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 .
Response to Amendment
The Amendment filed 08/25/2025 has been entered. Claims 1, 4-6, 8-13, 15-17, 25, 27-42 are pending in this application.
Claims 1, 5, 8, 10, 17, and 29 have been amended. Claims 2-3, 7, 14, 18-24, and 26 are cancelled. Claims 30- 42 are new.
Response to Arguments
Applicant’s arguments, see Remarks, filed 08/25/2025, with respect to Rejections under 35 U.S.C.§ 112(b) with regards to claims 8-10 have been fully considered and are persuasive. The rejection under 35 U.S.C.§ 112(b) of claims 8-10 has been withdrawn.
Applicant’s arguments with respect to claims 1, 29, 36, and 28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-5, 10, 12- 13, 15- 16, 25, 27-33, and 35-42 are rejected under 35 U.S.C. 103 as being unpatentable over Joel R. L. Ehrenkranz (US 20150304555 A1) (hereinafter Ehrenkranz) in view of Shu-Sheng Lin (US 20160004057 A1) (hereinafter Lin) further in view of Vitaly Vodyanoy (US 20050237605 A1) (hereinafter Vodyanoy):
Regarding Claim 1 Ehrenkranz teaches an apparatus for analyzing a sample ([0003] teaches an apparatus for analyzing a sample), the apparatus comprising:
a support structure, the support structure comprising a first side having a length extending along a first axis in a first direction, a second side extending along a second axis in a second direction that is perpendicular to the first direction, and a third side parallel to the second side ([0038], and Fig. 5A teaches a support structure (220) that has two perpendicular sides (first side 438, and second side 432 ) and a third side (434) that is parallel to the second side); and
a microscope assembly coupled to the support structure ([0038] teaches the housing (microscope module (430)) that is coupled to the support arm (438)), the microscope assembly comprising:
a housing ([0039] teaches the housing (sample housing (440/442)),
a lens disposed within the housing ([0029], [0055], and [0033] teach the lens and light source that are integrated into the housing), and an opening defined in the housing, the opening configured to receive at least a portion of a microscope slide ([0008], [0035], and [0040] teaches an opening for the slide),
wherein the microscope assembly is movable between a first position and a second position along the support structure ([0023] teaches the assemble moves relative to the support),
wherein the apparatus is portable and configured to couple to a portable electronic device that has a camera ([0023], [0026], and [0035] teaches a portable microscope that is attached to a mobile phone that has a camera), and
Ehrenkranz does not explicitly teach the following limitations; however, in an analogous art, Lin teaches a light source disposed within the housing ([0032] teaches an illumination module in the housing).
the microscope slide configured to receive the sample ([0036] teaches the sample is placed on the slide),
wherein the microscope assembly is configured to magnify the sample ([0032] teaches the microscope magnify the sample).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz to add the microscope magnification of Lin to improve the magnification ratio and increase the image quality of the sample (Lin (0032)).
Lin does not explicitly teach the following limitations; however, in an analogous art, Vodyanoy teaches a collimator disposed within the housing ([0072] teaches a collimator within the housing)
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the collimator and lens adjustment mechanism as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 4 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1. Ehrenkranz further teaches wherein the microscope assembly is movable to a third position between the first position and the second position, wherein the third position aligns with an optical axis of the camera ([0026] teach moving the assembly to align with the optical axis of the camera).
Regarding Claim 5 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 4. Lin further teaches wherein the housing is configured to move in the direction of the optical axis from the third position to a fourth position for fine adjustment of the lens ([0045] teaches the fine adjustment of the lens to a new position).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz to add the fine adjustment as disclosed by Lin to improve the image quality of the sample (Lin (0032)).
Regarding Claim 10 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1. Ehrenkranz further teaches an emission filter ([0033] teaches the filters).
Regarding Claim 12 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1, Lin teaches the light source comprises an illuminator ([0032] teaches an illumination module that includes a light source).
Lin does not explicitly teach the following limitations; however, in an analogous art, Vodyanoy teaches wherein the illuminator is oriented along a third axis that is parallel to the first axis and perpendicular to the optical axis ([0075], and Fig. 3 teaches the illuminator with the illumination axis perpendicular to the optical axis. The illuminator is along the axis), and wherein the collimator is oriented perpendicular to the optical axis ([0075], and Fig. 3 teach the collimator in a perpendicular orientation to the optical axis).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the collimator and illumination orientation as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 13 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 12. Vodyanoy further teaches a mirror oriented at an angle relative to the third axis and to the optical axis ([0075], and Fig. 3 teaches a the mirror that is 45 degrees relative to the optical axis).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the angled mirror as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 15 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1. Ehrenkranz further teaches the third side is movable along the first side between a first position and a second position, wherein the distance between second side and the third side is larger in the first position than in the second position ([0037]- [0038] teaches the third side (433) that is movable along the first side, and distance between the sides are adjustable for multiple positions).
Regarding Claim 16 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1. Ehrenkranz further teaches the second side and the third side are configured to releasably couple to the portable electronic device by a clamp, a clip, an adhesive, a magnet, an elastic holder, or combinations thereof ([0037]- [0038] teaches the second side (432) and the third side (433) form a clamp to hold the portable electronic device)
Regarding Claim 25 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1. Vodyanoy further teaches a darkfield stop ([0015] teaches the darkfield).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further darkfield as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 27 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1. Lin further teaches the light source comprises a diffuser ([0034] teaches the light diffuser (1017) at the light source).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz to add the fine adjustment as disclosed by Lin to improve the image quality of the sample (Lin (0032)).
Regarding Claim 28 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1. Vodyanoy further teaches an aperture configured to adjust the brightness of the light ([0069] teaches an iris diaphragm to adjust he illumination).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the illumination adjustment as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 29 Ehrenkranz teaches an apparatus for analyzing a sample ([0003] teaches an apparatus for analyzing a sample), the apparatus comprising:
a support structure, the support structure comprising a first wall extending along a first axis in a first direction and a second wall extending along a second axis in a second direction that is perpendicular to the first direction ([0038], and Fig. 5A teaches a support structure (220) that has two perpendicular sides (first side 438, and second side 432 ) and a third side (434) that is parallel to the second side), wherein the second wall is configured to couple the apparatus to a portable electronic device that has a camera ([0037]- [0038] teaches the second side (434) and the third side (432) form a clamp to hold the portable electronic device); and
a microscope assembly coupled to the support structure ([0038] teaches the housing (microscope module (430)) that is coupled to the support arm (438)), the microscope assembly comprising:
a housing ([0039] teaches the housing (sample housing (440/442));
a lens disposed within the housing ([0029], [0055], and [0033] teach the lens and light source that are integrated into the housing); and
a opening defined in the housing, the opening configured to receive at least a portion of a microscope slide ([0008], [0035], and [0040] teaches an opening for the slide),
wherein the microscope assembly is movable between a first position and a second position along the support structure ([0023] teaches the assemble moves relative to the support),
wherein the apparatus is portable ([0023], [0026], and [0035] teaches a portable microscope that is attached to a mobile phone that has a camera).
Ehrenkranz does not explicitly teach the following limitations; however, in an analogous art, Lin teaches a light source disposed within the housing ([0032] teaches an illumination module in the housing).
the microscope slide configured to receive the sample ([0036] teaches the sample is placed on the slide),
wherein the microscope assembly is configured to magnify the sample ([0032] teaches the microscope magnify the sample).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz to add the microscope magnification of Lin to improve the magnification ratio and increase the image quality of the sample (Lin (0032)).
Lin does not explicitly teach the following limitations; however, in an analogous art, Vodyanoy teaches a collimator disposed within the housing ([0072] teaches a collimator within the housing)
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the collimator and lens adjustment mechanism as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 30 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 29. Ehrenkranz further teaches the apparatus is configured to wirelessly communicate with the portable electronic device ([0043] the wireless communication of the apparatus to the electronic device).
Regarding Claim 31 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 29. Ehrenkranz further teaches wherein the portable electronic device is a smart phone or a tablet ([0008] teaches the portable device as a smart phone or a tablet).
Regarding Claim 32 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 29. Vodyanoy further teaches an aperture configured to adjust the brightness of the light ([0069] teaches an iris diaphragm to adjust he illumination).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the illumination adjustment as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 33 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 29. however does not explicitly teach a darkfield stop.
However, in an analogous art, Vodyanoy teaches a darkfield stop ([0015] teaches the darkfield).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further darkfield as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 35 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 29. Ehrenkranz further teaches the microscope assembly further comprises an adjusting member configured to adjust the position of the lens relative to the first axis and the second axis within the housing of the microscope assembly ([0023] teaches the adjusting member that adjusts the lens relative to the axis).
Regarding Claim 36 Ehrenkranz teaches an apparatus for analyzing a sample ([0003] teaches an apparatus for analyzing a sample), the apparatus comprising:
a support structure ([0038] teaches the support structure), the support structure comprising:
a first side extending in a first direction, the first side comprising an opening extending in the first direction ([0028] teaches a first side that extends in a first direction),
a second side extending along in a second direction that is perpendicular to the first direction ([0038] teaches the first side (432) that extends in a second direction and perpendicular to the first side), and
a third side parallel to the second side ([0038] teaches the third side (434) that is parallel to the second side (0342)); and
a microscope assembly coupled to the support structure ([0038] teaches the housing (microscope module (430)) that is coupled to the support arm (438)), the microscope assembly comprising:
a housing ([0039] teaches the housing (sample housing (440/442)), and
a lens disposed within the housing ([0029], [0055], and [0033] teach the lens and light source that are integrated into the housing),
wherein the microscope assembly is configured to receive at least a portion of a microscope slide ([0008], [0035], and [0040] teaches an opening for the slide),
wherein a portion of the housing extends through the opening of the first side such that the microscope assembly is movable between a first position and a second position along the first side of the support structure ([0044] teaches the assemble moves relative to the support, and the housing extends through the opening),
wherein the support structure is configured to releaseably attach to a portable electronic device that has a camera ([0008], and [0037]- [0038] teaches the second side (432) and the third side (433) form a clamp to hold the portable electronic device. the portable device is a smart phone or a tablet that has a camera),
wherein the apparatus is portable ([0008] teaches the portable device as a smart phone or a tablet which are portable).
Ehrenkranz does not explicitly teach the following limitations; however, in an analogous art, Lin teaches a light source disposed within the housing ([0032] teaches an illumination module in the housing).
the microscope slide configured to receive the sample ([0036] teaches the sample is placed on the slide),
wherein the microscope assembly is configured to magnify the sample ([0032] teaches the microscope magnify the sample).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz to add the microscope magnification of Lin to improve the magnification ratio and increase the image quality of the sample (Lin (0032)).
Lin does not explicitly teach the following limitations; however, in an analogous art, Vodyanoy teaches a collimator disposed within the housing ([0072] teaches a collimator within the housing)
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the collimator and lens adjustment mechanism as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 37 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 36 Ehrenkranz further teaches the portion of the housing is configured to slide within the opening ([0008], [0035], and [0040] teaches an opening for the slide).
Regarding Claim 38 Ehrenkranz teaches A system for analyzing a sample ([0003] teaches an apparatus for analyzing a sample), the system comprising:
a microscope assembly comprising:
a housing ([0039] teaches the housing (sample housing (440/442)),
a processor disposed within the housing ([0063] teaches the smart phone that is attached to the apparatus that has the processor),
a slot defined in the housing, the slot configured to receive at least a portion of a microscope slide ([0008], [0035], and [0040] teaches an opening for the slide); and
a camera configured to capture an image of a magnified sample ([0023], [0026], and [0035] teaches a portable microscope that is attached to a mobile phone that has a camera),
wherein the system is portable ([0023], [0026], and [0035] teaches a portable microscope that is attached to a mobile phone that has a camera).
Ehrenkranz does not explicitly teach the following limitations; however, in an analogous art, Lin teaches a light source, an illuminator, disposed within the housing ([0032] teaches an illumination module in the housing).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz to add the microscope magnification of Lin to improve the magnification ratio and increase the image quality of the sample (Lin (0032)).
Lin does not explicitly teach the following limitations; however, in an analogous art, Vodyanoy teaches a lens assembly comprising a plurality of lenses, and a collimator within the housing ([0072] teaches multiple lenses and a collimator within the housing)
an adjusting member configured to adjust the position of a lens of the plurality of lenses within the housing of the microscope assembly ([0072] teaches the adjusting mechanism for adjusting the lenses).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the collimator and lens adjustment mechanism as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 39 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 38. Ehrenkranz further teaches a portable electronic device, the portable electronic device comprising the camera ([0023], [0026], and [0035] teaches a portable microscope that is attached to a mobile phone that has a camera).
Regarding Claim 40 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 38. Vodyanoy further teaches the illuminator is offset from an optical axis (Fig.2, and Fig. 3 teaches the illuminator being offset from the optical axis)
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the illuminator location as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 41 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 38. Vodyanoy further teaches the microscope assembly is configured to illuminate the sample via at least two of epi-illumination, transillumination, oblique illumination, light- guided illumination, fluorescent illumination, or UV illumination ([0013] teaches a light guide (34), and a light source that uses UV light).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add the illumination types as disclosed by Vodyanoy to improve the resolution of the image (Vodyanoy [0003]).
Regarding Claim 42 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 38. Ehrenkranz further teaches wherein the microscope slide is movable relative to an optical axis to at least partially focus the sample ([0029] teaches the adjustment of the slide holder to improve the focus of the image).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Joel R. L. Ehrenkranz (US 20150304555 A1) (hereinafter Ehrenkranz) in view of Shu-Sheng Lin (US 20160004057 A1) (hereinafter Lin) in view of Vitaly Vodyanoy (US 20050237605 A1) (hereinafter Vodyanoy) further in view of Tommaso Fellin (US 20180307029 A1) (hereinafter Fellin):
Regarding Claim 6 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 5, however does not explicitly teach a motor configured to move the microscope assembly along the support structure.
However, in an analogous art, Fellin teaches a motor configured to move the microscope assembly along the support structure ([0061] teaches a motor that moves the microscope along the support).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin and Vodyanoy to further add the adjustment using a motor as disclosed by Fellin to improve the operation of the microscope (Fellin [0060]).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Joel R. L. Ehrenkranz (US 20150304555 A1) (hereinafter Ehrenkranz) in view of Shu-Sheng Lin (US 20160004057 A1) (hereinafter Lin) in view of Vitaly Vodyanoy (US 20050237605 A1) (hereinafter Vodyanoy) further in view of Gary Greenberg (US 20180192030 A1) (hereinafter Greenberg):
Regarding Claim 8 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1. however does not explicitly teach the collimator is oriented along the optical axis and disposed between the first side of the support structure and the light source.
However, in an analogous art, Greenberg teaches the collimator is oriented along the optical axis and disposed between the first side of the support structure and the light source ([0053] and Fig. 5 teaches a collimator lens that is along the optical axis, that is located between the illumination source (53) and the housing (support structure)).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin and Vodyanoy to further add the collimator alignment with the illumination as disclosed by Greenberg to improve the illumination of the specimen (Greenberg [0014]).
Regarding Claim 9 Ehrenkranz in view of Lin and Greenberg teach the apparatus of claim 8. Lin further teaches a polarizer ([0043] teaches a polarizer).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz to add the fine adjustment as disclosed by Lin to improve the image quality of the sample (Lin (0032)).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Joel R. L. Ehrenkranz (US 20150304555 A1) (hereinafter Ehrenkranz) in view of Shu-Sheng Lin (US 20160004057 A1) (hereinafter Lin) in view of Vitaly Vodyanoy (US 20050237605 A1) (hereinafter Vodyanoy) further in view of Takashi Futami (US 20200073109 A1) (hereinafter Futami):
Regarding Claim 11 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 5, however does not explicitly teach an LED light that radially surrounds at least a portion of the lens.
However, in an analogous art, Futami teaches an LED light that radially surrounds at least a portion of the lens ([0123] teaches the LED ring light surrounding the lens).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin and Vodyanoy to further add the illumination ring as disclosed by Futami to improve the illumination of the specimen (Futami [0186]).
Claims 17, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Joel R. L. Ehrenkranz (US 20150304555 A1) (hereinafter Ehrenkranz) in view of Shu-Sheng Lin (US 20160004057 A1) (hereinafter Lin) in view of Vitaly Vodyanoy (US 20050237605 A1) (hereinafter Vodyanoy) further in view of Stuart Martin (US 20160097769 A1) (hereinafter Martin):
Regarding Claim 17 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 1, however does not explicitly teach the microscope slide is a microfluidic slide comprises at least one well, an inlet, and an outlet.
However, in an analogous art, Martin teaches the microscope slide is a microfluidic slide comprises at least one well, an inlet, and an outlet ([0200]- [0201] teaches microfluidic slide with a well)
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add slide properties as disclosed by Martin to improve microscopic detection (Martin (0017)).
Regarding Claim 34 Ehrenkranz in view of Lin and Vodyanoy teach the apparatus of claim 33, however does not explicitly teach the microscope slide is a microfluidic slide comprising at least one well, an inlet, and an outlet.
However, in an analogous art, Martin teaches the microscope slide is a microfluidic slide comprising at least one well, an inlet, and an outlet ([0200]- [0201] teaches microfluidic slide with a well)
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the handheld digital imaging device as disclosed by Ehrenkranz in view of Lin to further add slide properties as disclosed by Martin to improve microscopic detection (Martin (0017)).
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 MAHMOUD KAMAL ABOUZAHRA whose telephone number is (703)756-1694. The examiner can normally be reached M-F 7:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie Atala can be reached at (571) 272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHMOUD KAMAL ABOUZAHRA/Examiner, Art Unit 2486
/JAMIE J ATALA/Supervisory Patent Examiner, Art Unit 2486