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 .
Claim Rejections - 35 USC § 112
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.
Claim 26 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, or for failing to include all the limitations of the claim upon which it depends. Claim 26 is dependent on claim 1, drawn to the structure of a measurement system. Claim 26 does not further limit the structured of the measurement system of claim 1 because the claim only further limits the sample, the sample not being an element of the measurement system. The sample is an object intended to be operated on by the measurement system. 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.
26. (Original) The measurement system of claim 1, wherein the sample in the sample chamber includes one or more cells.
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) 1, 3-6, 11, 13, 14, 17, 20, 21,26, and 31-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lorbeer et al. (US 2014/0085623).
Lorbeer shows:
1. A measurement system comprising:
a diffusive cavity including a reflective internal surface (Para. [0036]: "An inner surface (facing towards the specimen holder) of the integrator may be a diffusely reflecting inner surface." Para. [0106]: "The reflecting surface 269 undertakes the function and action of the (diffusely reflecting) inner surface 69."), wherein the diffusive cavity includes one or more ports (Para. [0091]: "measuring aperture 72"; "an illumination aperture 270 and a transmission aperture 274");
a sample chamber located within the diffusive cavity, the sample chamber configured to hold a sample (Para. [0106]: "the specimen vessel 256 can also undertake the function and action of the integrator 68.");
a light source (Para. [0061]: "the radiation-source 18 is a laser")configured to direct measurement light into the diffusive cavity through one of the one or more ports (illumination aperture 270) of the diffusive cavity, wherein the diffusive cavity provides uniform illumination of the sample through diffusive reflection of at least one of the measurement light from the light source or scattered measurement light from the sample;
one or more detectors configured to capture light exiting at least one of the one or more ports (Para. [0071]: "detector unit 16"; "transmission photodetector 62");
a controller (Para. [0063]: "a control circuit which is not shown")
receive detection signals from the one or more detectors indicative of the scattering of the measurement light by the sample(Para. [0139]: "The process 600 for tomographic image acquisition comprises the following steps: radiating 602 a pencil beam 38 with a beam direction 40 into a (rotatable) specimen holder 14 with a view to the excitation of scattered radiation 64, non-spatially-resolved acquiring 604 of the scattered radiation 64 excited along a section of the pencil beam 38"); and
determine one or more time-varying properties of the sample based on the detection signals (tomographic image of the sample is an image property that changes with time).
Lorbeer does not show that the control circuit includes one or more processors configured to execute program instructions.
Official notice is taken that processors with program instructions were well know. Before the effective filing date of the claimed invention, it would have been obvious to use a processor with instructions in the control circuit in order to provide the ability to adjust the controls or functions with new programming.
3. The measurement system of claim 1, wherein the diffusive cavity comprises:
an integrating sphere (Para. [0036]: "the integrator may be an Ulbricht sphere").
4. The measurement system of claim 1, wherein the light source comprises:
a coherent light source (Para. [0016]: "the radiation-source may be substantially spatially coherent").
5. The measurement system of claim 1, wherein the light source comprises:
a partially coherent light source (Para. [0016]: "the radiation-source may be substantially spatially coherent").
6. The measurement system of claim 1, wherein the one or more detectors comprise:
two or more detectors (see citation given in claim 1 above).
11. The measurement system of claim 1, wherein the one or more detectors comprise:
a single detector (Para. [0029]: "The detector unit may furthermore include as a signal generator a semiconductor detector and/or a photomultiplier tube (PMT). The semiconductor detector may be a phototransistor or a photodiode, preferentially an avalanche photodiode (APD).").
13. The measurement system of claim 12, wherein at least one of the one or more detectors comprises:
a single-photon detector (Para. [0029]: "The detector unit may furthermore include as a signal generator a semiconductor detector and/or a photomultiplier tube (PMT). The semiconductor detector may be a phototransistor or a photodiode, preferentially an avalanche photodiode (APD).").
14. The measurement system of claim 1, wherein at least one of the light source or the one or more detectors are coupled to the diffusive cavity using free- space optical components (see e.g. Fig. 1).
17. The measurement system of claim 1, wherein the sample chamber comprises:
a transparent vial mounted to the reflective internal surface of the diffusive cavity (Para. [0021]: "The specimen holder may be transparent to the beam at least in one section (also designated as a "window") of the specimen holder.").
20. The measurement system of claim 1, further comprising: one or more regulators to regulate environmental conditions of the sample chamber (Para. [0067]: "In principle, a refractive index of the specimen can be adapted as an alternative or in supplement to an adaptation (each adaptation described herein) of the refractive index of the specimen environment. For techniques for adjusting the refractive index of the specimen, reference is made to EP 1 520 173 B1 (and, in particular, paragraphs [0013] ff therein).").
21. The measurement system of claim 20, wherein the one or more regulators comprise:
at least one of a temperature regulator, a pressure regulator, a humidity regulator, or an atmospheric composition regulator(Para. [0067]: "In principle, a refractive index of the specimen can be adapted as an alternative or in supplement to an adaptation (each adaptation described herein) of the refractive index of the specimen environment. For techniques for adjusting the refractive index of the specimen, reference is made to EP 1 520 173 B1 (and, in particular, paragraphs [0013] ff therein).").
26. The measurement system of claim 1, wherein the sample in the sample chamber includes one or more cells. (This claim only further limits the sample and does not provide a limitation to the measurement system. All the structural elements of claim 26 is found in the discussion of claim 1 above).
31. The measurement system of claim 1, further comprising:
one or more field generators to expose the sample to one or more external fields when determining the one or more time-varying properties of the sample based on the detection signals (Para. [0068] an electric drive creates an electric, magnetic field and noise).
32. The measurement system of claim 31, wherein the one or more field generators comprise:
at least one of an electric field generator, a magnetic field generator, or an acoustic field generator (Para. [0068] an electric drive creates an electric, magnetic field and noise).
33. The measurement system of claim 31, wherein the one or more external fields are static.
34. The measurement system of claim 31, wherein the one or more external fields are time-varying. (Para. [0068] an electric drive is not constant in use).
Claim(s) 12, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lorbeer as applied to claim 1 above, and further in view of Official notice.
As to claim 12, Lorbeer shows all the elements of claim 1 as discussed above, but does not show the use of optical fibers. Official notice is taken that optical fibers for guiding light was well known. Before the effective filing date of the claimed invention, it would have been obvious to use optical fibers to convey light from one element to another in order to provide flexibility in arranging the location of the elements.
As to claim 18, Lorbeer shows all the elements of claim 1 as discussed above, but does not show the use of ports for flow of the sample. Official notice is taken that ports were well known. Lorbeer teaches that the specimen holder is filled with a liquid (Para. [003]). Before the effective filing date of the claimed invention, it would have been obvious to use ports on the specimen hold in order to easily change, fill, and empty fluid from the specimen holder.
As to claim 19, Lorbeer shows all the elements of claim 1 as discussed above, but does not show repeated measurements. Official notice is taken that repeating measurements was well known. Before the effective filing date of the claimed invention, it would have been obvious to modify the control circuitry to repeat measurements so that measurements/images can be verified or used to reduce noise and to identify difference and changes.
Allowable Subject Matter
Claims 2, 7-10, 15, 16, 22-25, and 27-30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to show or suggest a measurement system comprising the combination of the measurement system of claim 1 with the respective limitations of claims 2, 7-10, 15, 16, 22-25, and 27-30.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hwa Andrew S Lee whose telephone number is (571)272-2419. The examiner can normally be reached Mon-Fri 9am-5:30pm.
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/Hwa Andrew Lee/Primary Examiner, Art Unit 2877
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