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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 0424/2026 was filed before the mailing date of the final action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 4, 7, 9-18, 24, 37, and 49-50 are rejected under 35 U.S.C. 103 as being unpatentable over Rhodes et al (US20200041387A1 published 02/06/2020; hereinafter Rhodes) in view of Yuan et al (CN111504686A published 08/07/2020; hereinafter Yuan).
Regarding claim 1, Rhodes teaches a microtomy system comprising:
a tissue chuck configured to accept a tissue block (a moving platform of a positioner 402 holding a tissues block 401 – Figs. 4A-C);
a microtome blade (a knife 408 – Figs. 4A-C) configured to remove one or more tissue sections from the tissue block (the knife 408 slices the tissue block 401 – Figs. 4A-C and paragraph 50), the microtome blade being axially offset from the tissue chuck along a horizontal axis (the knife 408 and the tissue block 401 are offset on a horizontal axis – Figs. 4A-C and paragraph 50), wherein the microtome blade and the tissue chuck are axially displaceable relative to one another along the horizontal axis (the knife 408 and the tissue block 401 movable relative to the horizontal axis – Figs. 4A-C and paragraph 50);
a control system (central computer or cluster of computers – paragraph 39) configured to receive information indicative of a relative axial location of the microtome blade to the tissue chuck along the horizontal axis (Each positioner receives a signal from a driver and controller, which receive their signals from a central computer or cluster of computers – paragraphs 37 and 39), and to use a control loop (One or more electronic controllers coordinate movement in in an open-loop manner, or closed-loop – paragraph 56) to control the relative axial location of the microtome blade to the tissue chuck (A positioner may enable free motion or may include motors or actuators to cause motion along the known path in response to signals from a human operator or electronic controller – paragraph 29), based on the information indicative of the relative axial location of the microtome blade to the tissue chuck along the horizontal axis (in the initial phase of a section capture cycle the applicator 406 and knife 408 advance toward the tissue block 401 along the horizontal axis – Fig. 4B and paragraph 53) (the knife 408 advance toward the tissue block 401 from signals from electronic controllers, and is therefore deemed to move “based on the information indicative of the relative axial location”), such that the one or more tissue sections have a desired thickness (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – paragraph 56).
However, Rhodes does not teach one or more sensors configured to detect a force applied to the tissue block from the microtome blade; and wherein the information indicative of the relative axial location of the microtome blade to the tissue chuck along the horizontal axis comprises the force applied to the tissue block from the microtome blade received from the one or more sensors.
Yuan teaches a tissue cutting system comprising one or more sensors configured to detect a force applied to the tissue block from the microtome blade (a sensor for real-time detection of the cutting force on the sample – paragraph 8); and
wherein the information indicative of the relative axial location of the microtome blade to the tissue chuck (The positioning submodule is used to determine the coordinates of the starting contact point based on the magnitude of the cutting force – paragraph 14) along the horizontal axis comprises the force applied to the tissue block from the microtome blade received from the one or more sensors (The controller is used to adjust the starting point of the next cutting layer according to the cutting force monitored by the sensor – paragraph 8). Yuan teaches to use a force sensor while cutting to detect the contour of the tissue to shorten cutting time and improving cutting efficiency (paragraph 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the computer, as taught by Rhodes, with the force sensor and position submodule, taught by Yuan, to shorten cutting time and improving cutting efficiency. One of ordinary skill would have expected that this modification could have been performed with a reasonable expectation of success because Rhodes and Yuan both teach devices for cutting tissue samples.
Regarding claim 4, Rhodes, modified by Yuan, teaches the microtomy system of claim 1 further comprising:
an axial actuator (a positioner 402 comprising linear actuators such as linear motors, rotary motors – Rhodes paragraph 51 and Figs. 4A-D) coupled the tissue chuck to axially displace the tissue chuck (the positioner 402 moves the tissue block 401 and moving platform – Rhodes paragraph 51 and Figs. 4A-D),
wherein the control system is configured to actuate the axial actuator to displace the tissue chuck as a function of the relative axial location of the microtome blade to the tissue chuck (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – Rhodes paragraph 56).
Regarding claim 7, Rhodes, modified by Yuan, the microtomy system of claim 1, wherein the one or more sensors comprise one or more force sensors (a sensor for real-time detection of the cutting force on the sample – Yuan paragraph 8), wherein the one or more force sensors are positioned on the tissue chuck and configured to determine the force applied to the tissue block from the microtome blade (force sensor is capable of being positioned on the chuck and used to determine a force on the tissue block – Yuan paragraph 8).
Regarding claim 9, Rhodes, modified by Yuan, teaches the microtomy system of claim 1, further comprising an actuator (a positioner 402 comprising linear actuators such as linear motors, rotary motors – Rhodes paragraph 39 and Figs. 4A-D), in communication with the control system, configured to displace the tissue chuck along a vertical axis (the positioner 402 which may be called a sample block holder 402 – Rhodes paragraph 51, 56 and Figs. 4A-D).
Regarding claim 10, Rhodes, modified by Yuan, teaches the microtomy system of claim 9, wherein the actuator is coupled to a leadscrew (rotary motors coupled to transmission screws – Rhodes paragraph 51) via a non-rigid system configured to decouple the leadscrew from the actuator (a rotary solenoids, a cam, or a linkage transmission capable of decoupling the rotary motor – Rhodes paragraph 51) .
Regarding claim 11, Rhodes, modified by Yuan, teaches the microtomy system of claim 1, further comprising an actuator (a positioner 402 comprising linear actuators such as linear motors, rotary motors – Rhodes paragraph 39 and Figs. 4A-D), in communication with the control system, configured to displace the tissue chuck along the horizontal axis (the positioner 402 which may be called a sample block holder 402 – Rhodes paragraph 51, 56 and Figs. 4A-D), wherein the control loop controls the actuator to displace the tissue chuck along the horizontal axis such that the one or more tissue sections have a desired thickness (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – Rhodes paragraph 56).
Regarding claim 12, Rhodes, modified by Yuan, teaches the microtomy system of claim 1, further comprising an actuator (a positioner 402 comprising linear actuators such as linear motors, rotary motors capable of moving the tissue block 401 vertically – Rhodes paragraph 39 and Figs. 4A-D), in communication with the control system, configured to displace the tissue chuck along a vertical axis (the positioner 402 which may be called a sample block holder 402 – Rhodes paragraph 51, 56 and Figs. 4A-D), wherein the control loop controls the actuator to displace the tissue chuck along the vertical axis such that the one or more tissue sections have a desired thickness (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – Rhodes paragraph 56).
Regarding claim 13, Rhodes, modified by Yuan, teaches the microtomy system of claim 1, further comprising:
a first actuator (linear actuators such as linear motors, rotary motors of the positioner 402 – Rhodes paragraph 51), in communication with the control system, configured to displace the tissue chuck along the horizontal axis (Two or more positioners may be combined, for example by using one positioner to move multiple components in the same direction, or in different directions by way of a multi-axis positioning stage – Rhodes paragraph 51); and
a second actuator (a moving platform of the positioner 402 – paragraph 39 and Figs. 4A-D), in communication with the control system, configured to displace the tissue chuck along a vertical axis (the sample block 401 moves vertically – Rhodes Figs. 4A-D), wherein the control loop controls the first actuator to displace the tissue chuck along the horizontal axis and the second actuator to displace the tissue chuck along the vertical axis such that the one or more tissue sections have a desired thickness (Each positioner receives a signal from a driver and controller, which receive their signals from a central computer or cluster of computers – Rhodes paragraph 39).
Regarding claim 14, Rhodes, modified by Yuan, teaches the microtomy system of claim 1 further comprising:
a first actuator (a moving platform of the positioner 402 – Rhodes paragraph 39 and Figs. 4A-D), in communication with the control system (Each positioner receives a signal from a driver and controller – Rhodes paragraph 39), configured to displace the tissue chuck along a vertical axis (the sample block 401 moves vertically – Rhodes Figs. 4A-D); and
a second actuator (linear actuators such as linear motors, rotary motors of the positioner 402 – Rhodes paragraph 51), in communication with the control system (Each positioner receives a signal from a driver and controller – Rhodes paragraph 39), configured to displace the tissue chuck along the horizontal axis (Two or more positioners may be combined, for example by using one positioner to move multiple components in the same direction, or in different directions by way of a multi-axis positioning stage – Rhodes paragraph 51).
Regarding claim 15, Rhodes teaches a control system, comprising:
at least one non-transitory computer-readable storage medium (central computer or cluster of computers – Rhodes paragraph 39) having encoded thereon executable instructions that (a signal from a driver and controller, which receive their signals from a central computer or cluster of computers – Rhodes paragraph 39), when executed by at least one processor, cause the at least one processor to carry out a method comprising:
receiving information indicative of a relative axial location of a microtome blade (knife 408 – Rhodes Fig. 4A-D) to a tissue chuck (moving platform – Fig. 4A-D and paragraph 51) along a horizontal axis (return the applicator 406 and knife 408 to their initial positions – Rhodes paragraph 55 and Fig. 4D) (the computer moves the knife 408 an initial position and is deemed to read on “a relative axial location” between the knife 408 and based 403), wherein:
the microtome blade is configured to remove one or more tissue sections from a tissue block accepted in the tissue chuck (Each positioner receives a signal from a driver and controller, which receive their signals from a central computer or cluster of computers – Rhodes paragraphs 37 and 39); and
the microtome blade and the tissue chuck are axially displaceable relative to one another along the horizontal axis (the knife 408 and the tissue block 401 displaceable relative to each other along the horizontal axis – Rhodes Figs. 4A-D and paragraph 50); and
using a control loop to control the relative axial location of the microtome blade to the tissue chuck such that the one or more tissue sections have a desired thickness (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – Rhodes paragraph 56).
However, Rhodes does not teach the information indicative of the relative axial location of a microtome blade to the tissue chuck along a horizontal axis comprises a force applied to the tissue block from the microtome blade, and using a control loop to control the relative axial location of the microtome blade to the tissue chuck, based on based on the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck.
Yuan teach the information indicative of the relative axial location of a microtome blade to the tissue chuck along a horizontal axis comprises a force applied to the tissue block (The positioning submodule is used to determine the coordinates of the starting contact point based on the magnitude of the cutting force – paragraph 14) from the microtome blade, and using a control loop to control the relative axial location of the microtome blade to the tissue chuck, based on based on the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck (The controller is used to adjust the starting point of the next cutting layer according to the cutting force monitored by the sensor – paragraph 8). Yuan teaches to use a force sensor while cutting to detect the contour of the tissue to shorten cutting time and improving cutting efficiency (paragraph 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the computer, as taught by Rhodes, with the force sensor and position submodule, taught by Yuan, to shorten cutting time and improving cutting efficiency. One of ordinary skill would have expected that this modification could have been performed with a reasonable expectation of success because Rhodes and Yuan both teach devices for cutting tissue samples.
Regarding claim 16, Rhodes, modified by Yuan, teaches the control system of claim 15, wherein the method further comprises: receiving the relative axial location of the microtome blade to the tissue chuck from one or more position sensors (encoders, speed, or position sensors – Rhodes paragraph 56) configure to collect information indicative of the relative axial location (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – Rhodes paragraph 56); and controlling an actuator to displace the tissue chuck along the horizontal axis (Each positioner receives a signal from a driver and controller, which receive their signals from a central computer – Rhodes paragraph 39).
Regarding claim 17, Rhodes, modified by Yuan, teaches the control system of claim 16, wherein the one or more position sensors (position sensors – Rhodes paragraph 56) are configured to measure (sensors for other aspects of method automation also connect, optionally via drivers and controllers, to a computer or cluster – Rhodes paragraph 39) an axial location of the tissue chuck and an axial location of the microtome blade along the horizontal axis (position sensors, controlled by the computer, is capable of measuring locations and is deemed to read on “configured to measure axial location” of the knife and moving platform – Rhodes Fig. 4A-D).
Regarding claim 18, Rhodes, modified by Yuan, teaches the control system of claim 15, wherein the method further comprises actuating an axial actuator (a positioner 402 comprising linear actuators such as linear motors, rotary motors – Rhodes paragraph 51 and Figs. 4A-D) coupled to the tissue chuck to displace the tissue chuck as a function of the relative axial location of the microtome blade to the tissue chuck (the motion of one or more positioners may be nonlinear, such as rotary solenoids, or indirectly linked to an actuator, such as by a cam or linkage transmission – Rhodes Figs. 4A-D and paragraph 51).
Regarding claim 24, Rhodes teaches a microtomy system, comprising:
one or more position sensors (encoders, speed, or position sensors – paragraph 56) configured to collect information indicative of a relative axial location along a horizontal axis of a microtome blade to a tissue chuck (Similarly, valves and sensors for other aspects of method automation also connect, optionally via drivers and controllers, to a computer or cluster – paragraph 39), wherein:
the microtome blade is configured to remove one or more tissue sections from a tissue block (a knife 408 cuts a tissue block 401 – Figs. 4A-D), the microtome blade being axially offset from the tissue chuck along the horizontal axis (the knife 408 is horizontally offset from the tissue block 401 – Figs. 4A-D); and
the microtome blade and the tissue chuck are axially displaceable relative to one another along the horizontal axis (the knife 408 and the tissue block 401 move relative to each other horizontally – Figs. 4A-D); and
a control system configured to receive information indicative of a relative axial location of the microtome blade to the tissue chuck along the horizontal axis (Each positioner receives a signal from a driver and controller, which receive their signals from a central computer or cluster of computers – paragraphs 37 and 39), and to use a control loop to control the relative axial location of the microtome blade to the tissue chuck such that the one or more tissue sections have a desired thickness (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – paragraph 56).
However, Rhodes does not teach the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck comprises a force applied to the tissue block from the microtome blade; and a control system configured to receive, from the one or more force sensors, use a control loop to control the relative axial location of the microtome blade to the tissue chuck, based on the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck.
Yuan teaches the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck (The positioning submodule is used to determine the coordinates of the starting contact point based on the magnitude of the cutting force – paragraph 14) comprises a force applied to the tissue block from the microtome blade (a sensor for real-time detection of the cutting force on the sample – paragraph 8); and a control system configured to receive, from the one or more force sensors, use a control loop to control the relative axial location of the microtome blade to the tissue chuck, based on the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck (The controller is used to adjust the starting point of the next cutting layer according to the cutting force monitored by the sensor – paragraph 8). Yuan teaches to use a force sensor while cutting to detect the contour of the tissue to shorten cutting time and improving cutting efficiency (paragraph 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the computer, as taught by Rhodes, with the force sensor and position submodule, taught by Yuan, to shorten cutting time and improving cutting efficiency. One of ordinary skill would have expected that this modification could have been performed with a reasonable expectation of success because Rhodes and Yuan both teach devices for cutting tissue samples.
Regarding claim 37, Rhodes teaches a microtomy system for controlling tissue section thickness, the microtomy system comprising:
a tissue chuck configured to accept a tissue block (a moving platform of a positioner 402 holding a tissues block 401 – Figs. 4A-C);
a microtome blade (a knife 408 – Figs. 4A-D) configured to remove one or more tissue sections from the tissue block (the knife 408 slices the tissue block 401 – Figs. 4A-D), the microtome blade being axially offset from the tissue chuck along a horizontal axis (the knife 408 is offset from the tissue block 401 – Figs. 4A-D), wherein the microtome blade and the tissue chuck are axially displaceable relative to one another along the horizontal axis (the knife 408 moves towards the tissue block 401 – Figs. 4A-D);
one or more sensors (encoders, speed, or position sensors – paragraph 56) configured to collect information indicative of a relative axial location along the horizontal axis of the microtome blade to the tissue chuck (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – paragraph 56);
an actuator (a positioner 402 – Figs. 4A-D) configured to displace the tissue chuck along the horizontal axis (using one positioner to move multiple components in the same direction, or in different directions by way of a multi-axis positioning stage – paragraph 51, 56 and Figs. 4A-D); and
a control system (central computer or cluster of computers – paragraph 39) configured to receive information indicative of a relative axial location of the microtome blade to the tissue chuck along the horizontal axis (Each positioner receives a signal from a driver and controller, which receive their signals from a central computer or cluster of computers – paragraphs 37 and 39, and to use a control loop to control the relative axial location of the microtome blade to the tissue chuck such that the one or more tissue sections have a desired thickness (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – paragraph 56).
However, Rhodes does not teach use a control loop to control the relative axial location of the microtome blade to the tissue chuck, based on the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck, wherein the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck comprises a force applied to the tissue block from the microtome blade collected by the one or more sensors.
Yuan teaches use a control loop to control the relative axial location of the microtome blade to the tissue chuck, based on the information indicative of the relative axial location along the horizontal axis of the microtome blade to the tissue chuck (The positioning submodule is used to determine the coordinates of the starting contact point based on the magnitude of the cutting force – paragraph 14), wherein the information indicative of the relative axial location along the horizontal axis of the microtome blade (The controller is used to adjust the starting point of the next cutting layer according to the cutting force monitored by the sensor – paragraph 8) to the tissue chuck comprises a force applied to the tissue block from the microtome blade collected by the one or more sensors (a sensor for real-time detection of the cutting force on the sample – paragraph 8). Yuan teaches to use a force sensor while cutting to detect the contour of the tissue to shorten cutting time and improving cutting efficiency (paragraph 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the computer, as taught by Rhodes, with the force sensor and position submodule, taught by Yuan, to shorten cutting time and improving cutting efficiency. One of ordinary skill would have expected that this modification could have been performed with a reasonable expectation of success because Rhodes and Yuan both teach devices for cutting tissue samples.
Regarding claim 49, Rhodes, modified by Yuan, the microtomy system of claim 1, wherein the force applied to the tissue block from the microtome blade comprises at least one of:
time-series data of the force applied to the tissue block from the microtome blade (a sensor for real-time detection of the cutting force on the sample – Yuan paragraph 8); or
frequency-domain data of the force applied to the tissue block from the microtome blade.
Regarding claim 50, Rhodes, modified by Yuan, the microtomy system of claim 1, wherein the force applied to the tissue block from the microtome blade comprises at least one of:
a maximum cutting force applied to the tissue block during one or more cutting strokes of the microtome blade (a sensor for real-time detection of the cutting force on the sample – Yuan paragraph 8);
an average cutting force applied to the tissue block during one or more cutting strokes of the microtome blade; or
a minimum cutting force applied to the tissue block during one or more cutting strokes of the microtome blade (a sensor for real-time detection of the cutting force on the sample – Yuan paragraph 8).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Rhodes, modified by Yuan, in view of Ito et al (US20090137028A1 published 05/28/2009; hereinafter Ito).
Regarding claim 2, Rhodes, modified by Yuan, teaches the microtomy system of claim 1 further comprising:
an optical sensor (frame capture may be triggered by signals from an optical sensor – paragraph 97),
an actuator (a positioner 402 comprising linear actuators such as linear motors, rotary motors – paragraph 51), in communication with the control system, configured to displace the tissue chuck along the horizontal axis (using one positioner to move multiple components in the same direction, or in different directions by way of a multi-axis positioning stage – paragraph 51, 56 and Figs. 4A-D) based on the information indicative of the relative axial location of the microtome blade to the tissue chuck along the horizontal axis (One or more electronic controllers may coordinate the movement of actuators necessary to carry out this sequence of steps, in an open-loop manner, or closed-loop with the help of encoders, speed, or position sensors – paragraph 56).
However, Rhodes does not teach one or more optical sensors configured to measure the axial location of the microtome blade relative to the tissue chuck along the horizontal axis and to communicate the axial location to the control system, wherein the information indicative of the relative axial location of the microtome blade to the tissue chuck along the horizontal axis further comprises the axial location of the tissue chuck relative to the microtome blade along the horizontal axis measured by the one or more optical sensors.
Ito teaches a tissue cutting device comprising one or more optical sensors (The position sensor 81 is, for example, an optical sensor for detecting a position, and outputs the measurement result to the controller 82 – paragraph 96) configured to measure the axial location of the microtome blade relative to the tissue chuck along the horizontal axis and to communicate the axial location to the control system (outputs the measurement result to the controller 82 – paragraph 96), wherein the information indicative of the relative axial location of the microtome blade to the tissue chuck along the horizontal axis further comprises the axial location of the tissue chuck relative to the microtome blade along the horizontal axis measured by the one or more optical sensors (upon receiving a signal from the position sensor 81, the signal indicating a state that the embedded block B is located at the standby position – paragraph 96 and Fig. 1) (the examiner points out that the standby position is a relative position between the fixed table 10 and the cutting blade 12; see Fig. 1). Ito teaches to use the position sensor 81 to determine whether the embedded block B is located at the standby position (paragraph 96).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system, as taught by Rhodes as modified by Yuan, with the optical position sensor, taught by Ito, to gain the ability to determine whether the embedded block is located at a predetermined position. One of ordinary skill would have expected that this modification could have been performed with a reasonable expectation of success because Rhodes, Yuan, and Ito teach tissue cutting devices.
Claims 5-6 is rejected under 35 U.S.C. 103 as being unpatentable over Rhodes, modified by Yuan, in view of Chen et al (US20170122844A1 published 05/04/2017; hereinafter Chen).
Regarding claim 5, Rhodes, modified by Yuan, teaches the microtomy system of claim 1.
However, Rhodes, modified by Yuan, does not teach a series of elastic actuators for clamping the microtome blade that has an anisotropic structure so that it can provide high clamping forces on the microtome blade and conform to an opposing clamping plate - blade system in another direction, while dissipating energy to passively control vibrations of the microtome blade.
Chen teaches a microtome with a flexure drive comprising a series of elastic actuators (flexure F2 and flexure F1 – Fig. 3A) for clamping the microtome blade that has an anisotropic structure (flexure F2 and flexure F1 have different stiffnesses in difference directions – Fig. 3A and paragraph 12) so that it can provide high clamping forces on the microtome blade and conform to an opposing clamping plate - blade system in another direction (first flexure configured to be compliant in the transverse direction while being stiff in the cut direction – paragraph 12), while dissipating energy to passively control vibrations of the microtome blade (oscillates the blade in the transverse direction while effectively isolating non-transverse motion from the blade – paragraph 12). Chen teaches to use a flexure drive to gain the advantage of an oscillating microtome for cutting thick sections from non-embedded or fresh tissue samples (paragraph 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the knife, as taught by Rhodes as modified by Yuan, with the flexure drive microtome, taught by Chen, to gain the oscillating microtome superior for cutting thick sections from non-embedded or fresh tissue samples. One of ordinary skill would have expected that this modification could have been performed with a reasonable expectation of success because Rhodes, Yuan, and Chen teach microtome systems from cutting tissue samples.
Regarding claim 6, Rhodes, as modified by Yuan modified by Chen, teaches the microtomy system of claim 5 further comprising:
the one or more sensors comprise one or more force sensors (a sensor for real-time detection of the cutting force on the sample – Yuan paragraph 8); and
the microtomy system further comprises an actuator (a positioner 402 comprising linear actuators such as linear motors, rotary motors – Rhodes paragraph 51 and Figs. 4A-D), in communication with the control system, configured to displace the tissue chuck (the positioner 402 moves the tissue block 401 – Rhodes paragraph 51 and Figs. 4A-D) along the horizontal axis based on the force applied to the tissue block from the microtome blade (The positioning submodule is used to determine the coordinates of the starting contact point based on the magnitude of the cutting force – Yuan paragraph 14).
Response to Arguments
Applicant’s arguments with respect to the 102/103 rejections of the claims have been considered, and the prior art rejection has been modified in order to address the amended claim language.
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 TINGCHEN SHI whose telephone number is (571)272-2538. The examiner can normally be reached M-F 9am-6pm.
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, Charles Capozzi can be reached at (571) 270-3638. 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.
/T.C.S./Examiner, Art Unit 1796
/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798
Prosecution Insights