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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/01/25 has been acknowledged and considered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bouchard et al (US 2021/0072159 hereinafter “Bouchard”).
Regarding claim 1; Bouchard discloses a spectrometer (20 @ figure 1) for the spectral analysis of a sample (23 @ figure 1), comprising:
a radiation source (24 @ figure 1) for irradiating the sample (22, 23 @ figure 1) with electromagnetic radiation (light pulse 26 @ figure 1);
a dispersive element (208, 214, 210 @ figure 3A) for the spatiospectral splitting of the electromagnetic radiation reflected by the sample (22, 23 @ figure 1);
a measurement window (50 @ figure 1 and paragraph [0079]: e.g., transparent window or equivalent structure can define a probing interface 50 ) for transmitting the electromagnetic radiation (26 @ figure 1) generated by the radiation source (24 @figure 1) to the sample (23 @ figure 1) and for transmitting the electromagnetic radiation (25 @ figure 1) reflected by the sample (22, 23 @ figure 1) to the dispersive element (208, 214, 210 @ figure 3A) in a low-resolution spectrometer (200 @ figures 1 and 3),wherein the electromagnetic radiation (26 @ figure 1) generated by the radiation source (24 @ figure 1) passes on a first inner beam path (29 @ figure 1 and paragraph [0079]: e.g., The probe optics may define a probing light path 29 generally directing the light pulses 26 from the pulsed light source 24 to the sample 22 ) from the radiation source (24 @ figure 1) to the measurement window (50 @ figure 1), and wherein the electromagnetic radiation (25 @ figure 1) reflected by the sample (22, 23 @ figure 1) passes on a second inner beam path (74 @ figure 1 and paragraph [0079]: e.g., a second output light path 74 directing a broadband spectral portion 59 of the plasma light 25 to the low-resolution spectrometer 200) from the measurement window (50 @ figure 1) to the dispersive element (208, 214, 210 @ figure 3A);
a spatially resolving detector (CCD line camera 206 @ figure 3A) of a broadband detection assembly (66 @ figures 1 and 3A) for the wavelength-dependent conversion of the spatiospectrally split electromagnetic radiation (202 @ figure 2 and paragraph [0072: e.g., include an input slit 202, a plane grating 204, a collimating spherical mirror 208 and a focusing spherical mirror 210); and
a deflection mirror (scanning mirror assembly 46 @ figure 1) arranged on the first inner beam path (29 @ figure 1) and on the second inner beam path (74 @ figure 1) and serving for jointly deflecting the first inner beam path (29 @ figure 1) and the second inner beam path (74 @ figure 1). See figures 1-7
Regarding claim 2; Bouchard discloses the deflection mirror (46 @ figure 1) is configured to deflect the first inner beam path (29 @ figure 1) and the second inner beam path (74 @ figure 1) by a deflection angle which is 900 (figure 1 and paragraph [0080]: e.g., the scanning mirror assembly 46 comprises a pair of pivoting mirrors 48a, 48b that deflects the emitted and received light by 900)
Regarding claim 3; Bouchard discloses a first portion (light from light source 24 to mirror 48a, 48b @ figure 1) of the first inner beam path (29 @ figure 1) between the radiation source (24 @ figure 1) and the deflection mirror (48a @ figure 1) and also a first portion (reflected light from mirror 48a to upstream dichroic filter, wideband mirror 60, and broadband detection assembly @ figure 1 ) of the second inner beam path (74 @ figure 1) between the deflection mirror (48a @ figure 1) and the dispersive element (208, 204, 210 @ figure 3A) are arranged jointly in a first plane.
Regarding claim 4; Bouchard discloses a second portion (26 @ figure 1 and paragraph [0059]: e.g., a pulsed laser source 24 generating light pulses 26 apt to create a plasma 23 upon irradiating the sample 22) of the first inner beam path (29 @ figure 1) between the deflection mirror (46 @ figure 1) and the measurement window (50 @ figure 1) and also a second portion (25 @ figure 1) of the second inner beam path (74 @ figure 1) between the measurement window (50 @ figure 1) and the deflection mirror (46 @ figure 1) are arranged jointly in a second plane arranged perpendicular to the first plane (figure 1).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Bouchard et al (US 2021/0072159 hereinafter “Bouchard”) in view of Katz (US 2021/0025758).
Regarding claim 5; Bouchard discloses all of features of claimed invention except for the deflection mirror is tiltable between a first tilt position and a second tilt position, wherein the deflection mirror is oriented in the first tilt position for the joint deflection of the first inner beam path and the second inner beam path, and wherein the deflection mirror is oriented in the second tilt position for a reflection of the electromagnetic radiation generated by the radiation source onto the dispersive element. However, Katz teaches that it is known in the art to provide the deflection mirror (232 @ figure 2) is tiltable (θ @ figure 2) between a first tilt position (e.g., dot line @ figure 2) and a second tilt position (solid line @ figure 2), wherein the deflection mirror (232 @ figure 2) is oriented in the first tilt position for the joint deflection of the first inner beam path (dot line e.g., transmitting light from light source 205 to mirror 232 to window 242) and the second inner beam path (solid line, e.g., reflected light from the window 242 to CCD array 125 @ figures 2-3), and wherein the deflection mirror (232 @ figure 2) is oriented in the second tilt position (solid line @ figure 2) for a reflection of the electromagnetic radiation generated by the radiation source (205 @ figure 2) onto the dispersive element (330, 335 @figure 3). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine spectrometer of Bouchard with limitation about as taught by Katz for the purpose of reconfigured as a single order (non-echelle) spectrometer, allowing a far longer slit to be employed at the expense of total spectral coverage.
Regarding claim 9; Bouchard discloses all of features of claimed invention except for the deflection mirror or the optical reference has an electrochromic layer. However, Katz teaches that it is known in the art to provide the deflection mirror (232 @ figure 2) or the optical reference has an electrochromic layer (235 @ figure 2 and paragraph [0040]: e.g., mirror 232 is coupled to a mechanical driver 235 that is adapted to rotate, pivot and/or vibrate the mirror in response to an electrical activation signal). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine spectrometer of Bouchard with limitation about as taught by Katz for the purpose of reconfigured as a single order (non-echelle) spectrometer, allowing a far longer slit to be employed at the expense of total spectral coverage.
It is noted that the term “or” is alternative.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bouchard et al (US 2021/0072159 hereinafter “Bouchard”) in view of Kormann et al (US 2006/0093522 hereinafter “Kormann”).
Regarding claim 10; Bouchard discloses all of features of claimed invention except for a housing, in which the radiation source, the dispersive element, the spatially resolving detector and the deflection mirror are arranged, wherein the measurement window forms a part of an upper side or of a lower side of the housing. However, Kormann teaches that it is known in the art to provide a housing (1 @ figure 1), in which the radiation source (3 @ figure 1), the dispersive element (reflector 6 @ figure 1), the spatially resolving detector (9 @ figure 1) and the deflection mirror (8 @ figure 1) are arranged, wherein the measurement window (2 @ figure 1) forms a part of an upper side or of a lower side of the housing (1 @ figure 1). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine spectrometer of Bouchard with limitation about as taught by Kormann for the purpose of processing and recalibrating the measured values and an interface to a bus system are arranged in the housing.
Bouchard in view of Spaide combination discloses all of features of claimed invention except for the housing has a height which is at most 80 mm. However, it would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine spectrometer of Bouchard with the housing has a height which is at most 80 mm for processing and recalibrating the measured values and an interface to a bus system are arranged in the housing, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bouchard et al (US 2021/0072159 hereinafter “Bouchard”) in view of Seiwert et al (US 2015/00119835 hereinafter “Seiwert”).
Regarding claim 11; Bouchard discloses all of features of claimed invention except for a beam splitter and an image converter, wherein the beam splitter is arranged on the second inner beam path and splits a camera partial beam path out of the second inner beam path, which is directed onto the image converter. However, Seiwert teaches that it is known in the art to provide a beam splitter (107 @ figure 2A) and an image converter (paragraph [0006]: e.g., the image may be converted to electric signals by an image converter (for stereoscopic ophthalmology microscopes by a stereo image converter or a pair of image converters, respectively) and visualized for the user by a monitor and/or a head-mounted display) of an imaging system (100 @ figure 1A and 2A), wherein the beam splitter (107 @ figure 2A) is arranged on the second inner beam path (figure 2A: e.g., from sample 102 to beam splitter 107) and splits a camera partial beam path (figure 2A: e.g., from the beam splitter 107 to a detector 127) out of the second inner beam path, which is directed onto the image converter (paragraph [0006]) of the imaging system (100 @ figures 1A and 2A). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine spectrometer of Bouchard with limitation about as taught by Seiwert for the purpose of a high transverse resolution and also an improved SNR can be achieved over a long imaging range.
Regarding claim 12; Bouchard discloses all of features of claimed invention except for the beam splitter and the image converter are arranged in the housing. However, Seiwert teaches that it is known in the art to provide the beam splitter (107 @ figure 2A) and the image converter (paragraph [0006] are arranged in the housing (1 @ figure 1A). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine spectrometer of Bouchard with limitation about as taught by Seiwert for the purpose of a high transverse resolution and also an improved SNR can be achieved over a long imaging range.
Regarding claim 13; Bouchard discloses the beam splitter (42 @ figure 1) is arranged on the second inner beam path (72 @ figure 1) between the deflection mirror (46 @ figure 1) and the dispersive element (208, 204, 210 @ figure 3A).
Regarding claim 14; Bouchard discloses all of features of claimed invention except for a camera lens arranged on the camera partial beam path between the beam splitter and the image converter. However, Seiwert teaches that it is known in the art to provide a camera lens (41a, 41b @ figure 1A) arranged on the camera (40a, 40b @ figure 1) in partial beam path (figure 1) between the beam splitter (43a,43b @ figure 1) and the image converter (paragraph [0006]) of the imaging system (100 @ figure 1). It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine spectrometer of Bouchard with limitation about as taught by Seiwert for the purpose of a high transverse resolution and also an improved SNR can be achieved over a long imaging range.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Bouchard in view of Seiwert as applied to claim 14 above, and further in view of Sorensen (US 2019/0124914).
Regarding claim 15; Bouchard in view of Seiwert combination discloses all of features of claimed invention except for the image converter forming an image plane, the camera lens forming a lens plane, the beam splitter, the deflection mirror and an object plane parallel to the measurement window are arranged with respect to one another such that the Scheimpflug condition is complied with. However, Sorensen teaches that it is known in the art to provide the image converter (46 @ figure 2) forming an image plane (44 @ figure 2) , the camera lens (42 @ figure 2) forming a lens plane (50 @ figure 2), the beam splitter (96 @ figure 7), the deflection mirror (82 @ figure 7) and an object plane (figures 2, 7, and paragraphs [0371]-[0372]) parallel to the measurement window are arranged with respect to one another such that the Scheimpflug condition (paragraphs [0371]-[0372]) is complied with. It would have been obvious to one having ordinary skill in the art before the effective filling date of claimed invention to combine spectrometer of Bouchard with limitation about as taught by Sorensen for the purpose of improving and/or reducing use of pesticides and chemicals in agriculture and aquaculture productions.
Allowable Subject Matter
Claims 6-8 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 prior art of record, taken alone or in combination, fails discloses or render obvious a spectrometer for the spectral analysis of a sample comprising all the specific elements with the specific combination including ~the deflection mirror is arranged fixedly within the spectrometer, wherein the spectrometer furthermore comprises a movable reference carrier with at least one optical reference which is pivotable into the first inner beam path and into the second inner beam path between the deflection mirror and the measurement window in set forth of claim 6.
The prior art of record, taken alone or in combination, fails discloses or render obvious a spectrometer for the spectral analysis of a sample comprising all the specific elements with the specific combination including the deflection mirror is pivotable between a first pivot position and a second pivot position, wherein the deflection mirror is oriented in the first pivot position for forming the first inner beam path and the second inner beam path and is arranged between, on one side, a reference carrier with at least one optical reference and, on the other side, the radiation source and the dispersive element, and wherein the deflection mirror in the second pivot position releases a beam path from the radiation source to the reference carrier and a beam path from the reference carrier to the dispersive element in set forth of claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Clara et al (US 2017/0358163) discloses the feature substances are detected on the basis of Raman or SERS spectroscopy also at high transport speeds with a spatial resolution in the low millimeter region or better and reliably identified.
2) Graser (US 2010/0099984) discloses a measuring arrangement and a method for the three-dimensional measurement of at least part of an object includes a light source with a continuous spectrum.
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/SN/
September 17, 2026
/SANG H NGUYEN/ Primary Examiner, Art Unit 2877
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