DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 1-10 are rejected under 35 U.S.C. 103.
Response to Arguments
Applicant's arguments filed 06/02/2026 have been fully considered but they are not persuasive.
In regards to the applicant’s arguments that the reference to Vicet does not disclose an optical detector or an evanescent field, attention is brought to the rejection presented below, wherein the secondary reference to Hentz was relied upon to teach an optical detector wherein the means for detection may be an optical resonator (20) having an evanescent field (par. 91-95), and wherein the vibration of the sensor element modifies the evanescent field of the optical detector (par. 93).
In regards to the applicant’s arguments that the reference to Hentz fails to disclose receiving an acoustic wave, attention is brought to the rejection presented below, wherein the primary reference to Vicet was relied upon to disclose a micromechanical (MEMs) sensor for receiving acoustic waves and performing photoacoustic spectroscopy (abstract).
In regards to the applicant’s arguments that the prior art references are non-analogous art and are not compatible, the examiner respectfully disagrees. As discussed above the reference to Vicet discloses a micromechanical (MEMs) sensor for receiving acoustic waves and performing photoacoustic spectroscopy (abstract). Similarly, the secondary reference to Hentz discloses a MEMs resonator device for performing chemical or gas detection (par. 2, 41). Therefore, the prior art references are understood to be analogous art, within the same field of endeavor, due to the fact that they both disclose sensor systems that rely on MEMs devices.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11,852,580 to Vicet et al., in view of US Publication 2019/0204205 to Hentz et al.
In regards to claim 1, Vicet discloses and shows in Figures 1-6, a photoacoustic spectroscopy system and method (100, 500) comprising:
a mechanical sensor (104, 502) comprising a capacitive sensor (108, 504) (applicant’s sensor element) (col. 6, ll. 65 to col. 7, ll. 60; col. 9, ll. 52 to col. 10, ll. 17), the sensor element having an upper face extending mainly into a plane called longitudinal plane (XY) when the system is at rest (Figures 1-5) (col. 6, ll. 65 to col. 7, ll. 60; col. 9, ll. 52 to col. 10, ll. 17), the mechanical sensor being intended to receive an acoustic wave to vibrate the sensor element at a vibration frequency (col. 8, ll. 15-19; col. 10, ll. 21-58),
wherein the sensor element is moved along a direction called transverse direction (Z) substantially perpendicular to the longitudinal plane (XY) when it vibrates (Figures 1-5) (col. 6, ll. 65 to col. 7, ll. 60; col. 9, ll. 52 to col. 10, ll. 17), the mechanical sensor further comprising a sensor element (106) (applicant’s receiving element) intended to receive the acoustic wave and vibrated by the acoustic wave at the vibration frequency, the mechanical sensor being configured, such that the receiving element vibrates the sensor element at the vibration frequency when it is vibrated by the wave at the vibration frequency (col. 6, ll. 65 to col. 7, ll. 60; col. 9, ll. 52 to col. 10, ll. 17), the receiving element (106) and the sensor element (108, 504) being connected by a plurality of supporting branches (508, 510, 512) (applicant’s junction) (Figures 1-5) (col. 6, ll. 65 to col. 7, ll. 60; col. 9, ll. 52 to col. 10, ll. 17), the junction being connected to a substrate (102) through anchoring points (112) (col. 6, ll. 65 to col. 7, ll. 60; col. 9, ll. 52 to col. 10, ll. 17);
Vicet differs from the limitations in that it is silent to the system further comprising:
an optomechanical system and method for transducing an optical phase shift movement further comprising:
an optical detector capable of guiding a light radiation substantially parallel to the longitudinal plane (XY), the optical detector having an evanescent field, wherein the vibration of the sensor element modifies the evanescent field of the optical detector.
However, Hentz discloses and shows in Figures 1-8d, an optomechanical system (Figures 5a-b, 8d) and method for transducing an optical phase shift movement comprising:
a platform (4) comprising a sensing edge (4.2, 4.5) (par. 93, 121), the sensor element having an upper face extending mainly into a plane called longitudinal plane (XY) when the system is at rest (Figures 5a-b, 8d) (par. 44-49), the mechanical sensor being intended to receive a wave to vibrate the sensor element at a vibration frequency (par. 41, 49, 94), and
a means for detecting (10) the displacement of the platform (4) (par. 49);
wherein the means for detection may be an optical resonator (20) capable of guiding a light radiation substantially parallel to the longitudinal plane (XY), the optical resonator having an evanescent field (par. 91-95), and wherein the vibration of the sensor element modifies the evanescent field of the optical detector (par. 93).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vicet to include the optical detection means discussed above for the advantage of performing photoacoustic spectroscopy with improved resolution and accuracy, with a reasonable expectation of success.
In regards to claim 2, Vicet teaches and shows in Figures 1-6, a photoacoustic system and sensor (100), wherein a mechanical resonator (104) and a sensor element (106), are fabricated from a substrate (102), which extends generally in the XY direction so that the mechanical resonator and substrate face each other and share a common plane; further the substrate has an opening (114) to allow air to circulate therethrough and avoid movement dampening (col.7, ll. 22-29).
In regards to claims 3-4, Vicet differs from the limitations in that it is silent to the apparatus:
[claim 3] wherein the sensor element and the optical detector are disposed side-by-side projecting into the longitudinal plane (XY); and
[claim 4] wherein the sensor element and the optical detector are disposed facing one another along the transverse direction (Z).
However, Hentz teaches and shows in Figures 5a-5b and 8d, an optomechanical system (Figures 5a-b, 8d) and method for transducing an optical phase shift movement comprising:
[claim 3] wherein the sensor element (4, 4.2, 4.5) and the optical detector (20) are disposed side-by-side projecting into the longitudinal plane (XY) (Figure 5a, 8d) (par. 91-95);
[claim 4] wherein the sensor element (504) and the optical detector (20) are disposed facing one another along the transverse direction (Z) (Figure 5b) (par. 131-132).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vicet to include the optomechanical configuration discussed above for the advantage of obtaining an architecture that is compact and forms integrated components (Vicet; col. 2, ll. 26-30), with a reasonable expectation of success.
In regards to claim 5, Vicet discloses and shows in Figures 1-6, a photoacoustic system and sensor (100, 500) comprising: a mechanical resonator (104, 502) (applicant’s mechanical sensor), a sensor element (106) (applicant’s receiving element), a plurality of capacitive electrodes (504) (applicant’s sensor element) and a plurality of supporting branches (508, 510, 512) (applicant’s junction) are aligned along a first direction (x); wherein the dimensions of the capacitive electrodes (504) are larger than half of the sensor element (106) (applicant’s L110,X ≥ 0.42*L120,X) (col. 7, ll. 30-38; col. 9, ll. 52 to col. 17) (Figures 1-5; wherein the various element lengths are shown and available for comparison), for the advantage of creating a lever effect to amplify mechanical movement of the sensor element (col. 10, ll. 9-17).
In regards to claim 6, Vicet discloses and shows in Figures 1-6, a photoacoustic system and sensor (100, 500), wherein the mechanical sensor comprises a second capacitive sensor (5062) (applicant’s second sensor element) separated from the first capacitive sensor (5061) (applicant’s sensor element) by the sensor element (106) (applicant’s receiving element), the second sensor element and the receiving element being connected by a plurality of supporting branches (5082, 5102, 5122) (applicant’s second junction), the second junction being connected to the substrate through anchoring points (112), the second sensor element, the second junction, the receiving element, the junction and the sensor element being aligned along the first direction (X) (Figure 5), the system having a symmetry plane perpendicular to the first direction (X) (Figure 5), and wherein the ratio of: twice the length of the capacitive sensors to the overall length of the mechanical sensor is greater than or equal to 0.46 (applicant’s 2L110,X/L100,X≥0.46) (Figures 1-5, wherein the various element lengths are shown and available for comparison).
Claim(s) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Vicet and Hentz, and in further view of US Publication 2019/0257796 to Duraffourg et al.
In regards to claim 7, Vicet discloses and shows in Figures 1-6, a photoacoustic system and sensor (600) further comprising:
wherein a laser source (604) irradiates a gaseous environment (608), wherein the laser source is absorbed by the gas and emits a sound wave (610) which is detected by a sensor (602) (col. 10, ll. 21-60).
Vicet differs from the limitations in that it is silent to the system further comprising:
a cavity configured to accommodate at least one gas, the cavity comprising:
an optomechanical system and optical sensor;
a first light source configured to inject a detection radiation into an input of the optical detector of the optomechanical system,
detection means capable of detecting the power of the detection radiation at an output of the optical detector.
However, Hentz teaches and shows in Figures 1-8b, an optomechanical system (Figures 5a-b, 8d) and method for transducing an optical phase shift movement comprising:
an optical detection means (20) that includes a waveguide (18) and a laser source to inject detection radiation into an input of the waveguide, which is propagated through the resonator (20) (par. 91-95); and
a spectrometer means for obtaining an output measurement (par. 91-95).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vicet to include the optical detection means discussed above for the advantage of performing photoacoustic spectroscopy with improved resolution and accuracy, with a reasonable expectation of success.
Vicet and Hentz, differ from the limitations in that it is silent to the apparatus further comprising:
a cavity to accommodate at least one gas.
However, Duraffourg teaches and shows in Figures 1 and 10, a photoacoustic sensor with optomechanical coupling, wherein a measurement chamber (110) is utilized to accommodate a gaseous medium (par. 57-63).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vicet and Hentz to include the measurement chamber discussed above for the advantage of containing a gaseous medium for performing photoacoustic spectroscopy, with a reasonable expectation of success.
In regards to claim 8, Vicet and Hentz, differ from the limitations in that it is silent to the apparatus further comprising:
wherein the second light source is a laser source and wherein the excitation radiation is a laser radiation having a main wavelength greater than 700nm.
However, Duraffourg teaches and shows in Figures 1 and 10, a photoacoustic sensor with optomechanical coupling, wherein a pulsed emission source (130) is utilized to emit a laser beam in the Mid-IR range (1000 nm to 1500 nm) (par. 64-68).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vicet and Hentz to include the excitation source discussed above for the advantage of obtaining a desired laser absorption for performing photoacoustic spectroscopy, with a reasonable expectation of success.
In regards to claim 9, Vicet and Hentz, differ from the limitations in that it is silent to the apparatus further comprising:
wherein the cavity further comprises a conduit configured to bring the acoustic wave towards the mechanical sensor.
However, Duraffourg teaches and shows in Figures 1 and 10, a photoacoustic sensor with optomechanical coupling, wherein a measurement chamber (110) is utilized to accommodate a gaseous medium, and propagate a pressure wave towards an optomechanical sensor (par. 57-63, 69) (Figure 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vicet and Hentz to include the measurement chamber discussed above for the advantage of containing a gaseous medium and pressure wave for performing photoacoustic spectroscopy, with a reasonable expectation of success.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Vicet and Hentz, and in further view of US Publication 2009/0185133 to Sakakibara.
In regards to claim 10, Vicet discloses and shows in Figure 5, the optomechanical system, wherein the junction is configured such that the sensor element undergoes a greater displacement along the transverse direction (Z) than the receiving element (col. 10, ll. 9-17; wherein the branching elements (508, 510, 512) and fastening blocks (112) are arranged to create “a lever effect” to amplify the mechanical movement of the distal end of the electrodes (506) compared to the sensor element (106)).
Vicet and Hentz differ from the limitations in that they are silent to the system further comprising, wherein the junction is configured to twist about a coupling axis parallel to the longitudinal plane (XY) in response to vibration of the receiving element, such that the sensor element rotates about the coupling axis.
However, Sakakibara teaches and shows in Figures 2-8, an oscillating MEMs device (120), having a plurality of resilient support members (144-147), which are capable of bending and twisting (par. 56-57, 59) to provide a desired range of motion to a MEMs scanning device.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Vicet and Hentz to include the twisting support members discussed above for the advantage of providing a desired range of motion for a scanning device, with a reasonable expectation of success.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at 571-270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877
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