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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/23/2025. The submission is following the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
5. 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)(l) 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 9, 10, 12, 13, 15, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Day et al., (US 2016/0116414 A1).
Regarding claims 9 and 16, Day et al., disclose a spectroscopic analysis device, comprising: an image sensor (photo detector 4, Fig. 2A) that has a first region (4a) and a second region (4b) different from the first region (4a), and that detects light incident on the first region (4a) and the second region (4b)(see Fig. 2A and [0047], “The detectors 4a and 4b can separate or integrated, e.g. part of the same CCD chip, e.g. using different rows of a 2D array to record the two spectra”; and [0050], “The photo detectors 4 a and 4 b may be comprised in separate detectors or comprised in a single detector, e.g. a pixel array such as a CCD”);
a first optical system (11, 8) that irradiates a sample (2) with a primary light (P1, [0036], “a first light beam P1 having a first wavelength λ1”), and that causes a secondary light (S1/I1) generated from the sample (2) to be incident on the first region (4a)([0049], “A lens 6 is arranged to focus the first light beam P1… locations f1, and the same lens 6 is used to collect the (back)scattered light from the foci f1 to detector 4a”);
a second optical system (12, 9) that causes a standard light (S2/I2) to be incident on the second region (4b)(see Fig. 2A and [0042], “ P2 having a second wavelength λ2… generating an off-resonance Raman signal S2”. The S2 serves as the standard light having spectrum I2 to be incident on the second region 4b); and
a computer (5, Fig. 2A), wherein the computer (5) corrects a detection result of the secondary light incident on the first region (4a), based on a detection result of the standard light (I2) incident on the second region (4b)([0042], “ calculating the resonance Raman signal S1 of the analyte 1 from a difference analysis between the first and second Raman spectra I1,I2”, and [0047], “The detector 10 comprises a processor 5, arranged for receiving the first and second Raman spectra I1,I2 from the first and second photo detectors 4 a, 4 b and calculating the resonance Raman signal S1 of the analyte 1 from a difference analysis between the first and second Raman spectra I1,I2”).
Regarding claim 10, Day et al., as discussed in claim 9, disclose the first optical system (8) spectrally separating the secondary light (S1/I1) , and causes the spectrally separated secondary light (S1/I1) to be incident on the first region (4a)(see Fig. 2A, [0038], the S1 is originating from focus f1 and “dispersed within the spectrograph 13 and detected on a CCD array 4 a”, [0049], “f1′ and f2′ of the said different locations f1 and f2 onto a first photo detector 4 a and second photo detector 4 b”),
the second optical system (12, 9) spectrally separates the standard light (S2), and causes the spectrally separated standard light to be incident on the second region (4b)( see Fig. 2A, the S2 is originating from focus f2 and “dispersed within the spectrograph 13 onto photo detector 4b”, and [0048]-[0049], “f1′ and f2′ of the said different locations f1 and f2 onto a first photo detector 4 a and second photo detector 4 b”),
the first region (4a having the dispersion axis 4 x, see Fig. 2A) is configured such that a plurality of incident positions where a plurality of lights having different wavelengths ([0048], “laser sources 11 and 12, e.g. at λ1=244 nm and λ2=266 nm respectively”, and light is “dispersed by the spectrograph optics 14 and imaged onto the CCD array 4 with the spectra…dispersed along the dispersion axis 4 x”) are incident are aligned in a straight line ([0047], “The detectors 4 a and 4 b can separate or integrated, e.g. part of the same CCD chip, e.g. using different rows of a 2D array to record the two spectra”, showing that using different rows of a 2D array to record the two spectra, a single row/channel from the CCD axis represents a straight line of different wavelength positions), and
the second region (4b having the dispersion axis 4y, see Fig. 2A )is disposed on the image sensor (4, [0048], “ the CCD array 4 with the spectra offset along the spatial axis 4 y and dispersed along the dispersion axis 4 x”) at a position shifted from a position of the first region (4a) in a direction intersecting a direction in which the plurality of incident positions are aligned (Fig.2A, the axis 4y is orthogonal or intersect the axis 4x).
Regarding claim 12, Day et al., as discussed in claim 9, disclose a light source (11/12, Fig.2A); and a light generation unit that generates the primary light and the standard light from light emitted by the light source ([0050], “Instead of using separate light sources 11,12, a single light source can be used, e.g. wherein light of different wavelengths for the first and second light beams P1,P2 is selected from a broader bandwidth of the light source and/or wherein light of different wavelengths is created by non-linear processes from a single light source”).
Regarding claim 13, Day et al., as discussed in claim 9, disclose (Fig.2A) the first optical system (8) and the second optical system (9) sharing a spectrometer (spectrograph 13/15),
the first optical system (8) causes the secondary light to be incident on the spectrometer (13, see Fig.2A and [0049], the dichroic mirror 8 directs the scattered light from the focus f1, and the light is collected by lens 6, lens 7, and slit 14 of the spectrometer),
the second optical system (9) causes the standard light (I2) to be incident on a position different from a position where the secondary light (I1) is incident in the spectrometer (13/15)([0045], “the first and second light beams P1,P2 are directed simultaneously into the sample volume 2 and the first and second Raman spectra I1,I2 are measured simultaneously”, and [0048], “Two laser sources 11 and 12, e.g. at λ1=244 nm and λ2=266 nm respectively, are focused onto a flowing solution in a sample volume 2 such that the foci f1,f2 are offset… is imaged onto the spectrograph slit 14, dispersed by the spectrograph optics 14 and imaged onto the CCD array 4”, showing the foci f1,f2 are offset from one another, so their light enters/hits different on slit 14 of the spectrometer), and the spectrometer (13/15) spectrally separates the incident lights, and causes the spectrally separated lights to be incident on the image sensor ([0049], “The spectrometer 15 comprises a spectrally resolving device such as a monochromator 13 arranged to provide spectrally resolved images f1′ and f2′ of the said different locations f1 and f2 onto a first photo detector 4 a and second photo detector 4 b”).
Regarding claim 15, Day et al., as discussed in claim 9, disclose the secondary light including Raman scattered light ([0042], “a first light beam P1 having a first wavelength λ1 into the sample volume 2. The first wavelength λ1 matches an electronic transition of the analyte 1 for generating a resonance Raman signal S1 of the analyte 1”).
Claim Rejections - 35 USC § 103
6. 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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Day et al., in view of Yamada (JP6291817B2).
Regarding claim 11, Day et al., as discussed in claim 9, do not disclose the computer including a storage unit, the storage unit stores a wavelength of the standard light in advance as claimed. Yamada discloses a computer including a storage unit, the storage unit stores a wavelength of the standard light in advance (page 9, line 28, “comparing the obtained Raman spectrum with data held in advance”), and the computer specifies a wavelength of the standard light incident (page 11, “calibrates at least one of the wave number and the scattering intensity (intensity) of the first Raman scattered light LRAM 1 using the second Raman scattered light LRAM 2 having a spectrum peak”), and corrects a wavelength of the secondary light incident on the first region (page 11, “13-14, “calibrates at least one of the wave number and the scattering intensity (intensity) of the first Raman scattered light LRAM 1”), based on a shift between the specified wavelength of the standard light and the wavelength of the standard light stored in advance by the storage unit (page 9, line 1-2, “Calibration using the light L (Rayleigh scattered light) and the second Raman scattering light LRAM 2 described above may be performed in the control unit 130”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Day et al., by utilizing the teaching of Yamada, to provide a real time wavelength axis calibration without mixing the sample and standard light.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Day et al., in view of Ogino (5,422,712).
Regarding claim 14, Day et al., as discussed in claim 13, disclose the standard light before being incident on the spectrometer (Fig.2A), Day et al., do not disclose the ring slit located on a path of the standard light before being incident on the spectrometer as claimed. Ogino discloses an optical system including a ring slit ( circular slit 26, Fig.1) located on a path of the standard light before being incident on the spectrometer (28, col.7, line 12, “the remaining light passes through the circular slit 26, and enters the spectroscopic means 28”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Day et al., by utilizing the teaching of Ogino, to better reduce unwanted light, thereby, improving the signal to noise ratio.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAI THI NGOC TRAN whose telephone number is (571)272- 3456. The examiner can normally be reached Monday-Friday: 9:00-5:30pm.
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/M.T.T./Examiner, Art Unit 2878
/THANH LUU/Primary Examiner, Art Unit 2878
