CTFR 18/174,684 CTFR 97230 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 February 04, 2026 has been entered. Response to Arguments 07-37 AIA Applicant's arguments filed February 04, 2026 have been fully considered but they are not persuasive. In response to applicant’s arguments on page 2, that Glensbjerg fails to teach or suggest, at least, an illuminator that is configured to emit parallel light using wavelengths of 400 nm or longer, the parallel light including at least two or more different wavelength spectra of light. It is pointed out to the applicant that Glensbjerg does teach an illuminator that is configured to emit parallel light using wavelengths of 400 nm or longer (fig. 5, col. 5, lines 52-53 ), but fails to disclose at least two or more different wavelength spectra of light. However, Zuzak teaches at least two or more different wavelength spectra of light ( [0170]: broadband illumination source ). The combination of both Glensbjerg and Zuzak teaches or make obvious an illuminator that is configured to emit parallel light using wavelengths of 400 nm or longer, the parallel light including at least two or more different wavelength spectra of light . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim 1, 5-9, 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Glensbjerg (US 10921234 B2) in view of Zuzak (US 20130296709 A1) . Regarding claim 1, Glensbjerg teaches an optical imaging apparatus comprising ( claim 1 ) an illuminator ( 503/507 ) that is configured to emit parallel light ( fig. 5 ) using wavelengths of 400 nm or longer (col. 5, lines 52-53) ; a lens ( objective lens 501 ) into which light is incident through an inspection object ( claim 17: sample with biological particles ) provided where the parallel light from the illuminator reaches ( fig. 5A ), the inspection object including a solvent ( a liquid sample with biological particles ) and a target ( biological particles ) in the solvent serving as a substance different from the solvent (claim 17: biological particles are different from the liquid ), the light having passed through the solvent and the target, and/or through the solvent ( fig. 5A ); an aperture ( obstruction 511 ) disposed on a focal plane of the lens ( fig. 5C ), the aperture including: a passage region allowing passage of diffracted ( col. 8, line 19-24: The optical interaction with the sample preferably causes alteration in intensity and/or direction of light as a result of interaction with a biological sample, or particles in said biological sample, some of the preferred interactions being diffraction ) light ( dashed lines in fig. 5C, ) in a direction different from a direction of the parallel light ( solid lines in fig. 5C ) due to the target from the parallel light from the illuminator, and a light-blocking region blocking the parallel light having passed through the solvent ( Col. 27, line 13-19 ); and an imaging element ( 509, fig. 5A; Col. 27, line 13-19: detection elements, col. 21, line 25: light sensitive camera, col. 6, lines 32-34: CCD, CMOS ) an imaging element that is configured to acquire, at each pixel, in response to arrival of the diffracted light based on diffraction due to the target at an imaging plane through the passage region ( fig. 5 ), wherein: the illuminator includes a light source ( 503 ) and an illumination lens ( 507 ) which is configured to form light emitted from the light source into the parallel light ( fig. 5, col. 26, line 25, lines 31-36 ), wherein the optical imaging apparatus further comprises a processing apparatus configured to: acquire, based on an image acquired by the imaging element, information regarding the target different from the solvent ( col. 8: lines 9-12: processing the image (requires a processing apparatus) in such a manner that light intensity information from individual biological particles are identified as distinct from light intensity information from the background ) but fails to disclose including at least two or more different wavelength spectra of light an imaging element that is configured to acquire, at each pixel, the at least two or more different wavelength spectra of light, simultaneously and distinctively, and the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of the illumination lens and d represents a diameter of the illumination lens, and comparing, at each pixel of the image acquired by the imaging element, intensities of the at least two or more different wavelength spectra of light, and estimating a distribution of information related to a physical- property of the target different from the solvent. However, Zuzak teaches including at least two or more different wavelength spectra of light ( [0170]: broadband illumination source ); an imaging element ( [0238] a digital camera ) that is configured to acquire, at each pixel, the at least two or more different wavelength spectra of light ( [0170] broadband illumination source ), simultaneously and distinctively ( as known in the art of digital cameras, each pixel of the camera detector simultaneously and distinctively acquires multiple wavelengths as disclosed by Kostenich ( US20140135609A1): [0078]), comparing, at each pixel of the image acquired by the imaging element, intensities of the at least two or more different wavelength spectra of light ( [0025] The system captures a hyperspectral image cube, [0335]each pixel contains spectral intensity data across multiple wavelengths, figs. 55A-55B, [0298]deconvolution algorithms are applied per pixel, [0280], [0336] multivariate least squares regression compares measured spectra reference spectra ), and estimating a distribution of information related to a physical- property of the target different from the solvent ([0280] gray scale image is a visual representation of spatial distribution, relative linear contributions represents concentration or abundance of the oxyhemoglobin and the contribution of oxyhemoglobin is a direct measure of physical property of tissue oxygenation, the measured spectra from a pixel includes light interaction with everything in the path: the target oxyhemoglobin and the solvent mix (blood plasma, bile, water ) and the algorithm is to isolate the signals of the target) . Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg by incorporating including at least two or more different wavelength spectra of light; imaging element that is configured to acquire, at each pixel, the at least two or more different wavelength spectra of light, simultaneously and distinctively, comparing, at each pixel of the image acquired by the imaging element, intensities of the at least two or more different wavelength spectra of light, and estimating a distribution of information related to a physical- property of the target different from the solvent to improve sensitivity as some biological tissues or chemical compounds only react to specific wavelengths of light and using a broadband source ensures the system captures the most relevant spectral features. Glensbjerg, when modified by Zuzak, fails to disclose the parallel light having an angle of divergence of not more than tan -1 (d/f), where f represents a focal length of the illumination lens and d represents a diameter of the illumination lens. However, Glensbjerg teaches keeping the beam’s divergence very low (col. 5, lines 47-51, col. 13, lines 43-57. The divergence angle (θ ) is θ ~ d / f as known in the art and disclosed by Thorlabs (Beam divergence, [Online], available at https://www.thorlabs.com/newgrouppage9.cfm?objectgroup_id=14489 (last accessed July 7, 2025)) . For low divergence as disclosed by Glensbjerg, tan θ = θ , so θ = ta (d/f)). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg and Zuzak by incorporating the parallel light having an angle of divergence of not more than tan -1 (d/f), where f represents a focal length of the illumination lens and d represents a diameter of the illumination lens in order to enhance the contrast (col. 13, lines 43-57). Regarding claim 5, Glensbjerg, when modified by Zuzak, teaches the optical imaging apparatus according to claim 1, wherein the distribution of the information related to the physical-property of the target corresponds, volume, weight ( size ), regarding the target ( biological particles (col. 18, lines 29-42 ). Regarding claim 6, Glensbjerg, when modified by Zuzak, teaches the optical imaging apparatus according to claim 1, wherein: the light-blocking region ( 511, fig. 5C ) is disposed at a focal position of the lens ( 501, fig. 5C ) and is axisymmetric about an optical axis of the lens ( 5C ), and a size of the light-blocking region is identical to or larger than a size of projection of light from the light source of the illuminator ( Col. 27, lines 13-19 : FIG. 5C shows an obstruction (511); this obstruction has dimensions and is located such that it substantially only allows light dispersed by the particles to reach the detection elements eliminating light emitted directly from the light source. Therefore the obstruction 511 has the same or larger size than a size of projection of source 503 ). Regarding claims 7 and 8, Glensbjerg, when modified by Zuzak, teaches the optical imaging apparatus according to claim 6, wherein the light-blocking region has a circular shape (( claim 6: the obstruction comprises an opaque centre (that aligns with conventional circular obstructions) surrounded by an at least partly transparent area ), and wherein in a case where an angle θ of diffraction to the target is known, f’ × tan θ is larger than a size of a radius of the light-blocking region, where f’ represents a focal length of the lens ( the displacement of the dispersed light at angle θ at the focal plane is f’ × tan θ, this displacement is bigger than the radius of the blocking region as shown in fig. 5, otherwise, all light would be blocked ). Regarding claim 9, Glensbjerg teaches a processing apparatus for use in optical acquiring of a target, the processing apparatus comprising a processor configured to ( col. 21, lines 25-30 ): control, in a case where an inspection object is irradiated with parallel light ( fig. 5, Col. 25, lines 53: a liquid sample with biological particles ), using wavelengths of 400 nm or longer (col. 5, lines 52-53), an imaging element ( 509, fig. 5A, Col. 27, line 13-19: detection elements, col. 21, line 25: light sensitive camera, col. 6, lines 32-34: CCD, CMOS ) to acquire, as an image, an image regarding the target in solvent separated from an image regarding the solvent ( col. 8: lines 9-12: processing the image (requires a processing apparatus) in such a manner that light intensity information from individual biological particles are identified as distinct from light intensity information from the background (solvent)) , based on optical imaging with an aperture that: allows passage of diffracted light based on diffraction due to passage of the parallel light through the target of the inspection object, and blocks the parallel light having passed through the solvent ( fig. 5, Col. 27, line 13-19 ); and acquire information regarding the target different from the solvent, based on the image acquired by the imaging element ( 509, fig. 5A, col. 8: lines 9-12: processing the image (requires a processing apparatus) in such a manner that light intensity information from individual biological particles are identified as distinct from light intensity information from the background ), but fails to disclose including at least two or more different wavelength spectra of light, to acquire, as a color image, an image regarding the target in solvent separated from an image regarding the solvent; the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens and acquiring information regarding the target different from the solvent, based on the color image acquired by the imaging element, wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light, and estimating a distribution of information related to a physical-property of the target different from the solvent. However, Zuzak teaches an optical imaging apparatus ( Abstract ) comprising a light including at least two or more different wavelength spectra of light ( [0170]: broadband illumination source ) and an imaging element ( [0238] a digital camera ), to acquire, as a color image, an image regarding the target in solvent separated from an image regarding the solvent; and acquire information regarding the target different from the solvent, based on the color image acquired by the imaging element ( Abstract, [0015]: hyperspectral imaging inherently separates components in an image as known in the art, ([0238] The resulting gray scale or color encoded images ), wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light ( [0025] The system captures a hyperspectral image cube, [0335]each pixel contains spectral intensity data across multiple wavelengths, figs. 55A-55B, [0298]deconvolution algorithms are applied per pixel, [0280], [0336] multivariate least squares regression compares measured spectra reference spectra ), and estimating a distribution of information related to a physical-property of the target different from the solvent ([0280] gray scale image is a visual representation of spatial distribution, relative linear contributions represents concentration or abundance of the oxyhemoglobin and the contribution of oxyhemoglobin is a direct measure of physical property of tissue oxygenation, the measured spectra from a pixel includes light interaction with everything in the path: the target oxyhemoglobin and the solvent mix (blood plasma, bile, water ) and the algorithm is to isolate the signals of the target ). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg by incorporating including at least two or more different wavelength spectra of light, to acquire, as a color image, an image regarding the target in solvent separated from an image regarding the solvent; and acquire information regarding the target different from the solvent, based on the color image acquired by the imaging element, wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light, and estimating a distribution of information related to a physical-property of the target different from the solvent to improve sensitivity as some biological tissues or chemical compounds only react to specific wavelengths of light and using a broadband source ensures the system captures the most relevant spectral features. Glensbjerg, when modified by Zuzak, fails to disclose the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens However, Glensbjerg teaches keeping the beam’s divergence very low (col. 5, lines 47-51, col. 13, lines 43-57). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg and Zuzak by incorporating the parallel light having an angle of divergence of not more than tan -1 (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens in order to enhance the contrast (col. 13, lines 43-57). Regarding claim 12, Glensbjerg teaches an optical imaging method for a target, the optical imaging method comprising ( Abstract ): acquiring, in a case where an inspection object is irradiated with parallel light ( fig. 5, Col. 25, lines 53: a liquid sample with biological particles ) using wavelengths of 400 nm or longer ( col. 5, lines 52-53 ) , with an imaging element ( 509, fig. 5A ) , an image regarding the target in solvent separated from an image regarding the solvent, based on optical imaging ( col. 8: lines 9-12: processing the image (requires a processing apparatus) in such a manner that light intensity information from individual biological particles are identified as distinct from light intensity information from the background) with an aperture that: allows passage of diffracted light based on diffraction due to passage of the parallel light through the target of the inspection object, and blocks the parallel light having passed through the solvent ( fig. 5, Col. 27, line 13-19 ); and acquiring information regarding the target different from the solvent, image acquired by the imaging element ( col. 8: lines 9-12: processing the image (requires a processing apparatus) in such a manner that light intensity information from individual biological particles are identified as distinct from light intensity information from the background ), but fails to disclose including at least two or more different wavelength spectra of light, acquiring with an imaging element, as a color image, an image regarding the target in solvent separated from an image regarding the solvent, the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens; and acquiring information regarding the target different from the solvent, based on the color image acquired by the imaging element, wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light, and estimating a distribution of information related to a physical-property of the target different from the solvent. However, Zuzak teaches an optical imaging apparatus ( Abstract ) comprising a light including at least two or more different wavelength spectra of light ( [0170]: broadband illumination source ) and acquiring with an imaging element ( [0238] a digital camera ), as a color image ([0238] The resulting gray scale or color encoded images ), an image regarding the target in solvent separated from an image regarding the solvent, and acquiring information regarding the target different from the solvent, based on the color image acquired by the imaging element ( Abstract, [0015]: hyperspectral imaging inherently separates components in an image as known in the art, ([0238] The resulting gray scale or color encoded images ), wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light ( [0025] The system captures a hyperspectral image cube, [0335]each pixel contains spectral intensity data across multiple wavelengths, figs. 55A-55B, [0298]deconvolution algorithms are applied per pixel, [0280], [0336] multivariate least squares regression compares measured spectra reference spectra ), and estimating a distribution of information related to a physical-property of the target different from the solvent ( [0280] gray scale image is a visual representation of spatial distribution, relative linear contributions represents concentration or abundance of the oxyhemoglobin and the contribution of oxyhemoglobin is a direct measure of physical property of tissue oxygenation, the measured spectra from a pixel includes light interaction with everything in the path: the target oxyhemoglobin and the solvent mix (blood plasma, bile, water ) and the algorithm is to isolate the signals of the target ). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg by incorporating including at least two or more different wavelength spectra of light, acquiring with an imaging element, as a color image, an image regarding the target in solvent separated from an image regarding the solvent, and acquiring information regarding the target different from the solvent, based on the color image acquired by the imaging element, wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light, and estimating a distribution of information related to a physical-property of the target different from the solvent as taught by Zuzak to improve sensitivity as some biological tissues or chemical compounds only react to specific wavelengths of light and using a broadband source ensures the system captures the most relevant spectral features. Glensbjerg, when modified by Zuzak, fails to disclose the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens However, Glensbjerg teaches keeping the beam’s divergence very low ( col. 5, lines 47-51, col. 13, lines 43-57 ). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg and Zuzak by incorporating the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens in order to enhance the contrast (col. 13, lines 43-57). Regarding claim 15, Glensbjerg teaches non-transitory storage medium ( computer means ) storing an optical imaging program for a target ( biological particles ), the optical imaging program causing a computer to perform ( col. 21, lines 26-30 ): acquiring, in a case where an inspection object is irradiated with parallel light ( fig. 5, Col. 25, lines 53: a liquid sample with biological particles ) using wavelengths of 400 nm or longer ( col. 5, lines 52-53 ), with an imaging element, as an image, an image regarding the target in solvent separated from an image regarding the solvent, based on optical imaging ( col. 8: lines 9-12: processing the image (requires a processing apparatus) in such a manner that light intensity information from individual biological particles are identified as distinct from light intensity information from the background) with an aperture that: allows passage of diffracted light based on diffraction due to passage of the parallel light through the target of the inspection object, and blocks the parallel light having passed through the solvent ( fig. 5, Col. 27, line 13-19 ); and acquiring information regarding the target different from the solvent, based on the image acquired by the imaging element ( col. 8: lines 9-12: processing the image (requires a processing apparatus) in such a manner that light intensity information from individual biological particles are identified as distinct from light intensity information from the background ), but fails to disclose including at least two or more different wavelength spectra of light, acquiring with an imaging element, as a color image, an image regarding the target in solvent separated from an image regarding the solvent, the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens; and acquiring information regarding the target different from the solvent, based on the color image acquired by the imaging element, wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light, and estimating a distribution of information related to a physical-property of the target different from the solvent. However, Zuzak teaches an optical imaging apparatus ( Abstract ) comprising a light including at least two or more different wavelength spectra of light ( [0170]: broadband illumination source ) and acquiring with an imaging element ( [0238] a digital camera ), as a color image ([0238] The resulting gray scale or color encoded images ), an image regarding the target in solvent separated from an image regarding the solvent, and acquiring information regarding the target different from the solvent, based on the color image acquired by the imaging element ( Abstract, [0015]: hyperspectral imaging inherently separates components in an image as known in the art, ([0238] The resulting gray scale or color encoded images ), wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light ( [0025] The system captures a hyperspectral image cube, [0335]each pixel contains spectral intensity data across multiple wavelengths, figs. 55A-55B, [0298]deconvolution algorithms are applied per pixel, [0280], [0336] multivariate least squares regression compares measured spectra reference spectra ), and estimating a distribution of information related to a physical-property of the target different from the solvent( [0280] gray scale image is a visual representation of spatial distribution, relative linear contributions represents concentration or abundance of the oxyhemoglobin and the contribution of oxyhemoglobin is a direct measure of physical property of tissue oxygenation, the measured spectra from a pixel includes light interaction with everything in the path: the target oxyhemoglobin and the solvent mix (blood plasma, bile, water ) and the algorithm is to isolate the signals of the target ). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg by incorporating including at least two or more different wavelength spectra of light, acquiring with an imaging element, as a color image, an image regarding the target in solvent separated from an image regarding the solvent, and acquiring information regarding the target different from the solvent, based on the color image acquired by the imaging element, wherein the acquiring of the information regarding the target includes: comparing, at each pixel of the color image, intensities of the at least two or more different wavelength spectra of light, and estimating a distribution of information related to a physical-property of the target different from the solvent. as taught by Zuzak to improve sensitivity as some biological tissues or chemical compounds only react to specific wavelengths of light and using a broadband source ensures the system captures the most relevant spectral features. Glensbjerg, when modified by Zuzak, fails to disclose the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens However, Glensbjerg teaches keeping the beam’s divergence very low (col. 5, lines 47-51, col. 13, lines 43-57). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg and Zuzak by incorporating the parallel light having an angle of divergence of not more than ta PNG media_image1.png 12 15 media_image1.png Greyscale (d/f), where f represents a focal length of an illumination lens used for emitting the parallel light, and d represents a diameter of the illumination lens in order to enhance the contrast (col. 13, lines 43-57) . 07-21-aia AIA Claim s 4, 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Glensbjerg (US 10921234 B2) in view of Zuzak (US 20130296709 A1), and further in view of Yokokawa (US 20110235905 A1) . Regarding claim 4, Glensbjerg, when modified by Zuzak, teaches the optical imaging apparatus according to claim 1, wherein: when the processing apparatus estimates the distribution of the information related to the physical-property of the target ( col. 18, lines 29-42 ), but fails to disclose the processing apparatus is configured to: convert an output value of each pixel of the image into hue, and calculate a hue histogram to part or all of the pixels of the image. However, Yokokawa teaches an image processing apparatus and method ( Abstract ), the processing apparatus is configured to: convert an output value of each pixel of the image into hue, and calculate a hue histogram to part or all of the pixels of the image ( [0162] ). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg and Zuzak by incorporating the processing apparatus is configured to: convert an output value of each pixel of the image into hue, and calculate a hue histogram to part or all of the pixels of the image according to known methods to yield predictable results of ensuring better accuracy in color detection. Regarding claim 11, Glensbjerg, when modified by Zuzak, teaches the optical imaging apparatus according to claim 9, wherein When the processor estimates the distribution of the information related to the physical-property of the target ( col. 18, lines 29-42) , but fails to disclose the processor is configured to: convert an output value of each pixel of the color image into hue, and calculate a hue histogram to part or all of the pixels of the color image. However, Yokokawa teaches an image processing apparatus and method ( Abstract ), wherein the processor is configured to: convert an output value of each pixel of the color image into hue, and calculate a hue histogram to part or all of the pixels of the color image ( [0162] ). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg and Zuzak by incorporating the processor is configured to: convert an output value of each pixel of the color image into hue, and calculate a hue histogram to part or all of the pixels of the color image according to known methods to yield predictable results of ensuring better accuracy in color detection. Regarding claim 14, Glensbjerg, when modified by Zuzak, teaches the optical imaging method according to claim 12, but fails to disclose wherein the estimating of the distribution of the information related to the physical-property of the target includes: converting an output value of each pixel of the color image into hue; and calculating a hue histogram to part or all of the pixels of the color image. However, Yokokawa teaches an image processing apparatus and method ( Abstract ), wherein the estimating of the distribution of the information related to the physical-property of the target includes: converting an output value of each pixel of the color image into hue; and calculating a hue histogram to part or all of the pixels of the color image ( [0162] ). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg and Zuzak by incorporating wherein the estimating of the distribution of the information related to the physical-property of the target includes: converting an output value of each pixel of the color image into hue; and calculating a hue histogram to part or all of the pixels of the color image according to known methods to yield predictable results of ensuring better accuracy in color detection . 07-21-aia AIA Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Glensbjerg (US 10921234 B2) in view of Zuzak (US 20130296709 A1), and further in view of Sangu (US 20200173965 A1) Regarding claim 17, Glensbjerg, when modified by Zuzak, teaches the optical imaging method according to claim 1, but fails to disclose wherein comprising: a mirror provided between the illuminator and the lens in the solvent along an optical path of both the parallel light and the diffracted light, and configured to reflect both the parallel light and the diffracted light in the solvent toward the lens, the aperture, and the imaging element. However, the use of a mirror to direct light within a solvent is well known as disclosed Sangu ([0165]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Glensbjerg and Zuzak by incorporating a mirror provided between the illuminator and the lens in the solvent along an optical path of both the parallel light and the diffracted light, and configured to reflect both the parallel light and the diffracted light in the solvent toward the lens, the aperture, and the imaging element in order to provide a desired optical path length . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 16 (which depends on claim 1), 18 (which depends on claim 9), 19 (which depends on claim 12) and 20 (which depends on claim 15) 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 16 and 18: The prior art of record taken alone or in combination, fails to teach “ comprising a storage medium or a cloud server configured to store a relationship between at least one of a concentration ratio p, a temperature, and a density of the target, and a ratio y = (average of hues near a first peak of the hue histogram) / (average of hues near a second peak of the hue histogram), wherein the processing apparatus is configured to calculate the y value and estimate at least one of the concentration ratio p, the temperature, and the density of the target corresponding to the y value stored in the storage or the cloud server. ” Regarding claim 19: The prior art of record taken alone or in combination, fails to teach “ comprising storing a relationship between at least one of a concentration ratio p, a temperature, and a density of the target, and ratio y = (average of hues near a first peak of the hue histogram) / (average of hues near a second peak of the hue histogram) in a storage or a cloud server, wherein the estimating includes calculating the y value and estimating the at least one of the concentration ratio p, the temperature, and the density of the target corresponding to the y value stored in the storage or the cloud server ” Regarding claim 20: The prior art of record taken alone or in combination, fails to teach “ storing a relationship between at least one of a concentration ratio p, a temperature, and a density of the target, and a ratio y = (average of hues near a first peak of the hue histogram) / (average of hues near a second peak of the hue histogram) in a storage or a cloud server, wherein the estimating includes calculating the y value and estimating the at least one of the concentration ratio p, the temperature, and the density of the target corresponding to the y value stored in the storage or the cloud server ” Glensbjerg, when modified by Zuzak, teaches the optical imaging apparatus according to claim 4, comprising a storage medium ( computer inherently has a storage medium ) ( col. 21, lines 25-30 ) or a cloud server, Glensbjerg teaches correlating the results of the processing to the at least one quantity parameter and/or the at least one quality parameter of biological particles in a liquid sample ( col. 8, lines 13-15 ), however Glensbjerg does not disclose comprising a storage medium or a cloud server configured to store a relationship between at least one of a concentration ratio p, a temperature, and a density of the target, and a ratio y = (average of hues near a first peak of the hue histogram) / (average of hues near a second peak of the hue histogram), wherein the processing apparatus is configured to calculate the y value and estimate at least one of the concentration ratio p, the temperature, and the density of the target corresponding to the y value stored in the storage or the cloud server. The prior art of record fails to disclose “comprising a storage medium or a cloud server configured to store a relationship between at least one of a concentration ratio p, a temperature, and a density of the target, and a ratio y = (average of hues near a first peak of the hue histogram) / (average of hues near a second peak of the hue histogram), wherein the processing apparatus is configured to calculate the y value and estimate at least one of the concentration ratio p, the temperature, and the density of the target corresponding to the y value stored in the storage or the cloud server.” Conclusion 07-40 AIA 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 MOHAMED DOUMBIA whose telephone number is (571)272-8266. The examiner can normally be reached M-F 8:30-5:00 PM ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOHAMED DOUMBIA/Examiner, Art Unit 2877 /MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877 Application/Control Number: 18/174,684 Page 2 Art Unit: 2877 Application/Control Number: 18/174,684 Page 3 Art Unit: 2877 Application/Control Number: 18/174,684 Page 4 Art Unit: 2877 Application/Control Number: 18/174,684 Page 5 Art Unit: 2877 Application/Control Number: 18/174,684 Page 6 Art Unit: 2877 Application/Control Number: 18/174,684 Page 7 Art Unit: 2877 Application/Control Number: 18/174,684 Page 8 Art Unit: 2877 Application/Control Number: 18/174,684 Page 9 Art Unit: 2877 Application/Control Number: 18/174,684 Page 10 Art Unit: 2877 Application/Control Number: 18/174,684 Page 11 Art Unit: 2877 Application/Control Number: 18/174,684 Page 12 Art Unit: 2877 Application/Control Number: 18/174,684 Page 13 Art Unit: 2877 Application/Control Number: 18/174,684 Page 14 Art Unit: 2877 Application/Control Number: 18/174,684 Page 15 Art Unit: 2877 Application/Control Number: 18/174,684 Page 16 Art Unit: 2877 Application/Control Number: 18/174,684 Page 17 Art Unit: 2877 Application/Control Number: 18/174,684 Page 18 Art Unit: 2877 Application/Control Number: 18/174,684 Page 19 Art Unit: 2877 Application/Control Number: 18/174,684 Page 20 Art Unit: 2877 Application/Control Number: 18/174,684 Page 21 Art Unit: 2877
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