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 .
Election/Restriction
This application contains claims directed to the following patentably distinct species Figure 1A (claims 1-13); Figure 13 (claims 14-20). The species are independent or distinct because of the different types of carrier systems for the microtargets. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claim 1 is generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
Searching for different types of carrier system for calibration in different CPC classifications
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with David Fogg on September 2, 2026 a provisional election was made without traverse to prosecute the invention of Figure 13, claims 14-20. Affirmation of this election must be made by applicant in replying to this Office action. Claims 1-13 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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) 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foertsch et al. (2023/0324276) in view of WO 2022/231426 A1.
Claim 14
Foertsch et al. (2023/0324276) discloses a system for calibration and testing an optical particulate sensor (See Abstract), the system comprising: a disk-shaped carrier (Fig. 1a, Ref. 1) having a substantially circular surface (See Fig. 1A, Ref. 1) facing the optical particulate sensor (Fig. 2A, Ref. 12); wherein the carrier is divided into a plurality of sections (Fig. 1a. Ref. 10; calibration focus; each dot is a section) each section having a height (Para. 0061; particles in Ref 10 have a three-dimensional structure therefore it has a height), such that the surface of each section (Fig. 1a, Ref. 10) passes through a measurement volume (Fig. 2a, Ref. 11) of the optical particulate sensor (Fig. 2a, Ref. 12) at a selected distance (Fig. 2a, shown calibration device KE at a selected distance) from the optical particulate sensor (Fig. 2a, Ref. 12); wherein the carrier (Fig. 1a, Ref. 1) includes a ring which includes the microtargets (Fig. 1a, Ref. 10 forms a ring of target around Ref. 1) configured to emulate particles (Fig. 1a, Ref. 4; calibration particles); a drive (Fig. 2a, Ref. 14a, movement device), coupled to the carrier (Fig. 2a, Ref. 1) move through three dimensions of the measurement volume (Para. 0061; three-dimensional structure of the calibration particles), that is configured to rotate the carrier (Fig. 2a, Ref. 1) such that at least some of the plurality of microtargets (Fig. 1a, Ref. 10) on the carrier (Fig. 1a, Ref. 1), such that a light beam (Fig. 2a-2b, Ref. 7) from the optical particulate sensor is reflected/scattered toward the optical particulate sensor (Fig. 2a-2b, Ref. 12); and at least one processor (Fig. 2a, Ref. 13) configured to determine one or more characteristics of the at least one microtarget (Fig. 1a, Ref. 10) on the carrier (Fig. 1a, Ref. 1) based on the reflected/scattered light (Para. 0069, 0072; 0061).
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Foertsch et al. (2023/0324276) substantially teaches the claimed invention except that it does not show a plurality of concentric rings, with each of the plurality of concentric rings has a plurality of microtargets formed in the concentric ring on the surface of the carrier. WO 2022/231426 A1 shows that it is known to provide a plurality of concentric rings, with each of the plurality of concentric rings (Fig. 5a, Ref. 40-1-40-9) has a plurality of microtargets (Fig. 5A, Ref. 11; calibration structure) formed in the concentric ring (Fig. 5a, Ref. 40-1) on the surface of the carrier (Fig. 4B, Ref. 3, substrate carrier), for a calibration structure for an optical deice. It would have been obvious to modify the device of Foertsch et al. (2023/0324276) with the calibration structure of WO 2022/231426 A1 before the effective filing date of the claimed invention for the purpose of providing a controlled, multi-zone environment for testing particle size, counting efficiency, flow rate, and resolution. Therefore, it ensures the optical particle sensor delivers accurate, repeatable, and standardized measurements across its operating range.
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Claim 15
Foertsch et al. (2023/0324276) discloses the plurality of microtargets (Fig. 1a, Ref. 10) on a concentric ring are formed in a plurality of clusters of microtargets (See Fig. 1), wherein each of the plurality of clusters of microtargets includes microtargets of varying size (Para. 0025; contrast regions simulate calibration particles with different particle sizes or particle diameters).
Claim 16
Foertsch et al. (2023/0324276) discloses the microtargets (Fig. 1a, Ref. 10) are formed at points across the concentric ring to cover a substantial portion of a width of the concentric ring (See Fig. 1a, Ref. 10; formed around the width of Ref. 1).
Claim 17
Foertsch et al. (2023/0324276) discloses an interface that is adapted to be coupled to a window associated with the optical particulate sensor (Para. 0042).
Claim 18
Foertsch et al. (2023/0324276) in view of WO 2022/231426 A1 discloses the claimed invention except for the carrier has an even number of sections, wherein each of the plurality of sections is paired with another section of the plurality of sections, the paired sections having equal height and weight, and being located directly opposite each other. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to modify Foertsch et al. (2023/0324276) and WO 2022/231426 A1 with the even number of sections since it was well known in the art that an even number of paired, equal-height-and-weight sections opposite each other in a particle sensor calibration device ensures symmetry, balanced load, error cancellation, and predictable response, all of which are essential for achieving accurate, repeatable, and reliable calibration results. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 19
Foertsch et al. (2023/0324276) in view of WO 2022/231426 A1 discloses the claimed invention except for the height of each section is selected to enable testing and calibrating a full depth of the measurement volume of the optical particle sensor, as well as testing optical particulate sensor capability to reject measurements out of sensor measurement volume. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to modify Foertsch et al. (2023/0324276) and WO 2022/231426 A1 with a full depth of the measurement volume since it was well known in the art that choosing section heights for testing and calibration ensures the optical particle sensor is accurate, efficient, and reliable across its entire measurement volume, rejects invalid measurements, and meets regulatory and performance standards. Therefore, covers the full depth of the measurement volume and validates the sensor’s ability to handle particles at all sizes within that range. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 20
Foertsch et al. (2023/0324276) discloses a radius of the carrier (Fig. 1a, Ref. 1) is chosen to enable simulation of particles of selected speeds (Para. 0071; particle speed).
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.
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) at http://www.uspto.gov/interviewpractice.
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 September 3, 2026
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