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 1/15/2026 has been entered. The applicant has amended the claim(s) 1-11, 13 and 15-20, and cancelled claims 12 and 14. Claims 1-11, 13 and 15-20 are pending.
Claim Objections
The Applicant amended claims 1-20 to overcome claim objections. Therefore, the claim objection in non-final rejection submitted on 7/16/2025 has been withdrawn.
Claim Rejections - 35 USC § 112
The Applicant amended claims 1, 2, 3, 4, 5, 6, 11 and 12 to overcome claim rejections under 35 USC § 112(b). Therefore, claim rejections under 35 USC § 112(b) submitted on 7/16/2025 under 35 USC § 112(b) have been withdraw.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.--Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Amended Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends.
The claim 13 depends on cancelled claim 12. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Appropriate correction is required.
Response to Arguments
Applicant's arguments filed on 1/15/2026 have been fully considered. The Applicant amended independent claim 1 by adding allowable subject matter of claim 14 and the limitations of the intervening claim 12. The Applicant didn’t argue the rejection of independent claims 19 and 20, but amended only to fix claim objections.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
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.
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gerlach et al. (US 2020/0300764, of record) in view of Cohen et al. (US 2015/0004637, of record), and further in view of Sakurai al. (US 2008/0262760, of record).
Regarding claim 19, Gerlach teaches a microscope (refer to US 2020/0300764) comprising:
a plurality of cameras (cameras K1 and K2, [0161], Fig. 7), wherein each camera unit of the plurality of cameras is configured to capture one or more images of a region of a sample (A camera K1 is a first image acquisition unit and acquires a first fluorescence image, camera K2 is a second image acquisition unit and then acquires a second fluorescence image of the substrate S, [0161]); one or more radiation sources (substrate is preferably illuminated with excitation radiation in order to excite fluorescence radiation, [0159]; excitation light source LQ [0161]); wherein the one or more radiation sources are configured to illuminate the sample (substrate is preferably illuminated with excitation radiation, [0159], excitation light source LQ is guided towards the substrate S. [0161]); a second processor coupled between the plurality of cameras and the first processor (computing unit R as image information items BI1, BI2 and processed thereby, [0161]); wherein the second processor comprises multiple devices with each device coupled to multiple neighboring cameras of the plurality of cameras for processing the captured images of the camera (pre-processing of the first and second data set of fluorescence images, [0290-0291]; data network device DV thus carries out, by means of the computing unit R, a method according to the invention for digital image processing, in which method the fluorescence images BI1, BI2 are received and in which method the computing unit R carries out the steps S7 to S10 from FIG. 13, [0231], computing unit, a programmable hardware component can be formed by a processor, a central processing unit (CPU), a computer, a computer system, an application-specific integrated circuit (ASIC), an integrated circuit (IC), a system on chip (SOC), a programmable logic element or a field programmable gate array with a microprocessor (FPGA), [0312]);
Gerlach doesn’t explicitly teach, wherein a first processor, wherein the first processor is configured to control the one or more radiation sources to create one or more illumination patterns to the sample, and wherein the first processor is configured to control the plurality of camera units to capture images of the sample under the one or more illumination patterns; wherein the second processor is configured to from a serial data stream to the processor from multiple parallel data streams outputted from the multiple devices; a second processor coupled between the plurality of cameras and the first processor; wherein the first processor and the second processor are configured to collaborate for tracking changes of an organism in the sample.
Gerlach and Cohen, both related as optical microscopy system.
Cohen teaches the a first processor, wherein the first processor is configured to control the one or more radiation sources to create one or more illumination patterns to the sample, wherein the first processor is configured to control the plurality of camera units to capture images of the sample under the one or more illumination patterns; (Microscopy system 200, radiation sources 210, 220, a detector 260, and a processor 280, [0070]; The illumination apparatus may project spatially-patterned illumination from the digital micromirror onto the sample, [0010]; one or more of the radiation sources may be controlled via a communication link 281, 282 by processor 280, .. one or more microprocessors and/or one or more microcontrollers configured to manage operation of the optical system 200 and receive and process data from detector 260. [0078-0079]; the illumination apparatus may include a digital micromirror device that is configured to provide spatially-patterned illumination, the illumination apparatus may include a source of excitation radiation used to excite fluorescence or stimulate the sample. [0010]); processors are configured to collaborate for tracking changes of an organism in the sample (output signals can be provided repeatedly to the processor 280 over time, e.g., so as to track time variations of an image sensed by the detector 260, [0074]). computer readable medium or media can be transportable, such that the program or programs stored thereon can be loaded onto one or more different computers or other processors to implement various aspects of the present technology, [227]). one or more computer programs that when executed perform methods of the present technology need not reside on a single computer or processor, but may be distributed in a modular fashion amongst a number of different computers or processors to implement various aspects of the present technology, .. Computer-executable instructions may be in many forms, such as program modules, executed by one or more computers or other devices [0228-0230]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the device of Gerlach for a first processor, wherein the first processor is configured to control the one or more radiation sources to create one or more illumination patterns to the sample, wherein the first processor is configured to control the plurality of camera units to capture images of the sample under the one or more illumination patterns;, as taught by Cohen for the predictable advantage of using for dynamic, low-light level, fluorescence microscopy for studying biological processes that utilize voltage-sensitive fluorescent proteins, for receive a plurality of radiation signal values that were recorded from a plurality of imaging pixels for a plurality of time bins, and process the received signals to temporally resolve a time-varying microscope image, as taught by Cohen in Summary [0005-0010].
The modified Gerlach doesn’t explicitly teach, wherein the second processor is configured to from a serial data stream to the processor from multiple parallel data streams outputted from the multiple devices.
Gerlach and Sakurai, both related as optical inspection system.
Sakurai teaches processor is configured to from a serial data stream to the processor from multiple parallel data streams outputted from the multiple devices (data reception control unit 2600 converts the transmitted serial data into parallel data, [0039]). 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 Gerlach to include processor is configured to from a serial data stream to the processor from multiple parallel data streams outputted from the multiple devices, as taught by Sakurai for the predictable advantage deigning an inspecting apparatus that makes the data transmission systems within the apparatus common and is reduced in apparatus costs by realizing a data transmission apparatus and a data transmission method that have high freedom and are excellent in incorporation capability, as taught by Sakurai in [0007].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Gerlach et al. (US 2020/0300764, of record) in view of Cohen et al. (US 2015/0004637, of record).
Regarding claim 20, Gerlach teaches a method (refer to US 20200300764) comprising: providing an excitation energy to a sample disposed in a microscope (substrate is preferably illuminated with excitation radiation in order to excite fluorescence radiation, [0159]; excitation light source LQ [0161]);
capturing images of the sample by a camera array of the microscope under one or more illumination patterns generated by an illumination source (cameras K1 and K2, [0161], Fig. 7; A camera K1 is a first image acquisition unit and acquires a first fluorescence image, camera K2 is a second image acquisition unit and then acquires a second fluorescence image of the substrate S, [0161]; substrate is preferably illuminated with excitation radiation in order to excite fluorescence radiation of the first and the second fluorescent dye, [0159]); wherein the camera array comprises multiple cameras (cameras K1 and K2, [0161], Fig. 7), wherein each cameras of the camera array is configured to capture images of an area of the sample, wherein different cameras are configured to capture images of different areas of the sample (A camera K1 is a first image acquisition unit and then acquires a first fluorescence image, especially in a red channel by means of a red filter FR A further camera K2 is a second image acquisition unit and then acquires a second fluorescence image of the substrate S, [0161], see Fig. 7); detecting objects in each of the captured images (different fluorescence radiations FL1 and FL2 in two different colour channels, [0161; see Fig. 7); wherein the detection uses stored information related to a target organism (resultant fluorescence images are provided to a computing unit R as image information items BI1, BI2 and processed thereby, [0161]; A computing unit R mentioned here can be realized here as at least one computing unit or else by means of multiple computing units which are associated. Implementation can be affected using a digital storage medium, [0311]); merging and resolving duplicate detected objects across captured images of neighboring cameras (The resultant fluorescence images are provided to a computing unit R as image information items BI1, BI2 and processed thereby. Preferably, there is only one single image acquisition unit, meaning that the single image acquisition unit acquires the differently stained fluorescence images of the different colour channels at different times by means of temporary exchange of the filters FR, FG, [0161]), the process of detecting, merging, and resolving is distributed by the processor coupled to each camera of the camera array (resultant fluorescence images are provided to a computing unit R as image information items BI1, BI2 and processed thereby, Preferably, there is only one single image acquisition unit, meaning that the single image acquisition unit acquires the differently stained fluorescence images of the different colour channels at different times by means of temporary exchange of the filters FR, FG, [0161]).
Gerlach doesn’t explicitly teach, wherein the process of detecting, merging, and resolving is distributed between a first processor coupled to each camera of the camera array and a second processor coupled to the first processor; rejecting detected objects not meeting requirements of the target organism, wherein the rejection comprising comparing at least a characteristic of the detected objects with a characteristic of the target organism, wherein the at least a characteristic of the detected objects is determined using stored information related to the microscope, wherein the characteristic of the target organism is determined using the stored information related to the target organism; determining locations and sizes of the detected object meeting the requirements; repeating capturing images to determining locations for tracking the detected object meeting the requirements.
Gerlach and Cohen, both related as optical microscopy system.
Cohen teaches the process of detecting, merging, and resolving is distributed between a first processor coupled to each camera of the camera array and a second processor coupled to the first processor, rejecting detected objects not meeting requirements of the target organism (Processor 280 may comprise one or more microprocessors and/or one or more microcontrollers configured to manage operation of the optical system 200 and receive and process data from detector 260. Processor 280 may further include, at least one data storage device, one or more data communication ports, and/or a user interface, processor 280 may comprise a computer, such as a personal computer or a laptop computer. According to some embodiments, processor 280 may be or include one or more microcontrollers configured to interface with a computer, data storage devices may be included with the system 200, and/or may be embodied as peripherals and/or removable storage media, processor 280 is adapted with machine-readable instructions and/or hardware to execute functionality of system control and/or data processing described herein, processor 280 may be configured to store raw data, or store partially processed raw data, that may be retrieved subsequently for processing, [0079]), wherein the rejection comprising comparing at least a characteristic of the detected objects with a characteristic of the target organism, wherein the at least a characteristic of the detected objects is determined using stored information related to the microscope, wherein the characteristic of the target organism is determined using the stored information related to the target organism; determining locations and sizes of the detected object meeting the requirements; repeating capturing images to determining locations for tracking the detected object meeting the requirements (Microscopy system 200, radiation sources 210, 220, a detector 260, and a processor 280, [0070]; The illumination apparatus may project spatially-patterned illumination from the digital micromirror onto the sample, [0010]; one or more of the radiation sources may be controlled via a communication link 281, 282 by processor 280, [0078]; the illumination apparatus may include a digital micromirror device that is configured to provide spatially-patterned illumination, the illumination apparatus may include a source of excitation radiation used to excite fluorescence or stimulate the sample. [0010]); processors are configured to collaborate for tracking changes of an organism in the sample (output signals can be provided repeatedly to the processor 280 over time, e.g., so as to track time variations of an image sensed by the detector 260, [0074], processor 280 may be configured to store raw data, or store partially processed raw data, that may be retrieved subsequently for processing … Data obtained by the system 200 may be transferred over the network link for subsequent processing, [0079], computer readable medium or media can be transportable, such that the program or programs stored thereon can be loaded onto one or more different computers or other processors to implement various aspects of the present technology, [227]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the device of Gerlach for a the process of detecting, merging, and resolving is distributed between a first processor coupled to each camera of the camera array and a second processor coupled to the first processor, rejecting detected objects not meeting requirements of the target organism, wherein the rejection comprising comparing at least a characteristic of the detected objects with a characteristic of the target organism, wherein the at least a characteristic of the detected objects is determined using stored information related to the microscope, wherein the characteristic of the target organism is determined using the stored information related to the target organism; determining locations and sizes of the detected object meeting the requirements; repeating capturing images to determining locations for tracking the detected object meeting the requirements, as taught by Cohen for the predictable advantage of using for dynamic, low-light level, fluorescence microscopy for studying biological processes that utilize voltage-sensitive fluorescent proteins, for receive a plurality of radiation signal values that were recorded from a plurality of imaging pixels for a plurality of time bins, and process the received signals to temporally resolve a time-varying microscope image, as taught by Cohen in Summary [0005-0010].
Allowable Subject Matter
Claims 1-11 and 15-18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art either alone or in combination does not disclose nor render reasonably obvious the microscope system of claim 1. Claim 1 is allowable over the prior art of record for at least the reason that even though the prior art discloses a microscope comprising: a plurality of cameras, wherein each camera unit of the plurality of cameras is configured to capture one or more images of a region of a sample; one or more radiation sources, wherein the one or more radiation sources are configured to illuminate the sample; one or more excitation sources, wherein the one or more excitation sources are configured to affect an organism in the sample; a processor, wherein the processor is configured to control the one or more radiation sources to create one or more illumination patterns to the sample; the prior art failed to show the pertinent prior art cannot be reasonably construed as adequately teaching the elements and features of wherein, each device is configured to determine if the organism is present in the images captured by the camera. wherein the processor is configured to receive only images from cameras showing a presence of the organism, wherein one of: determining if the organism is present comprises calculating a frame to frame change between a newly captured image and a background image or a previously captured image, or determining if the organism is present comprises detecting if there is a finite area in a newly captured image with a deviation greater than a threshold value with respect to a background image or to a previously captured image, or determining if the organism is present comprises detecting the organism in the captured images (Claim1).
Dependent claims 2-11 and 15-18 are allowable for depending on independent claim 1.
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.
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.
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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.
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/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872