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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Republic of Korea on 1/5/2024. It is noted, however, that applicant has not filed a certified copy of the KR10-2024-0002336 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 8-12 and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yalin (US 2017/0336320 A1).
Regarding claim 1, Yalin discloses an optical measurement method (Yalin, FIG. 1 and [0030], cavity ring-down spectroscopy system 100) comprising: emitting light to an optical beam path cell (Yalin, FIG. 1 and [0030], target volume 115) comprising a first mirror and a second mirror faces the first mirror (Yalin, two reflectors 110 and 120); forming an optical beam path by reflecting the light between the first mirror and the second mirror (Yalin, FIG. 1 and [0030], two reflectors 110 and 120); obtaining an optical signal (Yalin, FIG. 1, [0029]-[0030], and [0035], detector 125) including an optical characteristic value based on an interaction of the light with a sample in the optical beam path; separating the optical signal into a gas signal and a particle signal (Yalin, FIG. 5 and [0027-0030], [0070]-[0073], steps 515-530, from [0072] “At block 525 the filtered optical loss data may be fit with a spectral curve using any number of curve fitting techniques. For example, a spectral curve may be fit with the filtered optical loss data using any type of regression algorithm, least squares fit algorithm, Levenberg-Marquardt algorithm etc. Alternatively or additionally the filtered optical loss data may be fit with a Gaussian function, a Lorentzian function, a Voigt function, or sum of the aforementioned functions via regression methods (for example, Least Squares etc. as listed above”); and determining a concentration of particles in the sample based on the particle signal, wherein the determining of the concentration of the particles comprises fitting the particle signal into a first distribution function indicating the optical characteristic value and a frequency of the optical characteristic value, and wherein the concentration of particles is determined based on first shape information about the first distribution function (Yalin, FIG. 5 and [0070]-[0073], steps 515-530, from [0070], “The frequency of the light source, for example, may be varied across a known spectrum that may include one or more spectral lines indicative of the target species. The light source may be selected to produce light within the wavelength range that includes these spectral lines and/or may be scanned across one or more of the spectral lines indicative of the target,” and from [0072]“At block 525 the filtered optical loss data may be fit with a spectral curve using any number of curve fitting techniques. For example, a spectral curve may be fit with the filtered optical loss data using any type of regression algorithm, least squares fit algorithm, Levenberg-Marquardt algorithm etc. Alternatively or additionally the filtered optical loss data may be fit with a Gaussian function, a Lorentzian function, a Voigt function, or sum of the aforementioned functions via regression methods (for example, Least Squares etc. as listed above”).
Regarding claim 2, the limitations therein are disclosed in paragraph [0071] of Yalin.
Regarding claim 3, the limitations therein are disclosed in paragraphs [0072], [0096]-[0098] of Yalin.
Regarding claim 8, the limitations therein are shown in Figs.1 and 5 of Yalin.
Regarding claim 9, the limitations therein are disclosed in paragraphs [0029]-[0031] of Yalin.
Regarding claim 10, the limitations therein are disclosed in paragraphs [0031], [0067] of Yalin.
Regarding claim 11, the limitation therein are disclosed in paragraph [0032] of Yalin.
Regarding claim 12, an optical measurement device comprising: a light source (Yalin, FIG. 1, [0030], and [0032], light source 105) configured to emit light; an optical beam path cell comprising a first mirror and a second mirror (Yalin, FIG. 1 and [0030], two reflectors 110 and 120) configured to form an optical beam path by reflecting the light emitted from the light source; and a detector (Yalin, FIG. 1, [0030], and [0035], detector 125) configured to obtain an optical signal based on an interaction of the light with an aerosol sample in the optical beam path (Yalin, FIG. 1, [0030], “The target volume 115 may include any type of sample gas such as, for example, ambient air or atmospheric gases.” Examiner notes that in [0027]-[0029], Yalin discusses analyzing aerosols, most specifically in [0029], “Some embodiments of the invention may measure the concentration of various species within a gaseous sample. These species, for example, may include aerosols” ), and determine a concentration of particles and a concentration of gas in the aerosol sample from the optical signal, wherein the detector comprises a concentration determination module configured to fit a particle signal extracted from the optical signal into a Gaussian distribution function representing a ring-down time value and a frequency of the ring-down time value; and determine the concentration of the particles based on first shape information about the Gaussian distribution function (Yalin, FIG. 5 and [0070]-[0073], steps 515-530, from [0070], “The frequency of the light source, for example, may be varied across a known spectrum that may include one or more spectral lines indicative of the target species. The light source may be selected to produce light within the wavelength range that includes these spectral lines and/or may be scanned across one or more of the spectral lines indicative of the target,” and from [0072]“At block 525 the filtered optical loss data may be fit with a spectral curve using any number of curve fitting techniques. For example, a spectral curve may be fit with the filtered optical loss data using any type of regression algorithm, least squares fit algorithm, Levenberg-Marquardt algorithm etc. Alternatively or additionally the filtered optical loss data may be fit with a Gaussian function, a Lorentzian function, a Voigt function, or sum of the aforementioned functions via regression methods (for example, Least Squares etc. as listed above”).
Regarding claim 16, the limitations therein are disclosed in paragraphs [0031], [0067] of Yalin.
Regarding claim 17, the limitations therein are disclosed in paragraphs [0029]-[0031] of Yalin.
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.
Claim(s) 4-7, 13-15 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yalin (US 2017/0336320 A1).
Regarding claims 4-7, 13-15 and 18-20, Yalin differs from the claimed invention in that it does not specifically disclose the claimed features of determining the concentration of the particles. However, such features are well known in the art and the specific scheme and configuration utilized to determine the concentration of the particles would have been obvious to one of ordinary skill in the art in view of meeting different design requirements and achieving the particular desired performance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN K PYO whose telephone number is (571)272-2445. The examiner can normally be reached 9:00-5:30 PM.
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, Georgia Y Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN K PYO/ Primary Examiner, Art Unit 2878
Prosecution Insights