Obviousness

The obviousness of US patent 9651533 under 35 U.S.C. § 103 can be analyzed by identifying combinations of prior art elements described within the patent itself and articulating the motivations for a person having ordinary skill in the art (PHOSITA) to combine them. The prior art date for US9651533 is December 31, 2012. A PHOSITA in this field would possess knowledge in optics, laser physics, spectroscopy, analytical chemistry, fiber optics, and semiconductor devices.

The invention as described in US9651533 broadly covers systems and methods for detecting substances using short-wave infrared (SWIR) or near-infrared (NIR) spectroscopy. Key aspects include employing super-continuum (SC) lasers or multiplexed semiconductor sources, for non-destructive, non-contact, and remote measurements, often integrated with personal or remote devices.

I. Super-Continuum (SC) Laser System for Remote SWIR Spectroscopy

Core Concept of Invention: The patent describes a measurement system where a light source generates an output optical beam using semiconductor sources, optical amplifiers, optical fibers, and a nonlinear element to broaden the spectrum into the SWIR range (1400-2500 nm) via nonlinear effects, specifically mentioning a fused silica fiber with a core diameter less than 400 microns. This output is then delivered to a sample for non-destructive, non-contact measurement, and the spectroscopy output is received and processed to identify chemical composition, even through packaging.

Prior Art Elements (as described in US9651533):

• SWIR Spectroscopy for Material Identification: The patent explicitly states that "Spectroscopy using near-infrared or short-wave infrared (SWIR) light may provide such a method" for screening counterfeit pharmaceuticals, detecting illicit drugs, and pharmaceutical process control. It notes that "most pharmaceuticals comprise organic compounds that have overtone or combination absorption bands in this wavelength range (e.g., between approximately 1-2.5 microns)" and "most drug packaging materials are at least partially transparent in the near-infrared or SWIR".
• Spatially Coherent Light for Remote Sensing: The patent highlights that "using a near-infrared or SWIR light source with a spatially coherent beam permits screening at stand-off or remote distances".
• Super-continuum (SC) Generation: The patent acknowledges that "SC lasers were used primarily in laboratory settings since typically large, table-top, mode-locked lasers were used to pump nonlinear media such as optical fibers to generate SC light." Crucially, it further states that "those large pump lasers may now be replaced with diode lasers and fiber amplifiers that gained maturity in the telecommunications industry."
• Fiber Optic Components: The use of "optical amplifiers" (e.g., erbium-doped fiber amplifiers) and "optical fibers" (e.g., fused silica fibers) are described as mature technologies, especially from the telecommunications industry.
• Detection Systems: "a dispersive spectrometer, a Fourier transform infrared spectrometer, or a hyper-spectral imaging detector or camera" are listed as known detection systems for spectroscopy.

Obviousness Argument:
A PHOSITA, seeking to perform remote or stand-off SWIR spectroscopy for material identification (e.g., drugs) and aware of the limitations of incoherent lamp sources (e.g., rapid diffraction, low power, energy inefficiency), would have been motivated to use a spatially coherent, broadband light source. The patent itself provides the motivation by contrasting SC sources with lamps, stating SC sources "combine the broadband attributes of lamps with the spatial coherence and high brightness of lasers."

The combination of the following known elements would have been obvious:

1. Known SWIR spectroscopy for material identification (including through packaging).
2. Known super-continuum generation in optical fibers using a pump laser (previously achieved with large, table-top lasers).
3. Known mature fiber amplifiers and diode lasers from the telecommunications industry.

Motivation for Combination: The patent explicitly teaches that diode lasers and fiber amplifiers could "replace" the large pump lasers for SC generation, indicating a clear motivation to make SC sources more compact, efficient, and practical for non-laboratory applications like remote sensing, thereby overcoming the drawbacks of both incoherent lamps and bulky laboratory SC setups. The selection of specific fiber types and amplifier technologies would be routine optimization for a PHOSITA. The subsequent use of a known spectrometer (dispersive or FTIR) to analyze the reflected/transmitted light would also be a straightforward integration for a PHOSITA.

II. Measurement System Using Multiplexed Semiconductor Light Sources for NIR/SWIR Spectroscopy

Core Concept of Invention: The patent describes a measurement system with a light source comprising a "plurality of semiconductor sources" (such as LEDs or laser diodes) configured to generate an output optical beam with one or more optical wavelengths in the NIR/SWIR range (700-2500 nm). The system may be configured to increase the signal-to-noise ratio (SNR) by increasing light intensity and pulse rate. This light is delivered to a sample, and the spectroscopy output is processed by a receiver (e.g., FTIR or dispersive spectrometer) to identify chemical composition, potentially through packaging.

Prior Art Elements (as described in US9651533):

• SWIR Spectroscopy for Material Identification: As previously established, the general concept and its applications are known.
• LEDs as SWIR Sources: The patent notes LEDs have "higher power level in the SWIR wavelength range" than lamps, are "higher energy efficiency," and their output "may more easily be modulated." It also states that "a wide band light source may be constructed by combining different LEDs that emit in different wavelength bands, some of which could preferably overlap in spectrum".
• Laser Diodes (LDs) as SWIR Sources: The patent describes LDs as having "yet higher in power but yet narrower in wavelength emission than LEDs." It states, "a plurality of LDs may be used that are at different wavelengths in the SWIR," and that "the various LDs may be spatially multiplexed, polarization multiplexed, wavelength multiplexed, or a combination of these multiplexing methods." High-power LDs from diode bar stacks and beam combining techniques are also described.
• Techniques to Increase SNR: The patent explicitly mentions that "one way to improve the signal-to-noise ratio would be to use modulation and lock-in techniques." Increasing light intensity and pulse rate are fundamental and known methods to improve SNR in optical measurements.
• Detection Systems: Dispersive spectrometers and FTIR are known and explicitly mentioned as suitable receivers.

Obviousness Argument:
A PHOSITA, aiming to improve upon lamp-based NIR/SWIR spectroscopy by achieving higher power, efficiency, and broader spectral coverage, would have been motivated to combine multiple semiconductor light sources. The patent itself teaches these individual components and their benefits.

The combination of the following known elements would have been obvious:

1. Known SWIR spectroscopy for material identification (including through packaging).
2. A plurality of semiconductor sources (LEDs or LDs).
3. Known multiplexing techniques (for LDs) or simple combination (for LEDs) to achieve desired spectral coverage in the SWIR.
4. Known techniques to increase SNR, such as increasing intensity and pulse rate.

Motivation for Combination: The motivation would be to leverage the higher power and efficiency of semiconductor sources compared to lamps, and to achieve broader spectral coverage than a single narrow-band semiconductor source by combining multiple sources. Simultaneously, using known SNR enhancement techniques like increased intensity and pulsed operation would improve the quality of the measurement. The use of known lenses for beam delivery and known spectrometers for detection would be routine.

III. Integration of Spectroscopy Systems with Personal/Remote Devices and Wearable Designs

Core Concept of Invention: The patent describes systems that integrate the spectroscopy measurement device with a personal device (e.g., smartphone) for display and wireless transmission, and a remote device (cloud) for further processing and storage. Wearable device embodiments are also contemplated.

Prior Art Elements (as described in US9651533):

• Spectroscopy for Material Identification: As established, this is a known technique for various materials.
• Signal Processing: Techniques like "second derivative equivalent," "partial least square algorithms, multivariate data analysis, principal component analysis, or chemometric software" are mentioned as known for analyzing spectral data to identify material composition.
• Wireless Communication and Remote Monitoring: The patent itself describes providing "value-add services" by "wirelessly communicating the monitored data to a handheld device such as a smart phone, and then wirelessly communicating the processed data to the cloud for storing, processing, and transmitting to several locations." Furthermore, FIG. 24 "schematically shows a medical measurement device as part of a personal or body area network that communicates with another device (e.g., smart phone or tablet) that communicates with the cloud."
• Miniaturization and Portability: The patent indicates that if the light source and detection system are "compact and lightweight, they might even be carried by a person in the field, either in their hands or in a backpack." The general trend towards miniaturization and portable devices for various applications was well-known.

Obviousness Argument:
A PHOSITA, recognizing the widespread adoption of smartphones and cloud computing for data management and remote monitoring in numerous fields, particularly healthcare, would have been motivated to integrate analytical measurement devices with such communication and processing platforms. The patent's own description of this integration as providing "value-add services" strongly suggests its obviousness as a desirable implementation.

The combination of the following known elements would have been obvious:

1. Any of the aforementioned spectroscopy measurement systems (SC-based or multiplexed semiconductor-based).
2. Known wireless communication technologies.
3. Known personal computing devices (smartphones, tablets) for local data display/processing.
4. Known cloud computing platforms for remote storage, processing, and analysis.

Motivation for Combination: The motivation is to enhance the utility, accessibility, and data management capabilities of the measurement system, aligning with prevalent technological trends in data connectivity and remote monitoring. The development of a "wearable measurement device" based on a compact version of these systems would also be an obvious design choice for a PHOSITA given the desire for mobility, hands-free operation, and continuous monitoring in applications like medical diagnostics.

Conclusion

Based on the detailed background and definitions provided within US9651533, a PHOSITA would have found the claimed inventions obvious. The patent itself describes the individual components and general concepts (e.g., SWIR spectroscopy, SC generation, semiconductor light sources, wireless data communication, portable devices) as known or mature, and clearly articulates the problems with existing approaches (e.g., incoherent lamps, bulky SC systems) that the claimed combinations aim to solve. The motivation for combining these known elements stems from a clear desire to improve performance (e.g., spatial coherence, power, SNR), practicality (e.g., compactness, efficiency), and connectivity (e.g., remote data access and processing) for established spectroscopic applications.