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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant's arguments filed 05/12/2026 have been fully considered but they are not persuasive.
With regard to the applicant arguments that Riedmann (DE 102004058833 A1) herein after referred to as D1 does not teach or describe:
Two wedge shaped plates with changeable tilt angles and the amendments to the claim that distinguish the first and second plate.
The examiner respectfully disagrees:
firstly, the limitations speak to a “tilted angle” and “coordination” but lack verbiage to describe actively moving them, it mentions that the plates are tilted with respect to an axis, and that the angles of tilt of both plates are coordinated, but this could be interpreted to mean that the tilt angles are prechosen and coordinated to work for the desired system. As such it is believed that the prior art (D1) is proper and still reads on the limitations as they have been presented, including the distinction of first and second plates, i.e. 4 and 5 in the present system of D1. Further Farbach (US 20190258052) which has been relied upon as supporting art for dependent claims teaches in figure 3C, two tiltable wedge-shaped plates and could be relied upon in combination with D1 to provide the system with variability.
As such the current rejection is believed to be proper and has been restated below to include any amendments to the claims.
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) 1-3, 5-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riedmann (DE 102004058833 A1) herein after referred to as D1.
With regard to claim 1, D1 teaches a beam splitter assembly for being arranged in a non-collimated part of a beam path of a microscope ([0009]), in at least (Fig.; [0001-0002], [0010-0018]); the assembly comprising: a first plate (1), which is tilted with respect to an optical axis (Fig.; arrow) by a tilting angle ([0017]-[0018], [0022]) of the first plate, and a second plate (5) (5), which is tilted with respect to the optical axis (Fig.; arrow) by a tilting angle ([0017]-[0018], [0022]) of the second plate, wherein the first plate (1) and/or the second plate (5) serve(s) for coupling radiation (2) in and/or out, wherein a wedge angle of the first plate (1), a wedge angle of the second plate (5) and the tilting angle ([0017]-[0018], [0022]) of the second plate (5) are coordinated ([0014]) with one another in such a way that an astigmatism ([0011]) on the optical axis (Fig.; arrow) and a linear field dependence of the astigmatism ([0011]) in an object field are corrected ([0004]-[0005]).
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the wedge angle of the first plate (1), the wedge angle of the second plate (5) and the tilting angle ([0017]-[0018], [0022]) of the second plate (5) are coordinated ([0014]) with one another in such a way that a lateral chromatic aberration ([0004]-[0005]) on the optical axis (Fig.; arrow) is also corrected ([0004]-[0005]).
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the position of the second plate (5) on the optical axis (Fig.; arrow) is chosen such that coma and/or the lateral chromatic aberration ([0004]-[0005]) over the object field is/are minimized.
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) and/or the second plate (5) is/are a neutral-beam splitter ([0011]-[0014]) or are in each case neutral-beam splitters ([0011]-[0014]).
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 1, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) and/or the second plate (5) is/are a 50:50 neutral-beam splitter ([0011]-[0014]) or are in each case 50:50 neutral-beam splitters ([0011]-[0014]).
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 1, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) and/or the second plate (5) is/are a chromatic beam splitter ([0022]) or are in each case chromatic beam splitters ([0022]).
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 1, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) and/or the second plate (5) is/are a polarization beam splitter ([0022]) or are in each case polarization beam splitters ([0022]).
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 1, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) and/or the second plate (5) is/are a chromatically corrected ([0004]-[0005]) double wedge or are in each case chromatically corrected ([0004]-[0005]) double wedges.
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 1, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) is tilted relative to the optical axis (Fig.; arrow) by an angle in the range between 30 and 70° ([0017]-[0018], [0022]).
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein a wedge angle of the first plate (1) is in the range between 0 arc minutes and 30 arc minutes ([0018]).
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the second plate (5) is tilted relative to the optical axis (Fig.; arrow) in the opposite direction to the first plate (1).
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the second plate (5) is tilted relative to the optical axis (Fig.; arrow) by an angle in the range between 200 and 600 ([0017]-[0018], [0022]).
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein a wedge angle of the second plate (5) is in the range between 0 arc minutes and 60 arc minutes ([0018]).
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) and/or the second plate (5) has or have a plate thickness of between 0.5 mm and 20 mm ([0011]).
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 1, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); in which, for a given distance of the first plate (1) from the second plate (5) on the optical axis (Fig.; arrow) and a given tilting angle ([0017]-[0018], [0022]) of the first plate (1) relative to the optical axis (Fig.; arrow), the wedge angle of the first plate (1), the wedge angle of the second plate (5) and the tilting angle ([0017]-[0018], [0022]) of the second plate (5) are varied until the astigmatism ([0011]) on the optical axis (Fig.; arrow) and a linear field dependence of the astigmatism ([0011]) in an object field are corrected ([0004]-[0005]).
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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the wedge angle of the first plate (1), the wedge angle of the second plate (5) and a tilting angle ([0017]-[0018], [0022]) of the second plate (5) are varied until the lateral chromatic aberration ([0004]-[0005]) on the optical axis (Fig.; arrow) is corrected ([0004]-[0005]).
With regard to claim 18, 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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein a position of the second plate (5) on the optical axis (Fig.; arrow) is varied in order to minimize coma and/or the lateral chromatic aberration ([0004]-[0005]) over the object field.
With regard to claim 19, 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 an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); an illumination beam path (2) and a detection beam path (3) in which there is at least one beam splitter (1 and 5) assembly in the illumination beam path (2) and/or in the detection beam path (3) included in a microscope ([0009]).
With regard to claim 20, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 19, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) and/or the second plate (5) of the beam splitter assembly serves or serve for coupling radiation (2) in and/or out.
With regard to claim 21, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 19, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) of the beam splitter assembly is arranged upstream of the second plate (5) in the detection beam path.
With regard to claim 22, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 19, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the beam splitter assembly is arranged between a tube lens (6) and an intermediate image plane (probe).
With regard to claim 23, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 19, wherein D1 further teaches an optical arrangement for a microscope, in at least (Fig.; [0001-0002], [0010-0018]); wherein the first plate (1) and/or the second plate (5) of the beam splitter assembly is or are at a distance from an intermediate image plane of between 30 mm and 200 mm ([0019]).
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.
Claim(s) 4, 24, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riedmann (DE 102004058833 A1) herein after referred to as D1 as applied to claim 1 and 19 above, and further in view of Fahrbach (US 20190258052) herein after referred to as D2.
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 does not expressly disclose an optical arrangement for a microscope, wherein the first plate and/or the second plate consists in volume of a homogeneous material with a single refraction index or each consists of a homogeneous material with a single refraction index.
However, in a related endeavor, D2 teaches a microscope, in at least (fig. 3B, [0045], [0055], [0056]); wherein the first plate (51, 53) and/or the second plate (89) consists in volume of a homogeneous material with a single refraction index ([0045], [0055], [0056]) or each consists of a homogeneous material with a single refraction index ([0045], [0055], [0056]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the refractive materials of D2 for the purpose of better controlling the desired wavelength of light in the microscope system.
With regard to claim 24, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 19, wherein D1 does not expressly disclose an optical arrangement for a microscope, wherein a numerical aperture in an intermediate image is less than or equal to 0.1.
However, in a related endeavor, D2 teaches a microscope, in at least (fig. 3B); wherein a numerical aperture NA in the intermediate image is less than or equal to 0.1 ([0121]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the numerical aperture of D2 for the purpose of better controlling the image viewable distance within the constraints of the image system.
With regard to claim 25, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 19, wherein D1 does not expressly disclose an optical arrangement for a microscope, wherein D1 does not expressly disclose an optical arrangement for a microscope, wherein an image diameter of the intermediate image downstream from a tube lens is 2 mm to 40 mm.
However, in a related endeavor, D2 teaches a microscope, in at least (fig. 3B); wherein an image diameter of the intermediate image downstream from a tube lens is 2 mm to 40 mm ([0003]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the image diameter of D2 for the purpose of better controlling the image viewable distance within the constraints of the image system.
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 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 GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
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, 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.
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.
/GRANT A GAGNON/ Examiner, Art Unit 2872
/BUMSUK WON/ Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights