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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 1, claim recites “converting the reflected light amount value into a relative light amount value that is a gradation value within a predetermined gradation range”.
However, it is not clear with following reasons.
Especially, it is not clear what the applicant tries to mean by “a relative light amount value” and “a gradation value”.
First, the claim is silent of a relative light amount value being relative to what value (or does the applicant tried to use relative without meaning really relative to something?)
Second, a gradation value is not commonly acknowledged value (i.e., it is not standard physical value to be measured), and the value is depending on the applicant’s definition. However, the specification of the instant application is not clearly describing what it means or how it supposed to be measured.
While, prior arts such as Masaki et al. (US 20050206897) uses the term “gradation values”, still it is not clear how the Masaki defined the value and whether Masaki’s gradation values are the same meaning with the applicant’s gradation value.
Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention and it is required to further explain applicant’s definition for the gradation value and/or amend the claim.
Claim 2-9 has been rejected also based upon their dependencies.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112, 2nd paragraph, set forth in this Office action.
As to claim 1, Closest prior art of Kimura (US 20150110674 A1) teaches an analysis apparatus (analysis of coloration region in test substance in a specimen, abstract) that analyzes a test substance sample using an analysis chip having a reaction region in which a reagent reacting with a test target substance is fixed (abstract), the analysis apparatus comprising: a light source that irradiates the reaction region of the analysis chip with light ([0029] and [0076], 120 in FIG. 4); a photodetector (121 in FIG. 4, imaging element) that detects reflected light from the reaction region generated when the reaction region is irradiated with the light ([0076]), and outputs a reflected light amount value corresponding to a light amount of the reflected light (abstract); at least two kinds of optical density plates of a white first optical density plate having first optical density of 0 to 0.5 ([0073]) and a black second optical density plate having second optical density of 1.5 ([0073]); and a processor, wherein the processor (computing part 130 in FIG. 4) is configured to: execute a deriving process of detecting the reflected light ([0011] and abstract), and deriving a concentration of the test target substance based on the optical density ([0099]), in accordance with a predetermined derivation condition, and in the deriving process, selectively apply either a first derivation condition determined by using the first optical density plate or a second derivation condition determined by using the second optical density plate as the derivation condition ([0079], [0089] and[0091]).
Iwaki et al. (CN 100456037 C) teaches use of gray optical density plate as a dummy element.
Masaki et al. (US 20050206897 A1) teaches processor converting absorption coefficient obtained by the calculator into a gradation value ([0011]) and absorption coefficients can be substituted with gradation values within a range of the average value of the absorption coefficient .+-..sigma., and mapped as color gradation in the two-dimensional space ([0057]) for a spectral evaluation of a substrate.
However, none of the prior art alone or in combination disclose or teach of converting the reflected light amount value into a relative light amount value that is a gradation value within a predetermined gradation range, deriving optical density of the reaction region from the relative light amount value along with other limitations in the claim.
Claims 2-9 are indicated as allowable due to their dependencies only.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNGHEE Y GRAY whose telephone number is (571)270-3211. The examiner can normally be reached on T-R, 8:00 am-4:00 pm and F 8 :00 to 2:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached on (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/SUNGHEE Y GRAY/
Primary Examiner, Art Unit 2886
