DETAILED ACTION
The amendment filed on 03/16/2026 has been entered and fully considered. Claims 1-3, 5, and 9-25 are pending., of which Claims 23-25 are newly added.
Response to Amendment
In response to amendment, the examiner maintains rejection under 35 U.S.C. 112(b), and maintains rejection over the prior art established in the previous Office 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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-3, 5 and 8-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “system is configured so that light pipe exit light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipe” renders the claim unclear and indefinite, because the recitations related to exit light rays and a diverging cone appear to require the presence of light, which would only occur during the operation of the apparatus. To the extent that the shape of the light pipe and the operational configuration of the at least one light source collaborate to form certain structural relationships that cause the light pipe to perform the function of producing a diverging cone light. The scope of the claim is ambiguous. The issue is that the metes and bounds of these structural relationships depend on how the apparatus is operated, such as the type(s) of light source(s) and how those light source(s) are oriented, to determine whether the light pipe contains a sufficient tapered construction to provide an appropriate index of refraction to produce a diverging cone of light. As a result, one of ordinary skill in the art would not be able to discern the metes and bounds of an apparatus that would meet the requirements of claim 1.
The “system is configured” encompasses “the light pipe reflecting the excitation light rays from the light source”. Therefore, the reason for 112(b) rejection is exactly the same for both interpretations, because the recitations related to exit light rays and a diverging cone appear to require the presence of light, which would only occur during the operation of the apparatus. Thus, the rejection is still deemed proper.
The same 102(b) rejection and analysis also apply to claim 2-3, 8, 10-12, 18-20, because
claim 2 similarly recites “wherein the system comprises a lens that receives the excitation light rays from the light pipe and shapes light rays of the excitation light rays from the light pipe so that excitation light exiting the lens defines a converging cone of light that converges to project an illumination pattern”.
Claim 3, 5, 9-18 and 21-22 depends on claim 2, therefore has the same limitation of claim 2.
Claim 19 similarly recites “a lens that receives the excitation light rays from the light pipe and shapes light rays of the excitation light rays so that excitation light exiting the lens defines a converging cone of light that converges to project an illumination pattern”
Claim 20 depends on claim 19.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 5, 9-10 and 13-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al. (US 2016/0356715, IDS) as evidenced by Edmund (Edmond Optics, 2007, IDS) in view of Texas Instruments (DLP™ System Optics, 2010) (TI).
Regarding claim 1, Zhong discloses a system comprising:
a light source to emit excitation light rays (par [0070]);
a light pipe (light directing channel 338) receiving the excitation light rays from the light source, the light pipe homogenizing the excitation light rays from light source, the light pipe comprising a light entrance surface and a light exit surface having a rectilinear shape (Fig. 6), the light pipe directing the excitation light rays from the light source (Fig. 6, par [0087]);
a second light source to emit excitation light rays (par [0070]);
a second light pipe (light directing channel 338) receiving the excitation light rays from the second light source, the second light pipe homogenizing the excitation light rays from the second light source, the second light pipe comprising a light entrance surface and a light exit surface having a rectilinear shape (Fig. 6), the second light pipe directing the excitation light rays from the second light source (Fig. 6, par [0087]).
wherein system is configured so that light pipe exit light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipe (inherently);
wherein system is configured so that light pipe exit light rays exiting the light exit surface of the second light pipe define a diverging cone of light that diverges with respect to an optical axis of the second light pipe (inherently);
Light Pipes, also known as Homogenizing Rods, are Optical Components designed for any application that requires homogenized light. Light Pipes utilize total internal reflection to homogenize non-uniform light sources, regardless of the light source’s spectral characteristics (see Edmund, page 1). Therefore, homogenizing the excitation light and directing the excitation light toward a distal end of the light energy exciter is the inherent property of the light pipe (light direction channel 338) as disclosed by Zhong (par [0087]);
wherein the system is configured to support biological or chemical samples at a sample plane (408) (Fig. 7, par [0090]);
a detector having a rectilinear shaped detector surface (408 sample plane coincide with detector surface) (Fig. 7, par [0092]);
a second detector having a second rectilinear shaped detector surface (408), the rectilinear shaped detector surface and the second rectilinear shaped detector surface defined at the sample plane (408) (Fig. 7, par [0090][0092]);
wherein the lens for projection of the illumination pattern and the second illumination pattern images an object plane defined at a light exit surface of the light pipe and a light exit surface of the second light pipe onto an image plane defined at the sample plane (408), the lens imaging the object plane so that the rectilinear shape of the light exit surface of the light pipe is imaged by the lens onto the rectilinear shaped detector surface (408) and
wherein the system comprises a fluid holding volumetric area (flow cell) defined intermediate the lens and the sample plane, wherein the system is configured to cause fluid flow into and out of the fluid holding volumetric area (Fig. 7, par [0089]); and
wherein the detector includes a two dimensional planar sensor array of light sensors (440) spaced apart from the sample plane (Fig. 7, par [0090]), the detector substantially blocking light rays of the excitation light from reaching the light sensors of the sensor array, and substantially permitting emissions signal light resulting from excitation by the excitation light rays to propagate toward light sensors of the sensor array (par [0010][0110]), the system being configured to transmit, with circuitry of the system, data signals in dependence on photons sensed by the light sensors of the two dimensional planar sensor array (Fig. 8, par [0098]), wherein the detector includes an array of reaction recesses (408) defined by the rectilinear shaped detector surface (Fig. 7, par [0090]), and wherein for respective ones of light sensors of the two dimensional planar sensor array of light sensors there is provided one or more reaction recess of the array of reaction recesses (Fig. 7, par [0090]).
Zhong teaches that “The flow cover 410 may constitute a substantially rectangular block having a planar exterior surface and a planar inner surface that defines the flow channel 418.” (par [0095]). Fig. 6 of Zhong also shows that the light pipe has rectilinear shape. The detector surface matches the planar inner surface that defines the flow channel 418 (Fig. 7, par [0095][0096]). Thus, it’s more likely that the detector surface has rectangular shape.
Zhong teaches that “The illumination system 111 may include a light source (e.g., one or more LEDs) and a plurality of optical components to illuminate the biosensor. Examples of light sources may include lasers, arc lamps, LEDs, or laser diodes. The optical components may be, for example, reflectors, dichroics, beam splitters, collimators, lenses, filters, wedges, prisms, mirrors, detectors, and the like. In embodiments that use an illumination system, the illumination system 111 may be configured to direct an excitation light to reaction sites.” (par [0060]). As shown in Fig. 7, the reaction sites (414) are on the detector surface (408) and the sample plane (reaction recess 408, detector surface coincide with sample plane) (par [0089]). The sample plane (408) is on the detector surface. Illuminating all reaction sites (414) on the detector surface (408) at the sample plane (408) would require the lens for projection of the illumination pattern and the second illumination pattern images an object plane defined at a light exit surface of the light pipe and a light exit surface of the second light pipe onto an image plane defined at the sample plane (408) as shown in Fig. 7.
Zhong‘s teaching in paragraph [0060] is not a general teaching. Zhong specifically teaches that the system is configured to direct the illumination image to the detector surface with specific optical components (par [0060]).
Directing light from a source to project an illumination image that matches the size and shape of the surface of an observation area is a fundamental principle in optical systems.
This principle is key in many optical systems, including projectors, cameras, and illumination devices. It involves directing and shaping light in a controlled manner so that the illuminated area or projected image accurately corresponds to the desired target surface, both in terms of size and shape.
To achieve this, optical systems typically use lenses, mirrors, and apertures to manipulate light. For example, TI teaches
a lens that receives the excitation light rays from the light pipe and shapes light rays of the excitation light rays so that excitation light exiting the lens defines a converging cone of light that converges to project an illumination pattern (Fig. 7, section 3.1.5);
wherein the lens for projection of the illumination pattern image an object plane defined at a light exit surface of the light pipe onto an image plane defined at the sample plane, the lens imaging the object plane so that the rectilinear shape of the light exit surface of the light pipe is imaged by the lens onto the rectilinear shaped detector surface, the lens imaging the rectilinear shape of the light pipe so that the rectilinear shape of the light exit surface of the light pipe matches the rectilinear shape of the rectilinear shaped detector surface and a size of the rectilinear shaped detector surface (page 12, section 3.1.5).
Thus, it would have been obvious to one of ordain skill in the art to include a lens in Zhong’s system, that receives the excitation light rays from the light pipe and shapes light rays of the excitation light rays so that excitation light exiting the lens defines a converging of light that converges to project an illumination pattern;
wherein the lens receives the excitation light rays from the second light pipe and shapes light rays of the excitation light rays from the second light pipe so that second excitation light exiting the lens defines a converging cone of light that converges to project a second illumination pattern;
wherein the lens for projection of the illumination pattern and the second illumination pattern images an object plane defined at a light exit surface of the light pipe and a light exit surface of the second light pipe onto an image plane defined at the sample plane, the lens imaging the object plane so that the rectilinear shape of the light exit surface of the second light pipe is imaged by the lens onto the second rectilinear shaped detector surface, the lens imaging the rectilinear shape of the light pipe so that the rectilinear shape of the light exit surface of the light pipe matches the rectilinear shape of the rectilinear shaped detector surface and a size of the rectilinear shaped detector surface, the lens imaging the rectilinear shape of the second light pipe so that the rectilinear shape of the light exit surface of the second light pipe matches the rectilinear shape of the second rectilinear shaped detector surface and a size of the second rectilinear shaped detector surface, in order to efficiently illuminate the detector surface, in order to efficiently illuminate the detector surface.
Besides, the phrase “the system is configured so that light pipe exit light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipe” and “system is configured so that light pipe exit light rays exiting the light exit surface of the second light pipe define a diverging cone of light that diverges with respect to an optical axis of the second light pipe” merely describes an intended result and does not further limit the structure of the system, therefore, carries no weight in patentability determination.
The “system is configured” encompasses “the light pipe reflecting the excitation light rays from the light source” and “the second light pipe reflecting the excitation light rays from the second light source”. Therefore, the reason for the rejection is exactly the same for both interpretations, because the recitations merely describe an intended result and does not further limit the structure of the system, therefore, carries no weight in patentability determination. Thus, the rejection is still deemed proper.
Light rays exiting a light pipe tends to diverge in a cone shape, with respect to an optical axis of the light pipe, due to the way light rays propagate within the pipe. Light pipes, often used to guide light, rely on total internal reflection to direct light along the length of the pipe. When light reaches the end of the pipe, the rays typically exit at various angles, producing a divergent cone of light.
The degree of divergence depends on factors such as:
Geometry of the Light Pipe: A straight light pipe with a circular cross-section will produce a more symmetrical cone of light. A tapered or irregularly shaped pipe will alter the distribution of light.
Material Refractive Index: The refractive index contrast between the light pipe material and the surrounding medium influences how much the light bends when it exits.
Angle of Incidence: The angles at which light rays bounce inside the pipe play a role in determining the exit angle. Rays striking the walls at steeper angles tend to exit with greater divergence.
Surface Quality: Rough surfaces at the exit can scatter light further, increasing the spread of the cone, while smoother surfaces provide a more concentrated beam.
This cone shape behavior is why light pipes are often paired with diffusers or optics to control the light's final distribution.
Regarding claim 2, Zhong discloses a system comprising:
a light source to emit excitation light rays (par [0070]);
a light pipe (light directing channel 338) receiving the excitation light rays from the light source, the light pipe homogenizing the excitation light rays from the light source (Fig. 6, par [0087]), the light pipe comprising a light entrance surface and a light exit surface, the light pipe directing the excitation light rays from the light source (Fig. 6, par [0087]);
a second light source to emit excitation light rays (par [0070]); and
a second light pipe (light directing channel 338) receiving the excitation light rays from the second light source, the second light pipe homogenizing the excitation light rays from the second light source, the second light pipe comprising a light entrance surface and a light exit surface, the second light pipe directing the excitation light rays from the second light source (Fig. 6, par [0087]);
wherein the system shapes the excitation light rays propagating, respectively, through the light pipe and the second light pipe to project light onto a sample plane (408) (Fig. 7, par [0090]), wherein the system is configured to support biological or chemical samples at the sample plane (reaction recess 408) (par [0089][0092]).
Light Pipes, also known as Homogenizing Rods, are Optical Components designed for any application that requires homogenized light. Light Pipes utilize total internal reflection to homogenize non-uniform light sources, regardless of the light source’s spectral characteristics (see Edmund, page 1). Therefore, homogenizing the excitation light and directing the excitation light toward a distal end of the light energy exciter is the inherent property of the light pipe (light direction channel 338) as disclosed by Zhong (par [0087]).
Zhong teaches that “The illumination system 111 may include a light source (e.g., one or more LEDs) and a plurality of optical components to illuminate the biosensor. Examples of light sources may include lasers, arc lamps, LEDs, or laser diodes. The optical components may be, for example, reflectors, dichroics, beam splitters, collimators, lenses, filters, wedges, prisms, mirrors, detectors, and the like. In embodiments that use an illumination system, the illumination system 111 may be configured to direct an excitation light to reaction sites.” (par [0060]). As shown in Fig. 7, the reaction sites (414) are on the detector surface (408) at the sample plane (reaction recess 408 coincide with detector surface) (par [0089]). Illuminating all reaction sites (414) on the detector surface (408) would require a lens that receives the excitation light rays from the light pipe and shapes light rays of the excitation light rays from the light pipe so that excitation light exiting the lens defines a converging of light that converges to project an illumination pattern onto the detector surface (408) as shown in Fig. 7 and requires the lens receives the excitation light rays from the second light pipe and shapes light rays of the excitation light rays from the second light pipe so that second excitation light exiting the lens defines a converging of light that converges to project a second illumination pattern onto the detector surface (408) as shown in Fig. 7.
Directing light from a source to project an illumination image that matches the size and shape of the surface of an observation area is a fundamental principle in optical systems.
This principle is key in many optical systems, including projectors, cameras, and illumination devices. It involves directing and shaping light in a controlled manner so that the illuminated area or projected image accurately corresponds to the desired target surface, both in terms of size and shape.
To achieve this, optical systems typically use lenses, mirrors, and apertures to manipulate light. For example, TI teaches
wherein the system comprises a lens that receives the excitation light rays from the light pipe and shapes light rays of the excitation light rays from the light pipe so that excitation light exiting the lens defines a converging cone of light that converges to project an illumination pattern, the lens imaging a light exit surface of the light pipe so that the illumination pattern matches a size and shape of a detector surface at the sample plane (Fig. 7, section 3.1.5).
Thus, it would have been obvious to one of ordinary skill in the art to include a lens in Zhong’s system that receives light from the light pipe and shapes light rays of the excitation light rays from the light pipe so that excitation light exiting the lens defines a converging cone of light that converges to project an illumination pattern, wherein the lens receives the excitation light rays from the second light pipe and shapes light rays of the excitation light rays from the second light pipe so that second excitation light exiting the lens defines a converging cone of light that converges to project a second illumination pattern, the lens imaging a light exit surface of the light pipe so that the illumination pattern matches a size and shape of a detector surface at the sample plane, the lens imaging a light exit surface of the second light pipe so that the second illumination pattern matches a size and shape of a second detector surface at the sample plane, in order to efficiently and effectively illuminate the detector surface.
Light rays exiting a light pipe tends to diverge in a cone shape, with respect to an optical axis of the light pipe, due to the way light rays propagate within the pipe. Light pipes, often used to guide light, rely on total internal reflection to direct light along the length of the pipe. When light reaches the end of the pipe, the rays typically exit at various angles, producing a divergent cone of light.
The degree of divergence depends on factors such as:
Geometry of the Light Pipe: A straight light pipe with a circular cross-section will produce a more symmetrical cone of light. A tapered or irregularly shaped pipe will alter the distribution of light.
Material Refractive Index: The refractive index contrast between the light pipe material and the surrounding medium influences how much the light bends when it exits.
Angle of Incidence: The angles at which light rays bounce inside the pipe play a role in determining the exit angle. Rays striking the walls at steeper angles tend to exit with greater divergence.
Surface Quality: Rough surfaces at the exit can scatter light further, increasing the spread of the cone, while smoother surfaces provide a more concentrated beam.
This cone shape behavior is why light pipes are often paired with diffusers or optics to control the light's final distribution.
Regarding claim 3, Zhong discloses that wherein at the sample plane (414) there is a detector having the detector surface (414), and a second detector having the second detector surface (414) (Fig. 7, par [0090]).
Regarding claim 5, Zhong discloses that wherein the second illumination pattern is spaced apart from the illumination pattern (Fig. 7, par [0090]).
Regarding claim 9, as has been discussed in regard to claim 8, it would have been obvious to one of ordain skill in the art to include a lens in Zhong’s system, that focuses an object plane defined by a light exit surface of the light pipe and a light exit surface of the second light pipe onto an image plane defined at the sample plane, because Zhong fairly suggests to one of ordinary skill in the art to configure the system to include optical components, such as a lens, to direct an excitation light to reaction sites (par [0060]), and Fig. 7 of Zhong shows that the excitation light matches the area and shape of the detector surface.
Regarding claim 10, as has been discussed regarding claim 2 above, Zhong and TI fairly suggest that wherein the lens for projection of the illumination pattern and the second illumination pattern images an object plane onto an image plane defined at the sample plane, wherein a light exit surface of the light pipe and a light exit surface of the second light pipe are positioned at the object plane.
Regarding claim 13, Zhong teaches that “The illumination system 111 may include a light source (e.g., one or more LEDs) and a plurality of optical components to illuminate the biosensor. Examples of light sources may include lasers, arc lamps, LEDs, or laser diodes. The optical components may be, for example, reflectors, dichroics, beam splitters, collimators, lenses, filters, wedges, prisms, mirrors, detectors, and the like. In embodiments that use an illumination system, the illumination system 111 may be configured to direct an excitation light to reaction sites. As one example, fluorophores may be excited by green wavelengths of light, as such the wavelength of the excitation light may be approximately 532 nm.” (par [0060]). “Optical filtration of the excitation radiation from a single source can be used to produce different ranges of excitation radiation at the flow cell” (par [0070]). Thus, it would have been obvious to one of ordain skill in the art to include one or more filters to filter light at wavelengths longer than an emission band of wavelengths of the light source.
It is conventional to use folding optics to fold the optical axis, in order to fit the space of the housing of the device. Zhong teaches that “The optical components may be, for example, reflectors, …, prisms, mirrors, …, and the like” (par [0060]).
Regarding claim 14, Zhong discloses that wherein the light source comprises a light emitting diode, and wherein the second light source comprises a light emitting diode (par [0070] [0087]).
Regarding claim 15, Zhong discloses that wherein the light source comprises a light emitting diode emitting light at a first narrow band wavelength, and wherein the light source comprises a second light emitting diode emitting light at a second narrow band wavelength (par [0070] [0087]).
Regarding claim 16, Zhong discloses that wherein the light source and the second light source each comprises a light emitting diode emitting light at a first narrow band wavelength, and wherein the light source and the second light source each further comprises a second light emitting diode emitting light at a second narrow band wavelength (par [0070] [0087]).
Regarding claim 17, Zhong discloses that wherein the system is configured to receive light rays of the excitation light and emissions signal light rays resulting from excitation by the light rays of the excitation light (Fig. 7, par [0090]), the system comprising a two dimensional planar sensor array (424) spaced apart from the sample plane (Fig. 7, par [0090]), the system (filter material 460) substantially blocking rays of the light rays of the excitation light, and substantially permitting the emissions signal light to propagate toward light sensors of the sensor array (Fig. 8, par [0010][0110]), the system being configured to transmit, with circuitry of system, data signals in dependence on photons sensed by the light sensors of the two dimensional planar sensor array (424) (Fig. 8, par [0098]).
Regarding claim 18, Zhong discloses that wherein the system includes a fluid holding volumetric area adjacent the sample plane (Fig. 7, par [0089]), wherein the system is configured to cause fluid flow into and out of the fluid holding volumetric area, wherein the system is configured to receive light rays of the excitation light and emissions signal light rays resulting from excitation by the light rays of the excitation light (Fig. 7, par [0093]),
the system comprising a two dimensional planar sensor array (424) spaced apart from the sample plane (Fig. 7, par [0090]), the system (filter material 460) substantially blocking rays of the light rays of the excitation light, and substantially permitting the emissions signal light to propagate toward light sensors of the two dimensional planar sensor array (Fig. 8, par [0010][0110]), the system being configured to transmit, with circuitry of the system, data signals in dependence on photons sensed by the light sensors of the two dimensional planar sensor array (Fig. 8, par [0098]).
Regarding claim 19, Zhong discloses a system comprising:
at least one light source to emit excitation light rays (par [0070]); and
a light pipe (light directing channel 338) homogenizing the excitation light rays and directing the excitation light rays, the light pipe comprising a light entrance surface and a light exit surface, the light pipe receiving the excitation light rays from the at least one light source (Fig. 6, par [0087);
wherein the detector includes a two dimensional planar sensor array (424) of light sensors spaced apart from the sample plane (Fig. 7, par [0090]), the detector substantially blocking light rays of the excitation light from reaching the light sensors of the two dimensional planar sensor array, and substantially permitting emissions signal light resulting from excitation by the excitation light to propagate toward light sensors of the two dimensional planar sensor array (Fig. 8, par [0010][0110]), the system being configured to transmit, with circuitry of the system, data signals in dependence on photons sensed by the light sensors of the two dimensional planar sensor array (Fig. 8, par [0098]), wherein the detector includes an array of reaction recesses (408) defined by the detector surface, and wherein for respective ones of light sensors of the two dimensional planar sensor array of light sensors there is provided one or more reaction recess of the array of reaction recesses (Fig. 7, par [0090]),
the detector surface for supporting biological or chemical samples at a sample plane (Fig. 7, par [0090]), wherein the detector surface and the light exit surface of the light pipe each include a rectilinear shape, and wherein system is configured by the rectilinear shape of the light exit surface (Fig. 6).
Zhong teaches that “The illumination system 111 may include a light source (e.g., one or more LEDs) and a plurality of optical components to illuminate the biosensor. Examples of light sources may include lasers, arc lamps, LEDs, or laser diodes. The optical components may be, for example, reflectors, dichroics, beam splitters, collimators, lenses, filters, wedges, prisms, mirrors, detectors, and the like. In embodiments that use an illumination system, the illumination system 111 may be configured to direct an excitation light to reaction sites.” (par [0060]). As shown in Fig. 7, the reaction sites (414) are on the detector surface (408) (par [0089]). Illuminating all reaction sites (414) on the detector surface (408) would require imaging a light pipe light exit surface of the light energy exciter to project an illumination pattern (401) that matches the size and shape of the detector surface (408) as shown in Fig. 7.
Zhong‘s teaching in paragraph [0060] is not a general teaching. Zhong specifically teaches that the system is configured to direct the illumination image to the detector surface with specific optical components (par [0060]).
Directing light from a source to project an illumination image that matches the size and shape of the surface of an observation area is a fundamental principle in optical systems.
This principle is key in many optical systems, including projectors, cameras, and illumination devices. It involves directing and shaping light in a controlled manner so that the illuminated area or projected image accurately corresponds to the desired target surface, both in terms of size and shape.
To achieve this, optical systems typically use lenses, mirrors, and apertures to manipulate light. For example, TI teaches
a lens that receives the excitation light rays from the light pipe and shapes light rays of the excitation light rays so that excitation light exiting the lens defines a converging cone of light that converges to project an illumination pattern, wherein the lens images an object plane defined by the light exit surface of the light pipe onto an image plane defined by a detector surface of a detector, wherein the detector surface and the light exit surface of the light pipe each include a rectilinear shape, and wherein system is configured by the rectilinear shape of the light exit surface of the light pipe and by the lens to project the illumination pattern onto the image plane at the detector surface, the lens imaging the rectilinear shape of the light pipe so that the illumination pattern matches the rectilinear shape of the detector surface and a size of the detector surface (Fig. 7, section 3.1.5).
Thus, it would have been obvious to one of ordain skill in the art to include a lens in Zhong’s system, that receives the excitation light rays from the light pipe and shapes light rays of the excitation light rays so that excitation light exiting the lens defines a converging cone of light that converges to project an illumination pattern, wherein the lens images an object plane defined by the light exit surface of the light pipe onto an image plane defined by a detector surface of a detector, the imaging lens project the illumination pattern onto the image plane at the detector surface, wherein system is configured by the rectilinear shape of the light exit surface of the light pipe and by the lens to project the illumination pattern onto the image plane at the detector surface, the lens imaging the rectilinear shape of the light pipe so that the illumination pattern matches the rectilinear shape of the detector surface and a size of the detector surface, in order to efficiently and effectively illuminate the detector surface.
Zhong teaches that “The flow cover 410 may constitute a substantially rectangular block having a planar exterior surface and a planar inner surface that defines the flow channel 418.” (par [0095]). Fig. 6 of Zhong also shows that the light pipe has rectilinear shape. The detector surface matches the planar inner surface that defines the flow channel 418 (Fig. 7, par [0095][0096]). Thus, it’s more likely that the detector surface has rectangular shape.
The phrase “the system is configured so that light pipe exit light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipe” merely describes an intended result and does not further limit the structure of the system, therefore, carries no weight in patentability determination. Many factors in the system can affect the light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipes.
Light rays exiting a light pipe tends to diverge in a cone shape, with respect to an optical axis of the light pipe, due to the way light rays propagate within the pipe. Light pipes, often used to guide light, rely on total internal reflection to direct light along the length of the pipe. When light reaches the end of the pipe, the rays typically exit at various angles, producing a divergent cone of light.
Regarding claim 20, Zhong discloses a second light pipe receiving excitation light rays from an illumination source, the second light pipe homogenizing the excitation light rays from the illumination source (Fig. 6, par [0087]), the second light pipe comprising a light entrance surface and a light exit surface having a rectilinear shape (Fig. 6), the second light pipe directing the excitation light rays from the illumination source (Fig. 6, par [0087]),
wherein the system includes a fluid holding volumetric area adjacent the sample plane, wherein the system is configured to cause fluid flow into and out of the fluid holding volumetric area (Fig. 7, par [0089]).
As has been discussed above, it would have been obvious to one of ordain skill in the art to include a lens in Zhong’s system, that receives the excitation light rays from the second light pipe and shapes light rays of the excitation light rays from the second light pipe so that second excitation light exiting the lens defines a converging cone of light that converges to project a second illumination pattern onto the sample plane, in order to efficiently and effectively illuminate the detector surface.
The phrase “so that second excitation light exiting the lens defines a converging cone of light that converges to project a second illumination pattern onto the sample plane” merely describes an intended result and does not further limit the structure of the light pipes, therefore, carries no weight in patentability determination. Many factors in the system can affect the light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipes.
Regarding claim 21, TI discloses that wherein the lens comprises first and second lens pairs disposed about a fold reflector (fold mirror) (Fig. 2).
Regarding claim 22, TI discloses that wherein the lens comprises first and second lens pairs disposed about a fold reflector (Fig. 2), wherein an optical axis of the first light pipe is offset from and parallel to a central axis of the lens, wherein an optical axis of the second light pipe is offset from and parallel to the central axis of the lens (section 2.1.1), and wherein first excitation light rays exiting the light exit surface of the first light pipe and second excitation light rays exiting the light exit surface of the second light pipe intersect the central axis at a light entry surface of the lens (section 2.1.1).
TI discloses
multiple light pipes (integrator rod) feeding a common lens system (Fig. 2),
optical axes offset from the central projection lens axis (section 2.1.1),
fold mirrors and lens groups used to steer off-axis beams into the central axis at the lens entrance (Fig. 2),
beam steering designs where two or more input optical axes intersect the central optical axis of the projection lens (Fig. 2).
TI also teaches that:
Light pipes may be offset (Fig. 2, section 2.1.1), and
Their output beams are directed via fold mirrors so they converge onto the lens central axis at the lens entrance surface (Fig. 2).This is illustrated in the compact illumination optics layouts shown in its Figures (e.g., Section 2, 4 & 5 optical engine layouts).
In Zhong, illumination sources are physically displaced from the central detector axis, creating offset beam paths. TI teaches intentionally offsetting light pipes relative to a lens’s central axis to accommodate:
multiple light sources,
compact package geometry,
folding of illumination paths (Fig. 2).
A POSITA would recognize that offset optical axes are standard when:
illumination originates from two separate light pipes,
both pipes must converge into a shared projection lens,
the device thickness and footprint must be minimized (as in Zhong).
Thus, it would have been obvious to configure the first and second light pipes with parallel, offset axes, exactly as recited
Regarding claim 23, Zhong discloses that the system of claim 2, including a detector having the detector surface (408) at the sample plane, and a second detector having the second detector surface (408) at the sample plane (Fig. 7, par [0090]), wherein the detector is provided by an integrated circuit chip, and wherein the second detector is provided by a second integrated circuit chip (Fig. 8, par [0098]).
Regarding claim 24, Zhong discloses that wherein the system is configured so that the converging cone of light that converges to project the illumination pattern intersects the sample plane, wherein the system is configured so that the converging cone of light that converges to project the second illumination pattern intersects the sample plane, wherein at the sample plane there is disposed a detector having the detector surface, and a second detector having the second detector surface, the detector having an array of reaction recesses and an array of light sensors, the second detector having a second array of reaction recesses and a second array of light sensors (Fig. 7 & 8, par [0090][0093][0098]).
Zhong teaches:
multiple sensing areas and/or detection regions, and
spatially distributed illumination and detection across a sample plane and corresponding detection regions (arrays) are spaced apart (Fig. 7).
This suggests that:
The corresponding illumination patterns can be spatially separated.
TI teaches:
shaping and directing light using optical systems (e.g., lenses, fold optics) (Fig. 2), and
forming controlled illumination regions (section 3.1.5).
It would have been obvious to apply TI’s known illumination shaping techniques to Zhong’s system so that the second illumination pattern is spaced apart from the first illumination pattern, in order to form well-defined illumination regions on the sample plane.
Regarding claim 25, as has been discussed regarding claim 24 above, Zhong in view of TI fairly suggest that wherein the system is configured so that a space on the sample plane between the projected second illumination pattern and the projected illumination pattern is unilluminated by the system, in order to form well-defined illumination regions on the sample plane.
When two illumination patterns are:
spatially separated (as already recited in claim 24), and
individually shaped and directed,
it necessarily follows that the region between them is not illuminated, unless deliberately overlapped.
Thus, the limitation:
“a space … between the projected second illumination pattern and the projected illumination pattern is unilluminated”
is an inherent result of producing two spaced-apart illumination patterns.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhong as evidenced by Edmund (Edmond Optics, 2007, IDS) in view of TI as applied to claim 2 above, and further in view of Blumenfeld et al. (US 6,867, 851, IDS) (Blumenfeld).
Regarding claim 11, Zhong does not specifically disclose that wherein the light pipe is of tapered construction and comprises an increasing diameter in a direction from the light entry surface of the light pipe to the light exit surface of the light pipe.
However, Blumenfeld shows that the light pipe (654) has tapered construction, and comprises an increasing diameter, in a direction from the light entry surface of the light pipe to the light exit surface of the light pipe (Fig. 19, col. 33, line 32-36). It would have been obvious to one of ordinary skill in the art to select light pipe having tapered construction and comprises an increasing diameter, in a direction from the light entry surface of the light pipe to the light exit surface of the light pipe, in order to adjust area of the exit surface of the light pipe or the convergence of the exit light.
The phrase “the system is configured so that light pipe exit light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipe” merely describes an intended result and does not further limit the structure of system, therefore, carries no weight in patentability determination. Many factors in the system can affect the light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipe.
Light rays exiting a light pipe tends to diverge in a cone shape, with respect to an optical axis of the light pipe, due to the way light rays propagate within the pipe. Light pipes, often used to guide light, rely on total internal reflection to direct light along the length of the pipe. When light reaches the end of the pipe, the rays typically exit at various angles, producing a divergent cone of light.
Regarding claim 12, Zhong does not specifically disclose that wherein the light pipe is of tapered construction and comprises an increasing diameter in a direction from the light entry surface of the light pipe to the light exit surface of the light pipe, wherein throughout a length of the light pipe, the light pipe reflects the excitation light rays from the light source so that light pipe exit light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the system, wherein the second light pipe is of tapered construction and comprises an increasing diameter in a direction from the light entry surface of the second light pipe to the light exit surface of the second light pipe, wherein throughout a length of the second light pipe, the second light pipe reflects the excitation light rays from the second light source so that light pipe exit light rays exiting the light exit surface of the second light pipe define a diverging cone of light that diverges with respect to an optical axis of the second light pipe.
As has been discusses in regard to claim 11, Blumenfeld shows that the light pipe (654) has tapered construction, and comprises an increasing diameter, in a direction from the light entry surface of the light pipe to the light exit surface of the light pipe, throughout a length of the light pipe (Fig. 19, col. 33, line 32-36). It would have been obvious to one of ordinary skill in the art to select light pipe and second light pipe having tapered construction and comprises an increasing diameter, in a direction from the light entry surface of the light pipe to the light exit surface of the light pipe, throughout a length of the light pipe, in order to adjust area of the exit surface of the light pipe or the convergence of the exit light.
The phrase “the system is configured so that light pipe exit light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the system” and “the system is configured so that light pipe exit light rays exiting the light exit surface of the second light pipe define a diverging cone of light that diverges with respect to an optical axis of the second light pipe” merely describes an intended result and does not further limit the structure of the system, therefore, carries no weight in patentability determination. Many factors in the system can affect the light rays exiting the light exit surface of the light pipe define a diverging cone of light that diverges with respect to an optical axis of the light pipes.
Light rays exiting a light pipe tends to diverge in a cone shape, with respect to an optical axis of the light pipe, due to the way light rays propagate within the pipe. Light pipes, often used to guide light, rely on total internal reflection to direct light along the length of the pipe. When light reaches the end of the pipe, the rays typically exit at various angles, producing a divergent cone of light.
Response to Arguments
Applicant's arguments filed 03/16/2026 have been fully considered but they are not persuasive.
Regarding 112(b) rejection
Applicant asserts that the Examiner should resolve the alleged indefiniteness by providing suggested claim language or by removing the disputed limitations via Examiner’s Amendment in accordance with MPEP §§ 2173.02 and 2173.06. However, the Examiner maintains that the rejection under 35 U.S.C. §112(b) is proper.
As previously explained, the claim recites limitations such as:
“the system is configured so that light pipe exit light rays exiting the light exit surface of the light pipe define a diverging cone of light…”
These limitations define the invention in terms of light behavior during operation, rather than in terms of definite structural characteristics of the apparatus. The scope of the claim therefore depends on variables not recited in the claim, such as:
properties of the light source (e.g., emission profile, numerical aperture),
alignment and orientation of the light source relative to the light pipe, and
optical properties and geometry that are not expressly defined.
As a result, one of ordinary skill in the art would not be able to determine, with reasonable certainty, the structural boundaries of the claimed system without operating the device under unspecified conditions. This renders the metes and bounds of the claim unclear.
With respect to Applicant’s request for Examiner assistance:
While MPEP §§ 2173.02 and 2173.06 indicate that suggestions may be provided where practicable, such suggestions are discretionary and are not required where, as here, the issue stems from a lack of structural definition requiring substantive amendment. The present deficiency is not a matter of minor wording, but rather the absence of clear structural limitations defining how the claimed function is achieved.
Further, the Examiner cannot adopt Applicant’s proposal to remove the disputed limitations via Examiner’s Amendment. Such removal would constitute a substantive change in claim scope, which is not appropriate for an Examiner’s Amendment and must instead be made by Applicant.
Additionally, although the Examiner previously indicated that the functional language may carry limited patentable weight in a prior art analysis, this does not resolve the §112(b) issue. The requirements of §112(b) are separate and require that the claim, as written, distinctly define the invention.
Accordingly, it remains Applicant’s responsibility to amend the claims to include clear structural limitations that define the invention with reasonable certainty.
For at least the reasons set forth above, the rejection of claims under 35 U.S.C. §112(b) is maintained.
Regarding 103 rejection
1. Argument that the prior art fails to teach the claimed optical configuration
Applicant contends that the cited references fail to teach or suggest the claimed configuration, including features such as:
offset optical axes of the light pipes relative to a central axis of the lens, and/or
light rays from multiple light pipes intersecting a central axis at a lens entry surface, and/or
lens arrangements including multiple lens pairs and/or fold reflectors.
This argument is not persuasive.
As set forth in the rejection, Zhong teaches a system having multiple illumination paths directed toward a sample plane in a compact optical arrangement (par [0034] [0040]). Zhong’s configuration inherently requires that illumination sources be laterally positioned relative to a central optical path, resulting in offset optical axes.
Texas Instruments (TI) explicitly teaches optical systems in which:
multiple light pipes (integrated rod) are arranged with offset, parallel optical axes (Fig. 2), and
optical elements (e.g., lenses and/or fold reflectors) are used to redirect and converge the light rays toward a common optical axis at a lens entry surface (Fig. 2, page 4).
Thus, the combination of Zhong and TI teaches or at least suggests the claimed spatial and optical relationships.
2. Argument that the combination is improper or based on hindsight
Applicant may argue that there is no motivation to combine Zhong with TI or that such a combination relies on impermissible hindsight.
This argument is not persuasive.
The combination is supported by a clear rationale grounded in the art. Both Zhong and TI are directed to optical systems that shape and direct illumination using light pipes and lenses. A person of ordinary skill in the art would have recognized that:
Zhong’s system requires efficient routing and shaping of multiple excitation light paths within a compact structure; and
TI provides well-known optical design solutions for combining multiple off-axis light sources into a common projection lens using fold mirrors and lens groups (Fig. 2, section 2.1.1).
It would have been obvious to incorporate TI’s known optical routing techniques into Zhong’s system in order to:
reduce system size,
align multiple illumination paths into a shared lens, and
improve optical efficiency and uniformity at the sample plane.
Such a modification merely involves the application of a known optical design technique to a similar device, yielding predictable results, consistent with KSR Int’l Co. v. Teleflex Inc.
3. Argument that the references do not disclose exact claim language
To the extent Applicant argues that the references do not disclose the claimed invention in haec verba, such argument is unavailing.
The test for obviousness is not whether the references disclose the claimed invention verbatim, but whether the references, taken as a whole, would have suggested the claimed subject matter to a person of ordinary skill in the art.
Here, the combination of Zhong and TI clearly suggests:
offset light pipe configurations (e.g. TI, Fig. 2),
steering of light rays to a common optical axis (e.g. TI, Fig. 2), and
use of multiple lens groups and/or fold reflectors (e.g. TI, Fig. 2).
Therefore, the claimed subject matter is rendered obvious.
4. Argument regarding specific geometric relationships (e.g., intersection at lens entry surface)
To the extent Applicant argues that the specific recited relationship—e.g., light rays intersecting the central axis at the lens entry surface—is not explicitly disclosed, this argument is also not persuasive.
TI explicitly teaches beam steering of off-axis illumination into a projection lens, which necessarily results in beams being directed toward and intersecting the lens’s central optical axis at or near the lens entrance (Fig. 2, section 2.1.1). This is a well-understood and routine optical design principle used in projection and illumination systems.
Accordingly, the claimed relationship represents nothing more than a predictable implementation of known optical alignment techniques.
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 XIAOYUN R XU, Ph. D. whose telephone number is (571)270-5560. The examiner can normally be reached M-F 8am-5pm.
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/XIAOYUN R XU, Ph.D./ Primary Examiner, Art Unit 1797