DETAILED ACTION
This action is in response to application 17/978,078 filed on 10/31/2022.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
3. Applicant’s election without traverse of Species 10, represented by Figs. 39A-39B (claims 1-5, 7-8, 10-11, 13, and 17-19) in the reply filed on 03/15/2025 is acknowledged.
4. Claim 6, 9, 12, 14-16, and 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/15/2025.
Claim Rejections - 35 USC § 112
5. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
6. Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. For example, independent claim 10 recites “wherein the filter assembly comprises multiple first filters and multiple second filters”; wherein in the first position, the multiple first camera units are configured to capture images through the multiple first filters, wherein in the second position, the multiple first camera units are configured to capture images through the multiple second filters; and wherein each of the multiple first filters is configured to allow the first fluorescence signal to pass through, and wherein each of the multiple second filters is configured to allow the second fluorescence signal to pass through drawn to an otherwise definite expression extends the scope of the expression so as to render it indefinite.
Note: Dependent claims 11 and 13 are also rejected since these claims do not fix the above claim deficiency. The contexts of the claimed invention will be best understood by the examiner if the above limitations are particularly pointed out and the subject matter noted above is distinctly claimed.
Double Patenting
7. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
8. Claim 1-5, 7-8, 10-11, 13, and 17-19 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,487,097 B1.
Furthermore, although the conflicting claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No.: 11,487,097 B1claims:
Instant Application: 17/978,078
Note: bold and underlined fonts means same features between instant application and conflicting appl.
Conflicting Application: 17/159,100
→ now US Patent No.: 11,487,097 B1
Claim [1]: A microscope comprising a camera module, wherein the camera module comprises multiple camera units, wherein each camera unit of the multiple camera units is configured to capture images of an area of a sample; an illumination source, wherein the illumination source comprises one or more radiation source units configured to illuminate the sample, wherein the one or more radiation source units are configured to provide a first fluorescence excitation to the sample for emitting a first fluorescence signal, wherein the multiple camera units are configured to capture images of the sample formed by the first fluorescence signal; a controller, wherein the controller is configured to control the one or more radiation source units to generate an illumination pattern, wherein the controller is configured to control the multiple camera units to capture images under the illumination pattern, wherein the controller is configured to calculate a fluorescence property of the sample based on the captured images.
Claim [1]: A computational fluorescence microscope comprising a camera array, wherein the camera array comprises multiple first camera units configured to capture images through multiple first filters, wherein each first camera unit of the multiple first camera units is configured to capture images through a first filter of the multiple first filters; an illumination source, wherein the illumination source comprises one or more first radiation source units configured to generate first radiation through one or more second filters, wherein each first radiation source unit of the one or more first radiation source units is configured to generate first radiation through a second filter of the one or more second filters, wherein the second filter of the one or more second filters is configured to provide fluorescence excitation to a sample for the computational fluorescence microscope, which emits a first fluorescence signal passing through the first filter of the multiple first filters; a controller, wherein the controller is configured to control the one or more first radiation source units to generate a first illumination pattern, wherein the controller is configured to control the multiple first camera units to capture images of areas of the sample under the first illumination pattern, wherein the controller is configured to calculate a fluorescence property of the sample based on the captured images.
Claim [10]: A microscope comprising a camera module, wherein the camera module comprises multiple camera units, wherein each camera unit of the multiple camera units is configured to capture images of an area of a sample; a filter assembly movably coupled to the camera module, wherein the filter assembly comprises multiple first filters and multiple second filters, wherein the filter assembly is configured to move between a first position and a second position, wherein in the first position, the multiple first camera units are configured to capture images through the multiple first filters, wherein in the second position, the multiple first camera units are configured to capture images through the multiple second filters; an illumination source, wherein the illumination source comprises one or more radiation source units configured to illuminate the sample, wherein the one or more radiation source units are configured to provide first or second fluorescence excitation to the sample for emitting a first fluorescence signal or a second fluorescence signal, respectively, wherein each of the multiple first filters is configured to allow the first fluorescence signal to pass through, wherein each of the multiple second filters is configured to allow the second fluorescence signal to pass through; a controller, wherein the controller is configured to control the one or more radiation source units to generate the first fluorescence excitation to the sample for emitting the first fluorescence signal when the filter assembly is at the first position, wherein the controller is configured to control the one or more radiation source units to generate the second fluorescence excitation to the sample for emitting the second fluorescence signal when the filter assembly is at the second position, wherein the controller is configured to control the multiple camera units to capture images of the sample at the first position and at the second position, wherein the controller is configured to calculate a fluorescence property of the sample based on the captured images.
Claim [12]: A computational fluorescence microscope comprising a camera array, wherein the camera array comprises multiple first camera units configured to capture images through multiple first filters, wherein each first camera unit of the multiple first camera units is configured to capture images through a first filter of the multiple first filters, wherein the camera array comprises multiple second camera units configured to capture images through multiple second filters, wherein each second camera unit of the multiple second camera units is configured to capture images through a second filter of the multiple second filters; an illumination source, wherein the illumination source comprises one or more first radiation source units configured to generate first radiation through one or more third filters, wherein each first radiation source unit of the one or more first radiation source units is configured to generate first radiation through a third filter of the one or more third filters, wherein the third filter of the one or more third filters is configured to provide fluorescence excitation to a sample for the computational fluorescence microscope, which emits a first fluorescence signal passing through the first filter of the multiple first filters, wherein the illumination source comprises one or more second radiation source units configured to generate second radiation through one or more fourth filters, wherein each second radiation source unit of the one or more second radiation source units is configured to generate second radiation through a fourth filter of the one or more fourth filters, wherein the fourth filter of the one or more fourth filters is configured to provide fluorescence excitation to the sample, which emits a second fluorescence signal passing through the second filter of the multiple second filters; a controller, wherein the controller is configured to control at least one of the one or more first radiation source units or the one or more second radiation source units to generate one or more illumination patterns, wherein the controller is configured to control the multiple first and second camera units to capture images of areas of the sample under each of the one or more illumination patterns, wherein the controller is configured to calculate a fluorescence property of the sample based on the captured images.
Claim [17]: A microscope comprising a camera module, wherein the camera module comprises multiple camera units, wherein each camera unit of the multiple camera units is configured to capture images of an area of a sample through a first filter; an illumination source, wherein the illumination source comprises one or more radiation source units configured to illuminate the sample, wherein the one or more radiation source units are configured to provide first or second fluorescence excitation to the sample for emitting a first fluorescence signal or a second fluorescence signal, respectively, wherein the first filter is configured to allow the first and second fluorescence signals to pass through; a controller, wherein the controller is configured to capture images of the sample under a sequence of the first and second fluorescence excitation, wherein the controller is configured to calculate a fluorescence property of the sample based on the captured images.
Claim [19]: A computational fluorescence microscope comprising a camera array, wherein the camera array comprises multiple first camera units configured to capture images through multiple first filters, wherein each first camera unit of the multiple first camera units is configured to capture images through a first filter of the multiple first filters, wherein the camera array comprises multiple second camera units configured to capture images without filters; an illumination source, wherein the illumination source comprises one or more first radiation source units configured to generate first radiation through one or more second filters, wherein each first radiation source unit of the one or more first radiation source units is configured to generate first radiation through a second filter of the one or more second filters, wherein the second filter of the one or more second filters is configured to provide fluorescence excitation to a sample for the computational fluorescence microscope, which emits a first fluorescence signal passing through the first filter of the multiple first filters, wherein the illumination source comprises one or more second radiation source units configured to generate second radiation without filters; a controller, wherein the controller is configured to control at least one of the one or more first radiation source units or the one or more second radiation source units to generate one or more illumination patterns, wherein the controller is configured to control the multiple first and second camera units to capture images of areas of the sample under each of the one or more illumination patterns, wherein the controller is configured to calculate a fluorescence property and a non-fluorescence property of the sample based on the captured images.
However, examiner notes that Gerlach et al. (US Pub. No.: 2020/0300764 A1) teaches the unique limitations in the instant application regarding a microscope (see fig. 7 unit V1) comprising a camera module (see fig. 7 unit K1), wherein the camera module (see fig. 7 unit K1) comprises multiple camera units (see fig. 7 unit K1 and unit K2), wherein each camera unit of the multiple camera units (see fig. 7 unit K1 and unit K2) is configured to capture images (see fig. 7 unit SR and unit SG) of an area (see figs. 5-6, paragraphs [0163] and [0165]) of a sample (see fig. 7, e.g., “S”); an illumination source (see paragraph [0233]), wherein the illumination source (see paragraph [0233]) comprises one or more radiation source units (see fig. 7 unit FL and/or unit FL1 and/or FL2); a first fluorescence excitation (see paragraph [0159]) to the sample (see fig. 7, e.g., “S”) for emitting a first fluorescence signal (see fig. 7, e.g., “FL”, paragraph [0233]); and a controller (see paragraphs [0311] and [0313]).
Therefore, it 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 could recognize the advantage of providing a system and method for high resolution multi-fluorescence imaging by modifying Park’s teachings in the present US Patent No.: 11,487,097 B1 for the purpose of wherein each second radiation source unit of the one or more second radiation source units is configured to generate second radiation through a fourth filter of the one or more fourth filters, wherein the fourth filter of the one or more fourth filters is configured to provide fluorescence excitation to the sample, thereby improving fluorescence microscope imaging quality.
Allowable Subject Matter
9. The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-5, 7-8, 10-11, 13, and 17-19 of the instant application would be allowable provided 35 USC § 112(b) rejection and obviousness type double patenting rejections above are overcome.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Deissler et al. (US Pub. No.: 2018/0307031 A1) discloses microscope for transmitted-light and fluorescence microscopy.
Wu et al. (US Pub. No.: 2011/0284720 A1) discloses fluorescence microscopy imaging system.
Themelis (US Patent No.: 10,859,805 B2) discloses illumination system, microscope comprising an illumination system and microscope method.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Carter whose telephone number is (571)270-1220. The examiner can normally be reached on M-F 8:30 am - 5:00 pm.
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/R.B.C/Examiner, Art Unit 2485
/JAYANTI K PATEL/Supervisory Patent Examiner, Art Unit 2485
April 3, 2025