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 .
Information Disclosure Statement
The IDS filed to date have been considered.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krishnamachari (US 20110273768) herein after referred to as D1.
With regard to claim 1, D1 teaches A beam splitting device for separating illumination light (beam from 1)and detection light in an optical apparatus, in at least (Fig. 3, and [0006], [0026]); the beam splitting device (28) comprising: a light supply (1) configured to supply the illumination light (beam from 1) including first illumination light (beam from 1) having wavelengths ([0026]) within a first wavelength range ([0026]) and second illumination light (beam from 1) having wavelengths ([0026]) within a second wavelength range ([0026]), the first and second wavelength ranges ([0026]) being separated from each other, an acousto-optical component (Fig. 3, element 8) (Fig. 3, element 8) tunable to diffract at least one spectral component of the first illumination light (beam from 1)having a selected wavelength within the first wavelength range ([0026]) to generate at least one illumination light (beam from 1) beam of a predetermined diffraction ([0006]) order while transmitting the second illumination light (beam from 1) within the second wavelength range ([0026]) without diffraction ([0006]), and a light coupler (fig. 3, elements 12, 28, 29, 30, 31, 32, 33) configured to couple the first illumination light (beam from 1) and the second illumination light (beam from 1) from the light supply (1) into the acousto-optical component (Fig. 3, element 8) , wherein the light supply (1) is configured to supply the first illumination light (beam from 1) and the second illumination light (beam from 1) collinearly to the light coupler (fig. 3, elements 12, 28, 29, 30, 31, 32, 33), and wherein the light coupler (fig. 3, elements 12, 28, 29, 30, 31, 32, 33) is configured to spatially separate the first illumination light (beam from 1) and the second illumination light (beam from 1) for directing the spatially separated first and second illumination lights ([0015]) along different light propagation directions into the acousto-optical component (Fig. 3, element 8) .
With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the light supply (1) comprises a single optical fiber which is configured to emit the first illumination light (beam from 1) and the second illumination light (beam from 1) collinearly towards to the light coupler (fig. 3, elements 12, 28, 29, 30, 31, 32, 33).
With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the acousto-optical component (Fig. 3, element 8) is configured to transmit the detection light without diffraction ([0006]).
With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the light coupler (fig. 3, elements 12, 28, 29, 30, 31, 32, 33) comprises an optical element which is configured to reflect the first and second illumination lights ([0015]) along the different propagation directions into the acousto-optical component (Fig. 3, element 8) .
With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the light coupler (fig. 3, elements 12, 28, 29, 30, 31, 32, 33) comprises a front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) facing towards the light supply (1) and a back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) facing away from the supply, wherein the front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) comprises a first front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portion with a dichroic layer ([0014]) configured to reflect one of the first and second lights towards the acousto-optical component (Fig. 3, element 8) and to transmit the other of the first and second lights by refraction towards the back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces), wherein the back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) comprises a first back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) portion configured to reflect the other of the first and second lights back to the front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces), wherein the front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) comprises a second front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portion spatially separated from the first front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portion and configured to transmit the other of the first and second lights reflected back from the first back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) portion by refraction towards the acousto-optical component (Fig. 3, element 8) , and wherein the first back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) portion is non-parallel to at least one of the first and second front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portions.
With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the first back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) portion, comprises a reflective coating ([0021]) configured to reflect the other of the first and second lights back to the second front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portion.
With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) including the first and second front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portions is formed by a single planar surface, and wherein the first back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) portion is non-parallel to the planar front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces).
With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) including the first back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) portion is formed by a single planar surface, and wherein one of the first and second front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portions is non-parallel to the planar back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) while the other of the first and second front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portions is parallel to the planar back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces).
With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) comprises a second back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) portion which is parallel to one of the first and second front surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; front surfaces) portions.
With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the optical element is configured to transmit the detection light through surface portions of the front and back surface (fig. 3, elements 12, 28, 29, 30, 31, 32, 33; back surfaces) which are parallel to each other.
With regard to claim 11, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the light coupler (fig. 3, elements 12, 28, 29, 30, 31, 32, 33) and the acousto-optical component (Fig. 3, element 8) are adapted to each other such that the at least one diffracted illumination light (beam from 1)beam of the first illumination light (beam from 1)and the second illumination light (beam from 1)transmitted without diffraction ([0006]) emerge from the acousto-optical component (Fig. 3, element 8) collinearly or at least in parallel.
With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); comprising optics configured to alter a polarization state of at least one of the first and second illumination lights ([0015]) such that the at least one diffracted illumination beam of the first illumination light (beam from 1)and the second illumination light (beam from 1)emerge from the acousto-optical component (Fig. 3, element 8) with equal polarization states.
With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the light coupler (fig. 3, elements 12, 28, 29, 30, 31, 32, 33) and the acousto-optical component (Fig. 3, element 8) are adapted to each other to compensate for dispersion.
With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); comprising a further acousto-optical component (Fig. 3, element 8) for transmitting the detection light-W towards a detector, wherein the additional acousto-optical component (Fig. 3, element 8) is configured to compensate for a prismatic effect caused by the acousto-optical component (Fig. 3, element 8) .
With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); included in an optical apparatus.
With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 15, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the optical apparatus is a microscope ([0001]).
With regard to claim 17, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 16, wherein D1 further teaches a tunable optic, in at least (fig. 3, and [0006], [0026]); wherein the optical apparatus is a laser scanning microscope ([0001]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
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/GRANT A GAGNON/Examiner, Art Unit 2872
/BALRAM T PARBADIA/Primary Examiner, Art Unit 2872
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