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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement (PTO-1449) filed 01/27/2026. An initialed copy is attached to this Office Action.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3 does not specify which claim it is dependent on. For examination purposes it is interpreted as being dependent on claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the beam splitter" in line 13. There is insufficient antecedent basis for this limitation in the claim. For examination purposes "the beam splitter" will be interpreted as “the beamsplitter”.
Claims 1-12 are rejected for their dependency on claim 1.
Claim 13 recites the limitation "the beamsplitter" in line 10. There is insufficient antecedent basis for this limitation in the claim. For examination purposes "the beamsplitter" will be interpreted as “a beamsplitter”.
Claim 13 recites the limitation "the beam splitter" in line 14. There is insufficient antecedent basis for this limitation in the claim. For examination purposes "the beam splitter" will be interpreted as “the beamsplitter”.
Claim 13 recites the limitation "the excitation light" in line 12. There is insufficient antecedent basis for this limitation in the claim. For examination purposes " the excitation light " will be interpreted as “an excitation light”.
Claim 13 recites the limitation "emission light" in line 12. There is insufficient antecedent basis for this limitation in the claim. For examination purposes “emission light " will be interpreted as “an emission light”.
Claims 14-15 are rejected for their dependency on claim 13.
Claim 16 recites the limitation "emission light" in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes "emission light " will be interpreted as “an emission light”.
Claim 16 recites the limitation "receive emission light" in line 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes " receive emission light " will be interpreted as “receive the emission light”.
Claim 16 recites the limitation "the beam splitter" in line 7. There is insufficient antecedent basis for this limitation in the claim. For examination purposes "the beam splitter" will be interpreted as “the beamsplitter”.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5-11 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watson (WO 2014191834 A2).
Regarding claim 1, Watson discloses in at least figure 1, a small form factor (the optical system 25 has a single path for the excitation and emission light with a beamsplitter 30 and lens 34 for compact design fig. 1, described as “The present optical head is provided is a compact, customizable form that uses a single lens pathway for both excitation and emission light and a single lens serves both the excitation and emission processes, reducing the permitting a compact design and reducing complexity” in current application paragraphs [0016-0017]) optical head (optical system 25 fig. 1) defining a single light pathway (the lens 34, movable mirror 32, and beam-splitter mirror 30 are a single path for both the incident beam 26 and returning Raman scattered light from the sample 28 fig. 1), comprising:
a housing (spectrometer 20 fig. 1);
a lens (lens 34 fig. 1) positioned on or in (the lens 34 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1);
a light source (excitation source 22 fig. 1) positioned in (the excitation source 22 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1), the light source (excitation source 22 fig. 1) configured to emit (the excitation source 22 emits incident beam 26 fig. 1) an excitation light (incident beam 26 fig. 1);
a mirror (movable mirror 32 fig. 1) positioned in (the movable mirror 32 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1) to reflect (the movable mirror 32 reflects the incident beam 26 to the lens 34 fig. 1) the excitation light (incident beam 26 fig. 1) to the lens (lens 34 fig. 1) and to receive emission light (Raman scattered light from the sample 28 paragraph [0043]) back through (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 and transmitted back through the beamsplitter mirror 30 paragraph [0043] through the movable mirror 32 fig. 1) the lens (lens 34 fig. 1);
a beamsplitter (beam-splitter mirror 30 fig. 1) positioned in (the beam-splitter mirror 30 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1) to direct (the beam-splitter mirror 30 directs the incident beam 26 to the lens 34 fig. 1) the excitation light (incident beam 26 fig. 1) to the lens (lens 34 fig. 1) and to direct the emission light (the beam-splitter mirror 30 passes the Raman scattered light through the mirror 30 to the filter 38 paragraph [0043]); and
a detector (detector 48 fig. 1) positioned to receive emission light (the divided Raman beam 46 passes through a detector focusing lens 50 that focuses the spatially separated wavelengths of the divided Raman beam 46 onto the detector 48 paragraph [0038]) after passing back through (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 paragraph [0043] and the beam-splitter mirror 30 passes the Raman scattered light through the mirror 30 to the filter 38 paragraph [0043]) the lens (lens 34 fig. 1) and the beam splitter (beam-splitter mirror 30 fig. 1),
wherein the lens (lens 34 fig. 1), the mirror (movable mirror 32 fig. 1), and the beam splitter (beam-splitter mirror 30 fig. 1) define a single light pathway (the lens 34, movable mirror 32, and beam-splitter mirror 30 are a single path for both the incident beam 26 and returning Raman scattered light from the sample 28 fig. 1) for the excitation light (incident beam 26 fig. 1) and emission light (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 paragraph [0043]).
Regarding claim 5, Watson discloses all the limitations of claim 1 and further discloses, wherein the excitation light (incident light 26 fig. 1) is provided by a laser (the light source 22 is activated to generate an incident beam 26 of excitation radiation, such as generating a laser incident beam in a laser light source paragraph [0042]).
Regarding claim 6, Watson discloses all the limitations of claim 1 and further discloses, further including one or more filters (filters 24, 38 and 41 fig. 1).
Regarding claim 7, Watson discloses all the limitations of claim 6 and further discloses, wherein the one or more filters (filters 24, 38 and 41 fig. 1) includes an emission filter (the beam-splitter mirror 30 passes the Raman scattered light through the mirror 30 to the filter 38 paragraph [0043]) and/ or an excitation filter (the incident beam 26 of excitation radiation passes through the filter 24 paragraph [0042]).
Regarding claim 8, Watson discloses all the limitations of claim 1 and further discloses, further including a lens block (lens block as shown below in fig. 1).
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Regarding claim 9, Watson discloses all the limitations of claim 8 and further discloses, wherein the mirror (movable mirror 32 fig. 1) and the beamsplitter (beam splitter 30 fig. 1) are received in (the movable mirror 32 and the beam splitter 30 are received in the first side of the lens block as shown below in fig. 1) a first side (first side as shown below in fig. 1) of the lens block (lens block as shown below in fig. 1) and the lens (lens 34 fig. 1) is in or on (the lens 34 is on the second side of the lens block as shown below in fig. 1) a second side (second sides as shown below in fig. 1) of the lens block (lens block as shown below in fig. 1).
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Regarding claim 10, Watson discloses all the limitations of claim 8 and further discloses, wherein the lens block (lens block as shown below in fig. 1) includes a first lens block section (first section as shown below in fig. 1) configured to receive (the excitation source 22 is received in the first section as shown below in fig. 1) the light source (excitation source 22 fig. 1), a second lens block section (second section as shown below in fig. 1) configured to receive (filter 24 is received in the second section as shown below in fig. 1) one or more filters (filter 24 fig. 1), and a third lens block section (third section as shown below in fig. 1) configured to receive (the movable mirror 32 and the beam splitter 30 are received in the third section as shown below in fig. 1) the mirror (movable mirror 32 fig. 1) and the beamsplitter (movable mirror 32 fig. 1).
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Regarding claim 11, Watson discloses all the limitations of claim 8 and further discloses, wherein the first (first section as shown below in fig. 1), second (second section as shown below in fig. 1), and third lens block sections (third section as shown below in fig. 1) are secured to one another (the first, second and third sections are secured to one another as shown below in fig. 1) and positioned in (the first, second and third sections are positioned in the spectrometer 20 as shown below in fig. 1) the housing (spectrometer 20 fig. 1) as a unit (the first, second and third sections for the lens block as shown below in fig. 1).
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Regarding claim 16, Watson discloses in at least figure 1, a method for optical analysis (if a concentration of a sample (e.g., a tagged paint) is known, an averaged spectrometer signal can be used to detect if the sample has been diluted from the known concentration paragraph [0031]), comprising:
providing an optical head (optical system 25 fig. 1) having a housing (spectrometer 20 fig. 1), a lens (lens 34 fig. 1) positioned on or in (the lens 34 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1), a light source (excitation source 22 fig. 1) positioned in (the excitation source 22 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1), the light source (excitation source 22 fig. 1) configured to emit (the excitation source 22 emits incident beam 26 fig. 1) an excitation light (incident beam 26 fig. 1), a mirror (movable mirror 32 fig. 1) positioned in (the movable mirror 32 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1) to reflect (the movable mirror 32 reflects the incident beam 26 to the lens 34 fig. 1) the excitation light (incident beam 26 fig. 1) to the lens (lens 34 fig. 1) and to receive emission light (Raman scattered light from the sample 28 paragraph [0043]) back through (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 and transmitted back through the beamsplitter mirror 30 paragraph [0043] through the movable mirror 32 fig. 1) the lens (lens 34 fig. 1), a beamsplitter (beam-splitter mirror 30 fig. 1) positioned in (the beam-splitter mirror 30 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1) to direct (the beam-splitter mirror 30 directs the incident beam 26 to the lens 34 fig. 1) the excitation light (incident beam 26 fig. 1) to the lens (lens 34 fig. 1) and to direct the emission light (the beam-splitter mirror 30 passes the Raman scattered light through the mirror 30 to the filter 38 paragraph [0043]), a detector (detector 48 fig. 1) positioned to receive emission light (the divided Raman beam 46 passes through a detector focusing lens 50 that focuses the spatially separated wavelengths of the divided Raman beam 46 onto the detector 48 paragraph [0038]) after passing back through (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 paragraph [0043] and the beam-splitter mirror 30 passes the Raman scattered light through the mirror 30 to the filter 38 paragraph [0043]) the lens (lens 34 fig. 1) and the beam splitter (beam-splitter mirror 30 fig. 1),
wherein the lens (lens 34 fig. 1), the mirror (movable mirror 32 fig. 1), and the beam splitter (beam-splitter mirror 30 fig. 1) define a single light pathway (the lens 34, movable mirror 32, and beam-splitter mirror 30 are a single path for both the incident beam 26 and returning Raman scattered light from the sample 28 fig. 1) for the excitation light (incident beam 26 fig. 1) and emission light (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 paragraph [0043]);
emitting (the excitation source 22 emits incident beam 26 fig. 1) a light beam (incident beam 26 fig. 1) from the light source (excitation source 22 fig. 1);
receiving an emission beam (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 paragraph [0043]);
and analyzing (the control electronics 52 compares the signal from the detector with the values stored in the look-up table to determine a result of the Raman scan paragraph [0044]) the emission beam (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 paragraph [0043]).
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 2, 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Watson (WO 2014191834 A2) as applied to claim 1 above and in further view of Diebold et al. (US 20170102314 A1).
Regarding claim 2, Watson discloses all the limitations of claim 1.
Watson does not disclose, wherein the lens is adjustable.
However Diebold discloses in at least figure 1, wherein the lens (objective lens 52 fig. 1) is adjustable (objective lens 52, is mounted on an adjustable post holder mount C paragraph [0082]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use an adjustable lens as taught by Diebold in the optical system of Watson. The objective lens 52 forms a telescope for relaying the image at the intermediate plane 48 onto a sample flowing through a flow cell 54 (paragraph [0082]).
Regarding claim 4, Watson discloses all the limitations of claim 1.
Watson does not disclose, wherein the excitation light is provided by a LED.
However Diebold discloses in at least figure 1, wherein the excitation light is provided by a LED (the light source is a narrow band light source, including but not limited to a narrow wavelength LED paragraph [0060]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use an LED light source as taught by Diebold in the optical system of Watson. Systems may include a first light source (e.g., laser) outputting a first wavelength and a second light source outputting a second wavelength. In other embodiments, systems include a first light source outputting a first wavelength, a second light source outputting a second wavelength and a third light source outputting a third wavelength (paragraph [0060]).
Regarding claim 12, Watson discloses all the limitations of claim 1.
Watson does not disclose, wherein the detector is a photodiode.
However Diebold discloses in at least figure 1, wherein the detector (photodetector 64 fig. 1) is a photodiode (examples of suitable photodetectors include an avalanche photodiode and a PIN photodiode paragraph [0100]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use an photodiode detector as taught by Diebold in the optical system of Watson. The photodetector 64 has sufficient RF bandwidth to detect and transmit signals from the entire range of the beat frequencies (paragraph [0100]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Watson (WO 2014191834 A2) as applied to claim 1 above and in further view of Kawada et al. (US 20210302314 A1).
Regarding claim 3, Watson discloses all the limitations of claim 1.
Watson does not disclose, wherein the lens is a ball lens.
However Kawada discloses in at least figure 2, wherein the lens is a ball lens (ball lens 40b fig. 1).
Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use a ball lens as taught by Kawada in the optical system of Watson. The ball lens 40b is disposed in the opening 11b, and condenses the excitation lights L1 and L2 reflected by the mirror M and incident on the probe fiber 4 and the fluorescence L3 incident in the optical path 12b from the probe fiber 4 (paragraph [0062]).
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Watson (WO (WO 2014191834 A2) in view of Diebold et al. (US 20170102314 A1).
Regarding claim 1, Watson discloses in at least figure 1, a small form factor (the optical system 25 has a single path for the excitation and emission light with a beamsplitter 30 and lens 34 for compact design fig. 1, described as “The present optical head is provided is a compact, customizable form that uses a single lens pathway for both excitation and emission light and a single lens serves both the excitation and emission processes, reducing the permitting a compact design and reducing complexity” in current application paragraphs [0016-0017]) optical head (optical system 25 fig. 1) defining a single light pathway (the lens 34, movable mirror 32, and beam-splitter mirror 30 are a single path for both the incident beam 26 and returning Raman scattered light from the sample 28 fig. 1), comprising:
a housing (spectrometer 20 fig. 1);
a lens (lens 34 fig. 1);
a light source (excitation source 22 fig. 1) positioned in (the excitation source 22 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1);
a lens block (lens block as shown below in fig. 1) positioned in (the lens block is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1);
a mirror (movable mirror 32 fig. 1) positioned in (the movable mirror 32 is in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1);
first (filter 24 fig. 1) and second filters (filter 38 fig. 1) positioned in (the filters 24 and 38 are in the spectrometer 20 fig. 1) the housing (spectrometer 20 fig. 1);
wherein the lens block (lens block as shown below in fig. 1) is configured to receive the light source (excitation source 22 fig. 1), the photodiode (detector 48 fig. 1, photodiode taught below by Diebold), first (filter 24 fig. 1) and second filters (filter 38 fig. 1), the mirror (movable mirror 32 fig. 1) and the beamsplitter (beam-splitter mirror 30 fig. 1) in a first side thereof (the detector 48, filter 24, filter 38, movable mirror 32 and beam-splitter mirror 30 are on the first side as shown below in fig. 1) and the lens (lens 34 fig. 1) is positioned at (the lens is on the second side as shown below in fig. 1) a second side thereof (second side as shown below in fig. 1),
wherein the lens (lens 34 fig. 1) is configured to focus (the lens 34 comprises a focusing lens in the path of the incident beam 26 paragraph [0035]) the excitation light (incident beam 26 fig. 1) and to allow emission light (Raman scattered light from the sample 28 paragraph [0043]) to pass through (the incident beam 26 generates Raman scattered light from the sample 28 which is received by the output focusing lens 34 and transmitted back through the beamsplitter mirror 30 paragraph [0043] through the movable mirror 32 fig. 1) the lens (lens 34 fig. 1),
wherein the beam splitter (beam-splitter mirror 30 fig. 1) directs (the beam-splitter mirror 30 directs incident beam 26 to movable mirror 32 and lens 34 fig. 1) the excitation light (incident beam 26 fig. 1) toward the lens (lens 34 fig. 1), and directs emission light (the beam-splitter mirror 30 passes the Raman scattered light through the mirror 30 to the filter 38 paragraph [0043]) to a detector (detector 48 fig. 1).
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Watson does not disclose, a photodiode positioned in the housing.
However Diebold discloses in at least figure 1, wherein the detector (photodetector 64 fig. 1) is a photodiode (examples of suitable photodetectors include an avalanche photodiode and a PIN photodiode paragraph [0100]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use an photodiode detector as taught by Diebold in the optical system of Watson. The photodetector 64 has sufficient RF bandwidth to detect and transmit signals from the entire range of the beat frequencies (paragraph [0100]).
Regarding claim 15, the combination of Watson and Diebold discloses all of the limitations of claim 13.
Watson does not disclose, wherein the lens is adjustable.
However Diebold further discloses, wherein the lens (objective lens 52 fig. 1) is adjustable (objective lens 52, is mounted on an adjustable post holder mount C paragraph [0082]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use an adjustable lens as taught by Diebold in the optical system of Watson. The objective lens 52 forms a telescope for relaying the image at the intermediate plane 48 onto a sample flowing through a flow cell 54 (paragraph [0082]).
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Watson (WO (WO 2014191834 A2) in view of Diebold et al. (US 20170102314 A1) as applied to claim 13 above and in further view of Kawada et al. (US 20210302314 A1).
Regarding claim 14, the combination of Watson and Diebold discloses all of the limitations of claim 13.
Watson does not disclose, wherein the single lens is a ball lens.
However Kawada discloses in at least figure 2, wherein the lens is a ball lens (ball lens 40b fig. 1).
Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use a ball lens as taught by Kawada in the optical system of Watson. The ball lens 40b is disposed in the opening 11b, and condenses the excitation lights L1 and L2 reflected by the mirror M and incident on the probe fiber 4 and the fluorescence L3 incident in the optical path 12b from the probe fiber 4 (paragraph [0062]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ducket, III (US 20230301499 A1) discloses a method of visible light and fluorescence imaging with reduced chromatic aberration with a lens block, beam splitter, mirror and lenses.
Hong et al. (US 10261298 B1) discloses a near-infrared confocal microscope with mirrors lenses and a beam splitter.
Fukuda et al. (US 10732168 B2) discloses a cel imaging device with an adjustable objective lens.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW R WRIGHT whose telephone number is (703)756-5822. The examiner can normally be reached Mon-Thurs 7:30-5 Friday 8-12.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at 1-571-270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW R WRIGHT/Examiner, Art Unit 2872 /PINPING SUN/Supervisory Patent Examiner, Art Unit 2872
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