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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/16/2026 has been entered. The Applicant amended independent claims 1, 32 and 39, canceled claims 10-12 and 23, and added claims 47-48. Claims 1-2, 4-6, 8, 10, 13-16, 21-22, 32, 37-39 and 46-48 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/16/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant’s arguments filed on 2/16/2026 with respect to the rejection of amended claims 1, 32 and 39 have been fully considered. Applicant’s arguments with respect to amended independent claims 1, 32 and 39 have been considered but are moot because the arguments are based on new amendment. New ground of rejection has been made and applicant's argument is moot in view of the new ground of rejection necessitated by the amendments
Claim Objections
Claims 1 is objected to because of the following typological error: Claim 1 recites “such that the application translates with the sample stage”, in line 8; which should be “such that the applicator translates with the sample stage”. Appropriate correction is required.
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 (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], 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, [0096]) disposed on the first side of the sample stage (see Fig. 1, delivery system 6 in 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 wherein the applicator is mounted to the sample stage such that the application translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly.
Liabel and Harada et al. are related as immersion microscope.
Harada teaches an imaging assembly (forming an image of the observation object, [0038]), wherein the applicator is mounted to the sample stage such that the application translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly (see at least [0079], [0085], [0104], [0120], [0125]; Figs. 3-5; 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 control means 10 is such as to automatically adjust the relative positions of the liquid pouring position of the liquid pouring means 8, the position of the top portion 8d' of the liquid pouring tube 8d, and the immersion objective lens 2, the top lens surface 2a, as a position control means, and at the same time, the relative positions of the immersion objective lens 2 on which the liquid is poured by the liquid pouring means 8 and a desired observation position on the stage 1, [0085], control means 10 has the function of a position control means and is connected to a driving device for the stage 1, the immersion objective lens 2, or a supporting member supporting the immersion objective lens 2, and a control signal for moving either the stage 1 or the immersion objective lens 2, or both, by preset amounts in horizontal and vertical directions is transmitted so that relative positions of the liquid pouring position, the position of the top portion 8d' of the liquid pouring tube 8d, of the liquid pouring means 8 and the immersion objective lens 2, the top lens surface 2a, are thereby automatically adjusted and at the same time, relative positions of the immersion objective lens 2 on which the liquid is poured by the liquid pouring means 8 and a desired observation position on the stage 1 can be automatically adjusted.[0080]; The stage 1 is constructed to be movable in an X-Y direction along a plane perpendicular to the optical axis of the immersion objective lens 2 located at the observation position [0120];, [0125]; see arrows on Figs. 2-4; selectively align “moving the stage and the immersion objective lens in a preset direction through the position control means to make positional adjustment”, [0104]). 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 wherein the applicator is mounted to the sample stage such that the application translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, 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, and the liquid pouring section of the liquid pouring means can be moved by a desired amount in a horizontal direction, as Harada teaches in summary of invention, [0008, 0014]].
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]).
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, 141-b).
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]; 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 [0096]) disposed on the first side of the sample stage (see Fig. 1, delivery system 6 in in the first side of the sample stage) 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, the applicator 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, and positioning the sample stage relative to the immersion objective by translating the sample stage in an X-Y plan relative to the imaging assembly.
Liabel and Harada et al. are related as immersion microscope.
Harada teaches an imaging assembly (forming an image of the observation object, [0038]), wherein the applicator is mounted to the sample stage such that the application translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly (see at least [0079], [0085], [0104], [0120], [0125]; Figs. 3-5; 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 control means 10 is such as to automatically adjust the relative positions of the liquid pouring position of the liquid pouring means 8, the position of the top portion 8d' of the liquid pouring tube 8d, and the immersion objective lens 2, the top lens surface 2a, as a position control means, and at the same time, the relative positions of the immersion objective lens 2 on which the liquid is poured by the liquid pouring means 8 and a desired observation position on the stage 1, [0085], control means 10 has the function of a position control means and is connected to a driving device for the stage 1, the immersion objective lens 2, or a supporting member supporting the immersion objective lens 2, and a control signal for moving either the stage 1 or the immersion objective lens 2, or both, by preset amounts in horizontal and vertical directions is transmitted so that relative positions of the liquid pouring position, the position of the top portion 8d' of the liquid pouring tube 8d, of the liquid pouring means 8 and the immersion objective lens 2, the top lens surface 2a, are thereby automatically adjusted and at the same time, relative positions of the immersion objective lens 2 on which the liquid is poured by the liquid pouring means 8 and a desired observation position on the stage 1 can be automatically adjusted.[0080]; The stage 1 is constructed to be movable in an X-Y direction along a plane perpendicular to the optical axis of the immersion objective lens 2 located at the observation position [0120];, [0125]; see arrows on Figs. 2-4; selectively align “moving the stage and the immersion objective lens in a preset direction through the position control means to make positional adjustment”, [0104]). 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 wherein the applicator is mounted to the sample stage such that the application translates with the sample stage during X-Y movement of the sample stage relative to the imaging assembly, 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, and the liquid pouring section of the liquid pouring means can be moved by a desired amount in a horizontal direction, as Harada teaches in summary of invention, [0008, 0014]).
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 the 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]); a nozzle fluidically coupled to the immersion media reservoir by an immersion media hose; and configured to selectively interact with a lens surface of an immersion objective, 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. Selectively interact with a lens is interpreted as when it positions towards a lens to deliver. Liebel discloses “delivery device 6 serves to deliver immersion liquid 7 into the region between specimen slide 1 and outer lens 3, [0096]; delivery device 6 encompasses at least one 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]. When an immersion liquid is used, it is essential that it be located between the objective or outer lens and the preparation or specimen slide glass, [0008]; that teaches an applicator positioned to interact with a lens surface of the immersion objective to deposit or remove immersion media. [when] immersion gases are used, they are allowed to flow through continuously, at a certain temperature and flow rate, immersion media are used between the objective lens and the objective specimen slide or specimen, [0005]. In case of multiple objectives/connectors are to be made available for selection selectively interact with a respective lens surface it is also conceivable for compressed air to be blown in through one or the other connector (selectably), specifically in order to remove excess immersion medium from the channel inside the cap and from the preferably annular outlet, [0036]). and to the nozzle for dispensing (a projecting tube or vent used to direct as shown in Fig. 8a-b; Figs. 8a-b, orifices 23 carry immersion liquid 7 into the region around outer lens 3. At least one pump, preferably in the form of a micropump, is accordingly located on or in the objective turret for the purpose of conveying fluid, so that the objective operates autonomously in that respect [0045], reservoir 21 for immersion liquid 7, [0105]; 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 wherein the nozzle comprises a stage-mounting structure configured to mount the nozzle to a sample stage such that the nozzle translates with the sample stage during X-Y movement of the sample stage relative to an imaging assembly that includes the immersion objective, and wherein the immersion media hose includes slack to accommodate the X-Y movement of the sample stage.
Liabel and Harada et al. are related as immersion microscope.
Harada teaches the nozzle comprises a stage-mounting structure configured to mount the nozzle to a sample stage (see Figs. 2, 3, 5, 6; nozzle 8d; stage 1) such that the nozzle translates with the sample stage during X-Y movement of the sample stage relative to an imaging assembly that includes the immersion objective (stage 1 is constructed to be movable in an X-Y direction along a plane perpendicular to the optical axis of the immersion objective lens 2 located at the observation position, [0120]; the top portion 8d' of the liquid pouring tube 8d is relatively movable with respect to the immersion objective lens 2, [0079]; control signal for moving either the stage 1 or the immersion objective lens 2, or both, by preset amounts in horizontal and vertical directions is transmitted so that relative positions of the liquid pouring position (namely, the position of the top portion 8d' of the liquid pouring tube 8d) of the liquid pouring means 8 and the immersion objective lens 2 (more specifically, the top lens surface 2a) are thereby automatically adjusted and at the same time, relative positions of the immersion objective lens 2 on which the liquid is poured by the liquid pouring means 8 and a desired observation position on the stage 1 can be automatically adjusted, [0080]; movement of the stage 1 in the X-Y direction .. the top portion 8d' of the liquid pouring tube 8d can be relatively moved with respect to the immersion objective lens 2. At the same time, the liquid is 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. By controlling the amount of movement of the stage 1 in the X-Y direction, [0126]), and wherein the immersion media hose (8d and 9c, Figs.2, 3, 5, 7) includes slack to accommodate the X-Y movement of the sample stage (Figs. 2, 5,7, show hose includes slack/loose/limp/sagging to accommodate the X-Y movement). 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 wherein the nozzle comprises a stage-mounting structure configured to mount the nozzle to a sample stage such that the nozzle translates with the sample stage during X-Y movement of the sample stage relative to an imaging assembly that includes the immersion objective, and wherein the immersion media hose includes slack to accommodate the X-Y movement of the sample stage, 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, and the liquid pouring section of the liquid pouring means can be moved by a desired amount in a horizontal direction, as Harada teaches in summary of invention, [0008, 0014]).
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 as 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 as 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 as immersion microscope.
Brueck teaches 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 (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 as 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 (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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHMAN ABDUR whose telephone number is (571)270-0438. The examiner can normally be reached 8:30 am to 5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.A/ Examiner, Art Unit 2872
/WYATT A STOFFA/Primary Examiner, Art Unit 2881