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 § 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) 1-4, 10, 11 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Micheels et al. (U.S. PGPUB 2013/0265568).
Regarding claims 1-4, 10, 11, Micheels et al. disclose (Figs.) a spectroscopic measurement device comprising: a light source unit configured to condense light emitted from a light source (300) with a condensing member (310) and irradiate an article (110) with the light; and a light detection unit (140) configured to measure a spectral characteristic of transmission light transmitted through the article with a spectroscope, wherein the condensing member includes a first opening (Fig. 3) on which the light emitted from the light source is incident, a second opening formed to face the light detection unit and having an opening area smaller (Fig. 3) than an opening area of the first opening, and a transfer path (cone) configured to communicate the first opening and the second opening and transfer light entering the first opening to the second opening, and the transfer path has an inner dimension decreasing from the first opening toward the second opening and includes a wall surface ([0058]) consisting of a reflection surface. A cone shaped reflector is a smooth mirror surface. Micheels et al. further disclose (Figs. 3, 8) a relative position with respect to a light-irradiated surface of the article is adjustable (via 335 moving). Micheels et al. further disclose ([0012]) inspecting a quality (“quality control”) as claimed.
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) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Micheels et al. in view of Beck et al. (U.S. Patent 4,415,811)
Regarding claims 5-7, Micheels et al. disclose the claimed invention as set forth above. Micheels et al. further disclose ([0058]) different condensing members and different types of articles (solids, liquids, etc.). Micheels et al. do not specifically disclose replacing the condensing member according to the type of the article. Beck et al. teach (Fig. 1; col. 4, lines 4-7) changing an optical system based on the type of article being inspected. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide replaceable condensing members based on the article type in the apparatus of Micheels et al. in view of Beck et al. to provide optimum detection results as taught, known and predictable.
Claim(s) 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Micheels et al. in view of Clark (U.S. Patent 5,255,171)
Regarding claims 8, 9, Micheels et al. disclose the claimed invention as set forth above. Micheels et al. do not specifically disclose an opening cover as claimed. Clark teaches (Figs.) an opening cover (diffuser 16, 30) configured to cover a second opening and transmit light passing through the second opening as claimed. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a cover in the apparatus of Micheels et al. in view of Clark to further diffuse light for more uniformity as taught, known and predictable.
Allowable Subject Matter
Claims 12, 13 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.
Conclusion
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/THANH LUU/Primary Examiner, Art Unit 2878
