DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 1-18 are rejected under 35 U.S.C. 102(a1).
Claim(s) 19-20 are rejected under 35 U.S.C. 103.
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) 1-18 are rejected under 35 U.S.C. 102(a1) as being anticipated by WO 2024/028482 to Jourdainne et al. (provided by applicant).
In regards to claims 1-18, Jourdainne discloses and shows in Figures 1-7, an attachment (100) for an optical analysis system (21) that emits an excitation light toward a sample (120) (Figure 1) (pg. 6, par. 1-2), the attachment including:
a reflective surface (121) positioned to reflect light from the sample toward a probe of the optical analysis system (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 11, par. 1); and
a cap (120) (applicant’s holder) supporting the reflective surface, wherein the sample is positioned between the probe and the reflective surface (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 10; pg. 11, par. 1-2);
[claim 2] wherein the reflective surface is positioned from a side opposite to a side of the sample being irradiated by the excitation light (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 11, par. 1);
[claim 3] further comprising screw threads (applicant’s attaching portion) configured to be coupled to the probe and one or more support structures extending between the probe and the reflective surface (Figures 3a-b, 7a-c) (pg. 9, par. 1-4);
[claim 4] wherein the attaching portion is removably couplable with the probe (Figures 3a-b, 7a-c; wherein the cap may have screw threads, and a removable screw nut is illustrated) (pg. 9, par. 1-4);
[claim 5] wherein the one or more support structures define a plurality of flow apertures for receiving the sample (pg. 8, par. 1-3) (Figures 3a-b, 5, 7a-c);
[claim 6] further including an attaching portion configured to be coupled to a housing of the optical analysis system and one or more support structures extending between the attaching portion and the holder (Figures 3a-b, 7a-c; wherein the cap may have screw threads, and a removable screw nut is illustrated) (pg. 3, par. 1-2; pg. 10; pg. 11, par. 1-2; wherein a tube head is threaded to receive the holder cap; further Figures 7a-c illustrate a threaded nut assembly to remove the entire optical probe from the optical analysis system);
[claim 7] wherein the attaching portion is removably couplable with the housing of the optical analysis system (Figures 3a-b, 7a-c; wherein the cap may have screw threads, and a removable screw nut is illustrated) (pg. 8, par. 1-3; pg. 9, par. 1-4);
[claim 8] wherein the reflective surface includes a reflective surface of a mirror having a diameter at least as large as a diameter of the probe (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 7, par. 3; pg. 11, par. 1; pg. 13, par. 2);
[claim 9] wherein a focal region of the reflective surface overlaps with a focal region of the excitation light at the sample (Figure 5) (pg. 3, par. 1-2; pg. 11, par. 1);
[claim 10] an optical analysis system, comprising:
a light source (laser source) generating an excitation light (pg. 6, par. 2);
a light analyzer (detector) (pg. 6, par. 2);
a reflective surface (121) positioned to reflect light from the sample toward a probe of the optical analysis system (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 11, par. 1); and
a cap (120) (applicant’s holder) supporting the reflective surface, wherein the sample is positioned between the probe and the reflective surface (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 10; pg. 11, par. 1-2);
and
an optical lens (29) configured to:
direct the excitation light to the sample positioned between the optical lens and the reflective surface of the attachment (pg. 3, par. 1-2; pg. 6, par. 1-2; pg. 9, par. 1-4) (Figures 3a-b, 5);
receive a backscattered light and a frontscattered light from the sample, wherein the frontscattered light is reflected from the reflective surface (pg. 3, par. 1-2; pg. 6, par. 1-2; pg. 9, par. 1-4) (Figures 3a-b, 5); and
direct the received backscattered light and frontscattered light to the light analyzer (pg. 3, par. 1-2; pg. 6, par. 1-2; pg. 9, par. 1-4) (Figures 3a-b, 5);
[claim 11] wherein the optical lens is included in the probe (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 9, par. 2);
[claim 12] wherein the holder is removably coupled with a housing of the probe (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 9; pg. 10; pg. 11, par. 1-2; wherein a tube head is threaded to receive the holder cap);
[claim 13] wherein the holder is removably coupled with a housing of the optical analysis system (Figures 3a-b, 5) (pg. 3, par. 1-2; pg. 10; pg. 11, par. 1-2; wherein a tube head is threaded to receive the holder cap; further Figures 7a-c illustrate a threaded nut assembly to remove the entire optical probe from the optical analysis system);
[claim 14] wherein the reflective surface is curved, wherein a focal region of the reflective surface overlaps with a focal region of the excitation light at the sample (Figure 5) (pg. 3, par. 1-2; pg. 11, par. 1);
[claim 15] wherein the reflective surface reflects the frontscattered light along a same optical path as the backscattered light (Figure 5) (pg. 3, par. 1-2; pg. 11, par. 1);
[claim 16] further comprising an attaching portion (120) configured to be coupled to the probe and one or more support structures extending between the probe and the reflective surface, wherein the one or more support structures define a plurality of flow apertures (130) for receiving the sample, and wherein the plurality of flow apertures are configured to receive a vessel carrying the sample (Figures 1, 3a-b, 5, 7a-c)(pg. 1, par. 1-3; pg. 3, par. 1-2; pg. 4, par. 1, 3; pg. 8, par. 1; wherein the probe end is disposed with a bioreactor, such that a fluid or material (applicant’s vessel) may flow through a plurality of openings in the cap, and allow the presence of molecules (applicant’s sample) to be detected);
[claim 17] wherein the reflective surface and at least a part of the holder is submerged in the sample while directing the excitation light to the sample (Figures 1, 3a-b, 5, 7a-c) (pg. 1, par. 1-3; pg. 3, par. 1-2; pg. 4, par. 1, 3; pg. 8, par. 1; wherein the probe end is disposed with a bioreactor, such that a fluid or material (applicant’s vessel) may flow through a plurality of openings in the cap, and allow the presence of molecules (applicant’s sample) to be detected);
[claim 18] further comprising computer readable instructions stored in a memory and a processor, by executing the computer readable instructions in the processor, the optical analysis system is configured to generate a spectrum of the light directed to the light analyzer (pg. 1, par. 2-3; wherein Raman spectroscopy is performed and displayed) (Figures 6a-b).
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) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Jourdainne, in view of US Publication 2023/0236128 to Churchwell et al.
In regards to claim 19, Jourdainne discloses and shows the Raman spectroscopy system:
[claim 19] wherein the sample is in a bioreactor and further comprising computer readable instructions stored in a memory and a processor, by executing the computer readable instructions in the processor, the optical analysis system is configured to measure the backscattered light and the frontscattered light at a first time point and at a later, second, time point and determine the presence of molecules based on the measurement at the first time point and the second time point (Figures 1, 3a-b, 5, 7a-c) (pg. 1, par. 1-3; pg. 3, par. 1-2; pg. 4, par. 1, 3; pg. 8, par. 1; wherein the probe end is disposed with a bioreactor, such that a fluid or material (applicant’s vessel) may flow through a plurality of openings in the cap, and allow the presence of molecules to be detected).
Jourdainne differs from the limitations in that it is silent to the system and method for determining a cell density.
However, Churchwell teaches and shows a Raman spectroscopy system, wherein Raman spectroscopy is utilized for a variety of molecular measurements, including determining cell density (par. 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Jourdainne to include the cell density measurements discussed above for the advantage of rapidly and accurately performing a complete sample analysis, with a reasonable expectation of success.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Jourdainne.
In regards to claim 20, Jourdainne discloses and shows the Raman spectroscopy system:
wherein the reflective cap (121) may enhance the received signal by a factor of 2 to 100 (pg. 3, par. 1), which may lead to better measurement consistency and controlled tolerances (pg. 13, par. 1); and
wherein the cap may be removed to “clean or replace” (pg. 9, par. 1).
Jourdainne differs from the limitations in that it is silent to the Raman spectroscopy system further comprising:
determining a status of the reflective surface by comparing the measurements at the first time point and the second time point.
However, one of ordinary skill in the art would recognize a drop or significant change in the intensity of the obtained spectral measurments, as an indication that the reflective surface needs to be cleaned or replaced. Further, the degradation of optical components is well-known to those of ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Jourdainne to include determining a status of the reflective mirror as discussed above for the advantages of maintaining an enhanced spectral signal, and determining if an optical element needs to be cleaned or replaced, with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at 571-270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877
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