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
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2024/0319085) hereinafter known as Wang, and further in view of Nelson et al. (US 6,822,236) hereinafter known as Nelson.
With regards to claim 1, 11 and 12, Wittmann discloses a method and a system for remote imaging of explosive gases in an area (Abstract) and a non-transitory computer readable medium storing a program configured to cause a measurement apparatus to execute operations [0078], comprising:
an irradiator (FIG. 9; [0075]; active light source 910) configured to irradiate irradiation light ([0075]; “The active light source 910 emits a light beam having uniform light intensity distribution over the mid-wave infrared range. Preferably, the light source 910 has a parabolic reflector for illumination.”);
a light receiver ([0076]; camera 920 with infrared image sensor 921) configured to receive light to be measured based on the irradiation light irradiated by the irradiator onto a region to be measured ([0076]; “The camera 920 may have an infrared image sensor 921 and an optical lens 922 configured to capture the infrared image of the illuminated area.”); and
a controller ([0078]; computer that utilizes a processor 941) configured to calculate a state of a gas ([0006]; gas concentration) to be measured ([0012][0026][0044]; first target gas) ([0064]; methane) contained in the region to be measured based on first reference information on the gas to be measured acquired at a first central wavelength of the gas to be measured ([0009][0062][0063][0064]; detection of methane utilizing a gas detection filter having a central wavelength of 3.20 μm and a FWHM of 200 nm and a reference filter having a central wavelength of 3.95 μm and a FWHM of 200 nm), second reference information on an interfering gas acquired at a second central wavelength of the interfering gas ([0006]; different gases with overlapping absorption bands)([0049]; butane and methane having overlapping absorption bands) and at the first central wavelength ([0065]; detection of carbon monoxide utilizing a gas detection filter having a central wavelength of 4.67 μm and a FWHM of 380 nm and a reference filter having a central wavelength of 3.95 μm and a FWHM of 200 nm)([0069]-[0071]; “…butane distribution image of an area based on the predicted concentration of butane.”)(Note; [0063] teaches that the reference filter having a central wavelength of 3.95 μm and a FWHM of 200 nm may be used for obtaining the background intensity calibration functions in detection of methane, butane, and carbon monoxide.) receiving an pixel intensity image by the light receiver at the first central wavelength of the light and at the second central wavelength [0050].
Wang teaches of developing non-linear gas concentration prediction model to calculate gas concentrations [0006]. Wang [0050] teaches receiving an pixel intensity image using a first detection filter having a central wavelength of 3.45 μm and a FWHM of 200 nm corresponding to butane and methane and a second pixel intensity of an image acquired through a second detection filter having a central wavelength of 3.20 μm and a FWHM of 200 nm corresponding to methane.
Wang do not specifically disclose measuring a state of a gas and receiving light signal by the light receiver.
In the same field of endeavor, Nelson discloses methods of and apparatus for detecting trace amounts of target gases, such as natural gas (col. 1; lines 19-25). Nelson discloses an IR filter 71 that have an optimized central wavelength and an optimized bandpass which result in an increased sensitivity and selectivity to a particular target gas. The increased sensitivity and selectivity results in the avoidance of erroneous detection of any competitive gases (col. 28; lines 5-11). Further, Nelson teaches there is a need to remove undesired influences from the target gas signal so as to isolate detector signals representing the target gas (col. 4; lines 13-16). Further, the reference teaches of a processor use to obtain ratio measurements between a target gas signal and the signal output of a detector 82 (col. 23; lines 36-62). Finally, the reference teaches that “…target gas channels 76 and 78 are input to the processor 89. The processor 89 is programmed to perform operations of measurement techniques to further reduce the impact of competitive gases 53 on the minimum detectable concentration achievable by the system 50.” (col. 23; lines 23-28)
In view of Nelson, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to utilize or acknowledge the use of measured target gas signals detected by Wang’s image sensor. The motivation for utilizing signal measurements is to detect and measure the target gas and further reduce competitive gas interferences with said target gas having minimal detectable concentration.
With regards to claim 2, Wang, in view of Nelson, discloses the measurement apparatus according to claim 1, wherein the controller is configured to modulate a wavelength of the irradiation light at a modulation frequency (Nelson; col. 22; lines 23-25; “The crystal oscillator and lock-in circuit 171-1 generates an output 173 modulated at the appropriate frequency.”), and
the first reference information includes, as first correlation data, a first calibration curve in which a concentration of the gas to be measured and an intensity of the received light signal at a frequency component twice the modulation frequency are associated with each other (Wang; [0015][0069])(Nelson; col. 24-25; lines 61-2).
With regards to claim 3, Wang, in view of Nelson, discloses the measurement apparatus according to claim 2, wherein the first reference information includes a first phase of the received light signal of the gas to be measured. (Nelson; col. 22; lines 23-66)
With regards to claim 4, Wang, in view of Nelson, discloses the measurement apparatus according to claim 3, wherein
the second reference information includes, as second correlation data, a second calibration curve in which a concentration of the interfering gas and an intensity of the received light signal at a frequency component twice the modulation frequency are associated with each other. (Wang; FIG. 7A; [0016][0071]) (Nelson; col. 24-25; lines 61-2).
With regards to claim 5, Wang, in view of Nelson, discloses the measurement apparatus according to claim 4, wherein the second calibration curve includes both a calibration curve at the first central wavelength and a calibration curve at the second central wavelength. (Wang; [0028][0050][0051][0064])
With regards to claim 6, Wang, in view of Nelson, discloses the measurement apparatus according to claim 4, wherein the controller is configured to calculate the concentration of the interfering gas by comparing a first intensity of the received light signal at the frequency component, as acquired at the second central wavelength, with the second calibration curve at the second central wavelength. (Wang; FIG. 7A; [0016][0071]) (Wang; [0028][0050][0051][0064]) (Nelson; col. 24-25; lines 61-2).
With regards to claim 7, Wang, in view of Nelson, discloses the measurement apparatus according to claim 6, wherein the controller is configured to calculate a second intensity of the received light signal at the frequency component for the interfering gas at the first central wavelength by comparing the calculated concentration of the interfering gas with the second calibration curve at the first central wavelength. (Wang; [0070]; FIG. 7A)
Allowable Subject Matter
Claims 8-10 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:
With regards to claim 8, Wang, in view of Nelson, do not disclose the measurement apparatus according to claim 7, wherein the controller is configured to calculate a fourth intensity of the received light signal at the frequency component for the gas to be measured at the first central wavelength by canceling a contribution of the second intensity in a third intensity of the received light signal at the frequency component, as acquired at the first central wavelength.
Claims 9-10 are objected due to being dependent on objected base claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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/HUGH MAUPIN/ Primary Examiner, Art Unit 2884
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