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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: a rear optical module (Claim 1); a light receiving assembly (Claim 1); a central axis (Claim 1). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a front optical assembly (Claim 1)
a front optical module (Claim 1, 2, 12, 14, 18)
a flow chamber assembly (Claim 1, 15, 16)
a detection component (Claim 1, 5, 13, 14, 17)
a rear optical assembly (Claim 1, 12, 14)
a rear optical module (Claim 1, 5, 12, 13, 14, 17)
a light receiving assembly (Claim 1, 5, 6, 12, 13)
a limiter (Claim 4)
a pressing member (Claim 5, 6, 7, 10)
a first positioning component (Claim 11)
a second positioning component (Claim 11)
a third positioning component (Claim 16)
a fourth positioning component (Claim 16)
a first light receiving device (Claim 17)
a second light receiving device (Claim 17)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 12-14, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 20170022583.
Claim 1
KR 20170022583 discloses a particle detection device (Fig. 5; See Page 4 of translation), comprising: a light source (Fig. 5, Ref. 210; LED), configured to provide an illuminating light (Ref. 210 LED is a device that provides illuminating light); a front optical assembly (See Fig. 5 annotated below), comprising a single front optical lens barrel (Fig. 5, Ref. 230; emitting lens is part of a barrel) and a front optical module (Fig. 5, Ref. 200; light emitting unit), the single front optical lens barrel (Fig 5, Ref. 230) comprising a front optical channel (See Fig. 5 annotated below) in which the front optical module (Fig. 5, Ref. 200) is arranged, wherein the illuminating light passes (Fig 5, Ref. 210) through the front optical module (Fig. 5, Ref. 200), and the front optical module shapes (Fig. 5, Ref. 200) the illuminating light (Fig. 5, Lens Ref. 240 shape the illuminated light from Ref. 210); a main lens barrel (Fig. 5, Ref. 100), having a main channel (Fig. 5, Ref. 130; light incident aperture) through which the illuminating light shaped by the front optical module passes (Fig. 5, Ref. 200); a flow chamber assembly (Fig. 5, Ref. 120; sample inlet), connected to the main lens barrel (Fig. 5, Ref. 110), and having a detection component (Fig. 5, Ref. 330; detection unit) configured for a sample solution (aerosol particles) to be tested to pass through, wherein the detection component (Fig. 5, Ref. 330) comprises an incoming side (Fig. 5, Ref. 310) arranged toward the front optical assembly (See Fig. 5 annotated below) and an outgoing side (Fig. 5, Ref. 350) arranged opposite to the incoming side (Fig. 5, Ref. 310), and the illuminating light shaped by the front optical module (Fig. 5, Ref. 200) enters the detection component (Fig. 5, Ref. 330) from the incoming side (Fig. 5, Ref. 310), illuminates the sample (aerosol particles) solution to be tested, and then exits from the outgoing side (Fig. 5, Ref. 350); a rear optical assembly (Fig. 5, Ref. 350), comprising a rear optical module (Fig. 5, Ref. 350, 360, 370) which shapes the illuminating light exited from the outgoing side of the detection component (Fig. 5, Ref. 350; second condenser lens); and a light receiving assembly (Fig. 5, Ref. 370), configured to receive the illuminating light shaped by the rear optical assembly (Fig. 5, Ref. 350), wherein a cross section of the main channel (Fig. 5, Ref. 130) has a circular shape (See Fig. 5; The use of the term “barrel” implies that is has a circular shape), and the single front optical lens barrel (Fig. 5, Ref. 230 barrel lens) is at least partially located in the main channel (See Fig. 5, see area between 110 and 130), to form a nested connection with the main lens barrel (See Fig. 5, barrels nested within each other); and wherein a central axis (See Fig. 5 annotated below) of the front optical channel (See Fig. 5 annotated below), a central axis of the main channel (Fig. 5, Ref. 120) and an optical axis of the front optical module (Fig. 5, Ref. 200) are substantially coaxial.
[AltContent: textbox (Central Axis)][AltContent: textbox (Front Optical channel)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: textbox (Front optical assembly)]
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Claim 12
KR 20170022583 discloses the rear optical assembly (Fig. 5, Ref. 100, 300) further comprises a rear optical lens barrel (Fig. 5, Ref. rear optical barrel between elements Ref. 130 and 240) having at least a first rear optical channel (see central axis Fig. 5 annotated below), a central axis (See Fig. 5 annotated below) of the first rear optical channel, the central axis (See Fig. 5 annotated below) of the main channel, the central axis (See Fig. 5 annotated below) of the front optical channel and the optical axis of the front optical module are substantially coaxial (See Fig. 5 annotated below, axis goes through all optical modules), the rear optical module comprises a first light converging lens (Fig. 5, Ref. 240) and a first diaphragm (Fig. 5, Ref. 130), the light receiving assembly (Fig. 5, Ref. 350) is configured to receive the illuminating light that exits from the outgoing side of the detection component (Fig. 5, Ref. 350) and passes through the first light converging lens (Fig. 5, Ref. 240) and the first diaphragm (Fig. 5, Ref. 130), the first light converging lens (FIG. 5, Ref. 240) and the first diaphragm (Fig. 5, Ref. 130) are arranged in the first rear optical channel (Fig. 5, first rear optical channel between elements Ref. 240 and 130), and the light receiving assembly (Fig. 5, Ref. 300) is connected to the rear optical lens barrel (Fig. 5, Ref. 100), and wherein when the cross section of the main channel has a circular shape (See Fig. 5; The use of the term “barrel” implies that is has a circular shape), the rear optical lens barrel is at least partially located in the main channel (Fig. 5, See each section from Ref. 100, 200, 300 are nested corrected to each other), to form a nested connection with the main lens barrel.
Claim 13
KR 20170022583 discloses the rear optical module (Fig. 5, Ref. 100, 300) comprises a first light converging lens (Fig. 5, Ref. 240) and a first diaphragm (Fig. 5, Ref. 130), the light receiving assembly (Fig. 5, Ref. 300) is configured to receive the illuminating light that exits from the outgoing side of the detection component (Fig. 5, Ref. 350) and passes through the first light converging lens (Fig. 5, Ref. 240) and the first diaphragm (Fig. 5, Ref. 130), and wherein the first light converging lens (Fig. 5, Ref. 240), the first diaphragm (Fig. 5, Rf. 130) and the light receiving assembly are all connected to the main lens barrel (Fig. 5, Ref. 110).
Claim 14
KR 20170022583 discloses the rear optical assembly (Fig. 5, Ref. 100, 300) further comprises a rear optical lens barrel (Fig. 5, Ref. 300) having at least a first rear optical channel (See Fig. 5 annotated below; central axis), the first rear optical channel is configured for the illuminating light exited from the outgoing side of the detection component (Fig. 5, Ref. 350) to pass through a central axis (See Fig. 5 annotated below) of the first rear optical channel, the central axis of the main channel, the central axis (See Fig. 5 annotated below) of the front optical channel and the optical axis of the front optical module are substantially coaxial (See Fig. 5 annotated below; central axis), and the rear optical module (Fig. 5, Ref. 300) is at least partially connected to the rear optical lens barrel or the rear optical module (Fig. 5, Ref. 300) is entirely connected to the main lens barrel (Fig. 5, Ref. 100).
Claim 19
KR 20170022583 discloses the front optical channel (See Fig. 5 annotated below; central axis) comprises, along an axial direction of the front optical channel, a plurality of first installation cavities (Fig. 5, Ref. 300, 100, 200) sequentially arranged and extended to a rear end surface of the front optical lens barrel, and inner diameters of the plurality of first installation cavities increase sequentially (See Fig. 5, 300, 100, 200 how the cavities increases sequentially).
Claim 20
KR 20170022583 discloses the front optical channel (See Fig. 5 annotated below channel alone the central axis) further comprises a second installation cavity (Fig. 5, between 220, 210) extended to a front end surface of the front optical lens barrel (Fig. 5, Ref. 130, 240), and the light source (Fig. 5, Ref. 210) is at least partially located in the second installation cavity (Fig. 5, between 220, 210).
Allowable Subject Matter
Claims 2-11, 15-18 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:
Regarding claim 2, the prior art fails to disclose or make obvious the light source is movable relative to the main lens barrel along an axial direction of the main channel, to adjust a distance between the light source and the flow chamber assembly, and in combination with the other recited limitations of claim 1. Claims 3-4 would be allowed by the virtue of dependency on the allowable subject matter of claims 1, 2.
Regarding claim 5, the prior art fails to disclose or make obvious the rear optical module comprises a first light converging lens and a first diaphragm, the light receiving assembly is configured to receive the illuminating light that exits from the outgoing side of the detection component and passes through the first light converging lens and the first diaphragm, the particle detection device further comprises a pressing member connected to the main lens barrel, and the first diaphragm is clamped between the main lens barrel and the pressing member, and in combination with the other recited limitations of claims 1. Claims 6-11 would be allowed by the virtue of dependency on the allowable subject matter in claims 1, 5.
Regarding claim 15, the prior art fails to disclose or make obvious the flow chamber assembly is connected to the main lens barrel and is configured to be movable relative to the main lens barrel along a first direction, and the first direction is parallel to a radial direction of the main channel that is perpendicular to a flow direction of the sample solution to be tested, and in combination with the other recited limitations of claim 1. Claim 16 would be allowed by the virtue of dependency on the allowable subject matter in claim 1.
Regarding claim 17, the prior art fails to disclose or make obvious the rear optical module comprises a first light converging lens and a reflector, and the light receiving assembly comprises a first light receiving device and a second light receiving device the first light converging lens is configured to converge a first illuminating light exited from the outgoing side of the detection component and within a first angle range, a second illuminating light exited from the outgoing side of the detection component and within a second angle range, and a third illuminating light exited from the outgoing side of the detection component and within a third angle range the reflector is configured to reflect a light formed by the second illuminating light after being converged by the first light converging lens the first light receiving device is configured to receive a light formed by the first illuminating light after being converged by the first light converging lens and a light formed by the third illuminating light after being converged by the first light converging lens, and the second light receiving device is configured to receive a light formed by the second illuminating light after being converged by the first light converging lens and reflected by the reflector, and wherein angles in the second angle range are less than angles in the first angle range, and angles in the third angle range are greater than angles in the second angle range and less than angles in the first angle range, and in combination with the other recited limitations of claim 17.
Regarding claim 18, the prior art fails to disclose or make obvious the front optical module comprises a cylindrical lens and a second light converging lens that are sequentially arranged along an axial direction of the front optical channel and located in the front optical channel the front optical module further comprises a non-spheric lens located in the front optical channel and between the light source and the cylindrical lens the front optical module further comprises an optical isolator located in the front optical channel and between the non-spheric lens and the cylindrical lens, and/or, the front optical module further comprises a second diaphragm located in the front optical channel and between the light source and the non-spheric lens, and in combination with the other recited limitations of claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 June 18, 2026]
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