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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 09/17/2025. An initialed copy is attached to this Office Action.
Response to Amendment
The amendment to Claim(s) 1-3, 7-11, 16, 18, 22, 24, 28, 30, 33, and 38, and addition of Claim 40, filed 09/17/2025, are acknowledged and accepted.
Response to Arguments
Applicant’s arguments, see Pages 10-11, filed 09/17/2025, with respect to Claim(s) 2, 3, 7, 18 and 28, have been fully considered and are persuasive. The 35 USC § 112 of Claim(s) 2, 3, 7, 18 and 28 and the Claim Objection of Claim 30, have been withdrawn.
Applicant’s arguments, see Pages 10-11, filed 09/17/2025, with respect to the rejection(s) of claim(s) 1-3,7,13-14,16,18,20-21,23-24,28,30 and 38, under 35 USC § 102 and the rejection(s) of claim(s) 2 and 23, under 35 USC § 103 have been considered but are moot because the Applicant is arguing newly amended claims, filed 09/17/2025, not the Non-Final Rejection filed 07/01/2025. Newly amended claims are examined below.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3, 13, 16, 20 22, 28, 30 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fahrbach (US 2019/0204578 A1).
With respect to Claim 1, Embodiment Three of Fahrbach discloses an imaging apparatus (Figure 3a) comprising: an imaging axis (61, Figure 3a), the imaging axis (61, Figure 3a) passing through the sample location (not shown, but within the interrogation volume 49, Figure 3a; see also ¶[0093]); an optical lens system (7 and 11, Figure 3a) comprising a plurality of optical lenses (7 and 11, Figure 3a) arranged along the imaging axis (61, Figure 3a), at least one of the optical lenses being a multiplet optical lens (23, Figure 3a, is a microlens array), the optical lens system (7 and 11, Figure 3a) including one of more optical lenses (7 and 11, Figure 3a) located on both the first side and a second side of the sample location (not shown, but within the interrogation volume 49, Figure 3a; see also ¶[0093]) within the interrogation volume (49, Figure 3a; see also ¶[0093]), the second side opposite the first side (¶[0093]),
Embodiment Three of Fahrbach fails to explicitly teach a mirror and a detection system.
Optical arrangement 1 of Embodiment Three of Fahrbach (shown in Figure 3a) is essentially based on the optical arrangement of Figure 1 (Embodiment One of Fahrbach), see ¶[0096].
Embodiment One of Fahrbach (Figure 1) teaches a mirror (45, Figure 1) and a detection system (41, Figure 1).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach having the imaging apparatus with the multiplet lenses and optical lens arrangement with the teachings of Embodiment One of Fahrbach having the mirror and having the mirror positioned along an imaging axis on a first side of a sample location within the interrogation volume, and a detection system external to the interrogation volume and configured to detect light emitted from the sample location and collected by the mirror and the optical lens system, for the purpose of having the ability to tilt light beams for better illumination of the illumination plane, ¶[0096].
With respect to Claim 2, Embodiment Three of Fahrbach teaches the imaging apparatus of claim 1, wherein the optical lenses (7 and 11, Figure 3a) of the optical lens system (7 and 11, Figure 3a) are arranged so that, over every optical surface (surfaces of 7 and 11, as well as all optical elements, Figure 3a), light rays have an exit angle in air.
Embodiment Three of Fahrbach fails to teach light rays have a maximum exit angle in air, with respect to the lens surface normals, within a range of 35°- 40°.
Embodiment Three of Fahrbach discloses the claimed invention except for light rays have a maximum exit angle in air, with respect to the lens surface normals, within a range of 35°- 40°. It would have been obvious to one having ordinary skill in the art at the time the invention was made to since the claimed ranges and the prior art ranges are close enough that one skilled in the art would have expected them to have the same properties and further being motivated to have light rays have a maximum exit angle in air, with respect to the lens surface normals, within a range of 35°- 40° for the purpose of viewing alternative views of the sample, ¶[0050].
With respect to Claim 3, Embodiment Three of Fahrbach teaches the imaging apparatus of claim 1.
Embodiment Three of Fahrbach fails to teach wherein the detection system images the light emitted from the sample location at the diffraction limit of the numerical aperture of the detection system.
Embodiment One of Fahrbach (Figure 1) teaches wherein the detection system (41, Figure 1) images the light emitted (beams in Figure 1) from the sample location (¶[0093]) at the diffraction limit (see ¶[0078]) of the numerical aperture (NA, Figure 1; see also ¶[0078]) of the detection system (41, Figure 1).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach having the imaging apparatus with the teachings of Embodiment One of Fahrbach having the detection system imaging the light emitted from the sample location at the diffraction limit of the numerical aperture of the detection system for the purpose of obtaining a higher resolution of the image (well-known in diffraction limited optics).
With respect to Claim 13, Embodiment Three of Fahrbach teaches the imaging apparatus of claim 1, wherein the optical lens system (7 and 11, Figure 3a) comprises a plurality of singlet optical lenses (7 and 11, Figure 3a).
Embodiment Three of Fahrbach fails to teach a plurality of doublet optical lenses and at least one triplet optical lens.
Embodiment Three of Fahrbach is the third embodiment of the optical arrangement 1 shown in Figure 3a, is essentially based on the optical arrangement of Figure 1 (Embodiment One of Fahrbach), see ¶[0096].
Embodiment One of Fahrbach (Figure 1) teaches a plurality of doublet optical lenses (43, Figure 1), and at least one triplet optical lens (23, Figure 1).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach having the imaging apparatus with the teachings of Embodiment One of Fahrbach having a plurality of doublet optical lenses and at least one triplet optical lens for the purpose of correcting aberrations.
With respect to Claim 16, Embodiment Three of Fahrbach teaches the imaging apparatus of claim 1, wherein the optical lens system (7 and 11, Figure 3a) comprises a plurality of multiplet lenses (23, Figure 3a) on the second side of the sample location (¶[0093]).
Embodiment Three of Fahrbach fails to teach the mirror and at least one singlet lens on the first side of the sample location between the sample location and the mirror.
Embodiment Three of Fahrbach is the third embodiment of the optical arrangement 1 shown in Figure 3a, is essentially based on the optical arrangement of Figure 1 (Embodiment One of Fahrbach), see ¶[0096].
Embodiment One of Fahrbach (Figure 1) teaches the mirror (45, Figure 1) and at least one singlet lens (one of 43, Figure 1) on the first side (¶[0093]) of the sample location (¶[0093]) between the sample location (¶[0093]) and the mirror (45, Figure 1).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach having the imaging apparatus with the teachings of Embodiment One of Fahrbach having at least one singlet lens on the first side of the sample location between the sample location for the purpose of correcting aberrations.
With respect to Claim 20, Embodiment Three of Fahrbach teaches the imaging apparatus of claim 1, the optical lens system (7 and 11, Figure 3a) configured to provide an optically accessible sample location (¶[0093]) along a direction perpendicular (perpendicular to 61, Figure 3a) to the imaging axis (61, Figure 3a); and the light collection apparatus (7 and 11, Figure 3a) has a working distance and a curvature of each of the optical lenses (7 and 11, Figure 3a) located on either side of a sample (inherent of sample location, ¶[0093]) at the sample location (¶[0093]) that provides optical access to the sample location (¶[0093]) at a numerical aperture (¶[0078]) of at least 0.4, at least 0.5, or at least 0.6 to a surface of the sample (inherent of sample location, ¶[0093]) at the sample location (¶[0093]).
Embodiment Three of Fahrbach fails to teach the mirror and a light collection apparatus.
Embodiment Three of Fahrbach is the third embodiment of the optical arrangement 1 shown in Figure 3a, is essentially based on the optical arrangement of Figure 1 (Embodiment One of Fahrbach), see ¶[0096].
Embodiment One of Fahrbach (Figure 1) teaches wherein: the mirror (45, Figure 1) and the optical lens system (23 and 43, Figure 1) make up a light collection apparatus (23, 43 and 45, Figure 1).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach having the imaging apparatus with the teachings of Embodiment One of Fahrbach having the light collection apparatus for the purpose of increased robustness.
With respect to Claim 22, Embodiment Three of Fahrbach teaches an imaging apparatus for imaging a sample (inherent of sample location, ¶[0093]), the imaging apparatus comprising: the imaging axis (61, Figure 3a) passing through the sample location (inherent of sample location, ¶[0093]); and an optical lens system (7 and 11, Figure 3a) comprising a plurality of optical lenses (7 and 11, Figure 3a) arranged along the imaging axis, at least one of the optical lenses (7 and 11, Figure 3a) being a multiplet optical lens (23, Figure 3a, is a microlens array); wherein the optical lens system (7 and 11, Figure 3a) comprises one or more optical lenses (7 and 11, Figure 3a) located on both the first side and a second side (not shown, but within the interrogation volume 49, Figure 3a; see also ¶[0093]) of the sample location (inherent of sample location, ¶[0093]) along the imaging axis (61, Figure 3a) and within the interrogation volume (49, Figure 3a; see also ¶[0093]), the second side opposite the first side (not shown, but within the interrogation volume 49, Figure 3a; see also ¶[0093]).
Embodiment Three of Fahrbach fails to teach a mirror positioned along an imaging axis on a first side of a sample location.
Embodiment Three of Fahrbach is the third embodiment of the optical arrangement 1 shown in Figure 3a, is essentially based on the optical arrangement of Figure 1 (Embodiment One of Fahrbach), see ¶[0096].
Embodiment One of Fahrbach (Figure 1) teaches wherein: the mirror (45, Figure 1) positioned along an imaging axis (45a, Figure 1) on a first side of a sample location (¶[0085]).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach having the imaging apparatus with the teachings of Embodiment One of Fahrbach having a mirror positioned along an imaging axis on a first side of a sample location within an interrogation volume for the purpose of better focusing of the image.
With respect to Claim 23, Embodiment Three of Fahrbach teaches the imaging apparatus of claim 22, wherein the optical lenses (7 and 11, Figure 3a) of the optical lens system (7 and 11, Figure 3a) are arranged so that light (Figure 2) has a maximum angle of exitance, in air, over every optical surface.
Fahrbach fails to teach wherein the optical lenses of the optical lens system are arranged so that light has a maximum angle of exitance, in air, over every optical surface, within a range of 35°- 40°.
Fahrbach discloses the claimed invention except for wherein the optical lenses of the optical lens system are arranged so that light has a maximum angle of exitance, in air, over every optical surface, within a range of 35°- 40°. It would have been obvious to one having ordinary skill in the art at the time the invention was made to since the claimed ranges and the prior art ranges are close enough that one skilled in the art would have expected them to have the same properties and further being motivated to have wherein the optical lenses of the optical lens system are arranged so that light has a maximum angle of exitance, in air, over every optical surface, within a range of 35°- 40° for the purpose of viewing alternative views of the sample, ¶[0050].
With respect to Claim 28, Embodiment Three of Fahrbach teaches an optical microscope apparatus comprising: an optical interrogation system (49, Figure 3a) configured to probe a sample location (sample location, ¶[0093]) including producing one or more light beams (see multiple beams in Figure 3a) directed toward the sample location (sample location, ¶[0093]); and an optical lens system (7 and 11, Figure 3a) comprising a plurality of optical lenses (7 and 11, Figure 3a) arranged along the imaging axis (61, Figure 3a), at least one of the lenses being a multiplet optical lens (23, Figure 3a, is a microlens array), the optical lens system (7 and 11, Figure 3a) including one or more optical lenses (7 and 11, Figure 3a) located on both the first side and a second side (not shown; see also ¶[0093]) of the sample location (not shown, but within the interrogation volume 49, Figure 3a; see also ¶[0093]) within the interrogation volume (49, Figure 3a), the second side opposite the first side (see Figure 3a).
Embodiment Three of Fahrbach fails to teach a light collection system configured to collect light output from a sample; the light collection system comprising: a mirror positioned along an imaging axis; the imaging axis passing through the sample location.
Embodiment Three of Fahrbach is the third embodiment of the optical arrangement 1 shown in Figure 3a, is essentially based on the optical arrangement of Figure 1 (Embodiment One of Fahrbach), see ¶[0096].
Embodiment One of Fahrbach teaches a light collection system (31a, Figure 1) configured to collect light (light from 53, Figure 1) output from a sample (inherent of sample location, ¶[0093]), comprising: a mirror (45, Figure 1) positioned along an imaging axis (45a, Figure 1); the imaging axis (45a, Figure 1) passing through the sample location (sample location, ¶[0093]) within an interrogation volume.
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach having the imaging apparatus with the teachings of Embodiment One of Fahrbach having the mirror and having and a light collection system configured to collect light output from a sample within an interrogation volume for the purpose of having the ability to illuminate the sample with light beams for better illumination of the illumination plane, ¶[0096].
With respect to Claim 30, Embodiment Three of Fahrbach further teaches wherein: the one or more light beams (see multiple beams in Figure 3a) produced by the optical interrogation system (49, Figure 3a) are directed toward the sample location (¶[0093]); or the one or more light beams produced by the optical interrogation system are directed toward the sample location along a direction perpendicular to the imaging axis without interaction with the mirror.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fahrbach (US 2019/0204578 A1) in further view of Liu et al., (hereafter Liu) (CN106950195A).
With respect to Claim 38, Embodiment Three of Fahrbach teaches the optical microscope apparatus of claim 28 and the optical interrogation system (49, Figure 3a).
Embodiment Three of Fahrbach fails to teach a control system in communication with the optical interrogation system and the light collection system, and configured to coordinate electrical and optical properties of the optical interrogation system and the light collection system; and a detection system that is configured to receive the light collected from the light collection system, wherein the control system is in communication with the detection system and is configured to form an image of a sample from the light collected from the light collection system due to the sample being probed by the optical interrogation system.
Embodiment Three of Fahrbach is the third embodiment of the optical arrangement 1 teaches optical arrangement for detecting scattered and/or fluorescence light in an inclined plane microscope and Liu teaches a programmable optical component based on a scattering medium which can be used in the microscope.
Liu teaches a control system (control system, ¶[0042]) in communication with the optical interrogation system (controllable optical components, ¶[0042]) and the light collection system (light field regulation system, ¶[0043]), and configured to coordinate electrical and optical properties (¶[0042]-[0043]) of the optical interrogation system (controllable optical components, ¶[0042]) and the light collection system (light field regulation system, ¶[0043]); and a detection system (detection module, ¶[0043]) that is configured to receive the light (light beam, ¶[0042]) collected from the light collection system (light field regulation system, ¶[0043]), wherein the control system (control system, ¶[0042]) is in communication with the detection system (detection module, ¶[0043]) and is configured to form an image (images, ¶[0043]) of a sample from the light collected (light beam, ¶[0042]) from the light collection system (light field regulation system, ¶[0043]) by the optical interrogation system (controllable optical components, ¶[0042]).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach having the imaging apparatus with the teachings of Liu having a control system in communication with the optical interrogation system and the light collection system, and configured to coordinate electrical and optical properties of the optical interrogation system and the light collection system; and a detection system that is configured to receive the light collected from the light collection system, for the purpose of modulating light and control optical system structures, ¶[0042].
Embodiment Three of Fahrbach in view of Liu fail to teach a sample.
Embodiment Three of Fahrbach is the third embodiment of the optical arrangement 1 (Embodiment One of Fahrbach) teaches optical arrangement for detecting scattered and/or fluorescence light in an inclined plane microscope and Liu teaches a programmable optical component based on a scattering medium which can be used in the microscope.
Embodiment One of Fahrbach teaches a sample (inherent of sample location, ¶[0093]).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach in view of Liu having the imaging apparatus with the teachings of Embodiment One of Fahrbach having a sample for the purpose of having something to image or scan.
Claim(s) 14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fahrbach (US 2019/0204578 A1) in further view of Chen (EP3206010), of record.
With respect to Claim 14, Embodiment Three of Fahrbach in view of Embodiment One of Fahrbach teaches the imaging apparatus of claim 1 and the mirror.
Embodiment Three of Fahrbach in view of Embodiment One of Fahrbach fail to disclose wherein the mirror is a mirror that is monocentric with an image of a surface of the sample location, and a maximum angle of incidence of a chief ray of light onto the optical surface of the mirror at a full field of view is 2°, 3°, or 4°.
Embodiment Three of Fahrbach in view of Embodiment One of Fahrbach teach a microscope and Chen teaches a flow cytometer which can be used with or integrated into a microscope.
Chen teaches wherein the mirror (601, Figure 8) is a mirror (601, Figure 8) that is monocentric (piano-concave back-surface mirror ¶[0051]) with an image of a surface of the sample location (604, Figure 9), and a maximum angle of incidence of a chief ray of light (Figure 2) onto the optical surface of the mirror (601, Figure 8) at a full field of view is 2°, 3°, or 4°(¶[0053]).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach in view of Embodiment One of Fahrbach having the imaging apparatus with the teachings of Chen having the mirror is a mirror that is monocentric with an image of a surface of the sample location, and a maximum angle of incidence of a chief ray of light onto the optical surface of the mirror at a full field of view is 2°, 3°, or 4° for the purpose of lower chromatic dispersion in light emitted, ¶[0053].
With respect to Claim 18, Embodiment Three of Fahrbach in view of Embodiment One of Fahrbach teach the imaging apparatus of claim 1, the optical lenses (23 and 43, Figure 1, and 7 and 11, Figure 3a), and the axial positions of one or more of the optical lenses (23 and 43, Figure 1, and 7 and 11, Figure 3a) of the optical lens system (23 and 43, Figure 1, and 7 and 11, Figure 3a) are offset to thereby adjust for aberrations (¶[0100]) caused by variations in a refractive index (¶[0027]) of a sample (inherent of a sample location, ¶[0093]) at the sample location (¶[0093]).
Embodiment Three of Fahrbach in view of Embodiment One of Fahrbach fail to teach wherein each of the optical lenses of the optical lens system and the mirror is spherical.
Embodiment Three of Fahrbach in view of Embodiment One of Fahrbach teach a microscope and Chen teaches a flow cytometer which can be used with or integrated into a microscope.
Chen teaches wherein each of the optical lenses (Figure 10) of the optical lens system (Figure 10) and the mirror (601, Figure 8) is spherical (plano-concave back-surface mirror 601, ¶[0051]).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment Three of Fahrbach in view of Embodiment One of Fahrbach having the imaging apparatus with the teachings of Chen having each of the optical lenses of the optical lens system and the mirror is spherical for the purpose of cost-effectiveness and better light focus.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fahrbach (US 2019/0204578 A1) in further view of Fujioka et al., (hereafter Fujioka) (US 2017/0045726 A1).
With respect to Claim 24, Embodiment One of Fahrbach teach a detection apparatus (41, Figure 1) for imaging a sample (inherent of sample location, ¶[0093]), the detection apparatus (41, Figure 1) comprising: a mirror (45, Figure 1) positioned along an imaging axis (61, Figure 3a) on a first side a sample location (¶[0093]); an optical lens system (23 and 43, Figure 1) comprising a plurality of optical lenses (23 and 43, Figure 1) arranged along the imaging axis (61, Figure 3a), at least one of the optical lenses (23 and 43, Figure 1); the optical lens system (23 and 43, Figure 1) including one or more optical lenses (23 and 43, Figure 1) located on both the first side (43, Figure 1) and a second side (23, Figure 1) of the sample location (¶[0093]), the second side opposite the first side.
Embodiment One of Fahrbach fails to teach an interrogation volume, the imaging axis passing through the sample location; at least one of the optical lenses being a multiplet optical lens; a sample apparatus configured to define an interrogation volume and receive the sample at the sample location within the interrogation volume.
Embodiment Three of Fahrbach is the third embodiment of the optical arrangement 1 shown in Figure 3a, is essentially based on the optical arrangement of Figure 1 (Embodiment One of Fahrbach), see ¶[0096].
Embodiment Three of Fahrbach to teach an interrogation volume (49, Figure 3a), the imaging axis (61, Figure 3a) passing through the sample location (¶[0093]); at least one of the optical lenses (7 and 11, Figure 3a) being a multiplet optical lens (23, Figure 3a, is a microlens array); a sample apparatus (¶[0093]) configured to define an interrogation volume (49, Figure 3a) and receive the sample (inherent of sample location, ¶[0093]) at the sample location (¶[0093]) within the interrogation volume (49, Figure 3a).
Embodiments One and Three of Fahrbach fail to teach the sample apparatus including an immersion fluid at least partly contained by one or more optical lenses of the optical lens system.
Embodiments One and Three of Fahrbach teaches a microscope and Fujioka teaches a microscope observation container that can be used in a microscope.
Fujioka teaches the sample apparatus (sample within 103, Figure 1) including an immersion fluid (liquid immersion medium added in the microscope observation container 103, Figure 1, ¶[0047]) at least partly contained by one or more optical lenses (102, Figure 1) of the optical lens system (102, 112, 113, Figure 1).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiments One and Three of Fahrbach having the imaging apparatus with the teachings of Fujioka having an immersion fluid at least partly contained by one or more optical lenses of the optical lens system for the purpose of improvement of resolution and details of magnified images (well-known in the art).
Allowable Subject Matter
Claims 15 and 40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With respect to Claim 15, the prior art fails to teach “wherein the mirror and the optical lens system make up a light collection apparatus configured to reduce field dependent aberrations to below a root mean square wavefront error of 0.09 waves.”
With respect to Claim 40, the prior art fails to teach “wherein: the mirror and the optical lens system make up a light collection apparatus that is diffraction-limited and has a field of view of at least 8 millimeters, at least 10 millimeters, or at least 12 millimeters in diameter; and the mirror and the optical lens system make up a light collection apparatus that is diffraction-limited and has an etendue of at least 100 square millimeters.”
Claims 7-11, and 33, are allowed.
The following is an examiner’s statement of reasons for allowance:
With respect to Claim 7, the prior art fails to teach “wherein the mirror and the optical lens system make up a light collection apparatus that is diffraction limited and has a field of view of at least 8 millimeters, at least 10 millimeters, or at least 12 millimeters in diameter; and/or the mirror and the optical lens system make up a light collection apparatus that is diffraction-limited and has an etendue of at least 100 square millimeters.”
With respect to Claim 8, the prior art fails to teach “wherein the mirror and the optical lens system make up a light collection apparatus that is diffraction limited; a working distance between the sample location and an element of the optical lens system or the mirror is at least 20 millimeters; and each of the mirror and the optical lenses in the optical lens system is spherical.”
With respect to Claim 9, the prior art fails to teach “wherein the mirror and the optical lens system make up a light collection apparatus having a numerical aperture of at least 0.8, at least 0.9, or at least 1.0 for a field of view of at least 8 millimeters, at least 10 millimeters, or at least 12 millimeters in diameter for light emitted from the sample location having a wavelength within the range of 400-800 nanometers.”
With respect to Claim 10, the prior art fails to teach “wherein the mirror and the optical lens system make up a light collection apparatus that is diffraction-limited for light having a wavelength within the range of 500-800 nanometers at 81-90% light transmission efficiency.”
With respect to Claim 11, the prior art fails to teach “wherein the mirror and the optical lens system make up a light collection apparatus that is simultaneously achromatic across a range of wavelengths of 500-700 nanometers, a range of wavelengths of 700-800 nanometers, or a range of wavelengths of 450-500 nanometers.”
With respect to Claim 33, the prior art fails to teach “the speed at which the detection system acquires data is at least 1.0 x 1010 voxels per second.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is 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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/TYW/Patent Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872