NON-FINAL REJECTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
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 §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12,158,448 B2, to Debie et al. (from hereinafter “Debie Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because a combination of claims from Debie patent anticipate the limitations found in the independent claim and the dependent claims of the instant application.
For the purpose of illustration, only Claims 1, 11 and 19 of the instant application is compared with Claims 1, 9 and 16 of the Debie patent in the following table (underlining is used to indicate conflicting limitations):
Instant application
Patent No. US 12,158,448 B2
Claim 1, a radiation source device, comprising:
a first membrane layer;
a radiation source structure configured to emit electromagnetic or infrared radiation;
a spacer structure; and
a second membrane layer, wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation, wherein the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure,
wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber, and wherein the radiation source structure is arranged between the first membrane layer and the second membrane layer.
Claim 11, a gas sensor, comprising:
a radiation source device comprising:
a first membrane layer; a radiation source structure configured to emit electromagnetic or infrared radiation;
a spacer structure; and
a second membrane layer, wherein: the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation, the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure,
wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber, and the radiation source structure is arranged between the first membrane layer and the second membrane layer;
a measurement volume having a target gas and providing an optical interaction for the electromagnetic or infrared radiation emitted by the radiation source device; and
an acoustic transducer or a direct thermal detector for providing a detector output signal based on the optical interaction with the target gas in the measurement volume.
Claim 19, a gas sensor, comprising:
a radiation source device comprising:
a first membrane layer;
a radiation source structure configured to emit electromagnetic or infrared radiation;
a spacer structure attached to the radiation source structure; and
a second membrane layer;
wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation, wherein the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure,
wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber, and
wherein the radiation source structure is arranged between the first membrane layer and the second membrane layer;
a measurement volume having a target gas and providing an optical interaction for the electromagnetic or infrared radiation emitted by the radiation source device; and an acoustic transducer or a direct thermal detector for providing a detector output signal based on the optical interaction with the target gas in the measurement volume.
Claim 1, a gas sensor, comprising:
a radiation source device comprising:
a first membrane layer;
a radiation source structure configured to emit electromagnetic or infrared radiation;
a spacer structure attached to the radiation source structure; and
a second membrane layer; wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation, wherein the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure,
wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber, wherein the radiation source structure is arranged between the first membrane layer and the second membrane layer, and
wherein the radiation source structure comprises a perforation forming a ventilation hole between a first volume portion of the chamber enclosed between the radiation source structure and the first membrane layer and a second volume portion of the chamber enclosed between the radiation source structure and the second membrane layer;
a measurement volume having a target gas and providing an optical interaction for the electromagnetic or infrared radiation emitted by the radiation source device; and
an acoustic transducer or a direct thermal detector for providing a detector output signal based on the optical interaction with the target gas in the measurement volume.
Claim 9, a gas sensor, comprising:
a radiation source device comprising:
a first membrane layer; a radiation source structure configured to emit electromagnetic or infrared radiation;
a spacer structure; and
a second membrane layer, wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation, wherein the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure,
wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber, wherein the radiation source structure is arranged between the first membrane layer and the second membrane layer, and wherein the radiation source structure comprises a perforation forming a ventilation hole between a first volume portion of the chamber enclosed between the radiation source structure and the first membrane layer and a second volume portion of the chamber enclosed between the radiation source structure and the second membrane layer;
a measurement volume having a target gas and providing an optical interaction for the electromagnetic or infrared radiation emitted by the radiation source device; and
an acoustic transducer or a direct thermal detector for providing a detector output signal based on the optical interaction with the target gas in the measurement volume.
Claim 16, a method of operating a gas sensor, comprising:
a radiation source device comprising:
a first membrane layer,
a radiation source structure configured to emit electromagnetic or infrared radiation,
a spacer structure, and
a second membrane layer,
wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation,
wherein the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure,
wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber,
wherein the radiation source structure is arranged between the first membrane layer and the second membrane layer, and wherein the radiation source structure comprises a perforation forming a ventilation hole between a first volume portion of the chamber enclosed between the radiation source structure and the first membrane layer and a second volume portion of the chamber enclosed between the radiation source structure and the second membrane layer;
a measurement volume having a target gas and providing an optical interaction for the electromagnetic or infrared radiation emitted by the radiation source device; and an acoustic transducer or a direct thermal detector for providing a detector output signal based on the optical interaction with the target gas in the measurement volume, the method comprising: emitting, by the radiation source structure, the electromagnetic or infrared radiation.
Dependent claims correspondence is as follows:
Claims 2 and 12 of the instant application with claim 2 of the Debie patent.
Claims 3 and 13 of the instant application with claim 3 of the Debie patent.
Claims 4 and 14 of the instant application with claim 4 of the Debie patent.
Claims 5 and 15 of the instant application with claim 5 of the Debie patent.
Claims 6 and 16 of the instant application with claim 6 of the Debie patent.
Claim 7 of the instant application with claim 7 of the Debie patent.
Claims 8 and 17 of the instant application with claim 8 of the Debie patent.
Claims 9, 18 and 20 of the instant application with claim 1 of the Debie patent.
Although the scope of claims of the instant application and claims of the Debie patent are very similar, the difference between the present claimed invention and the Debie patent is that the Debie patent has the limitations, “a perforation forming a ventilation hole between a first volume portion of the chamber enclosed between the radiation source structure and the first membrane layer and a second volume portion of the chamber enclosed between the radiation source structure and the second membrane layer; a measurement volume having a target gas and providing an optical interaction for the electromagnetic or infrared radiation emitted by the radiation source device; and an acoustic transducer or a direct thermal detector for providing a detector output signal based on the optical interaction with the target gas in the measurement volume.” However, these features are not required in the instant application. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the teaching of the Debie patent as a general teaching to arrive at the instant invention because the similar elements and operational conditions are disclosed in both apparatus in order to accomplish the goal of having the radiation source device.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify or to eliminating the additional elements or limitations of claims 1-20 of Debie Patent to arrive at claims 1-20 of the instant application because one of ordinary skill in the art would have realized that the remaining elements or limitations would perform the same functions as before to accomplish the goal of having the radiation source device. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U.S. Court of Customs and Patent Appeals.
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 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 of this title, 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kautzsch et al. (US 20200253000 A1, cited by Applicants, “Kautzsch”) in view of Kolb et al. (US 2021/0285866 Al, cited by the applicants, “Kolb”).
Regarding Claim 1, Kautzsch teaches a radiation source device (Fig.4), comprising: a first membrane layer (fig.4; element 160); a radiation source structure (fig.4; elements 130,140) configured to emit electromagnetic or infrared radiation [0043]; a spacer structure (shown in the attached fig.4 as “Spacer”); and a second membrane layer (fig.4; elements 170, a reflector structure [0056]. Here, the reflector structure broadly functioning as a membrane), wherein the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure (shown in fig.4 that the elements 160, 170 and “spacer” form a chamber), wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber ([0025]-[0026]: “the cavity (at a low pressure, e.g. near-vacuum)”), and wherein the radiation source structure (130,140) is arranged between the first membrane layer (160) and the second membrane layer (170) (the feature is shown in fig.4) ([0006], [0025]-[0026], [0043], [0055]-[0057]).
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As to the limitation, “wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation” Kautzsch teaches that the invention is light emitter devices for gas sensing applications [0003], and since the emitter is configured to emit light, it may transmit some light or electromagnetic radiation through the cover membrane 160. Further, Kautzsch teaches in Fig.6 a gas sensor apparatus 600. The gas sensor apparatus 600 comprises an infrared source 602 (e.g. a light emitter device as introduced in connection with one of the FIGS. 1, 3 and 4) [0060]. Thus, the emitter may transmit some electromagnetic radiation through the cover membrane 160, and the limitation is implicitly taught.
In any event, Kolb teaches a gas sensor (fig.2B) comprising an emitter element (100) wherein the emitter element is covered with a layer (115) and the layer (115) is transmissive to the electromagnetic radiation [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kautzsch’s membranes with the teaching of Kolb since both arts are similar in nature, and it is known in the art to use the first and second membranes of a radiation source as at least partially permeable for electromagnetic radiation in order to transmit electromagnetic radiation (Kolb: [0052]).
Regarding Claim 2, the radiation source device according to claim 1 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches a substrate (fig.4; element 130 (a heater carrier) and 110), wherein the substrate comprises a semiconductor layer [0047] and an oxide layer arranged on the semiconductor layer ([0032] discloses that the oxide layer may form at least one (or all) side wall(s) of the lower portion 120 of the cavity. Thus, oxide on the lateral surface of the carrier substrate which is made of semiconductor. Further, a reflector structure 170 on the carrier 110 [0053], with the reflector structure comprising semiconductor layers and insulating layers, wherein insulating layers are e.g. silicon oxide layers ([0038]).
Regarding Claim 3, the radiation source device according to claim 2 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the spacer structure is located on the substrate (shown in fig.4 that the “spacer” is located on the substrate 110 via element 170. Also, the radiation source 140 is supported by 130 which is attached to the spacer).
Regarding Claim 4, the radiation source device according to claim 3 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the substrate comprises an opening (fig.1; element 132) in an area adjacent to the second membrane layer (shown in fig.1 & 4 and discussed in [0025]; [0028]).
Regarding Claim 5, the radiation source device according to claim 1 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the spacer structure comprises an electrically non-conductive material ([0032], [0047], spacer part of the carrier substrate made of glass).
Regarding Claim 6, the radiation source device according to claim 1 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the radiation source structure is laterally supported by the spacer structure (shown in fig.4 and discussed in [0027]).
Regarding Claim 7, the radiation source device according to claim 1 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the electromagnetic or infrared radiation is thermal radiation [0043].
Regarding Claim 8, the radiation source device according to claim 1 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the pressure in the chamber is less than 300 mbar [0025].
Regarding Claim 9, the radiation source device according to claim 1 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the radiation source structure comprises a perforation (fig.1; element 132) forming a ventilation hole between a first volume portion of the chamber (fig.1; 120) enclosed between the radiation source structure (140) and the first membrane layer and a second volume portion of the chamber (150) enclosed between the radiation source structure and the second membrane layer (shown in fig.1).
Regarding Claim 10, the radiation source device according to claim 6 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the radiation source structure is attached to the spacer structure (implicitly shown in fig.1 and fig.4; discussed in [0027]).
Regarding Claim 11, Kautzsch teaches a gas sensor (fig.4 & 6), comprising: a radiation source device (Fig.4) comprising: a first membrane layer (fig.4; element 160); a radiation source structure (fig.4; elements 130,140) configured to emit electromagnetic or infrared radiation [0043]; a spacer structure (shown in the attached fig.4 as “Spacer”); and a second membrane layer (fig.4; elements 170, a reflector structure [0056]. Here, the reflector structure broadly functioning as a membrane), wherein: the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure (shown in fig.4 that the elements 160, 170 and “spacer” form a chamber), wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber ([0025]-[0026]: “the cavity (at a low pressure, e.g. near-vacuum)”), and the radiation source structure (130,140) is arranged between the first membrane layer (160) and the second membrane layer (170) (the feature is shown in fig.4 and discussed in [0006], [0025]-[0026], [0043], [0055]-[0057]); a measurement volume (fig.4; 150, 120 and fig.6; 606) having a target gas (through gas inlet 608) and providing an optical interaction for the electromagnetic or infrared radiation emitted by the radiation source device (shown in fig.6 and discussed in [0060]); and an acoustic transducer or a direct thermal detector (614) (Kautzsch teaches in Fig.6 a gas sensor apparatus 600. The gas sensor apparatus 600 comprises an infrared source 602 (e.g. a light emitter device as introduced in connection
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with one of the FIGS. 1, 3 and 4), a lens 604, a measurement chamber 606 with a gas inlet 608 and a gas outlet 610 and a dual element detector 614 [0060]. [0037] discloses that the desired optical wavelength may correspond to an optical wavelength absorbed by a sample gas in a gas detector).
Kautzsch does not explicitly teach – (i) the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation, and (ii) the acoustic transducer or the direct thermal detector for providing a detector output signal based on the optical interaction of emitted electromagnetic or infrared radiation with the target gas in the measurement volume.
As to (i) “wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation,” Kautzsch teaches that the invention is light emitter devices for gas sensing applications [0003], and since the emitter is configured to emit light, it may transmit some light or electromagnetic radiation through the cover membrane 160. Further, Kautzsch teaches in Fig.6 a gas sensor apparatus 600. The gas sensor apparatus 600 comprises an infrared source 602 (e.g. a light emitter device as introduced in connection with one of the FIGS. 1, 3 and 4) [0060]. Thus, the emitter may transmit some electromagnetic radiation through the cover membrane 160, and the limitation is implicitly taught.
In any event, Kolb teaches a gas sensor (fig.2B) comprising an emitter element (100) wherein the emitter element is covered with a layer (115) and the layer (115) is transmissive to the electromagnetic radiation [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kautzsch’s membranes with the teaching of Kolb since both arts are similar in nature, and it is known in the art to use the first and second membranes of a radiation source as at least partially permeable for electromagnetic radiation in order to transmit electromagnetic radiation (Kolb: [0052]).
As to (ii), Kolb further teaches the acoustic transducer or the direct thermal detector for providing a detector output signal based on an optical interaction of emitted electromagnetic or infrared radiation with the target gas in the measurement volume (Fig.2B, 2C, 3, 4B, 5B; emitter 20, detector 10, sample volume 15; detector 10 is PAS (photoacoustic sensing) sensor, [0007], claim 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kautzsch’s sensor with the teaching of Kolb regarding photoacoustic sensing since both arts are similar in nature and the modified structure would ensure photoacoustic sensing which is known in the art.
Regarding Claim 12, the gas sensor of claim 11 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches the sensor further comprising: a substrate (fig.4; element 130 and 110), wherein the substrate comprises a semiconductor layer [0047] and an oxide layer arranged on the semiconductor layer ([0032] discloses that the oxide layer may form at least one (or all) side wall(s) of the lower portion 120 of the cavity. Thus, oxide on the lateral surface of the carrier substrate which is made of semiconductor. Further, a reflector structure 170 on the carrier 110 [0053], with the reflector structure comprising semiconductor layers and insulating layers, wherein insulating layers are e.g. silicon oxide layers [0038]).
Regarding Claim 13, the gas sensor of claim 12 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the spacer structure is located on the substrate (shown in fig.4 that the “spacer” is located on the substrate 110 via element 170. Also, the radiation source 140 is supported by 130 which is attached to the spacer).
Regarding Claim 14, the gas sensor of claim 13 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the substrate comprises an opening (fig.1; element 132) in an area adjacent to the second membrane layer (shown in fig.1 & 4 and discussed in [0025]; [0028]).
Regarding Claim 15, the gas sensor of claim 11 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the spacer structure comprises an electrically non-conductive material ([0032], [0047], spacer part of the carrier substrate made of glass).
Regarding Claim 16, the gas sensor of claim 11 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the radiation source structure is laterally supported by the spacer structure (shown in fig.4 and discussed in [0027]).
Regarding Claim 17, the gas sensor of claim 11 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation (this limitation is already addressed in claim 11 above), and wherein the pressure in the chamber is less than 300 mbar [0025].
Regarding Claim 18, the gas sensor of claim 11 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the radiation source structure comprises a perforation (fig.1; element 132).
Regarding Claim 19, Kautzsch teaches a gas sensor (fig.4 & 6), comprising: a radiation source device (fig.4) comprising: a first membrane layer (fig.4; element 160); a radiation source structure (fig.4; elements 130,140) configured to emit electromagnetic or infrared radiation [0043]; a spacer structure [0043] attached to the radiation source structure (shown in fig.4); and a second membrane layer (fig.4; elements 170, a reflector structure [0056]. Here, the reflector structure broadly functioning as a membrane); wherein the first membrane layer, the spacer structure, and the second membrane layer form a chamber enclosing the radiation source structure (shown in fig.4 that the elements 160, 170 and “spacer” form a chamber), wherein a pressure in the chamber is lower than or equal to a pressure outside of the chamber ([0025]-[0026]: “the cavity (at a low pressure, e.g. near-vacuum)”), and wherein the radiation source structure (130,140) is arranged between the first membrane layer (160) and the second membrane layer (170) (the feature is shown in fig.4 and discussed in [0006], [0025]-[0026], [0043], [0055]-[0057]); a measurement volume (fig.4; 150, 120 and fig.6; 606) having a target gas (through gas inlet 608) and providing an optical interaction for the electromagnetic or infrared radiation emitted by the radiation source device (shown in fig.6 and discussed in [0060]); and an acoustic transducer or a direct thermal detector (614) (Kautzsch teaches in Fig.6 a gas sensor apparatus 600. The gas sensor apparatus 600 comprises an infrared source 602 (e.g. a light emitter device as introduced in connection with one of the FIGS. 1, 3 and 4), a lens 604, a measurement chamber 606 with a gas inlet 608 and a gas outlet 610 and a dual element detector 614 [0060]. [0037] discloses that the desired optical wavelength may correspond to an optical wavelength absorbed by a sample gas in a gas detector).
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Kautzsch does not explicitly teach – (i) wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation, (ii) the acoustic transducer or the direct thermal detector for providing a detector output signal based on the optical interaction with the target gas in the measurement volume.
As to (i) “wherein the first membrane layer and the second membrane layer are at least partially permeable for electromagnetic radiation,” Kautzsch teaches that the invention is light emitter devices for gas sensing applications [0003], and since the emitter is configured to emit light, it may transmit some light or electromagnetic radiation through the cover membrane 160. Further, Kautzsch teaches in Fig.6 a gas sensor apparatus 600. The gas sensor apparatus 600 comprises an infrared source 602 (e.g. a light emitter device as introduced in connection with one of the FIGS. 1, 3 and 4) [0060]. Thus, the emitter may transmit some electromagnetic radiation through the cover membrane 160, and the limitation is implicitly taught.
In any event, Kolb teaches a gas sensor (fig.2B) comprising an emitter element (100) wherein the emitter element is covered with a layer (115) and the layer (115) is transmissive to the electromagnetic radiation [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kautzsch’s membranes with the teaching of Kolb since both arts are similar in nature, and it is known in the art to use the first and second membranes of a radiation source as at least partially permeable for electromagnetic radiation in order to transmit electromagnetic radiation (Kolb: [0052]).
As to (ii), Kolb further teaches the acoustic transducer or the direct thermal detector for providing a detector output signal based on an optical interaction of emitted electromagnetic or infrared radiation with the target gas in the measurement volume (Fig.2B, 2C, 3, 4B, 5B; emitter 20, detector 10, sample volume 15; detector 10 is PAS (photoacoustic sensing) sensor, [0007], claim 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kautzsch’s sensor with the teaching of Kolb regarding photoacoustic sensing since both arts are similar in nature and the modified structure would ensure photoacoustic sensing which is known in the art.
Regarding Claim 20, the gas sensor of claim 19 is taught by Kautzsch in view of Kolb.
Kautzsch further teaches wherein the radiation source structure comprises a perforation (fig.1; element 132).
Conclusion
The following prior arts made of record and not relied upon, are considered pertinent to applicant's disclosure:
Tumpold et al. (US 2021/0231562 A1) teaches a radiation source for obliquely launching a narrowband electromagnetic radiation into a cavity, comprises an emitter structure having a main radiation emission region for emitting the narrowband electromagnetic radiation, wherein the emitter structure is optically coupled to the cavity, and a layer element coupled to the main radiation emission region of the emitter structure, wherein the layer element comprises a radiation deflection structure configured for deflecting the radiation emission characteristic of the emitter structure with respect to the surface normal of the main radiation emission region of the emitter structure ([Abstract]; Fig.5).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUMAN NATH whose telephone number is (571)270-1443. The examiner can normally be reached on M to F 9:00 am to 5:00 pm.
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/SUMAN K NATH/Primary Examiner, Art Unit 2855
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