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 Objections
Claims 1-2 and 6 are objected to because of the following informalities:
Claim 1: In Line 16, the Examiner assumes that “connected to a laser” should actually be --connected to [[a]] the laser--.
Claim 2: In Line 1, the Examiner assumes that “comprising a laser operably” should actually be --comprising [[a]] the laser operably--.
Claim 6: In Line 1, the Examiner assumes that “comprising a spectrophotometric detector” should actually be --comprising [[a]] the spectrophotometric detector--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2 and 6 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which they depend, or for failing to include all the limitations of the claim upon which they depend.
Claim 2 recites “a laser operably connected in optical alignment with the first beam splitter; the laser being adapted and arranged to emit the beam of laser light toward the first beam splitter”. However, claim 1 recites “the first beam splitter being adapted and arranged to receive a beam of laser light emitted from a laser” and “the apparatus is optically connected to a laser that emits the beam of laser light toward the first beam splitter”, wherein the optical alignment is implicit.
Claim 6 recites “a spectrophotometric detector operably connected in optical alignment with the second beam splitter to quantitatively detect and record the Raman spectral data”. However, claim 1 recites “the second beam splitter directs the Raman-scattered light to the spectrophotometric detector, which is optically connected to the apparatus to quantitatively detect and record the Raman spectral data”, wherein the optical alignment is implicit.
Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
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.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 107748158), hereinafter Chen, in view of Bechtel et al. (US 2007/0049809), hereinafter Bechtel, and Iida et al. (US 2024/0272157), hereinafter Iida.
Claim 1: Chen discloses an apparatus (Fig. 2) comprising:
(b) a scanning mirror (5) mounted on the support framework (the support framework is inherent since the elements of the apparatus cannot hang in free space) [0059];
(c) an objective lens assembly (2) mounted on the support framework optically aligned with the scanning mirror (5) to receive light reflected from the scanning mirror (5) [0058]; the scanning mirror (5) being adapted and arranged for rotational movement to scan the beam of laser light through the objective lens assembly (2) [0059];
(d) a dichroic filter (6) mounted on the support framework optically aligned with the scanning mirror (5) [0059]; the dichroic filter (6) being transparent to the beam of laser light and reflective to Raman-scattered light from a Raman-active analyte illuminated by the beam of laser light [0067]; and
(e) a second beam splitter (11) mounted on the support framework spaced from and optically aligned with the dichroic filter (6) to reflect (via 15) the Raman-scattered light to a spectrum detection unit (19) to collect Raman spectral data [0067];
wherein, in use, the apparatus is optically connected to a laser (10) that emits the beam of laser light through the dichroic filter (6) to the scanning mirror (5) [0059]; the scanning mirror (5) rotates to continuously scan the beam of laser light through the objective lens assembly (2) across the width of an object [0059]; at least a portion of the Raman-scattered light from the object is directed by the objective lens assembly (2) to the scanning mirror (5) [0066]; the scanning mirror (5) reflects the Raman-scattered light to the dichroic filter (6) [0066]; the dichroic filter (6) reflects the Raman-scattered light to the second beam splitter (11) [0066]; and the second beam splitter (11) directs the Raman-scattered light to the spectrum detection unit (19), which is optically connected to the apparatus to quantitatively detect and record the Raman spectral data [0067].
Chen is silent with respect to a first beam splitter.
However, Chen discloses wherein the light source comprises a white light lamp and a laser [0055]. Bechtel, furthermore, in the same field of endeavor of Raman spectroscopy, discloses an apparatus (10, Fig. 3) comprising:
(a) a first beam splitter (24) mounted on a support framework (support framework is inherent since the elements of the apparatus cannot hang in free space), the first beam splitter (24) being adapted and arranged to receive a beam of laser light emitted from a laser (12) [0059].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s apparatus with a first beam splitter to receive both a beam of laser light emitted from the laser and white light emitted from the lamp for the purpose of allowing the individual lights to be replaced without affecting the alignment of the other. It is evident then, in Chen’s modified apparatus, that the dichroic filter is interposed between and optically aligned with the first beam splitter and the scanning mirror (5). It is also evident, in Chen’s modified apparatus, that the laser (10) that emits the beam of laser light toward the first beam splitter, which directs the beam of laser light through the dichroic filter (6).
Chen discloses the use of atomic absorption spectrophotometry [0004], but does not explicitly disclose that the spectrum detection unit is a spectrophotometric detector.
Iida, however, in the same field of endeavor of spectral detection, discloses an apparatus (100, Fig. 1) comprising:
a spectrophotometric detector (7) to detect a spectrum and collect spectral data reflected/scattered from a sample (10) [0074].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s spectrum detection unit to be a spectrophotometric detector for the purpose of accurately measuring the spectrum of light reflected/scattered from the object being interrogated (Iida [0074]).
Chen does not explicitly disclose wherein the object being interrogated is a coating comprising the analyte, which has been deposited on a moving web by a continuous coating apparatus.
However, language in an apparatus or product claim directed to the function, operation, intended use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See, e.g., In re Rishoi, 197 F.2d 342, 344-45 (CCPA 1952); In re Otto, 312 F.2d 937, 939-40 (CCPA 1963); In re Ludtke, 441 F.2d 660, 663-64 (CCPA 1971); In re Yanush, 477 F.2d 958, 959 (CCPA 1973).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s apparatus to be used to study other objects, such as a coating comprising an analyte, for the purpose of increasing the utility of the apparatus, such as in biochemical applications.
Claim 2: Chen, in view of Bechtel, further discloses the laser operably connected in optical alignment with the first beam splitter (evident from the modification of Chen with Bechtel in the claim 1 rejection); the laser being adapted and arranged to emit the beam of laser light toward the first beam splitter (Bechtel [0059]).
Claims 3,12: Chen is silent with respect to a first fiberoptic cable operably connecting the laser to the first beam splitter.
Bechtel, however, discloses a first fiberoptic cable (62) operably connecting a laser to a first beam combiner (66) (Fig. 4A) [0062].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s apparatus with a first fiberoptic cable to operably connect the laser to the first beam splitter for the purpose of improving the coupling of the emitted signal. It is evident that the laser light transmitted from the laser is then sent to the first beam splitter via the first fiberoptic cable.
Claims 4,13: Chen further discloses wherein the laser (10) is a 532 nm laser [0055].
Claims 5,14: Chen further discloses wherein the dichroic filter (6) is a bandpass dichroic filter (inherent since dichroic filters operate by transmitting/passing light within a certain waveband and rejecting light outside said waveband).
Claim 6: Chen further discloses the spectrophotometric detector (19) operably connected in optical alignment with the second beam splitter (11) to quantitatively detect and record the Raman spectral data [0067].
Claims 7,12: Chen is silent with respect to a second fiberoptic cable operably connecting the spectrophotometric detector to the second beam splitter.
Iida, however, discloses wherein the apparatus (100) may comprise fiberoptic cables [0077].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s apparatus with a second fiberoptic cable operably connecting the spectrophotometric detector to the second beam splitter for the purpose of improving the coupling of the emitted signal. It is evident that the Raman-scattered light is transmitted to the spectrophotometric detector via the second fiberoptic cable.
Claims 8,15: Chen does not explicitly disclose the apparatus being operably mounted above the web of the continuous coating apparatus for two- or three-dimensional movement over the coating web.
However, the web of the continuous coating apparatus is an object being worked upon. Language in an apparatus or product claim directed to the function, operation, intended use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See, e.g., In re Rishoi, 197 F.2d 342, 344-45 (CCPA 1952); In re Otto, 312 F.2d 937, 939-40 (CCPA 1963); In re Ludtke, 441 F.2d 660, 663-64 (CCPA 1971); In re Yanush, 477 F.2d 958, 959 (CCPA 1973). Furthermore, Chen appears to disclose the apparatus (Fig. 2) being located above the sample (within 105) being interrogated.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s apparatus to be interrogating a coating web for the purpose of increasing the utility of the apparatus, such as for biochemical applications.
Claims 9,16: Chen further discloses:
a lamp (“the light source 10 includes a white light illumination source and laser detection light source”, [0055]) operably connected in optical alignment with the first beam splitter (evident from modification of Chen with Bechtel in claim 1 rejection); such that light from the lamp is transmitted to the dichroic filter (6), and from the dichroic filter (6) to the scanning mirror (5) [0058]; and
an imager (14) operably connected in optical alignment with the second beam splitter (11) to receive light from the second beam splitter (11) and record an image of the surface of the coating [0060];
wherein, in use, the light from the lamp is directed by the first beam splitter to the dichroic filter (6), from the dichroic filter (6) to the scanning mirror (5), and from the scanning mirror (5) through the objective lens assembly (2) to illuminate the coating on the moving web; and light reflected from the coating passes back through the objective lens assembly (2) to the scanning mirror (5), from the scanning mirror (5) to the dichroic filter (6), from the dichroic filter (6) to the second beam splitter (11), and from the second beam splitter (11) to the imager (14) to record an image of the coating on the moving web [0060].
Claim 10: Chen does not explicitly disclose the apparatus being operably mounted above the web of the continuous coating apparatus for two- or three-dimensional movement over the coating web.
However, the web of the continuous coating apparatus is an object being worked upon. Language in an apparatus or product claim directed to the function, operation, intended use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See, e.g., In re Rishoi, 197 F.2d 342, 344-45 (CCPA 1952); In re Otto, 312 F.2d 937, 939-40 (CCPA 1963); In re Ludtke, 441 F.2d 660, 663-64 (CCPA 1971); In re Yanush, 477 F.2d 958, 959 (CCPA 1973). Furthermore, Chen appears to disclose the apparatus (Fig. 2) being located above the sample (within 105) being interrogated.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s apparatus to be interrogating a coating web for the purpose of increasing the utility of the apparatus, such as for biochemical applications.
Claim 11: Chen discloses an apparatus (Fig. 2) comprising:
(a) a laser adapted and arranged to emit a beam of laser light [0058];
(c) a scanning mirror (5) mounted on the support framework (the support framework is inherent since the elements of the apparatus cannot hang in free space) [0059];
(d) an objective lens assembly (2) mounted on the support framework optically aligned with the scanning mirror (5) to receive light reflected from the scanning mirror (5) [0058]; the scanning mirror (5) being adapted and arranged for rotational movement to scan the beam of laser light through the objective lens assembly (2) [0059];
(e) a dichroic filter (6) mounted on the support framework optically aligned with the scanning mirror (5) [0059]; the dichroic filter (6) being transparent to the beam of laser light and reflective to Raman-scattered light from a Raman-active analyte illuminated by the beam of laser light [0067];
(f) a second beam splitter (11) mounted on the support framework spaced from and optically aligned with the dichroic filter (6) to receive the Raman-scattered light from the dichroic filter (6) [0067]; and
(g) a spectrum detection unit (19) operably connected in optical alignment with the second beam (11) splitter to receive the Raman-scattered light from the second beam splitter (11) to quantitatively detect and record Raman spectral data from the Raman-scattered light [0067];
wherein, in use, the beam of laser light is directed through the dichroic filter (6) to the scanning mirror (5) [0059]; the scanning mirror (5) continuously scans the beam of laser light through the objective lens assembly (2) across the width of an object [0059]; at least a portion of the Raman-scattered light from the object is directed by the objective lens assembly (2) back to the scanning mirror (5) [0066]; the scanning mirror (5) reflects the Raman-scattered light to the dichroic filter (6) [0066]; the dichroic filter (6) reflects the Raman-scattered light to the second beam splitter (11) [0066]; and the second beam splitter (11) directs the Raman-scattered light to the spectrum detection unit (19) for quantitative detection and recording of the Raman spectral data [0067].
Chen is silent with respect to a first beam splitter.
However, Chen discloses wherein the light source comprises a white light lamp and a laser [0055]. Bechtel, furthermore, in the same field of endeavor of Raman spectroscopy, discloses an apparatus (10, Fig. 3) comprising:
(a) a first beam splitter (24) mounted on a support framework (support framework is inherent since the elements of the apparatus cannot hang in free space), the first beam splitter (24) being adapted and arranged to receive a beam of laser light emitted from a laser (12) [0059].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s apparatus with a first beam splitter to receive both a beam of laser light emitted from the laser and white light emitted from the lamp for the purpose of allowing the individual lights to be replaced without affecting the alignment of the other. It is evident then, in Chen’s modified apparatus, that the dichroic filter is interposed between and optically aligned with the first beam splitter and the scanning mirror (5). It is also evident, in Chen’s modified apparatus, that the laser (10) that emits the beam of laser light toward the first beam splitter, which directs the beam of laser light through the dichroic filter (6).
Chen discloses the use of atomic absorption spectrophotometry [0004], but does not explicitly disclose that the spectrum detection unit is a spectrophotometric detector.
Iida, however, in the same field of endeavor of spectral detection, discloses an apparatus (100, Fig. 1) comprising:
a spectrophotometric detector (7) to detect a spectrum and collect spectral data reflected/scattered from a sample (10) [0074].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s spectrum detection unit to be a spectrophotometric detector for the purpose of accurately measuring the spectrum of light reflected/scattered from the object being interrogated (Iida [0074]).
Chen does not explicitly disclose wherein the object being interrogated is a coating comprising the analyte, which has been deposited on a moving web by a continuous coating apparatus.
However, language in an apparatus or product claim directed to the function, operation, intended use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See, e.g., In re Rishoi, 197 F.2d 342, 344-45 (CCPA 1952); In re Otto, 312 F.2d 937, 939-40 (CCPA 1963); In re Ludtke, 441 F.2d 660, 663-64 (CCPA 1971); In re Yanush, 477 F.2d 958, 959 (CCPA 1973).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s apparatus to be used to study other objects, such as a coating comprising an analyte, for the purpose of increasing the utility of the apparatus, such as in biochemical applications.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to HINA F AYUB whose telephone number is (571)270-3171. The Examiner can normally be reached on 9am-5pm ET Mon-Fri.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Tarifur Chowdhury can be reached on 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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/Hina F Ayub/
Primary Patent Examiner
Art Unit 2877
Prosecution Insights