US 9651533

US patent 9651533, titled "Short-wave infrared super-continuum lasers for detecting counterfeit or illicit drugs and pharmaceutical process control," was issued to Omni Medsci Inc.

Here is a concise summary of the patent:

• Title: Short-wave infrared super-continuum lasers for detecting counterfeit or illicit drugs and pharmaceutical process control
• Assignee: Omni Medsci Inc
• Inventor: Mohammed N. Islam
• Filing Date: October 6, 2015
• Issue Date: May 16, 2017
• Abstract: The patent describes a non-contact, rapid, non-destructive optical method and system for screening or identifying counterfeit drugs, illicit drugs, or for use in pharmaceutical process control. The system utilizes short-wave infrared (SWIR) or near-infrared spectroscopy, often employing a super-continuum (SC) light source, which offers advantages like broad bandwidth, high power, and spatial coherence for remote sensing or hyper-spectral imaging applications. The system can detect chemical compositions through packaging materials by analyzing overtone or combination absorption bands of organic compounds in the 1-2.5 micron range. Applications extend to food quality control, detection of explosives, and other material identification.

Plain-Language Overview of Independent Claims:

The patent presents several independent claims related to measurement systems and methods, which are described in the definitions section:

1. Measurement System (Claim 1-like): This system uses a light source that generates a broad optical beam, specifically in the short-wave infrared (SWIR) range (1400 nm to 2500 nm). The light source achieves this by starting with semiconductor sources, amplifying the light through optical amplifiers, and then sending it through specialized optical fibers (fused silica with a core diameter less than 400 microns) to a nonlinear element. This nonlinear element broadens the light spectrum by at least 10 nm. A measurement apparatus then directs this SWIR beam to a sample, potentially through its packaging, for non-destructive, non-contact analysis. A receiver processes the resulting spectroscopy output beam to determine the sample's chemical composition.
2. Measurement System (Claim 2-like, alternative embodiment): This system employs a light source comprising multiple semiconductor sources that are multiplexed to create an output optical beam. This beam, containing one or more optical wavelengths, is then delivered to a sample by a measurement apparatus. A receiver, which can be a Fourier Transform Infrared (FTIR) spectrometer or a dispersive spectrometer, processes the spectroscopy output beam generated from the sample. Critically, this system is designed to allow the light to at least partially transmit through the sample's packaging material.
3. Method of Measuring (Claim 3-like): This method involves generating a broad optical beam by combining light from multiple semiconductor sources, multiplexing these beams, and guiding the resulting optical beam. The beam is then directed to a sample that contains an organic compound with absorption bands in the 1 to 2.5 micron range. A spectroscopy output beam, with a bandwidth of at least 10 nm, is generated from the sample using an FTIR or dispersive spectrometer, received, and processed to produce an output signal.
4. Measurement System (Claim 4-like, near-infrared focus): This system generates an output optical beam with a near-infrared wavelength between 700 nm and 2500 nm. Similar to the first system, it uses semiconductor sources, optical amplifiers, and optical fibers (fused silica, core diameter less than 400 microns) leading to a nonlinear element that broadens the spectrum by at least 10 nm. A key feature is a measurement apparatus that delivers a spatially coherent analysis output beam to a sample. A receiver then processes the light reflected or transmitted from the sample, generating an output signal. This system is also designed to integrate with a personal device (like a smartphone) for displaying and transmitting processed data, and a remote device for storing and analyzing historical data.
5. Measurement System (Claim 5-like, LED-based with personal/remote device): This system uses a light source made of multiple Light Emitting Diodes (LEDs) to generate a near-infrared output optical beam (700 nm to 2500 nm). It enhances the signal-to-noise ratio by increasing the intensity and pulse rate of the LEDs. Lenses deliver an analysis beam to a sample, and a receiver processes the reflected or transmitted light. The system is explicitly designed for integration with a personal device (e.g., smartphone) for displaying and wirelessly transmitting data, and a remote device for receiving, processing, and storing that data.
6. Measurement System (Claim 6-like, wearable device embodiment): This claim describes a wearable measurement device for physiological parameters. It incorporates an LED-based light source similar to Claim 5, designed to increase the signal-to-noise ratio. The wearable device also includes lenses to deliver an analysis beam to a sample and a receiver to process the resulting signals. This system further integrates with a personal device for data management and wireless transmission, and a remote device capable of receiving, processing, storing, and maintaining a history of the physiological data over time.

Litigation Status:

As of April 26, 2026, US patent 9651533 is active. The patent family is involved in litigation, including:

• Several US cases filed in district courts: California Northern District Court (4:19-cv-05924), Delaware District Court (1:25-cv-00140), and Texas Eastern District Court (2:18-cv-00134, 2:24-cv-01070).
• Two US cases filed in the Court of Appeals for the Federal Circuit (CAFC): 20-1715 and 21-1229. While these were filed prior to 2026, they represent ongoing or past appellate activity related to the patent family. A search for new 2026 CAFC filings specifically for patent 9651533 did not yield additional distinct cases beyond those already listed in the patent's information.
• Several PTAB cases: IPR2025-01583 (Not Instituted - Procedural), IPR2025-01250 (Pending - Instituted), IPR2019-00913 (Not Instituted - Merits), and IPR2019-00916 (Final Written Decision).

Known litigation involving US patent 9651533 is detailed below, based on the provided Google Patents information. For some cases, specific details such as plaintiff(s), defendant(s), and exact filing dates are not fully enumerated in the initial Google Patents listing, and would require direct access to the linked litigation portals (Unified Patents, Darts-ip, or PACER) for a comprehensive review.

1. PTAB case IPR2025-01583

   • Plaintiff(s)/Petitioner(s): Unified Patents PTAB Data
   • Defendant(s)/Patent Owner(s): Omni Medsci Inc. (Current Assignee of US9651533)
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2025-01583
   • Filing Date: Not explicitly stated in the provided text.
   • Outcome/Current Status: Not Instituted - Procedural

2. First worldwide family litigation filed

   • Plaintiff(s): Not explicitly stated.
   • Defendant(s): Not explicitly stated.
   • Jurisdiction: Not explicitly stated, described as "worldwide family litigation".
   • Case Number: Not explicitly stated.
   • Filing Date: Not explicitly stated.
   • Outcome/Current Status: Litigation (general status).

3. US case filed in California Northern District Court

   • Plaintiff(s): Not explicitly stated.
   • Defendant(s): Not explicitly stated.
   • Jurisdiction: California Northern District Court
   • Case Number: 4:19-cv-05924
   • Filing Date: Not explicitly stated in the provided text.
   • Outcome/Current Status: Litigation (general status).

4. US case filed in Court of Appeals for the Federal Circuit (Case 1)

   • Plaintiff(s): Not explicitly stated.
   • Defendant(s): Not explicitly stated.
   • Jurisdiction: Court of Appeals for the Federal Circuit
   • Case Number: 20-1715
   • Filing Date: Not explicitly stated in the provided text.
   • Outcome/Current Status: Litigation (general status).

5. US case filed in Court of Appeals for the Federal Circuit (Case 2)

   • Plaintiff(s): Not explicitly stated.
   • Defendant(s): Not explicitly stated.
   • Jurisdiction: Court of Appeals for the Federal Circuit
   • Case Number: 21-1229
   • Filing Date: Not explicitly stated in the provided text.
   • Outcome/Current Status: Litigation (general status).

6. US case filed in Delaware District Court

   • Plaintiff(s): Not explicitly stated.
   • Defendant(s): Not explicitly stated.
   • Jurisdiction: Delaware District Court
   • Case Number: 1:25-cv-00140
   • Filing Date: Not explicitly stated in the provided text.
   • Outcome/Current Status: Litigation (general status).

7. US case filed in Texas Eastern District Court (Case 1)

   • Plaintiff(s): Not explicitly stated.
   • Defendant(s): Not explicitly stated.
   • Jurisdiction: Texas Eastern District Court
   • Case Number: 2:18-cv-00134
   • Filing Date: Not explicitly stated in the provided text.
   • Outcome/Current Status: Litigation (general status).

8. US case filed in Texas Eastern District Court (Case 2)

   • Plaintiff(s): Not explicitly stated.
   • Defendant(s): Not explicitly stated.
   • Jurisdiction: Texas Eastern District Court
   • Case Number: 2:24-cv-01070
   • Filing Date: Not explicitly stated in the provided text.
   • Outcome/Current Status: Litigation (general status).

9. PTAB case IPR2025-01250

   • Plaintiff(s)/Petitioner(s): Unified Patents PTAB Data
   • Defendant(s)/Patent Owner(s): Omni Medsci Inc. (Current Assignee of US9651533)
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2025-01250
   • Filing Date: Not explicitly stated in the provided text.
   • Outcome/Current Status: Pending - Instituted

10. PTAB case IPR2019-00913

    • Plaintiff(s)/Petitioner(s): Unified Patents PTAB Data
    • Defendant(s)/Patent Owner(s): Omni Medsci Inc. (Current Assignee of US9651533)
    • Jurisdiction: Patent Trial and Appeal Board (PTAB)
    • Case Number: IPR2019-00913
    • Filing Date: Not explicitly stated in the provided text.
    • Outcome/Current Status: Not Instituted - Merits

11. PTAB case IPR2019-00916

    • Plaintiff(s)/Petitioner(s): Unified Patents PTAB Data
    • Defendant(s)/Patent Owner(s): Omni Medsci Inc. (Current Assignee of US9651533)
    • Jurisdiction: Patent Trial and Appeal Board (PTAB)
    • Case Number: IPR2019-00916
    • Filing Date: Not explicitly stated in the provided text.
    • Outcome/Current Status: Final Written Decision

Proceedings overview

Two AIA trial proceedings have been filed against US Patent 9,651,533. One petition was denied institution, and one is currently in the trial phase. This indicates that the patent has faced some challenge, but its claims have not yet been invalidated in an AIA trial. For a defendant, this means the patent's validity is still actively being tested, and potential invalidation of claims is pending.

IPR2025-01250 — SAMSUNG ELECTRONICS CO., LTD. et al. v. Omni Medsci Inc

• Type: Inter Partes Review
• Filed: 2025-08-05
• Status: Trial Instituted (the PTAB has decided to review the patentability of the challenged claims)
• Judge panel: Undisclosed in public records at this time.
• Petition grounds: A petition for IPR typically challenges claims under 35 U.S.C. §§ 102 and/or 103 based on prior art patents and printed publications. Without the institution decision, specific claims and prior art challenged are not publicly known, but the status "Trial Instituted" confirms that the PTAB found a reasonable likelihood that at least one challenged claim is unpatentable.
• Institution decision: Instituted. The institution decision was issued by the PTAB on May 20, 2026. The PTAB institutes trial when it determines that the petitioner has demonstrated a reasonable likelihood that at least one of the challenged claims is unpatentable.
• Final Written Decision (if issued): Not yet issued. The trial is ongoing.
• Settlement / termination: No settlement or termination has been publicly reported.
• Appeal: Not applicable yet as no Final Written Decision has been issued.
• Defensive value: This proceeding indicates that some claims of US9651533 are currently undergoing a validity challenge at the PTAB. If a defendant is being asserted against, the outcome of this IPR could be highly impactful, potentially invalidating claims relevant to an alleged infringement. Monitoring this proceeding is crucial. The Final Written Decision is due by May 20, 2027, one year from institution.

IPR2025-01583 — WHOOP, Inc. v. Omni Medsci Inc

• Type: Inter Partes Review
• Filed: 2025-09-26
• Status: Discretionary Denial (the PTAB declined to institute a trial)
• Judge panel: Undisclosed in public records at this time.
• Petition grounds: A petition for IPR typically challenges claims under 35 U.S.C. §§ 102 and/or 103 based on prior art patents and printed publications. Specific claims, prior art, and statutory bases are not publicly known without the petition or denial decision.
• Institution decision: Denied. The PTAB issued a discretionary denial on February 20, 2026. A discretionary denial means the Board chose not to institute an IPR trial, often for reasons such as parallel litigation (under Fintiv factors), efficient administration of justice, or insufficient arguments. The specific reasoning for the denial in this case is not publicly available in the provided data.
• Final Written Decision (if issued): Not applicable, as institution was denied.
• Settlement / termination: Not applicable.
• Appeal: No appeal to the Federal Circuit regarding the discretionary denial has been publicly reported.
• Defensive value: The discretionary denial means the claims challenged in this specific IPR petition (IPR2025-01583) were not reviewed on the merits by the PTAB. This particular challenge did not result in any claims being invalidated. However, it doesn't necessarily harden the patent against all future IPRs, as the denial was discretionary and not on the merits of patentability. New grounds or different circumstances could still lead to institution in a different petition.

Strategic summary

As of today, May 24, 2026, the claims of US9651533 are in a dynamic state. No claims have been CANCELED or SUSTAINED by a Final Written Decision in an AIA trial. However, there is one active IPR proceeding, IPR2025-01250, where the PTAB has instituted a trial. This means the patentability of certain claims is under review, and they could potentially be invalidated in the future. The claims involved in IPR2025-01583 were UNTESTED on the merits due to a discretionary denial.

Regarding estoppel, since no Final Written Decision has been issued in any IPR, the statutory estoppel provisions of 35 U.S.C. § 315(e)(2) do not yet apply. For the petitioner in IPR2025-01583 (WHOOP, Inc.), while they are barred from bringing substantially the same petition again, the discretionary denial itself does not create a broad estoppel against other parties or against WHOOP, Inc. raising different grounds or challenges in other venues (like district court litigation). For SAMSUNG ELECTRONICS CO., LTD. et al. (petitioner in IPR2025-01250), estoppel will only apply if a Final Written Decision is issued. The prior-art grounds that are still available depend on what was challenged in each petition.

The presence of two IPR filings indicates that the patent is considered significant enough to warrant validity challenges by at least two different parties. One of the petitioners, Unified Patents, is a known defensive aggregator, which suggests strategic efforts to challenge the patent's validity. This pattern signals that the patent is likely being asserted or is considered a threat in the market, prompting these defensive actions.

Recommended next steps

For a defendant facing assertion of US9651533, it is critical to:

1. Monitor IPR2025-01250: Closely track the progress of IPR2025-01250, as the institution of trial means there is a significant chance that some claims could be found unpatentable. The Final Written Decision is due by May 20, 2027. Reviewing the institution decision document (once publicly available) would reveal which claims were challenged and on what grounds. This information can directly inform your defensive strategy.
2. Review the denial of IPR2025-01583: Obtain and analyze the PTAB's decision for IPR2025-01583 (Discretionary Denial, last modified 2026-02-20) to understand the specific reasons for the denial. This information is crucial, especially if the denial was due to Fintiv factors, as it might highlight ongoing parallel district court litigation that could impact your own defense.
3. Perform your own prior art search: Since no claims have been definitively upheld or invalidated on the merits, a thorough prior art search for invalidity contentions under 35 U.S.C. §§ 102 and 103 is still highly advisable. Any new and strong prior art could potentially form the basis of a new IPR petition if the existing proceedings do not fully address the patent's validity.
4. Evaluate claims cited: Determine which specific claims of US9651533 are being asserted against you. Cross-reference these with the claims challenged in IPR2025-01250 to assess the potential impact of its upcoming FWD on your specific case.

Inventors

• Mohammed N. Islam (likely affiliated with Omni Medsci Inc. at the time of filing, as he assigned the patent to them on the application filing date, and he is noted as a founder of Omni MedSci).

Original assignee

Omni Medsci Inc. was founded in Michigan in October 2010 as part of "the Omni family of companies," which focuses on developing and commercializing optical technology from Dr. Islam. While Omni Sciences Inc., another entity within this family, states it develops and brings to market near-infrared and mid-infrared broadband lasers, it is unclear from the available information whether Omni Medsci Inc. itself shipped a product embodying the claims of US9651533. The company, and its successor Omni Medsci LLC, are actively involved in patent litigation, asserting patents related to medical devices, particularly wearables, including US9651533, against various technology companies. Omni Medsci Inc. is currently operating and actively engaged in patent assertion.

Assignment timeline

• 2015-10-06 (executed) / recorded 2017-02-21 — Reel 042211/0007
  • Conveyance: ASSIGNMENT
  • Assignor: Mohammed N. Islam
  • Assignee: OMNI MEDSCI INC.
  • Correspondent: MICHAEL L. KNAUER, KNAUER IP LAW, PLLC, PO BOX 1581, ANN ARBOR, MI 48106-1581.
  • Context: Original assignment of intellectual property from the inventor to the founding company.
• 2017-02-15 (executed) / recorded 2017-02-21 — Reel 042211/0009
  • Conveyance: ASSIGNMENT
  • Assignor: OMNI MEDSCI INC.
  • Assignee: OMNI MEDSCI LLC
  • Correspondent: MICHAEL L. KNAUER, KNAUER IP LAW, PLLC, PO BOX 1581, ANN ARBOR, MI 48106-1581. This correspondent also appears on the earlier inventor assignment for this patent.
  • Context: Transfer from a corporation to a limited liability company, commonly for internal restructuring or licensing activities.

Timeline diagram

timeline
    title Ownership of US 9651533
    2015 : Filed by Omni Medsci Inc
    2017 : Assigned to Omni Medsci LLC
         : Issued
    2018 : First infringement suit filed

NPE / troll-pattern signals

1. Shell-entity transfer — present. The patent was transferred from OMNI MEDSCI INC. to OMNI MEDSCI LLC (Reel 042211/0009, executed 2017-02-15). The "LLC" suffix, combined with the extensive litigation activity reported for Omni MedSci entities and the lack of clear evidence of product sales for this specific patent, indicates a likely shell entity for licensing or assertion purposes.
2. Known asserter in the chain — present. Although "Omni MedSci" is not on the provided explicit list of known NPEs, Omni MedSci, Inc. and Omni Medsci LLC have been identified as frequent plaintiffs in numerous patent infringement lawsuits across multiple US District Courts and have faced multiple PTAB challenges initiated by Unified Patents. This extensive and sustained litigation activity demonstrates a pattern consistent with a patent asserter.
3. Repeat correspondent across the chain — present. Michael L. Knauer of Knauer IP Law, PLLC is listed as the correspondent on both recorded assignments (Reel 042211/0007 and Reel 042211/0009). This indicates consistent legal representation for the related Omni entities during patent prosecution and assignment recordation.
4. Cascading transfers — not present. There are only two recorded assignments for this specific patent.
5. Pre-litigation transfer — present. The assignment from OMNI MEDSCI INC. to OMNI MEDSCI LLC was executed on 2017-02-15 and recorded on 2017-02-21 (Reel 042211/0009). This occurred more than a year before the "First worldwide family litigation filed" event in 2018, as indicated by Google Patents, and precedes specific infringement suits against companies like Apple, Fossil, OnePlus, Oura Health, and Samsung. The transfer occurred prior to the commencement of assertion.
6. Bankruptcy fire-sale — not present. No evidence from the provided sources indicates that the original assignee or any subsequent assignee filed for bankruptcy.
7. Privateering — unclear. While the inventor, Dr. Islam, is a university professor and founder of multiple companies, and the patents are being asserted against large tech companies, there is no direct evidence from the provided sources to confirm that Omni Medsci is asserting these patents on behalf of a specific operating company competitor.
8. Defensive aggregator (anti-NPE) — not present. The patent chain does not terminate with a known defensive aggregator. Instead, Unified Patents is listed as a petitioner in several PTAB challenges against Omni MedSci's patents.

Verdict

NPE — high confidence

The high confidence NPE verdict is supported by multiple strong signals: the transfer to a shell LLC (Reel 042211/0009) specializing in intellectual property, Omni MedSci's established pattern of aggressive patent assertion against various operating companies, the use of the same correspondent across multiple assignments (Michael L. Knauer on Reel 042211/0007 and Reel 042211/0009), and the pre-litigation transfer of the patent to the asserting entity (Reel 042211/0009) before the initiation of infringement suits.

USPTO Assignment Center search page: https://assignmentcenter.uspto.gov/ (search by patent number 9651533).

I have carefully reviewed the provided text for US Patent 9651533. The comprehensive "References Cited" section, which typically lists patents and other publications considered as prior art, is not explicitly present in the provided Google Patents summary text. While the document mentions "Prior art keywords" and "Prior art date" as metadata, it does not enumerate the specific prior art references with their details.

Without access to the actual "References Cited" list from the patent document itself, I am unable to identify and analyze each patent citation as requested. Therefore, I cannot provide the full citation, publication/filing date, brief description, or specific claims potentially anticipated under 35 U.S.C. § 102 for individual prior art references.

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.

To provide a comprehensive answer, I need to access the official USPTO Patent Center or Public Search tools, which I cannot directly do as an AI. However, I can explain how to find this information using the provided patent text and general knowledge of USPTO procedures.

Based on the information you have provided from Google Patents and general patent law, here's how to address each point:

Patent Term Adjustments (PTA)

Patent Term Adjustment (PTA) is granted to compensate for delays caused by the USPTO during the prosecution of a patent application. The total PTA is added to the 20-year lifespan of the issued U.S. patent. The USPTO calculates PTA at the time of patent issuance, and the details are typically included in the Issue Notification Letter.

To determine the specific PTA for US9651533, one would need to look up the patent's file history in the USPTO's Patent Center. The patent was filed on October 6, 2015, and issued on May 16, 2017. The USPTO's Patent Center will display any calculated adjustment to the term of the patent.

Patent Term Extensions (PTE)

Patent Term Extension (PTE) is available under the Hatch-Waxman Act for patents claiming products (such as human and veterinary pharmaceuticals, food additives, color additives, and medical devices) that require regulatory approval prior to commercial sale. PTE aims to restore a portion of the patent term lost during the regulatory review period. An application for PTE must be submitted within 60 days of the marketing approval of the product.

Given that US9651533 relates to "Short-wave infrared super-continuum lasers for detecting counterfeit or illicit drugs and pharmaceutical process control," and the description includes applications for "non-invasive glucose monitoring," and "measuring the properties of meats" which might involve food safety or medical devices, it is conceivable that a PTE could have been sought if a product covered by the patent received regulatory approval. However, the provided patent information does not explicitly state whether a PTE was applied for or granted. This information would also be found in the patent's file history on the USPTO Patent Center.

Continuation and Divisional Applications

The provided Google Patents information lists several priority applications, which can indicate continuation, divisional, or continuation-in-part applications. A divisional application is filed when an examiner determines that an initial patent application contains more than one invention. Continuation applications are other versions of the invention and are also called children applications.

The "Priority to" dates listed in the Google Patents information are crucial for identifying related applications. For US9651533 (application number US14/875,709), the following priority applications are listed:

• US14/875,709 (filed 2015-10-06) - This is the application number for US9651533 itself.
• US15/594,053 (priority 2017-05-12) -> patent/US10188299B2/en
• US15/686,198 (priority 2017-08-25) -> patent/US9861286B1/en
• US16/015,737 (priority 2018-06-22) -> patent/US10172523B2/en
• US16/241,628 (priority 2019-01-07) -> patent/US10441176B2/en
• US16/506,885 (priority 2019-07-09) -> patent/US10517484B2/en
• US16/540,764 (priority 2019-08-14) -> patent/US10677774B2/en
• US16/597,383 (priority 2019-10-09) -> patent/US10660526B2/en
• US16/669,794 (priority 2019-10-31) -> patent/US10874304B2/en
• US16/722,188 (priority 2019-12-20) -> patent/US10820807B2/en
• US16/880,095 (priority 2020-05-21) -> patent/US10918287B2/en
• US16/895,727 (priority 2020-06-08) -> patent/US10928374B2/en
• US17/078,771 (priority 2020-10-23) -> patent/US11160455B2/en
• US17/135,233 (priority 2020-12-28) -> patent/US11241156B2/en
• US17/181,887 (priority 2021-02-22) -> patent/US11353440B2/en
• US17/514,778 (priority 2021-10-29) -> patent/US11564577B2/en
• US17/666,518 (priority 2022-02-07) -> patent/US11596311B2/en
• US17/832,340 (priority 2022-06-03) -> patent/US11678805B2/en
• US18/103,408 (priority 2023-01-30) -> patent/US11896346B2/en
• US18/118,013 (priority 2023-03-06) -> patent/US12226188B2/en
• US18/211,354 (priority 2023-06-19) -> patent/US11992291B2/en
• US18/386,877 (priority 2023-11-03) -> patent/US12502080B2/en
• US18/438,144 (priority 2024-02-09) -> patent/US12193790B2/en
• US18/646,390 (priority 2024-04-25) -> patent/US12251194B2/en
• US18/794,353 (priority 2024-08-05) -> patent/US12426788B2/en
• US18/802,879 (priority 2024-08-13) -> patent/US12484787B2/en
• US18/891,125 (priority 2024-09-20) -> patent/US20250009232A1/en
• US18/891,970 (priority 2024-09-20) -> patent/US20250009233A1/en
• US18/895,719 (priority 2024-09-25) -> patent/US20250017472A1/en
• US18/899,012 (priority 2024-09-27) -> patent/US12588820B2/en
• US18/927,698 (priority 2024-10-25) -> patent/US12268475B2/en
• US19/031,061 (priority 2025-01-17) -> patent/US20250169698A1/en

These numerous "Priority to" entries indicate a robust patent family with many continuation and/or divisional applications filed after the original filing date of US14/875,709, which matured into US9651533. This strategy is commonly used to broaden patent protection or to pursue claims that were not allowed in earlier applications.

Related Family Members

The related family members are explicitly listed under the "Other versions" and "Priority to" sections of the Google Patents page. "Other versions" shows US20160047787A1, which is the patent application publication for US9651533. The "Priority to" list above details a large number of subsequent applications that claim priority from US14/875,709 or earlier applications in the chain. These subsequent applications are thus direct family members.

Projected Expiration Date

For utility patents filed on or after June 8, 1995, the patent term generally expires 20 years from the earliest filing date of the application, or of an earlier-filed application to which priority is claimed, subject to any patent term adjustments or extensions.

The filing date of US9651533 is October 6, 2015. The earliest priority date listed in the Google Patents summary (under "Priority date") is December 31, 2012. Therefore, the base expiration date would be 20 years from December 31, 2012, which is December 31, 2032.

However, the Google Patents information itself provides an "Anticipated expiration" date of 2033-12-17. This discrepancy suggests that Patent Term Adjustment (PTA) has been applied, adding approximately one year and 17 days to the base patent term. Without access to the official USPTO file wrapper for US9651533, the exact PTA calculation (A, B, or C delays and any applicant delays) cannot be detailed. Therefore, the projected expiration date is December 17, 2033.