 154 has travelled through the sample of water 158) corresponding to the substantially adjacent narrow ultraviolet bandwidth regions of the liquid sample (158 @ figures 3 and 9); and
the method comprises: recording and outputting the intensity measurements of visible or near infrared light detected by the light sensor (202 @ figure 9 and paragraph [0142]); recording and outputting the intensity of the plurality of individual light intensities corresponding to the ultraviolet bandwidth regions detected by the line sensor array (156 @figures 3 and 9 and paragraph [104] and [0127]); and calculating an absorbance of light by the liquid sample (158 @ figures 3 and 9) using the recorded intensity measurements of ultraviolet (154 @ figure 9 and paragraph [0125]: e.g., the ultraviolet light emitted by the light source 152 and/or received by the detector 156 may be due to variations in the manufacturing of the light source 152) and visible or near infrared light (174 @ figure 9 and paragraph [0143]: e.g., the wavelength of the beam of light 174 may be between about 450 nm and 600 nm, in some cases between about 475 nm and 550 nm, and in some cases about 500 nm) by an optical absorption analyzer (150’’ @ figure 9) coupled to a processing unit (162 @ figure 9 and paragraph [0148]). See figures 1-18
Laflamme discloses all of feature of claimed invention except for an optical slit configured to produce an approximate point source of light from the broadband light emitted by the broadband light source; a diffraction grating configured to resolve the broadband light propagating from the optical slit into a plurality of resolved and substantially adjacent narrow ultraviolet bandwidth regions; and the line sensor array configured to detect a plurality of individual light intensities corresponding to the substantially adjacent narrow ultraviolet bandwidth regions of the liquid sample produced by the diffraction grating. However, Arimoto teaches that it is known in the art to provide an optical slit (7S @ figure 1) configured to produce an approximate point source of light from the broadband light emitted by the broadband light source (2 @ figure 1), a diffraction grating (73 @ figure 1 and paragraph [0034]) configured to resolve the broadband light propagating from the optical slit (7S @ figure 1) into a plurality of resolved and substantially adjacent narrow ultraviolet bandwidth regions; and the line sensor array (an ultraviolet light detector 81 @ figure 1 and paragraph [0035]: e.g., The ultraviolet light detector 81 and the near infrared light detector 82 are multichannel detectors and line CCD sensors each of which is configured by arranging CCDs in a line. By using a line CCD sensor, the cost of the photo-detector can be reduced compared to a case of using a two-dimensional CCD sensor) configured to detect a plurality of individual light intensities corresponding to the substantially adjacent narrow ultraviolet bandwidth regions of the liquid sample (3 @ figure 1 and paragraph [0025]: e.g., a sample held in each of measurement cells 3 is irradiated with light and the light transmitted through the sample is dispersed by spectroscope to thereby measure a spectrum thereof so that an absorbance or a light transmittance of the sample is qualitatively or quantitatively analyzed) produced by the diffraction grating (73 @ figure 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine the submersible apparatus of Laflamme with an optical slit configured to produce an approximate point source of light from the broadband light emitted by the broadband light source; a diffraction grating configured to resolve the broadband light propagating from the optical slit into a plurality of resolved and substantially adjacent narrow ultraviolet bandwidth regions; and the line sensor array configured to detect a plurality of individual light intensities corresponding to the substantially adjacent narrow ultraviolet bandwidth regions of the liquid sample produced by the diffraction grating as taught by Arimoto for the purpose of improving accuracy of the derived concentration of the halogen.
Regarding claims 2 and 15; Laflamme discloses an optical splitter (200 @ figure 7) configured to substantially split the broadband light (154 @ figure 7) emitted from the broadband light source (152 @ figure 7), wherein: a first part of the emitted light (170 @ figure 7) is directed to propagate through the measurement region containing the liquid sample (158 @ figure 7) and constitutes a measurement beam (170 @ figure 7); and a second part of the emitted light (172 @ figure 7) is directed around the measurement region and constitutes a reference beam (172 @ figure 7).
Regarding claim 3; Laflamme discloses the measurement beam (170 @ figure 7) and the reference beam (172 @ figure 7) comprise substantially identical light bandwidths (paragraph [0128]: e.g., a beam splitter module 200 for directing a first portion 170 of the beam of light 154 toward the first detector 156 and a second portion 172 of the beam of light 154 toward the second detector 202. In other words, the beam splitter module 200 directs a first part of ultraviolet light generated by the light source 152 toward the first detector 156 and a second part of ultraviolet light generated by the light source 152 toward the second detector 202, e.g., “a first part of ultraviolet light and a second part of ultraviolet light is identical light bandwidths”).
Regarding claim 4; Laflamme discloses the measurement beam and the reference beam comprise substantially identical amplitudes (figure 12B).
Regarding claims 9; Laflamme discloses further comprising a controller (162 @ figures 3, 7, and 9-10) connected to the broadband light source (152, 204 @ figures 7 and 9), the light sensor (202 @ figures 7 and 9), and the line sensor array (156 @ figures 7 and 9), wherein the controller (162 @ figures 3, 7, 9-10) is configured to: record and output the intensity measurements of visible or near infrared light detected by the light sensor (202 @ figures 7 and 9), and the intensity of the plurality of individual light intensities corresponding to the ultraviolet bandwidth regions detected by the line sensor array (156 @ figures 7and 9); and the controller (162 @ figures 3, 7, and 9-10) for calculating an absorbance of light by the liquid sample (158 @ figures 3, 7, and 9-10) using the recorded intensity measurements of ultraviolet (154 @ figure 9) and visible or near infrared light (174 @ figure 9).
Regarding claims 11 and 18; Laflamme discloses the broadband light source (152 @ figures 3, 7, 9) is further configured to output the broadband light only in the ultraviolet light spectrum (154 @ figures 3, 7, 9), along with at least one narrow band light in the visible light spectrum or the near infrared light spectrum (174 @ figures 7 and 9 and paragraph [0142]: e.g., the wavelength of the beam of light 174 may emit light in the visible or near-infrared range of the spectrum (e.g., about 400 nm to 1100 nm)).
Regarding claims 12 and 19; Laflamme discloses the at least one narrow band light is in the visible light spectrum (paragraph [0142]).
Claim 5, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Laflamme in view of Arimoto as applied to claims 1, 2 and 15 above, and further in view of Hafeman et al (US 2006/0238764 hereinafter “Hafeman”).
Regarding claim 5; Laflamme in view of Arimoto combination discloses all of feature of claimed invention except for the optical splitter comprises ultraviolet transmitting fused silica fiber optics. However, Hafeman teaches that it is known in the art to provide the optical splitter (60 @ figure 10) comprises ultraviolet transmitting fused silica fiber optics (76, 90 @ figure 10 and paragraph [0128]). It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine the submersible apparatus of Laflamme with limitation above as taught by Hafeman for the purpose of improving precision in determination of light absorbance by an analyte dissolved in a solvent by using vertical-beam photometry.
Regarding claim 13 and 20; Laflamme in view of Arimoto combination discloses all of feature of claimed invention except for an optical filter configured to produce a narrow band of visible or infrared light from the broadband light emitted by the broadband light source, wherein the light sensor is configured to detect an intensity of visible or near infrared light produced by the optical filter. However, Hafeman teaches that it is known in the art to provide an optical filter (160 @ figure 11) configured to produce a narrow band of visible or infrared light (paragraph [0116]-[0117]: e.g., optical filters 160 and filter wheel 162 are not needed. Also in this alternative embodiment, the nominally 900 nanometer and 1000 nanometer bands of light directed into optical fibers 122 will have similar bandpass as other UV, visible and near infrared light diffracted by grating 112 onto monochrometer exit slit 114 (in this example 2 nanometers)) from the broadband light emitted by the broadband light source (102 @ figure 11), wherein the light sensor (150 @ figure 11) is configured to detect an intensity of visible or near infrared light produced by the optical filter (160 @ figure 11). It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine the submersible apparatus and method of Laflamme with limitation above as taught by Hafeman for the purpose of improving precision in determination of light absorbance by an analyte dissolved in a solvent by using vertical-beam photometry.
Claims 6-8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Laflamme in view of Arimoto as applied to claims 2 and 15 above, and further in view of Sano et al (US 2014/0063497 hereinafter “Sano”).
Regarding claims 6 and 16; Laflamme in view of Arimoto combination discloses all of feature of claimed invention except for an actuator and shutter assembly, wherein the actuator and shutter assembly is configured to alternately move between: a first position whereby the shutter substantially blocks propagating light of the measurement beam; and a second position whereby the shutter substantially blocks propagating light of the reference beam. However, Sano teaches that it is known in the art to provide an actuator and shutter assembly (21 @ figure 2), wherein the actuator and shutter assembly (21 @ figure 2) is configured to alternately move between: a first position (close @ figure 2) whereby the shutter (21 @ figure 2) substantially blocks propagating light of the measurement beam (measured light @ figure 2); and a second position (open @ figure 2) whereby the shutter (21 @ figure 2) substantially blocks propagating light of the reference beam (reference light @ figure 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine the submersible apparatus of Laflamme with limitation above as taught by Sano for the purpose of improving the spectrometer for calculating correction value from each component value included in a measurement spectrum detected in a detection area.
Regarding claim 7; Laflamme discloses further comprising a controller (162 @ figures 3, 9-10) connected to the broadband light source (152, 204 @ figure 9), the light sensor (202 @ figure 9), and the line sensor array (156 2 figure 9), wherein the controller (162 @ figures 9-10) is configured to: record and output the intensity measurements of visible or near infrared light detected by the light sensor (202 @ figure 9); record and output the intensity of the plurality of individual light intensities corresponding to the ultraviolet bandwidth regions detected by the line sensor array (156 @ figure 9); and the controller (162 @figures 3,7, and 9-10) for calculating an absorbance of light by the liquid sample (158 @ figure 9) using the recorded intensity measurements of ultraviolet (154 @ figure 9) and visible or near infrared light (174 @ figure 9).
Regarding claim 8; Laflamme in view of Arimoto combination discloses all of feature of claimed invention except for the controller is further configured to: separately record intensity measurements during periods when the shutter is in the first position and during periods when the shutter is in the second position; and calculate the absorption of the liquid sample with compensation for changes in the raw light output of the broadband light source. However, Sano teaches that it is known in the art to provide the controller (1, 100 @ figure 1 and paragraph [0042]: e.g., Spectral characteristic measurement apparatus 1 includes a spectral measurement instrument main body 2 and a processing device 100) is further configured to: separately record intensity measurements during periods when the shutter is in the first position (figure 4A) and during periods when the shutter is in the second position (figure 4B); and the controller (1, 100 @ figures 1-2) calculate the absorption of the liquid sample (paragraph [0122]: e.g., arranges probe 6 in the proximity of the object “sample” and causes measured light emitted from the object to enter measurement instrument main body 2 through optical fiber 4) with compensation for changes in the raw light output (abstract: e.g., the correction portion corrects a stray light pattern based on a first amount of change with respect to wavelengths in the first wavelength range of the stray light pattern and a second amount of change with respect to wavelengths included in a result of detection in the first detection area of the detection portion, to calculate a stray light component derived from the light to be measured) of the broadband light source (paragraph [0065]: e.g., combining light from a light source having a prescribed light emission spectrum as described with reference to FIG. 2 and a wavelength filter (external cut-off filter 31) can be adopted). It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine the submersible apparatus of Laflamme with limitation above as taught by Sano for the purpose of improving the spectrometer for calculating correction value from each component value included in a measurement spectrum detected in a detection area.
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Laflamme in view of Arimoto as applied to claim 1 and 14 above, and further in view of Akiyama et al (US Patent No. 4,575,242 hereinafter “Akiyama”).
Regarding claim 10 and 17; Laflamme in view of Arimoto combination discloses all of feature of claimed invention except for the diffraction grating is further configured to resolve the broadband light propagating from the optical slit into at least ten resolved and substantially adjacent narrow ultraviolet bandwidth regions, wherein each bandwidth region is not more than two nanometers, and the line sensor array is further configured to detect at least ten individual light intensities corresponding to the ultraviolet bandwidth regions produced by the diffraction grating. However, Akiyama teaches that it is known in the art to provide the diffraction grating (G @ figures 1-2) is further configured to resolve the broadband light (L, L’ @ figures 1-2) propagating from the optical slit (D @ figures 1-2) into at least ten resolved and substantially adjacent narrow ultraviolet bandwidth regions (1-3, 1’-3’ @ figure 1), wherein each bandwidth region (1, 1’ @ figure 1) is not more than two nanometers (col.2 lines 64-68: e.g., the slits 1 and 1' have the narrowest width which corresponds to a spectral bandwidth of 0.2 nm; the slits 2 and 2' have the second narrowest width corresponding to a spectral bandwidth of 0.5 nm), and the line sensor array (col.3 lines 28-34: e.g., absorption spectrophotometry analysis employing a spectrophotometer) is further configured to detect at least ten individual light intensities corresponding to the ultraviolet bandwidth regions (1-3, 1’-3’ @ figure 1) produced by the diffraction grating (G @ figures 1-3). It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to combine the submersible apparatus of Laflamme with limitation above as taught by Akiyama for the purpose of improving measured increased output light intensity and a high degree of sensitivity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Sanden et al (US 2022/0412803) discloses the hyperspectral systems comprise diffraction gratings and a linear image sensor, and optionally one or more of light sources, lenses, slits, and digital light processors, and corresponding control processors and memory.
2) Uchiho et al (US 2016/0258913) discloses a far-ultraviolet absorbance detection device for liquid chromatography is provided with: an optical system including a light source that emits light including far-ultraviolet light, a diffraction grating for dispersing the light emitted from the light source, a flow cell through which a liquid is passed.
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/SN/
March 3, 2026
/SANG H NGUYEN/ Primary Examiner, Art Unit 2877