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 .
Response to Amendment
The Amendment filed on 7/01/2026 has been entered. The Applicant amended claims 1, 32 and 39. Claims 1-2, 4-6, 8, 10, 13-16, 21-22, 32, 37-39 and 46-48 are pending.
Claim Objections
Applicant amended claim 1 to overcome the objection. The objection has been withdrawn.
Response to Arguments
Applicants’ arguments filed on 7/01/2026 with respect to the rejection of amended claims 1, 32 and 39 have been fully considered. Applicants argue “Harada addresses a different problem. Harada recognizes that fixing a liquid pouring tube directly to the immersion objective interferes with objective exchange and can cause the pouring position to shift. Harada therefore relocates a pouring tube to the stage so that the pouring tube moves with the stage and remains aligned with the immersion objective during automatic positioning”, [page 9]. The Examiner respectfully disagrees. With respect to Harada addresses a different problem, Harada uses the same technique as the instant application claims “an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, the applicator disposed on the first side of the sample stage, wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage”, [see the rejection below]. Under patent law (such as MPEP § 2112.01; when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent; Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977), a new intended use or function ascribed to a known structural device does not impart patentable weight or create novelty if the physical structure is already present in the prior art.
The Applicant argues “Applicant's amendments do not merely relocate the nozzle to the stage. Rather, the amendments define a fundamentally different integrated stage-mounted immersion media applicator assembly, including an integrated fluid delivery path incorporated into the moving sample stage”, “Harada discloses only a liquid pouring tube fixed to the stage. Although Harada teaches that the pouring tube may move together with the stage, Harada does not disclose an immersion media applicator assembly including a fluid hose incorporated into the stage,” [page 10]. The Examiner respectfully disagrees. The claim as recited “an applicator comprising an immersion media nozzle .. coupled to an immersion media reservoir”. The phrase “Applicator assembly” is not recited in the rejected claim language. The elements included in the Applicator assembly are not structurally defined. It is noted that the feature upon which applicant relies (i.e., applicator assembly) is not recited in the rejected claim(s). It is not clear what is included in the applicator assembly. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The Applicant further argues “The specification-as-filed, by contrast, repeatedly describes an applicator assembly in which the immersion media hose is incorporated into the sample stage, routed through a channel defined by the sample stage, and configured so that stage translation occurs while protecting the hose from disruption or entanglement. These structural relationships are part of the disclosed engineering solution and are now expressly recited in amended claim 1”, [page 10]. The Examiners response is the Applicator assembly is not termed in the specification of the instant application. Harada disclosed the similar structure as it claimed, see Figs. 3-5. “a liquid pouring means, which is equivalent to applicator, constructed to be relatively movable with respect to the immersion objective lens, pouring a liquid on a top lens surface of the immersion objective lens from the upper side of the immersion objective lens [0008]; the position control means is further constructed so that the stage can be moved by a desired amount in a vertical direction. [0016],The stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens [0125], therefore the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. [MPEP § 2112.01].
The Applicant argues “The obviousness inquiry requires more than identifying individual claim elements in separate references. Rather, there must be some articulated reasoning that would have prompted a person of ordinary skill in the art to modify the primary reference in the particular manner claimed. Here, the Examiner provides no explanation why one of ordinary skill would have discarded Liebel's defining objective-mounted delivery architecture, adopted Harada's fundamentally different stage-mounted delivery philosophy”, [page 12]. The Examiners response is: Examiner has met all requirements establishing a prima facie case: all factual findings required by Graham were supplied in the previous and present Actions; the references are related art, and Applicant has supplied no evidence that there is no reasonable expectation of success; all claim limitations were met in the previous and present Actions, and Applicant has merely made the allegation that the limitations are not met, and thus has not provided any evidence or argument directed to how the identified elements in the first action fail to meet the claimed limitations or to how the identified elements are otherwise distinguishable from the claimed limitations. Neither has Applicant supplied any evidence or argument addressing any failure of Examiner's application of the TSM test, pursuant to current governing law (see KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007)). Independent claims 32 and 39 are substantially similar to claim 1.
With respect to argument that Such reconstruction is precisely the type of “Impermissible Hindsight”, in page 12 of the remarks, the Examiners response is: "[a]ny judgment on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper." In re McLaughlin, 443 F.2d 1392, 1395, 170 USPQ 209, 212 (CCPA 1971). Applicants may also argue that the combination of two or more references is "hindsight" because "express" motivation to combine the references is lacking. However, there is no requirement that an "express, written motivation to combine must appear in prior art references before a finding of obviousness." See Ruiz v. A.B. Chance Co., 357 F.3d 1270, 1276, 69 USPQ2d 1686, 1690 (Fed. Cir. 2004). See MPEP § 2141 and § 2143 regarding establishment of a prima facie case of obviousness.
The arguments with respect to amended independent claims 1, 32 and 39 have been considered but are moot because the claims are similar to claim 1 and the arguments refer to the argument of claim 1. Dependent claim 4 is rejected further in view of De Smit et al. Dependent claim 13 is rejected further in view of Hattori et al., and Dependent claims 15, 16 and 21 are rejected further in view of Brueck et al.
The Applicant amended independent claim 1, 32 and 39, a new ground of rejection necessitated by the amendments
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 5-6, 8, 10, 14, 22, 32, 37-39 and 46-48 are rejected under 35 U.S.C. 103 as being unpatentable over Liebel et al. (US 2010/0027109, of record) in view of Harada et al. (US 2008/0170292, of record).
Regarding claim 1, Liebel teaches an imaging system configured for automatic application and/or removal of immersion media (refer to US 2020/0027109, “ensure that an immersion film is automatically and reliably constituted between the lens of a microscope objective and a sample slide, [0024]), comprising:
a sample stage (specimen slide 1, Fig. 1, [0093]; specimen slide stage, [0149]);
an assembly disposed on a first side of the sample stage (Automated microscopes are also used to acquire images of sample, [0010], Immersion objectives of the species have been known for a long time from practical use. The idea underlying such objectives is that image quality in terms of light intensity and resolution can be utilized, [0003]; Fig. 1 shows objective body of the assembly disposed on a first side of the sample stage) and comprising an immersion objective (FIG. 1 shows a first exemplifying embodiment of an immersion objective, [0093]; Lenses 2, 3 are arranged inside an objective body 4, [0094], device 6 serves to deliver immersion liquid 7 into the region between specimen slide 1 and outer lens 3, [0096]) configured to selectively align with an optical axis of the imaging system (moving one of the stage and the immersion objective lens in a preset direction through the position control means to make positional adjustment so that a desired observation object mounted at the observation position on the stage is located on the optical axis of the immersion objective lens, .. the desired observation object mounted at the observation position on the stage into alignment with the observation object, (0036-0037), FIG. 3 is a schematic plan view of an objective turret having two inserted immersion objectives, [0069], Functional unit 19 can likewise encompass an electronic system for applying control to small pumps that serve to convey the immersion liquid, [0106], Fig. 4; two freely selectable objectives, [0110]; a particular control interface is provided for user inputs, for selecting an objective, an automatic adjustment is accomplished by way of immersion liquid, regularly upon an objective change, [0114]; Fig. 1 shows objective axis and the stage, align with an optical axis of the imaging system is implicit for imaging with the objective lens; enable a changeover in the context of automatically operated immersion objectives 18, [0129]); and
an applicator (delivery device 6, serves to deliver immersion liquid 7 into the region between specimen slide 1 and outer lens 3, [0096]) comprising an immersion media nozzle (passage of 6 to deliver immersion liquid 7, Figs. 1, 2, 6a, 7) fluidically coupled to an immersion media reservoir by an immersion media hose (connector 10, embodied in cap 8, which is embodied concretely as a connector fitting for connection of a hose. It serves to deliver and remove immersion liquid 7, [0097], These are connected via a line, in particular via a hose, [0038]; Fig. 6a shows reservoir 21 for immersion liquid 7, connector 10, embodied in cap 8, connector fitting for connection of a hose, [0097]), the applicator disposed on the first side of the sample stage (Fig. 1 shows, delivery system 6 is in the first side of the sample stage) positioned to selectively interact with a lens surface of the immersion objective to deposit or remove immersion media (delivery device 6 serves to deliver immersion liquid 7 into the region between specimen slide 1 and outer lens 3, [0093]; delivery device 6 encompasses at least one connector 10, It serves to deliver and remove immersion liquid 7, [0097]; At least one micropump serves for the conveyance of at least one type of immersion liquid. Microvalves serve for individual selection of an objective that is to be supplied with immersion liquid, [0108]), the stage moveable in the X-Y direction (stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens 2, [0125]).
Liebel doesn’t explicitly teach an imaging assembly, an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage.
Liabel and Harada et al. are related because both teaches immersion microscope.
Harada teaches an imaging assembly (forming an image of the observation object, [0038]), an immersion media nozzle, (top portion 8d' and the liquid pouring tube 8d, Fig. 5), fluidically coupled to an immersion media reservoir by an immersion media hose (Fig. 5 shows an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, 8d provided as a liquid pouring section in the liquid pouring means 8, [0073]; Fig. 7 shows 8d fluidically coupled to an immersion media reservoir 8a, liquid contained in the receptacle 8a, [0071]), wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly (the liquid pouring tube 8d is fixed to the stage 1 in a state where the liquid pouring tube 8d passes through the inside of a part spaced away from the observation position on the stage 1 and the top portion 8d' extends perpendicular to the lower surface of the stage 1, the top portion 8d' of the liquid pouring tube 8d is relatively movable with respect to the immersion objective lens 2, and the liquid can be poured on the top lens surface 2a of the immersion objective lens 2 from the upper side of the immersion objective lens 2 at a distance from the observation position on the stage 1, [0079], The observation apparatus has a liquid pouring device, constructed to be relatively movable with respect to the immersion objective lens, [abstract]; the position control means is further constructed so that the stage can be moved by a desired amount in a vertical direction. [0016]; The stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens [0125]; Figs. 2-3; arrows on Figs. 2-3 shows nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly), and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage, (at least Figs. 2, 3 and 5 show immersion media hose, 8d’ 8d, is incorporated into the sample stage 1 within a channel defined by the sample stage, see Figs. 3, 5, and configured to accommodate the X-Y movement of the sample stage, see arrow on Figs. 3 and 5; see at least [0079], [0085], [0104], [0120], [0125]; Figs. 3-5; also see: a liquid pouring means, constructed to be relatively movable with respect to the immersion objective lens, pouring a liquid on a top lens surface of the immersion objective lens from the upper side of the immersion objective lens [0008]; observation apparatus provided with the immersion objective lens of the present invention, it is desirable that the liquid pouring means is constructed so that the liquid pouring section is movable together with the stage. [0011]; the stage can be moved by a desired amount in a horizontal direction. [0013]; the position control means is constructed so that the liquid pouring section of the liquid pouring means can be moved by a desired amount in a horizontal direction. [0014]; The stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens [0125], [0120]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the microscope of Liebel to design an imaging assembly, an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage, as taught by Harada for the predictable advantage of a liquid pouring means constructed fixed to the stage and relatively movable with respect to the immersion objective lens, pouring a liquid directly on a top of the lens surface of the immersion objective from the upper side of the immersion objective lens at a distance from the observation position on the stage; [0008], and the stage can be moved along with the liquid pouring section by a desired amount in a vertical direction [0014-0017] and the a position control means automatically adjusting relative positions of a liquid pouring position of the liquid pouring means, as Harada teaches in summary of invention, [0008, 0014-17].
Regarding claim 2, the modified Liebel teaches the imaging according to claim 1 (see above), wherein the applicator comprises an immersion media nozzle configured to dispense immersion media without bubbles (Figs. 14a to 14c are schematic views of the execution of a method for reducing bubble formation, [0089]; an automatic adjustment is accomplished by way of immersion liquid, regularly upon an objective change. Provision is also made for special movements, in particular circular movements, between the microscope stage and objective in order to reduce bubble formation in the immersion liquid, [0114]; reliably prevent the formation inside immersion liquid 7 of air bubbles, .. air bubbles readily form in immersion liquid 7 as it flows out, the objective or objective body 4 can be moved … movement is to exert pressure on the air bubbles contained in the immersion liquid, so they can outgas, [0147]; delivery device 6 encompasses at least one connector 10, ... It serves to deliver and remove immersion liquid 7, [0097]).
Regarding claim 5, the modified Liebel teaches the imaging according to claim 2 (see above), wherein the applicator comprises a liquid sensor for detecting a presence of immersion media at the immersion media nozzle, the liquid sensor comprising a resistance sensor or a capacitance sensor (Fig. 8b, a sensor 24 is provided which should be arranged as close as possible to outer lens 3, [0125]; a sensor 24 is once again provided; this can be embodied as a photodetector, a capacitive sensor, or a conductivity sensor, [0139]).
Regarding claim 6, the modified Liebel teaches the imaging according to claim 5 (see above), wherein the liquid sensor comprises an optical sensor or a multimeter for measuring resistance at the nozzle (Sensor 24 is preferably embodied as a photocell, which exploits a phenomenon according to which the reflection of light at a glass surface is reduced when the glass surface (i.e. specimen slide 1) is properly wetted with immersion liquid 7, [0126]).
Regarding claim 8, the modified Liebel teaches the imaging according to claim 1 (see above), further comprising a hose joining the applicator to an immersion media reservoir and a pump associated with the hose and configured to dispense immersion media from the immersion media reservoir and through the applicator (Fig. 8b, orifices 23 that carry immersion liquid 7 into the region around outer lens 3 from the reservoir 21; At least one micropump serves for the conveyance of at least one type of immersion liquid. Microvalves serve for individual selection of an objective that is to be supplied with immersion liquid, [0108], in particular via a hose [0038]). Harada also teaches hose, liquid pouring tube 8d, joining the applicator, top portion 8d' of the liquid pouring tube 8d, to an immersion media reservoir, receptacle 8a, and a pump associated with the hose, and configured to dispense immersion media from the immersion media reservoir and through the applicator, a pump 8b feeding the liquid admitted to the receptacle 8a in a direction in which the liquid is poured, [0069]).
Regarding claim 10, the modified Liebel teaches the imaging according to claim 8 (see above), wherein the pump is configured to dispense a desired volume of immersion media based on an operating time and/or a number of operating cycles ( operation of the immersion objective, in accordance with the volume provided therein, [0021]; immersion medium is being continuously supplied, it is possible to minimize the size of the space formed between the cap and between the inner wall of the cap and the outer wall of the objective body, so that the space required for the immersion objective is as small as possible. The volume formed under the cap can therefore be minimized, since a continuous supply of immersion liquid to the cap takes place, namely via the connector. A constant overpressure can correspondingly build up under the cap, causing the immersion medium to be discharged through the gap, [0027]).
Regarding claim 14, the modified Liebel teaches the imaging according to claim 1 (see above), wherein the imaging system comprises an inverted microscope with the imaging assembly being positioned below the sample stage and the first side of the sample stage being a bottom of the sample stage such that the applicator is disposed on the bottom of the sample stage directionally toward the immersion objective (see Figs. 1, microscopes are used to acquire images of samples, [0010]; Fig. 1 show imaging lens below the sample,).
Regarding claim 22, the modified Liebel teaches the imaging according to claim 1 (see above), wherein the applicator comprises a suction device configured to remove immersion media from the lens surface of the immersion objective (When suction occurs, or a negative pressure is applied, through connector fitting 10, the immersion liquid is drawn back toward the reservoir, … in controlled and defined fashion, immersion liquid can be conveyed into the region of outer lens 3 by pressure, or removed or drawn back from that region by negative pressure. [0119]).
Regarding claim 32, Liebel teaches a method for automatically applying immersion media to an immersion objective (refer to US 2020/0027109), comprising: providing an imaging system (immersion objective for microscopic investigation, [abstract]; microscopes are also used to acquire images of samples, [0010]; Figs. 1 and 3 shows immersion objective and objective turret having two inserted immersion objectives, [0067]; [0069]); that includes a sample stage (specimen slide 1, Fig. 1, [0093]; specimen slide stage, [0149]), an assembly disposed on a first side of the sample stage (Fig. 1 shows objective body of the assembly disposed on a first side of the sample stage) and comprising an immersion objective configured to selectively align with an optical axis of the system (FIG. 3 is a schematic plan view of an objective turret having two inserted immersion objectives, [0069], two freely selectable objectives, [0110]; a particular control interface is provided for user inputs, for selecting an objective, … an automatic adjustment is accomplished by way of immersion liquid, regularly upon an objective change, [0114]; Fig. 1shows objective axis and the stage, align with an optical axis of the imaging system is implicit for imaging with the objective lens; enable a changeover in the context of automatically operated immersion objectives 18, [0129]), and
an applicator (delivery device 6, serves to deliver immersion liquid 7 into the region between specimen slide 1 and outer lens 3, [0096]) comprising an immersion media nozzle (passage of 6 to deliver immersion liquid 7, Figs. 1, 2, 6a, 7) fluidically coupled to an immersion media reservoir by an immersion media hose (connector 10, embodied in cap 8, which is embodied concretely as a connector fitting for connection of a hose. It serves to deliver and remove immersion liquid 7, [0097], These are connected via a line, in particular via a hose, [0038]; Fig. 6a shows reservoir 21 for immersion liquid 7, connector 10, embodied in cap 8, connector fitting for connection of a hose, [0097]), the applicator disposed on the first side of the sample stage (Fig. 1 shows, delivery system 6 is in the first side of the sample stage), mounted to the sample stage such that the applicator translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, (stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens 2, [0125]) and positioned to selectively interact with a lens surface of the immersion objective to deposit or remove immersion media (delivery device 6 serves to deliver immersion liquid 7 into the region between specimen slide 1 and outer lens 3, [0093]; delivery device 6 encompasses at least one connector 10, ... It serves to deliver and remove immersion liquid 7, [0097]), positioning the sample stage (specimen slide 1, Fig. 1, [0093]; specimen slide stage, [0149]) relative to the immersion objective (objective body 4, [fig. 1]) such that the applicator (delivery device 6, [0096]) is adjacent to the lens surface of the immersion objective (4); and dispensing immersion media from the applicator onto the lens surface of the immersion objective (delivery device 6 serves to deliver immersion liquid 7 into the region between specimen slide 1 and outer lens 3, [0093]; delivery device 6 encompasses at least one connector 10, ... It serves to deliver and remove immersion liquid 7, [0097]; At least one micropump serves for the conveyance of at least one type of immersion liquid. Microvalves serve for individual selection of an objective that is to be supplied with immersion liquid, [0108]).
Liebel doesn’t explicitly teach an imaging assembly, an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage.
Liabel and Harada et al. are related because both teaches immersion microscope.
Harada teaches an imaging assembly (forming an image of the observation object, [0038]), an immersion media nozzle, (top portion 8d' and the liquid pouring tube 8d, Fig. 5), fluidically coupled to an immersion media reservoir by an immersion media hose (Fig. 5 shows an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, 8d provided as a liquid pouring section in the liquid pouring means 8, [0073]; Fig. 7 shows 8d fluidically coupled to an immersion media reservoir 8a, liquid contained in the receptacle 8a, [0071]), wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly (the liquid pouring tube 8d is fixed to the stage 1 in a state where the liquid pouring tube 8d passes through the inside of a part spaced away from the observation position on the stage 1 and the top portion 8d' extends perpendicular to the lower surface of the stage 1, the top portion 8d' of the liquid pouring tube 8d is relatively movable with respect to the immersion objective lens 2, and the liquid can be poured on the top lens surface 2a of the immersion objective lens 2 from the upper side of the immersion objective lens 2 at a distance from the observation position on the stage 1, [0079], The observation apparatus has a liquid pouring device, constructed to be relatively movable with respect to the immersion objective lens, [abstract]; The stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens [0125]; Figs. 2-3; arrows on Figs. 2-3 shows nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly;), and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage, (at least Figs. 2, 3 and 5 show immersion media hose, 8d’ 8d, is incorporated into the sample stage 1 within a channel defined by the sample stage, see Figs. 3, 5, and configured to accommodate the X-Y movement of the sample stage, see arrow on Figs. 3 and 5; see at least [0079], [0085], [0104], [0120], [0125]; Figs. 3-5; also see: a liquid pouring means, constructed to be relatively movable with respect to the immersion objective lens, pouring a liquid on a top lens surface of the immersion objective lens from the upper side of the immersion objective lens [0008]; observation apparatus provided with the immersion objective lens of the present invention, it is desirable that the liquid pouring means is constructed so that the liquid pouring section is movable together with the stage. [0011]; the stage can be moved by a desired amount in a horizontal direction. [0013]; the position control means is constructed so that the liquid pouring section of the liquid pouring means can be moved by a desired amount in a horizontal direction. [0014]; The stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens [0125], [0120]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the microscope of Liebel to design an imaging assembly, an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage, as taught by Harada for the predictable advantage of a liquid pouring means constructed fixed to the stage and relatively movable with respect to the immersion objective lens, pouring a liquid directly on a top of the lens surface of the immersion objective from the upper side of the immersion objective lens at a distance from the observation position on the stage; [0008], and the stage can be moved along with the liquid pouring section by a desired amount in a vertical direction [0014-0017] and the a position control means automatically adjusting relative positions of a liquid pouring position of the liquid pouring means, as Harada teaches in summary of invention, [0008, 0014-17].
Regarding claim 37, the modified Liebel teaches the method according to claim 32 (see above), further comprising the sample stage to a viewing position dispensing the immersion media from the applicator onto the lens surface (objective is movable at an adjustable speed with respect to at least one the specimen and a specimen slide depending on delivery and presence of the immersion liquid, [claim 118]; adjusting the delivery of additional immersion liquid based on the detected condition of the immersion film, [claim 130]). Harada teaches returning the sample stage to a viewing position after dispensing the immersion media from the applicator onto the lens surface (liquid pouring tube 8d through which the liquid to be poured passes, [0069]; it is desirable that the position control means is constructed so that the stage can be moved by a desired amount in a horizontal direction, [0013]; Figs. 3 and 4 shows first immersion media is applied and after dispensing the immersion media from the applicator onto the lens surface the sample stage is moved). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the microscope of Liebel to design returning the sample stage to a viewing position after dispensing the immersion media from the applicator onto the lens surface, as taught by Harada for the predictable advantage of a position control means automatically adjusting relative positions of a liquid pouring position of the liquid pouring means and the immersion objective lens and automatically adjusting relative positions of the immersion objective lens on which the liquid is poured by the liquid pouring means and a desired observation position on the stage, as Harada teaches in summary of invention, [0008].
Regarding claim 38, the modified Liebel teaches the method according to claim 37 (see above), Harada teaches further comprising positioning the sample stage relative to the immersion objective such that the applicator is adjacent to the lens surface of the immersion objective; and removing immersion media from the lens surface of the immersion objective via the applicator (see Figs. 3 and 4).
Regarding claim 39, Liebel teaches a kit for automatedly dispensing immersion media (refer to US 2020/0027109; to ensure that an immersion film is automatically and reliably constituted between the lens of a microscope objective and a sample slide, [0024]), comprising: an immersion media reservoir (FIG. 1 shows objective body 4, a cap 8 has a connecting region 11, forming in itself an annular channel 12 that serves for the delivery of and as a reservoir for immersion liquid 7, [0098]) configured to hold a volume of immersion media (see Fig. 1; reservoir 21 for immersion liquid 7, [0105]; reservoir 21 holds immersion liquid 7); (top portion 8d' and the liquid pouring tube 8d, Fig. 5), fluidically coupled to an immersion media reservoir by an immersion media hose (Fig. 5 shows an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, 8d provided as a liquid pouring section in the liquid pouring means 8, [0073]; Fig. 7 shows 8d fluidically coupled to an immersion media reservoir 8a, liquid contained in the receptacle 8a, [0071]),
wherein the immersion media nozzle (top portion 8d' and the liquid pouring tube 8d, Fig. 5) comprises a stage-mounting structure configured to mount the immersion media nozzle to a sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to an imaging assembly that includes an immersion objective, (the liquid pouring tube 8d is fixed to the stage 1 in a state where the liquid pouring tube 8d passes through the inside of a part spaced away from the observation position on the stage 1 and the top portion 8d' extends perpendicular to the lower surface of the stage 1, the top portion 8d' of the liquid pouring tube 8d is relatively movable with respect to the immersion objective lens 2, and the liquid can be poured on the top lens surface 2a of the immersion objective lens 2 from the upper side of the immersion objective lens 2 at a distance from the observation position on the stage 1, [0079], The observation apparatus has a liquid pouring device, constructed to be relatively movable with respect to the immersion objective lens, [abstract]; Figs. 2-3; arrows on Figs. 2-3 shows nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly), wherein the immersion media hose is configured to be incorporated into the sample stage within a channel defined by the sample stage and to accommodate the X-Y movement of the sample stage (at least Figs. 2, 3 and 5 show immersion media hose, 8d’ 8d, is incorporated into the sample stage 1 within a channel defined by the sample stage, see Figs. 3, 5, and configured to accommodate the X-Y movement of the sample stage, see arrow on Figs. 3 and 5; see at least [0079], [0085], [0104], [0120], [0125]; Figs. 3-5; also see: a liquid pouring means, constructed to be relatively movable with respect to the immersion objective lens, pouring a liquid on a top lens surface of the immersion objective lens from the upper side of the immersion objective lens [0008]; observation apparatus provided with the immersion objective lens of the present invention, it is desirable that the liquid pouring means is constructed so that the liquid pouring section is movable together with the stage. [0011]; the stage can be moved by a desired amount in a horizontal direction. [0013]; the position control means is constructed so that the liquid pouring section of the liquid pouring means can be moved by a desired amount in a horizontal direction. [0014]; The stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens [0125], [0120]), and a micropump operable to move immersion media from the immersion media reservoir, through the immersion media hose (connected via a line, in particular via a hose, [0038-0039], When the applicator positioned to flow immersion liquid towards the lens surface, the applicator interacts with the lens surface to deposit the immersion media, and when the applicator flows air to the lens surface, the applicator interacts with the lens surface to remove the immersion media, At least one micropump serves for the conveyance of at least one type of immersion liquid. Microvalves serve for individual selection of an objective that is to be supplied with immersion liquid, [0108]; immersion liquid 7 is conveyed into annular channel 12 via connector 10, with the result that immersion liquid 7 is conveyed toward annular gap 9. Annular gap 9 extends concentrically around outer lens 3, [0118]).
Liebel doesn’t explicitly teach an imaging assembly, an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage.
Liabel and Harada et al. are related because both teaches immersion microscope.
Harada teaches an imaging assembly (forming an image of the observation object, [0038]), an immersion media nozzle, (top portion 8d' and the liquid pouring tube 8d, Fig. 5), fluidically coupled to an immersion media reservoir by an immersion media hose (Fig. 5 shows an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, 8d provided as a liquid pouring section in the liquid pouring means 8, [0073]; Fig. 7 shows 8d fluidically coupled to an immersion media reservoir 8a, liquid contained in the receptacle 8a, [0071]), wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly (the liquid pouring tube 8d is fixed to the stage 1 in a state where the liquid pouring tube 8d passes through the inside of a part spaced away from the observation position on the stage 1 and the top portion 8d' extends perpendicular to the lower surface of the stage 1, the top portion 8d' of the liquid pouring tube 8d is relatively movable with respect to the immersion objective lens 2, and the liquid can be poured on the top lens surface 2a of the immersion objective lens 2 from the upper side of the immersion objective lens 2 at a distance from the observation position on the stage 1, [0079], The observation apparatus has a liquid pouring device, constructed to be relatively movable with respect to the immersion objective lens, [abstract]; The stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens [0125]; Figs. 2-3; arrows on Figs. 2-3 shows nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly), and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage, (at least Figs. 2, 3 and 5 show immersion media hose, 8d’ 8d, is incorporated into the sample stage 1 within a channel defined by the sample stage, see Figs. 3, 5, and configured to accommodate the X-Y movement of the sample stage, see arrow on Figs. 3 and 5; see at least [0079], [0085], [0104], [0120], [0125]; Figs. 3-5; also see: a liquid pouring means, constructed to be relatively movable with respect to the immersion objective lens, pouring a liquid on a top lens surface of the immersion objective lens from the upper side of the immersion objective lens [0008]; observation apparatus provided with the immersion objective lens of the present invention, it is desirable that the liquid pouring means is constructed so that the liquid pouring section is movable together with the stage. [0011]; the stage can be moved by a desired amount in a horizontal direction. [0013]; the position control means is constructed so that the liquid pouring section of the liquid pouring means can be moved by a desired amount in a horizontal direction. [0014]; The stage 1 is constructed to be movable in the X-Y direction along the plane perpendicular to the optical axis of the immersion objective lens [0125], [0120]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the microscope of Liebel to design an imaging assembly, an immersion media nozzle fluidically coupled to an immersion media reservoir by an immersion media hose, wherein the applicator is mounted to the sample stage such that the immersion media nozzle translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, and wherein the immersion media hose is incorporated into the sample stage within a channel defined by the sample stage and configured to accommodate the X-Y movement of the sample stage, as taught by Harada for the predictable advantage of a liquid pouring means constructed fixed to the stage and relatively movable with respect to the immersion objective lens, pouring a liquid directly on a top of the lens surface of the immersion objective from the upper side of the immersion objective lens at a distance from the observation position on the stage; [0008], and the stage can be moved along with the liquid pouring section by a desired amount in a vertical direction [0014-0017] and the a position control means automatically adjusting relative positions of a liquid pouring position of the liquid pouring means, as Harada teaches in summary of invention, [0008, 0014-17].
Regarding claim 46, the modified Liebel teaches the method according to claim 1 (see above), Harada teaches the applicator comprises a nozzle configured to deposit immersion media directly onto the lens surface of the immersion objective (Figs. 2-3; top lens surface 2a of the immersion objective lens 2 and a liquid pouring tube 8d through which the liquid to be poured, [0068-0069]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the microscope of Liebel wherein the applicator comprises a nozzle configured to deposit immersion media directly onto the lens surface of the immersion objective, as taught by Harada for the predictable advantage of pouring the immersion fluid directly on the objective lens for completely immerse the lens top.
Regarding claim 47, the modified Liebel teaches the method according to claim 1 (see above), Harada teaches wherein the sample stage defines a channel configured to receive an immersion media hose coupled to the applicator, the channel providing an unobstructed path for the immersion media hose, and wherein the immersion media hose includes slack to accommodate movement of the sample stage (see Figs. 2, 4, 5; stage 1 defines a channel, at the end of 8d, configured to receive an immersion media hose coupled to the applicator, pumping up the liquid contained in the receptacle 8a, [0071], the channel providing an unobstructed path for the immersion media hose, see Figs. 4, 5, and wherein the immersion media hose includes slack to accommodate movement of the sample stage; hose includes slack/loose/limp/sagging to accommodate the X-Y movement).
Regarding claim 48, the modified Liebel teaches the method according to claim 1 (see above), wherein the imaging assembly comprises a turret (Fig. 3; arrangement in an objective turret 14, use of multiple different objectives serves, for example, to achieve different resolutions. To allow a changeover between objectives, multiple objectives, [0101]) configured to rotate a plurality of objective lenses into an optical light path (Figs. 3. 9A, 9B), the objective lenses being otherwise stationary with respect to lateral movement in x- and y-directions, and wherein the sample stage is configured to position the applicator in an xy-coordinate for application of immersion media to a selected one of the objective lenses (a rotation point for objective turret 14. The rotation direction of objective turret 14 is indicated by arrow 16. Objective turret 14 is rotated when an objective changeover is desired. [0101]. Objective turret 14 is rotated when an objective changeover is desired, [0102]. FIG. 4 is a schematic plan view showing the objective turret of FIG. 3, a functional unit 19 being arranged there inside objective turret 14. Immersion objectives 18, [0105]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Liebel and Harada as applied to claim 1 above, and further in view of De Smit et al. (US 2005/0024609, of record).
Regarding claim 4, the modified Liebel teaches the imaging according to claim 2 (see above), further comprising an upstream line feeding immersion media to the immersion media nozzle (see Fig. 7a, fittings 10 for the delivery and withdrawal of immersion liquid 7 are arranged so that they project into the inner region of objective turret 14, [0104]; orifices 23 that carry immersion liquid 7, [0123]).
Liebel doesn’t explicitly teach, the imaging system, further comprising a bubble sensor configured to detect a presence of a bubble at the immersion media nozzle or within an upstream line feeding immersion media to the immersion media nozzle.
Liebel and De Smit are related because both teaches immersion objective.
De Smit teaches imaging system, further comprising a bubble sensor configured to detect a presence of a bubble at the immersion media nozzle or within an upstream line feeding immersion media to the immersion media nozzle (a bubble reduction device configured to reduce a size, a concentration, or both of bubbles in the liquid, the bubble reduction device comprising a bubble detector configured to detect bubbles in the liquid, [0014]; the bubble removal device provides a continuous flow of liquid over the projection system and the substrate in order to transport bubbles out of the imaging field, [0020]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified device of Liebel to include a bubble sensor configured to detect a presence of a bubble at the immersion media nozzle as taught by De Smit for the predictable advantage of improving the imaging performance of an apparatus having a liquid filling as taught by De Smit in [0007].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Liebel and Harada as applied to claim 1 above, and further in view of Hattori et al. (US 2010/0083410, of record).
Regarding claim 13, the modified Liebel teaches the imaging according to claim 12 (see above),
wherein the sample stage configured to position the applicator adjacent to the lens surface of the immersion objective such that dispensing immersion media from the applicator causes immersion media to be deposited onto the lens surface of the immersion objective (to position the applicator adjacent to the lens surface: “cap 8 that surrounds objective body 4 and is open in the region of outer lens 3. … Immersion liquid 7 emerges from cap 8 through gap 9, (0096); sample slide can be moved relative to objective 10 during operation, for example so that a plurality of samples can be scanned automatically, [0159]; possible to move objective body 4 in an X and Y direction, for example by means of a specimen slide stage, [0149]).
Liebel doesn’t explicitly teach the stage is a motorized xy-stage.
Liebel and Hattori are related because both teaches imaging microscope.
Hattori teaches the stage is a motorized xy-stage (The motorized stage 5 is provided with three motors (not illustrated) and can move independently along three mutually orthogonal motion axes in the X, Y, and Z directions, thus allowing the mounted containers 4 to be moved three dimensionally, [0040]; microscope system 1 according to this embodiment, when the plurality of containers 4 are disposed on the sample holder 14 and mounted on the motorized stage 5, [0052]. It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified device of Liebel to include a motorized xy-stage as taught by Hattori for the predictable advantage of improving the imaging time and performance by controlling the stage by a motor.
Claims 15, 16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Liebel and Harada as applied to claim 1 above, and further in view of Brueck et al. (WO 2006005703, of record).
Regarding claim 15, the modified Liebel teaches the imaging according to claim 1 (see above), Liebel teaches a microscope with the imaging assembly, the sample stage and the first side of the sample stage (Figs. 1 and 14a-b).
Liebel doesn’t explicitly teach, wherein the imaging system comprises an upright microscope with the imaging assembly being positioned above the sample stage and the first side of the sample stage being a top of the sample stage such that the applicator is disposed on the top of the sample stage directionally toward the immersion objective.
Liebel and Brueck are related because both teaches immersion microscope.
Brueck teaches an upright microscope with the imaging assembly positioned above the sample stage and the first side of the sample stage being a top of the sample stage such that the applicator is disposed on the top of the sample stage directionally toward the immersion objective (Figs. 1, 9-10). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the microscope of modified Liebel to modify it as an upright microscope with the imaging assembly being positioned above the sample stage and the first side of the sample stage being a top of the sample stage such that the applicator is disposed on the top of the sample stage directionally toward the immersion objective as taught by Brueck for the predictable advantage of applying the immersion liquid directly to the microscopic component to be inspected to increase the resolution of the inspection device while avoiding contamination of the component to be examined as taught by Brueck in page 2 of the machine translation.
Regarding claim 16, the modified Liebel teaches the imaging according to claim 1 (see above), Liebel doesn’t explicitly teach the imaging system, comprising a wipe configured to clean and/or remove immersion media from the lens surface of the immersion objective, the wipe containing a cleaning agent.
Liebel and Brueck are related because both teach immersion microscope.
Brueck teaches an imaging system, comprising a wipe configured to clean and/or remove immersion media from the lens surface of the immersion objective, the wipe containing a cleaning agent (a plurality of suction nozzles 55 which, in the operative position, face the device 23 for aspirating the surface 2a of the microscopic component 2, Figs 6-7 and 12, [page 6 of the machine translation], cleaning agent/means/mediator is the suction nozzles 55). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the microscope of modified Liebel to add a wipe configured to remove immersion media from the lens surface of the immersion objective as taught by Brueck for the predictable advantage of removing the immersion media and cleaning the lens easily in a very controlled manner as Brueck teaches in page 6 of the machine translation.
Regarding claim 21, the modified Liebel teaches the imaging according to claim 16 (see above), Brueck further teaches the imaging system further comprising a computing system configured to generate a map of the wipe, to track portions of the wipe previously used to clean the immersion objective, and to direct movement of the wipe on a subsequent cleaning operation to interact with the immersion objective at a clean or unused area of the wipe (map and wipe are interpreted as data record and suction; The computer 18 serves to control the device 1 for inspection, to process the image data obtained and to store the corresponding data and to control the application and suction of the immersion liquid [see page 4 of the machine translation]. The suction device 23 has a side facing the microscopic component 2 rise 54, in which the suction nozzles 55 are formed. … for sucking off the small amounts of liquid. The elevation 54 is designed as a circulating band along the first, second and third limbs 51, 52 and 54. The elevation carries a plurality of suction nozzles 55 which, in the operative position, face the device 23 for aspirating the surface 2a of the microscopic component 2… The suction nozzles 55 extend as a circulating belt along the first, second and third leg. The individual suction nozzles 55 themselves rise above the elevation 54. Furthermore, the suction nozzles 55 are arranged offset. .. individual suction nozzles 55 is designed .. it is possible to individually apply a suction power to the individual legs 51, 52 and 53. .. in order thus to achieve reliable suction of the immersion liquid; [see page 6 of the machine translation attached to Final Action]. It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the microscope of Liebel to add a wipe configured a computing system configured to generate a map of the wipe, to track portions of the wipe previously used to clean the immersion objective, and to direct movement of the wipe on a subsequent cleaning operation to interact with the immersion objective at a clean or unused area of the wipe, taught by Brueck for the predictable advantage of removing the immersion media and cleaning the lens easily in a very controlled manner by a computer, as Brueck teaches in pages 4 and 6 of the machine translation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosures are: a) Chan et al. US 20200341259, b) SHIMADA US 20190227294, c) Scheps et al. US 20150015943.
Applicant argued “fundamentally different integrated stage-mounted immersion media applicator assembly”, [page 10], Although claim doesn’t recite applicator assembly, explicit structural definition of the claimed applicator (applicator assembly, as argued), depending on the claimed elements may distinguish between the prior art and the claim structure.
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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