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 .
DETAILED ACTION
Amendment
The preliminary amendment filed on 01/10/2025 has been entered into this application.
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 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.
Claim(s) 1-10 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (WO 2020/257513 A1, previously cited reference).
Regarding claims 1 and 15, Li discloses a sensor module for Raman spectroscopy and method of conducting Raman spectroscopy, using a sensor module (claim 15) (see Title and abstract)(figs. 1A-12), comprising a sensor package enclosing a light emitter arrangements Raman spectroscopic measurement system 300 (figs. 1B, 2A-3 and 11A-11B), a dispersive element PWG 200 and a light detector arrangement detector array 20b comprising a light detector array, a photo-detector 20a/detector array 20b, a comparator and lock-in amplifier arranged on or integrated into a carrier, (11), wherein:
- the light emitter arrangement laser 100 which is tunable laser/a plurality of lasers is operable to emit light with multiple excitation wavelengths out of the sensor module [pars. 0051, 0082],
- the dispersive element PWG 200 is operable to receive light incident on the sensor module and operable to disperse the incident light into spectral components [pars. 0037, 0055, 0057, 0080], and
- the light detector arrangement a photo-detector 20a/detector array 20b is operable to generate spectral sensor signals indicative of the spectral components, and
- the comparator and lock-in amplifier is/are functionally equivalent to electronics and control module (50) that is operable to receive spectral output signals of light detectors of the light detector array a photo-detector 20a/detector array 20b and to extract the spectral sensor signal [par. 0049-52, 0055-61].
For the purposes of clarity, the method claim 15 is taught/suggested by the functions shown/stated/set forth with regards to the apparatus/sensor/system claim 1 as rejected above as being anticipated by Li. Additionally, with regards comparator and the lock-in amplifier, considering the BRI consistent with the instant description the comparator and the lock-in amplifier are essential analog and digital signal processing circuits anticipated by electronics and control module (50).
As to claims 2-3, Li also discloses a structure that is use in the sensor module system that is implementing limitations such as, wherein the PWG/AWG 200 the dispersive element is operable to disperse the incident light by the laser 100 which is tunable laser/a plurality of lasers into spatially separate spectral components [pars. 0004, 0033, and 0057] (claim 2); and wherein the PWG/AWG 200 the dispersive element comprises: - an arrayed waveguide grating AWG, - a diffraction grating, - a refractive prism, and/or - a poled domain prism demultiplexers of [par. 0053] (claim 3)
As to claims 4-5, Li also discloses a structure that is use in the sensor module system that is implementing limitations such as, wherein the laser 100 which is tunable laser/a plurality of lasers the light emitter arrangement implicitly comprises two or more light emitters each laser having different wavelength [par. 0082], each operable to emit light out of the sensor module with an excitation wavelength from the multiple excitation wavelengths (claim 4); and wherein the laser 100 which is tunable laser/a plurality of lasers the light emitter arrangement comprises implicitly at least one tuneable light emitter operable to emit light out of the sensor module to be tuned to an excitation wavelength from the multiple excitation wavelengths [pars. 0051, 0055, 0082].
As to claim 6, Li also discloses wherein each light detector of the photo-detector 20a/detector array 20b the light detector array implicit/inherent function is operable to detect/generate one of the spectral sensor signal indicative of a respective spectral component [pars. 0049-50, and 0052].
As to claims 7-10, Li also discloses a structure that is use in the sensor module system that is implementing limitations such as, wherein the carrier/medium/transmission/frequency waveform comprises a photonic integrated circuit in fiber optical communication [par. 0058] or is a chip-based planar Raman spectroscopic measurement system 300/System on a Chip (SOC) (claim 7); and wherein the chip-based planar Raman spectroscopic measurement system 300/ System on a Chip (SOC) [pars. 0049-50, 0052, 0056-57] the photonic integrated circuit the chip-based planar Raman spectroscopic measurement system 300 using electronic interface 40 comprises: - a single input port to receive the incident light, the input port being an input waveguide, - at least one output port, , the output port being an output waveguide, wherein the PWG/AWG 200 the dispersive element is arranged between the input waveguide and the output waveguide on the photonic integrated circuit chip, wherein the output port is operable to couple the spectral components from the dispersive element the PWG/AWG 200 to the light detector arrangement the photo-detector 20a/detector array 20b (claim 8); and wherein the input port the connection point/surface that receives incoming data, signals, comprises: - a grating the PWG/AWG 200 fabricated on a surface of the chip-based planar Raman spectroscopic measurement system 300/System on a Chip (SOC) the photonic integrated circuit, the chip-based planar Raman spectroscopic measurement system 300/ System on a Chip (SOC) comprising at least, input waveguide 12a, star couplers 11, arrayed waveguides 12b, AWG 200a, and an array of output waveguides 12c... 12n, and array of photo-detectors 20b connected to output waveguides 12c... 12n [par. 0057], and/or fiber optical communication [par. 0058] – (i.e. structural shape a tapered waveguide at the edge of the carrier), and/or - an optical fiber (claim 9); and wherein the output port the connection point/surface on AWG device that transmits data, signal to an external peripheral, monitor, or system, it acts as a "sender" or an exit pathway for information leaving a AWG comprises: - an array of waveguides arrayed waveguides 12b, implicitly each waveguide located at specific spatial locations to couple the spectral components from the dispersive element the PWG/AWG 200, - a single waveguide within arrayed waveguides 12b, - multiple waveguides arrayed waveguides 12b with different widths, and/or - multiple waveguides arrayed waveguides 12b with a specific spacing between individual waveguides each waveguides 12b [par. 0050, 0057] (claim 10)
For the purposes of clarity, the system as a unit/one with plurality of waveguides for example, each waveguide(s) within the system, function or act as input and out waveguides/ to function together as a unit. Further each of the elements in the system as a unit inherently/implicitly has/have a connection point/surface that receives incoming data, signals, it acts as a gateway, allowing information to flow into the element/device, and thus the system anticipates input port, the opposite if the output connection point/surface. Additionally, an arrayed waveguide grating are generally made of optical transparency to minimize signal loss, and include glasses for optical frequencies
As to claims 13-14, Li also discloses a structure that is use in the sensor module system that is implementing limitations such as, wherein the module fits into a footprint of about 1cm2 is a small foot-print [par. 0049] (claim 13); and the electronic device the Raman spectroscopic measurement system 300 (figs. 1B, 2A-3 and 11A-11B) comprising a sensor module for Raman spectroscopy according to claim 1 and a host system, wherein: - the sensor module is embedded in and electrically connected to the host system, - the host system comprises one of a mobile device, Smartphone, handheld computer, Smart Watch, handheld Medical-device, or a point-of-care device are desired for hand-held device, mobile, and even in-cell phone Raman analysis application [pars. 0004-5, 0031 and 0049] (claim 14).
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.
Claims 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (WO 2020/257513 A1, previously cited reference).
As to claims 11-12, Li teaches of the features of claims 11 and 12, as applied to claim 1 comprising the sensor package enclosing a light emitter arrangements Raman spectroscopic measurement system 300 (figs. 1B, 2A-3 and 11A-11B) implicitly includes a housing, light emitter arrangement laser 100 which is tunable laser/a plurality of lasers is operable to emit light with multiple excitation wavelengths out of the sensor module [pars. 0051, 0082], allow incident light to enter the sensor module the photo-detector 20a/detector array 20b.
Li fail to explicitly specify the constructional changes in the device/system of claim 1, as that claimed by Applicants claims 11-12, such as wherein: - the sensor package comprises a hollow housings, - the housing comprises a first aperture to allow the light emitted by the light emitter arrangement to leave the sensor module, - the housing comprises a second aperture to allow incident light to enter the sensor module (claim 11); and wherein - the housing comprises optically isolated first and second chambers, - the first chamber encloses the light emitter arrangement, and - the second chamber encloses the light detector arrangement 9claim 12).
However, the constructional changes differences are considered obvious design adjustment and variation in view of Li teaches of the system as a unit/one chip-based planar Raman spectroscopic measurement system 300/ System on a Chip (SOC) [pars. 0049-50, 0052, 0056-57] and the chip-based planar Raman spectroscopic measurement system 300 using electronic interface 40; isolating the detector part of the emitter part is generally known the art.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Li system as desired appropriate, such as in the manner set forth in applicant's claims 11-12, in order to accurately provide a system that will result in high channel count and high-resolution Raman measurement of sufficient spectral range and/or ensure the recapture/capture of the spectral information, as per teachings of Li (Li, see abstract), since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
As to claim 7-10, in the alternative, if the Applicant argues that Li does not anticipates the limitations such as that claimed by Applicants claims 7-10, then in view of Li teaching of medium/transmission/frequency waveform, fiber optical communication [par. 0058] or is a chip-based planar Raman spectroscopic measurement system 300/System on a Chip (SOC), wherein the system comprising, photo-detector 20a/detector array 20b, connection point/surface that receives incoming data, signals; at least, input waveguide 12a, star couplers 11, arrayed waveguides 12b, AWG 200a, and an array of output waveguides 12c... 12n, and array of photo-detectors 20b connected to output waveguides 12c... 12n [par. 0057], and/or fiber optical communication [par. 0058]; and connection point/surface on AWG device that transmits data, signal to an external peripheral, monitor, or system, it acts as a "sender" or an exit pathway for information leaving a AWG, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Li system as desired appropriate, such as in the manner set forth in applicant's claims 7-10, in order to accurately provide a system that will result in high channel count and high-resolution Raman measurement of sufficient spectral range and/or ensure the recapture/capture of the spectral information, as per teachings of Li (Li, see abstract), since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Li system as desired appropriate, such as in the manner set forth in applicant's claims 7-10, in order to accurately provide a system that will result in high channel count and high-resolution Raman measurement of sufficient spectral range and/or ensure the recapture/capture of the spectral information, as per teachings of Li (Li, see abstract), since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Response to Arguments
Applicant’s arguments/remarks, (see pages 8-12), filed on 08/19/2026, with respect to the rejection(s) of claim(s) have been fully considered but are not persuasive.
Applicant’s arguments:
a) Applicant argues stating as set by the Court "A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference." Verdegaal Bros. V. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987) (emphasis added). Li fails to disclose each and every element recited in claim 1 for at least the following reasons.
Applicant argues in particular that Claim 1 recites "a comparator and lock-in amplifier arranged on or integrated into a carrier, wherein: the comparator and lock-in amplifier is operable to receive spectral output signals of light detectors of the light detector array and to extract the spectral sensor signal."
Applicant argues that Claims 2-10 and 13-15 depend from claim 1, and that claims 7-12 under 35 U.S.C. § 103, Claims 7-12 depend from claim 1 and recite additional features. The deficiencies of Li with respect to claim 1 were discussed above. Claims 7-12, therefore, distinguish over Li for at least the same reasons as those discussed with respect to claim 1, and/or for the additionally recited features.
Examiner's response:
With respect to argument (a), it is respectfully pointed out to applicant that while the examiner agrees with the section of the as set by the Court quoted by the Applicant, it is respectfully pointed out to applicant that the argument, argument (a) is not persuasive because it is well settle that the teachings or suggestions of the prior art that have been used as evidence within a rejection of the claimed invention in view of the prior art under 35 U.S.C. 102 or 103, as set forth by the Court, are to be evaluated and determined not just from one or more specifically identified quotes to individual sections of the text of the prior art document but are in fact to be evaluated and determined from all that the prior art document teaches or suggests, In re BODE et al, 193 USPQ 12 at 17 (CCPA, 1977), with some reliance on the knowledge of one of ordinary skill at the time the invention was made in order to provide an enabling disclosure, In re BODE et al, 193 USPQ 12 at 16 (CCPA, 1977). In this case, the “carrier” considering the BRI consistent with the instant disclosure is considered as the combination of electronics and control module 50, the electronics and control module function as an integration module that receive spectral outputs of light detectors (photo-detector 20a/detector array 20b) and extract the spectra sensor signal ( i.e. photon detection and/or spectral measurement signals) for analysis, and are fed back to the laser or laser 100 to establish a closed loop control scheme, as can be seen in depicted drawing (figs. 1A-1B and 2A-2B). As such, it is respectfully pointed out to applicant that this argument is not persuasive because Li clearly expresses and inherently described the combination of electronics and control module 50 receive spectral outputs of light detectors for analysis, and are fed back to the laser or laser 100 to establish a closed loop control scheme, as can be seen in depicted drawing (figs. 1A-1B and 2A-2B), thus meet the claim limitations. As such, upon further consideration, the claims are still rejected as shown in the detail above.
In conclusion, it is respectfully pointed out to applicant that this/these argument(s) (a) is/are not persuasive because the scope of the claim limitations being argued would include Raman spectroscopic measurement system signal(s), the claim invention is not limited to such embodiment as claimed/argued. Finally, Applicant has argued the patentability of dependent claims, based solely upon the patentability of independent claim(s), and has presented no additional arguments exclusively pertaining to the claims, since the applicant has not argued the examiner’s position about the rejection(s) regarding the dependent claims, in the previous Official action. The applicant has acquiesced.
Conclusion
THIS ACTION IS MADE FINAL. 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 Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877
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