Prosecution Insights
Last updated: October 04, 2026
Application No. 19/048,001

SAMPLE ILLUMINATION SYSTEMS AND RELATED METHODS

Non-Final OA §103
Filed
Feb 07, 2025
Priority
Feb 08, 2024 — provisional 63/551,417
Examiner
TUMEBO, TSION M
Art Unit
Tech Center
Assignee
Gemological Institute Of America Inc.
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
537 granted / 808 resolved
+6.5% vs TC avg
Strong +20% interview lift
Without
With
+20.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
838
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
61.4%
+21.4% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 808 resolved cases

Office Action

§103
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 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over LUO et al. (US 2022/0196565 hereinafter refer as “LUO”) in view of Jaffe et al. (US 2013/0242595 hereafter refer as “Jaffe”). Regarding claim 1. LUO discloses an illumination system (see Fig. 2C), comprising: a stage (stage 262, see Fig. 2C, Para. 0080) to support a sample thereon (gemstone 274, see Fig. 2C, Para. 0080); a first electromagnetic (EM) radiation source (white LED 284, see Fig. 2C, Para. 0082) to provide first EM radiation; a second EM radiation source (UV LED 286, see Fig. 2C, Para. 0082) to provide second EM radiation; and optical equipment (fiber optic ring 264, dichroic filter 288, see Fig. 2C, Para. 0082) and the white LED is directed through a dichroic filter to allow the white light to travel through to the fiber optic ring (264) and the UV LED is also directed toward the dichroic filter (288) and reflected to also or alternatively travel through to the fiber optic ring (264, see Para. 0082). Thus, LUO teaches optically directing the first and second EM radiation along a common optical path toward the fiber-optic ring (264) to the stage to illuminate the sample. However, LUO does not expressly teaches that optical equipment combine at least a portion of the first EM radiation with at least a portion of the second EM radiation to provide combined EM radiation. Jaffe teaches a color light engine (500, see Fig. 5, Para. 0048) that includes a luminescent rod (502) and five other solid state light sources (504), with an optical equipment (dichroic mirrors 506) to create a single coaxial 8-color beam (508 (for example selected from UV 395, Blue 440, Cyan 485, Teal 515, Green 550 or 575, Orange 630 and Red 650 nm) leading to an output 510); wherein each individual light source is collimated so as to be efficiently combined and after color combination, the beam is refocused into a light guide for transport to the device or system to be illuminated according to an embodiment of the invention (see Fig. Para. 0048) Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the optical equipment of LUO to combine at least a portion of the first EM radiation with at least a portion of the second EM radiation into the common optical path so as to be efficiently combined, as suggested by Jaffe, since such arrangement would merely use the disclosed optical component for their known function of selectively transmitting and reflecting different wavelength of the EM rotation to produce a combined output. One of ordinary skill in the art would have been motivated to make this modification as it is predictable use of prior art elements according to their established functions and would not require undue experimentation. Regarding claim 2. LUO further discloses the first EM radiation source includes a white light emitting diode (LED) (white LED 284, see Fig. 2C, Para. 0082) and the second EM radiation source includes an ultraviolet (UV) LED (UV LED 286, see Fig. 2C, Para. 0082). Regarding claim 3. LUO further discloses the white LED, the UV LED, and the optical equipment are selected to approximate filtered halogen illumination with the combined EM radiation (see Para. 0066), the filtered halogen illumination including halogen illumination filtered by a color adjusting daylight filter (see Para. 0065, 0066, and 0075). Regarding claim 4. LUO further discloses the optical equipment includes a dichroic beam splitter (288, see Fig. 2C, Para. 0082) to combine the at least a portion of the first EM radiation with the at least a portion of the second EM radiation. Regarding claim 5. The teachings of LUO have been discussed above. However, LUO is silent with respect to the optical equipment includes a neutral density (ND) filter between the UV LED and the dichroic beam splitter. Jaffe teaches a solid state illumination system that includes an optical component including a neutral density filter for achieving optical attenuation of the light output through the use of a neutral density filter (see Para. 0072, 0073, 0075). Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LUO by including a neutral density (ND) filter between the UV LED and the dichroic beam splitter in order to achieve optical attenuation of the light output, as suggested by Jaffe. One of ordinary skill in the art would have been motivated to make this combination such that output light of the UV LED is attenuated prior to combination by the dichroic beam splitter; whereby the combined output light has an intensity which can be varied over a desired range without substantially changed the combined spectral power distribution of the combined output light (see Para. 0019). Regarding claim 6. LUO further discloses the optical equipment includes a color filter between the white LED and the dichroic beam splitter, the color filter selected to pass spectral elements associated with sunlight and filter out other spectral elements to mimic a daylight spectrum (see Para. 0063 and 0082). Regarding claim 7. LUO further discloses the optical equipment includes a fiber optic line (fiber line 264, see Para. 0082) and a ring light (fiber optic ring 264, see Fig. 2C, Para. 0082) optically coupled to the fiber optic line, the fiber optic line positioned to receive the combined EM radiation and deliver the combined EM radiation to the ring light, the ring light positioned at the stage to illuminate the sample. Regarding claim 8. LUO further discloses comprising a computer system (see Fig. 19, Para. 0084) configured to control electrical currents provided to the first EM radiation source and the second EM radiation source to control intensities of the first EM radiation source and the second EM radiation source (e.g. to adjust the output of LEDs, intensities, see Para. 0084-0085 and 0088). Regarding claim 9. LUO further discloses the computer may be programmed to tune the light sources to change temperatures or to activate different LEDs in the systems to change the temperature of the light (see Para. 0091 and 0092). However, LUO is silent with respect to comprising temperature sensors at the first EM radiation source and the second EM radiation source, wherein the computer system is configured to control the electrical currents provided to the first EM radiation source and the second EM radiation source based, at least in part, on temperature data from the temperature sensors. Jaffe further teaches the electrical and optical characteristics of an LED are temperature dependent. Thus, the light generated by an LED can vary based upon the temperature of the LED. The temperature of the LED is affected by the heat generated by the LED and the heat flux out of the LED. When operated at lower currents (lower power), the amount of heat generated within the LED is reduced which can cause the temperature of the LED to drop. Thus, the temperature of the LED can vary based upon the power at which the LED is driven thereby changing the electrical and optical characteristics of the LED (see Para. 0069). Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LUO by incorporating a temperature sensors at the first EM radiation source and the second EM radiation source in order to effectively detect the temperature of the first EM radiation source and the second EM radiation source so it can vary based upon the power at which the source is driven thereby changing the electrical and optical characteristics of the first EM radiation source and the second EM radiation source, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, simple substitution of one known element for another to obtain predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, including a temperature sensors to effectively detect the temperature of the first EM radiation source and the second EM radiation source would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application. Regarding claim 10. LUO further discloses the computer may be programmed to tune the light sources to change temperatures or to activate different LEDs in the systems to change the temperature of the light (see Para. 0091 and 0092). However, LUO is silent with respect to comprising current sense resistors at the first EM radiation source and the second EM radiation source, wherein the computer system is configured to control the electrical currents provided to the first EM radiation source and the second EM radiation source based, at least in part, on current feedback from the current sense resistors indicative of electrical currents provided to the first EM radiation source and the second EM radiation source. Jaffe further teaches the electrical and optical characteristics of an LED are temperature dependent. Thus, the light generated by an LED can vary based upon the temperature of the LED. The temperature of the LED is affected by the heat generated by the LED and the heat flux out of the LED. When operated at lower currents (lower power), the amount of heat generated within the LED is reduced which can cause the temperature of the LED to drop. Thus, the temperature of the LED can vary based upon the power at which the LED is driven thereby changing the electrical and optical characteristics of the LED (see Para. 0069). Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LUO by incorporating a current sense resistors at the first EM radiation source and the second EM radiation source in order to in order to effectively detect the current of the first EM radiation source and the second EM radiation source so it can vary based upon the power at which the source is driven thereby changing the electrical and optical characteristics of the first EM radiation source and the second EM radiation source, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, simple substitution of one known element for another to obtain predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, including current sense resistors to effectively detect the current of the first EM radiation source and the second EM radiation source would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application. Regarding claim 11. LUO further discloses comprising a spectrometer to provide, to the computer system, spectrum data indicating measured spectra of one or more of the first EM radiation, the second EM radiation, or the combined EM radiation, wherein the computer system is configured to control the electrical currents provided to the first EM radiation source and the second EM radiation source based, at least in part, on the spectrum data (see Para. 0085). Regarding claim 12. The teachings of LUO have been discussed above. However, LUO is silent with respect to comprising heat sinks at the first EM radiation source and the second EM radiation source. Jaffe further teaches the light pipe engine can be convectively cooled as previously described or conductively cooled by being clamped into contact with a metal pedestal heat sink (for example a copper heat sink, see Para. 0061). Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LUO by including a heat sinks at the first EM radiation source and the second EM radiation source in order to conductively cool the first EM radiation source and the second EM radiation source, as suggested by Jaffe, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, including heat sinks at the first EM radiation source and the second EM radiation source to dissipate heat generated by the source through the heatsink for enhancing reliability and/or performance of the illumination system. Regarding claim 13. The teachings of LUO have been discussed above. However, LUO is silent with respect to comprising a cooling fan at one or more of the first EM radiation source or the second EM radiation source. Jaffe further teaches a housing (631, see Fig. 6, Para. 0059) that contains a fan (650). Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LUO by including a cooling fan at one or more of the first EM radiation source or the second EM radiation source in order to conductively cool the first EM radiation source and the second EM radiation source, as suggested by Jaffe, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, including a cooling fan at the first EM radiation source and the second EM radiation source to dissipate heat generated by the source through the heatsink for enhancing reliability and/or performance of the illumination system. Regarding claim 14. LUO discloses a method of illuminating a sample (gemstone 274, see Fig. 2C, Para. 0080), the method comprising: illuminating a first input of a dichroic beam splitter (dichroic filter 288, see Fig. 2C, Para. 0082) with white light from a white light emitting diode (LED) (white LED 284, see Fig. 2C, Para. 0082); illuminating a second input of the dichroic beam splitter with ultraviolet (UV) light from a UV LED (UV LED 286, see Fig. 2C, Para. 0082); and directing combined light from an output of the dichroic beam splitter toward the sample. Regarding claim 15. LUO further discloses comprising adjusting electrical signals provided to the white LED and the UV LED to set a ratio between a white light component and a UV light component of the combined light to a predetermined target value (see Para. 0084 and 0085). Regarding claim 16. LUO further discloses adjusting the electrical signals comprises adjusting the electrical signals based on one or more of: measured temperatures associated with the white LED and the UV LED; measured currents provided to the white LED and the UV LED; or spectrometer measurements taken of one or more of the white light, the UV light, or the combined light (see Para. 0085). Regarding claim 17. The teachings of LUO have been discussed above. However, LUO is silent with respect to illuminating the first input of the dichroic beam splitter with white light comprises illuminating the first input through a color filter and a collimating lens. Jaffe further teaches a lens to collect and collimate light from the lamp module, a bandpass filter to provide a narrow bandwidth of illumination, and an aspheric lens to focus the light at the center of the capillary bore (see Para. 0050). Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LUO by including a color filter and a collimating lens in order to provide effectively focused and collimated light output, as suggested by Jaffe. One of ordinary skill in the art would have been motivated to make this combination for refracting the outgoing light so as to collimate the outgoing light. One of ordinary skill in the art would have been motivated to make this modification to collimate the outgoing light. Regarding claim 18. The teachings of LUO have been discussed above. However, LUO is silent with respect to illuminating the second input of the dichroic beam splitter with UV light comprises illuminating the second input through a neutral density filter. Jaffe teaches a solid state illumination system that includes an optical component including a neutral density filter for achieving optical attenuation of the light output through the use of a neutral density filter (see Para. 0072, 0073, 0075). Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LUO by including a neutral density (ND) filter for illuminating the second input through a neutral density filter in order to achieve optical attenuation of the light output, as suggested by Jaffe. One of ordinary skill in the art would have been motivated to make this combination such that output light of the UV LED is attenuated prior to combination by the dichroic beam splitter; whereby the combined output light has an intensity which can be varied over a desired range without substantially changed the combined spectral power distribution of the combined output light (see Para. 0019). Regarding claim 19. LUO further discloses directing the combined light toward the sample (274, see Fig. 2C) comprises directing the combined light to a fiber optic line (fiber optic line, see Para. 0082) and transmitting the combined light through the fiber optic line to a ring light (264, see Para. 0085) proximate to the sample. Regarding claim 20. The teachings of LUO have been discussed above. However, LUO is silent with respect to comprising a cooling the white LED with a cooling fan. Therefore, in view of Jaffe, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LUO by including a cooling fan at one or more of the first EM radiation source or the second EM radiation source in order to conductively cool the first EM radiation source and the second EM radiation source, as suggested by Jaffe, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, including a cooling fan at the first EM radiation source and the second EM radiation source to dissipate heat generated by the source through the heatsink for enhancing reliability and/or performance of the illumination system. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. TSAI (2021/0389247) teaches a multiple light source and multiple dichroic beam splitter arrangement allows for multiple gemstones to be analyzed using multiple methods with minimal moving, changing, or adjusting the equipment for different samples; TSAI et al. (US 2021/0156807) discloses a systematic and easily reproducible analyzing method is needed for gemstones; TINNEMANS et al. (2018/0011029) teaches an illumination source for generating measurement radiation for an inspection apparatus. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tsion Tumebo whose telephone number is 571-270-1668. The examiner can normally be reached on 7:30 am to 4:00 pm, Monday thru Friday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached on (571)272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. /TSION TUMEBO/ Primary Examiner, Art Unit 2875
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Prosecution Timeline

Feb 07, 2025
Application Filed
Sep 15, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
87%
With Interview (+20.2%)
2y 5m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 808 resolved cases by this examiner. Grant probability derived from career allowance rate.

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