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 .
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 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.
Claim(s) 1-3 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuda et al. (US 2010/0201984)(“Schuda”), and further in view of Deguchi et al. (US 2016/0169800)(“Deguchi”).
With regards to claim 1 and 7, Schuda discloses a concentration measurement device (Abstract; an in-line particle sensor)([0020]; “…the in-line particle sensing system reports on particulate presence and/or concentration…”)([0023]; FIG. 4; in-line particle sensing system 114) and a method that provides real-time particle information [0021] comprising:
an electrical unit ([0023]; “System 214 includes electronics enclosure 220 that includes processing electronics 250 …”) including a light source ([0022][0023]; illumination source 130, 230) and a photodetector ([0027]; “…detector 238 is simply a photodetector…”);
a fluid unit having a measurement cell ([0024]; gas flow chamber or sample interaction region 242)(FIG. 3; interaction region 132, a transmission member ([0025]; “…the scattered illumination is conveyed through a third high-pressure optical member 270 which is also optically configured to provide high quality illumination transmission therethrough,…”) connecting the electrical unit 220 and the fluid unit 242; and
a control circuit ([0026]; “System 214 includes processor or processing electronics 250,…”) connected to the light source and the photodetector ([0026]; Processor 250 is operably coupled to illumination source 230 and to one or more detectors 238.”),
the concentration measurement device being configured to measure a concentration of a fluid in the measurement cell [0020] by using the photodetector to detect a light incident on the measurement cell from the light source, and emitted from the measurement cell [0025]; “As a particle…enters interaction region 132, it will scatter or otherwise interrupt the relative amount of light falling on detector(s) 136, 138. This momentary fluctuation in the intensity of illumination measured by detectors 136, 138 is detected by suitable detection circuitry (not shown in FIG. 3) to count or otherwise detect the presence of particle 134.”), wherein
the control circuit is configured to detect existence of an abnormality in an optical system including the light source, the transmission member, and the photodetector ([0028] teaches that the systems 308 can detect particles flowing in an amount or quantity that is greater than a selected threshold and also can determine if the particles have contaminated the tool 300.), based on an intensity of light emitted from the plurality of light emitting elements and an output of the photodetector [0025].
Schuda teaches that the illumination source is preferably a diode laser or an LED that can provide wavelengths of the illumination in the ultraviolet ranges. The reference further teaches that short wavelengths for smaller and smaller particle dimensions [0022].
Schuda do not specifically disclose a light source having a plurality of light emitting elements for emitting lights of mutually different wavelengths.
In the same field of endeavor, Deguchi discloses an ultraviolet absorption type inline gas concentration meter [0001]. Deguchi teaches of a multi LED light source 1a that emits three different wavelengths of ultraviolet light within the wavelength region of 200 nm to 400 nm [0024][0029][0055][0056]. The mixed wavelengths of ultraviolet are mixed and have a phase difference and is passed through a raw material gas and then to a light detection parts 10a and 10b. A specific wavelength of the mixed incident light is absorbed by the gas G, and the intensity of the mixed light detected by the respective photo diodes 12 and the change of ultraviolet intensity is measured [0072]. Finally, the reference teaches that the ultraviolet type concentration meter can be used for the maintenance of airtightness of the equipment/detector [0013].
In view of Deguchi, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to modify the in-line particle sensor, of Schuda, with a multi LED light source having a plurality of LEDs capable of emitting ultraviolet light having different ultraviolet wavelengths. The motivation is to utilize an multi LED light source that can produce three different ultraviolet wavelengths capable of being absorbed by the gas and the change of intensity is detected by the photodetector. The change of intensity is correlated to the concentration of the gas.
With regards to claim 2, Schuda, in view of Deguchi, discloses the concentration measurement device according to claim 1, configured so as to turn off the plurality of light emitting elements when an abnormality is detected in the optical system, and to issue an alert to a user. (Schuda; [0028][0031])
With regards to claim 3, Schuda, in view of Deguchi, discloses the concentration measurement device according to claim 1, wherein at least one of the lights emitted from the plurality of light emitting elements is ultraviolet light having a wavelength of 200-400 nm. (Deguchi; [0020])
With regards to claim 6, Schuda, in view of Deguchi, discloses the concentration measurement device according to claim 1, wherein the transmission member (Schuda; high-pressure transparent member 240) (includes a first optical fiber cable for guiding the light from the light source to the measurement cell (Deguchi; [0049]), and a second optical fiber cable (Schuda; [0025]; a third high-pressure optical member 270 optically configured to provide high quality illumination transmission )(Deguchi; [0058]; optical fiber 5) for guiding the light emitted from the measurement cell to the photodetector (Schuda; [0025])(Deguchi; [0058])
Allowable Subject Matter
Claims 4-5 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claim 4, Schuda, in view of Deguchi, do not disclose the concentration measurement device according to claim 1,
wherein the electrical unit further includes a reference photodetector for receiving a portion of the light from the light source before the light is incident on the transmission member, and the control circuit is configured to detect existence of the abnormality based on the intensity of the light emitted from the plurality of light emitting elements, the output of the photodetector, and an output of the reference photodetector.
Claim 5 is objected due to being dependent on objected base claim 4.
With regards to claim 8, Schuda, in view of Deguchi, do not disclose the concentration measurement device according to claim 7, wherein the light source is constituted by two light emitting elements of a first light emitting element and a second light emitting element; the electrical unit further includes a reference photodetector for receiving a part of the light from the plurality of light emitting elements before the light is incident on the transmission member,
the abnormality detection method further comprising:
a step of determining an occurrence of an optical attenuation abnormality in the optical system, when a result obtained by subtracting a light intensity of the first light emitting element from a light intensity of the first light emitting element detected by the photodetector and a result obtained by subtracting a light intensity of the second light emitting element from a light intensity of the second light emitting element detected by the photodetector is less than or equal to a threshold value, and a result obtained by subtracting the light intensity of the first light emitting element from a light intensity of the first light emitting element detected by the reference photodetector and a result obtained by subtracting the light intensity of the second light emitting element from the light intensity of the second light emitting element detected by the photodetector is less than or equal to a threshold value;
a step of determining an occurrence of an abnormality in the photodetector, when a result obtained by subtracting the light intensity of the first light emitting element from the light intensity of the first light emitting element detected by the photodetector is less than or equal to a threshold value, and a result obtained by subtracting the light intensity of the second light emitting element from the light intensity of the second light emitting element detected by the photodetector is less than or equal to a threshold value;
a step of determining an occurrence of an abnormality in the first light emitting element, when a result obtained by subtracting the light intensity of the first light emitting element from the light intensity of the first light emitting element detected by the photodetector is less than or equal to a threshold value, and a result obtained by subtracting the light intensity of the first light emitting element from the light intensity of the first light emitting element detected by the reference photodetector is less than or equal to a threshold value;
a step of determining an occurrence of an abnormality in the second light emitting element, when a result obtained by subtracting the light intensity of the second light emitting element from the light intensity of the second light emitting element detected by the photodetector is less than or equal to a threshold value, and a result obtained by subtracting the light intensity of the second light emitting element from the light intensity of the second light emitting element detected by the reference photodetector is less than or equal to a threshold value; and
a step of determining an occurrence of an abnormality in the reference photodetector, when a result obtained by subtracting the light intensity of the first light emitting element from the light intensity of the first light emitting element detected by the reference photodetector is less than or equal to a threshold value, and a result obtained by subtracting the light intensity of the second light emitting element from the light intensity of the second light emitting element detected by the reference photodetector is less than or equal to a threshold value.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Poteet et al. (US 2008/0191137)
Smargiassi et al. (US 2012/0161021)
Hendrickson et al. (US 2014/0000515)
Yun (US 2004/0092040)
Murthy (US 2015/0226629)
Li et al. (US 2021/0310893)
Ji et al. (US 2003/0098419)
Harada et al. (US 5,810,928)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUGH MAUPIN/ Primary Examiner, Art Unit 2884
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