Prosecution Insights
Last updated: August 16, 2026
Application No. 19/143,528

ANALYSIS DEVICE, ANALYSIS METHOD, AND PROGRAM

Non-Final OA §103
Filed
Jun 26, 2025
Priority
Dec 27, 2022 — JP 2022-210658 +1 more
Examiner
TRIEU, VAN THANH
Art Unit
2685
Tech Center
2600 — Communications
Assignee
Horiba Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
925 granted / 1095 resolved
+22.5% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
34 currently pending
Career history
1128
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
36.1%
-3.9% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1095 resolved cases

Office Action

§103
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 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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ishida et al [US 2019/0310275] in view of Nagura et al [US 2025/0035544] Claim 1. Ishida et al fails to disclose an analysis device for analyzing an analysis target gas by using ultraviolet light. However, Ishida teaches that the ultraviolet light intensity for analyzing reagent sample components “chemically bonded species, in particular”, see abstract, Figs. 1, 2, 9, para [0004, 0011, 0031-0035, 0038-0043, 0045, 0054]). Nagura et al suggests that the gas analysis device 100 includes a light irradiation unit 1, a sample cell 2 into which sample gas is introduced and which causes light from the ultraviolet light irradiation unit 1 to undergo multiple reflections, a light detection unit 3 that detects light emitted from the sample cell 2, and an information processing device 4 that analyzes the measurement target component in the sample gas based on the light intensity signal detected by the light detection unit 3 (see Fig. 1, abstract, para [0047, 0048, 0088]). Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to use or substitute the target gas sample of Nagura et al for the reagent sample of Ishida et al since the reagent components are chemically bonded species, which is including in a particular gas structure such as gaseous fuel, natural gas, gaseous asphyxiant, irritant or poison, etc., which can be analyzed by the ultrasonic light as desire. the analysis device comprising: a measurement cell to which the analysis target gas is introduced (as the combination of target gas between Ishida et al and Nagara et al above, and the measurement cell reads upon the reagent container 1, see Figs. 1, 6-9, para [0069, 0086]); an LED light source cell (the LEDs 6, see Fig. 1, para [0027-0031]) configured to output the ultraviolet light toward the measurement; and a control unit (the control section 11, see Fig. 1, para [0029, 0031]) configured to control the LED light source, wherein the control unit supplies a constant first current to the LED light source, and Ishida et al fails to disclose when intensity of the ultraviolet light output from the LED light source supplied with the first current decreases to a predetermined threshold value or less, the control unit supplies the LED light source with a second current larger than the first current. However, Ishida et al teaches that the control section 11 controls any of a current supplied to the ultraviolet LEDs 6, a voltage, and current-carrying time, or a combination thereof to an appropriate value on the basis of the remaining amount of the reagent of which the control section 11 is notified by the analysis section 5. The control section 11 here controls any of the current, the voltage, and the current-carrying time, or the combination thereof in such a manner that the irradiation light intensity of the ultraviolet light becomes smaller as the remaining amount of the reagent is smaller (see Fig. 1, para [0031]). The illuminance of the generated ultraviolet light becomes higher as a current value or a voltage value is larger. In addition, the illuminance of the generated ultraviolet light becomes higher as the current-carrying time is longer. A length of the current-carrying time is variable depending on a length of a pulse width corresponding to the current-carrying time. As a result of these combined factors, the irradiation light intensity of the ultraviolet light changes. It is noted that the substrate 7 can assume part of or all of functions of the control section 11 (see para [0032]). The control section 11 controls any of the current supplied to the ultraviolet lamp 15 and LEDs 6, the voltage, and the current-carrying time or the combination thereof on the basis of the remaining amount of the reagent. In this case, control section 11 exercises control in such a manner that the irradiation light intensity of the ultraviolet light generated from the ultraviolet lamp 15 or LEDs is equal to or higher than the irradiation light intensity of ultraviolet light per unit amount necessary for sterilization of the reagent and equal to or lower than the irradiation light intensity of ultraviolet light corresponding to the upper limit of the allowable range for change in properties of the reagent (see Figs. 1, 5, 9, para [0064]). Therefore, it would have been obvious to one skill in the art to recognize that the control section 11 controls to change current or voltage between low and high, decreasing and increasing values for adjusting the allowable range of ultraviolet LEDs intensities according to the amount of gas/reagent and for preventing of failure. Wherein the claimed second current is larger the first current reads upon the control section 11 changes the current to a higher value from the current supplied to the ultraviolet LEDs as necessary. Claim 2. (Currently Amended) The analysis device according to claim 1, further comprising an input unit configured to receive a user's predetermined operation, wherein when the predetermined operation is performed on the input unit, the control unit changes the current supplied to the LED light source from the first current to the second current (read upon the control section 11 controls “or input” any of the current supplied the ultraviolet LEDs 6, the voltage, the current-carrying time or the combination thereof in such a manner that the junction temperature of the ultraviolet LEDs 6 measured indirectly through the temperature sensor does not exceed a predetermined value. (see Fig. 3, para [0049]). Claim 3. Ishida et al fails to disclose further comprising an alarm generation unit configured to generate an alarm when the ultraviolet light output from the LED light source becomes a predetermined threshold value or less. However, Ishida et al teaches that the control section 11 is controlling the ultraviolet LEDs 6 but also a signal line for a temperature sensor such as a thermistor and a signal line for notifying the control section 11 of states of the ultraviolet LEDs 6. Furthermore, the automatic analyzer 100 has a display section 12 that notifies a user of execution of appropriate reagent sterilization or detection of an abnormality. It is noted that an interface used to operate or control the automatic analyzer 100, the analysis result, an analyzer state may be displayed on the display section 12. Contents of notification include, for example, whether the appropriate sterilization has been executed and detection of the abnormality such as out of limit of allowable range. See Figs. 1, 5, para [0037, 0064]). Nagura et al suggests that the warning output unit 45 compares the relative value of the light intensity at calibration with respect to the reference light intensity to a predetermined warning threshold value which can be set in advance, and if the relative value of the light intensity at calibration exceeds (or falls below) the threshold value, outputs a warning signal urging maintenance of the gas analysis device 100 to the display D or the like. Here, the warning threshold value is made to be 50%, but it may also be set at a plurality of levels, such as 65% and 50%. As for the content of the warning signal, it may indicate, for example, that maintenance should be performed right away, or that the time to perform maintenance is approaching, etc. (see Figs. 1, 4, para [0065]). Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to substitute the warning display D of Nagura et al for the notification display of Ishida et al for notifying or warning user about maintenance of the analysis device and to prevent out of range abnormal. Claim 4. (Currently Amended) The analysis device according to any one of claims claim 1, further comprising an introducing unit configured to alternately introduce the analysis target gas (as the combination of the target gas between Ishida et al and Nagura et al in respect to claim 1 above) and a reference gas into the measurement cell at a predetermined period (read upon the number of ultraviolet LEDs 6 disposed at the same height position is not limited to four but may be one, two, three, or equal to or greater than five. It is noted that the ultraviolet LEDs 6 are not necessarily disposed equidistantly and it is desirable to adjust an interval in response to a shape of the reagent container 1 attached to the analyzer body (see Fig. 8, para [0079]). Claim 5. (Currently Amended) An analysis method for analyzing an analysis target gas by using ultraviolet light, the method comprising: introducing the analysis target gas into a measurement cell; supplying a constant first current to an LED light source configured to output the ultraviolet light to output the ultraviolet light from the LED light source toward the measurement cell; and supplying the LED light source with a second current larger than the first current, when intensity of the ultraviolet light output from the LED light source supplied with the first current decreases to a predetermined threshold value or less (as the combination of the target gas between Ishida et al and Nagura et al in respect to claim 1 above, see Figs. 1-8). Claim 6. (Currently Amended) A program that causes a computer to perform an analysis method for analyzing an analysis target gas by using ultraviolet light, the analysis method comprising: introducing the analysis target gas into a measurement cell; supplying a constant first current to an LED light source configured to output the ultraviolet light to output the ultraviolet light from the LED light source toward the measurement cell; and supplying the LED light source with a second current larger than the first current, when intensity of the ultraviolet light output from the LED light source supplied with the first current decreases to a predetermined threshold value or less (as the combination of the target gas between Ishida et al and Nagura et al in respect to claim 1 above, see Figs. 1-8). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dosoretz et al discloses the first absorption cell 42 and the second absorption cell 44 are juxtaposed. A single light source 48, such as an ultraviolet lamp, simultaneously illuminates both cells. The intensity of the light passing through each absorption cell 42 and 44 is registered by a first detector 50 associated with the first cell 42 and a second detector 52 associated with the second cell 44. The output of each detector is received by electronics that include a computational device 54 for performing required calculations. [US 5,604,298] Sawyers discloses the systems and methods of the present disclosure are directed to optics used in absorption cell spectrometers. The absorption cell includes a plurality of mirrors arranged in a manner such that a detection light traverses multiple passes through the fluid within the absorption cell. In some implementations, the detection light is reflected by the plurality of mirrors to form optical paths in more than one plane. In some implementations, the orientation of the mirrors are aligned with specific orientations to provide the desired optical path to the detection light. In one or more embodiments, an alignment apparatus can be used to pre-align the mirrors before they are placed within the absorption cell. The alignment apparatus includes an aperture plate and an adjustable mount to mount one or more mirrors. The mirrors are aligned based on reflected images on the aperture plate laser or ultraviolet light incident on the mirrors. [US 2017/0139182] Nieuwstadt et al discloses the device for light-based analysis of a substance in a liquid sample comprises: an analysis cell for holding the liquid sample; wherein the analysis cell comprises a first wall portion for passing light generated by an ultraviolet light source into the analysis cell, and a second wall portion for passing light from the analysis cell to a light detector; and a plunger configured for movement along walls of the analysis cell for allowing entry of the liquid sample into the analysis cell and pushing the liquid sample out of the analysis cell. [US 2022/0299435] Any inquiry concerning this communication or earlier communications from 99number is (571) 2722972. The examiner can normally be reached on Mon-Fri from 8:00 AM to 3:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Wang Quan-Zhen can be reached on (571) 272-3114. Examiner interviews are available via telephone, 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair- direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786- 9199 (IN USA OR CANADA) or 571-272-1000. /VAN T TRIEU/ Primary Examiner, Art Unit 2685 06/16/2026
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Prosecution Timeline

Jun 26, 2025
Application Filed
Jun 18, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
98%
With Interview (+13.8%)
2y 0m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1095 resolved cases by this examiner. Grant probability derived from career allowance rate.

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