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 .
DETAILED ACTION
This FINAL Office Action responds to the Amendment and remarks/arguments filed on 07/27/2026.
The remarks/arguments are not persuasive; therefore, the rejection based on Zhang et al. (Pub. No. Pub. No. 20180307132 Al) in view of Piestun et al. (Pub. No. 20100278400 Al) is maintained for the reason stated in the rejection 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.
Claims 32-35, 37-38 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Pub. No. Pub. No. 20180307132 A1) in view of Piestun et al. (Pub. No. 20100278400 A1).
Regarding claim 32, Zhang discloses:
A point spread function imaging system (see Fig. 3A-3B, see par [0153], systems and methods for performing optical imaging using a tri-spot point spread function (PSF) are provided…), comprising:
a source arranged and configured to output an excitation beam that is directed to a sample containing at least one emitter that emits a dipole or dipole-like radiation pattern when illuminated by the excitation beam (see par [0007], a tri-spot point spread function imaging system includes a source arranged and configured to output an excitation beam…);
at least one sensor arranged and configured to capture at least one image of at least a portion of a radiation pattern emitted by the at least one emitter in response to impingement by the excitation beam (see par [0007], The tri-spot point spread function imaging system also includes at least one sensor arranged and configured to capture at least one image….); and
a phase mask positioned between the at least one emitter and the at least one sensor (see par [0007], a phase mask positioned between the at least one emitter and the at least one sensor …..),
the phase mask configured to produce a duo-spot point spread function in response to photons received from the at least one emitter, wherein the duo-spot point spread function is received by the at least one sensor (see par [0007], the phase mask configured to produce a tri-spot point spread function in response to photons received from the at least one emitter. The tri-spot point spread function is received by the at least one sensor…) and wherein a relative brightness of each spot of the duo-spot point spread function encodes an orientation and a rotational mobility of one of at least one emitters (see par [0008], method for estimating an orientation and a rotational mobility of a single-molecule emitter includes receiving a plurality of photons emitted…, see claim 6, wherein a relative brightness of each spot of the tri-spot point spread function encodes an orientation and a rotational mobility of the single point emitter, [Zhang in claim 6 discloses “a rotational mobility of the single point emitter”).
Noted that Zhang’s imaging process is a tri-spot point spread function instead of the claimed duo-spot point spread function. But, it should be clear that if one skilled in the art knows how to set up a tri-spot point spread function, that one skilled in the art would know how to set up a duo-spot point spread function to start with. However, if it is unclear about the duo-spot point spread function in view of Zhang alone, Piestun discloses: duo-spot point spread function (see par [0006], imaging system a phase-mask can be placed that generates a double-helix point spread function…., see par [0037-0041]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified a systems and methods for use in tri-spot point spread function imaging of Zhang to have the phase mask configured to produce a duo-spot point spread function in order to provide dual-lobed images of a molecule (see Piestun par [0006]).
Regarding claim 33, Zhang discloses:
wherein the phase mask comprises at least three partitions, each partition comprising a phase delay ramp aligned along one of two phase delay axes (see par [0006], a phase mask for a tri-spot point spread function imaging system includes a first, second, and third partition. Each partition includes a phase delay ramp aligned along a phase delay axis…), each phase delay ramp comprising a gradient of phase delays, wherein each partition comprises a subset of a total area of the phase mask and the two phase delay axes are oriented in different directions (see par [0006], each phase delay ramp includes a gradient of phase delays. Each partition includes a subset of a total area of the phase mask that includes a shape that is asymmetrical with respect to each remaining partition…..).
Regarding claim 34, Piestun discloses:
wherein the duo-spot point- spread function comprises two light spots, wherein each light spot corresponds to one phase delay axis of the two phase delay axes (see Piestun par [0085], the double-helix point spread function can exhibit two lobes that spin around the optical axis…, par [0061-0064], Fig. 5A, see Zhang ).
Regarding claim 35, Piestun and Zhang disclose:
wherein the phase mask is configured to produce the duo-spot point-spread function in response to photons produced by one of the at least one emitters (see Piestun par [0085], the double-helix point spread function can exhibit two lobes that spin around the optical axis…, see Zhang claim 5, the phase mask is configured to produce the tri-spot point-spread function in response to photons produced by a single point emitter…).
Regarding claim 37, Piestun and Zhang disclose:
wherein the two phase delay axes are oriented parallel and in opposite directions to one another (see Zhang, Abstract, Each partition includes a phase delay ramp aligned along a phase delay axis, and includes a gradient of phase delays. Each phase delay axis is oriented in a different direction with respect to each other…, see Piestun par [0085], the double-helix point spread function…).
Regarding claim 38, Zhang disclose:
wherein the phase mask further comprises a phase-only spatial light modulator (see parr [00158], imaging systems by incorporation of the disclosed tri-spot PSF phase mask or a phase-only spatial light modulator…).
Regarding claim 41, Piestun and Zhang disclose:
a computing device operatively connected to the sensor, the computing device configured to estimate the orientation and the rotational mobility of the at least one emitter encoded by the spots of the duo-spot point-spread function using a method selected from a basis inversion method, a maximum likelihood estimation method, and any combination thereof (see Piestun par [0085], the double-helix point spread function can exhibit two lobes that spin around the optical axis…, see Zhang claim 15).
Allowable Subject Matter
Claims 39-40 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not teach or suggest the limitation as in the claims.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN NGO whose telephone number is (571)270-7011. The examiner can normally be reached on M-F 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Chiang can be reached on 57127274837483. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN NGO/Primary Examiner, Art Unit 2851
