DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 8, and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cherubini et al. (US 8,797,526).
With respect to claim 1, Cherubini teaches an apparatus for detecting optical signals, comprising:
a movable mount (6: col. 8 lines 45-65) for carrying a set of light guides (see fibers 13/14), the set of light guides having an excitation light guide (13) and an emission light guide (14); an
excitation light engine module (excitation arrangement 7) for providing light (provided by 8) to the excitation light guide (13); and
an emission light detector module (10) for detecting light from the emission light guide, wherein each distal end (see end portions 15) of the excitation light guide and the emission light guide are respectively connected (see connection within 6 from 15 to ends 61) to the excitation light engine module and the emission light detector module,
wherein each proximal end of the excitation light guide and the emission light guide are both connected (see Fig. 1-2) to the movable mount, and moved via the movable mount to be in optical communication with one reaction cavity (see wells, see multi-well plate 3 for example Fig. 1-3) at a time, among a plurality of reaction cavities.
With respect to claim 2, Cherubini teaches the movable mount carries two or more sets of light guides (see numerous fibers 13/14).
With respect to claim 3, Cherubini teaches the movable mount moves the proximal end of each set of light guides to follow a predetermined path (see vertical movement, col. 17 line 35-60 moving into operative/inoperative position) designed for positioning each set of light guides to be in optical communication with one reaction cavity at a time.
With respect to claim 8, Cherubini teaches the movable mount is moved by a motor unit (see spindle drive), the motor unit having an x-axis motor and a y-axis motor (col. 17 lines 35-40).
With respect to claim 11, Cherubini teaches the proximal end of each excitation light guide and emission light guide are connected to the movable mount via a connector having a pick-off mirror (see col. 16 lines 35-40, col. 17 lines 20-30) for metering light.
With respect to claim 12, Cherubini teaches the excitation light engine module comprises one light source, wherein one set of light guides is installed for each light source (col. 16 lines 25-45).
With respect to claim 13, Cherubini teaches the emission light detector module comprises one or more detectors (col. 17 lines 1-15), wherein one set of light guides is installed for each detector.
With respect to claim 14, Cherubini teaches the number of light sources, the number of detectors, and the number of sets of light guides are the same (see one or more detectors/emitters col. 5 lines 15-40).
With respect to claim 15, Cherubini teaches each set of light guides is designated for guiding (see fiber optic channel guiding light to and from well Fig. 1) optical signals to and from one sample group (samples with in well of chambers) having a plurality of reaction cavities.
With respect to claim 16, Cherubini teaches the position of the two sets of light guides is moved (for example by spindle drive) within the designated sample group (group of the multi-well module) by the movable mount upon completing (see moved to uploading position) a cycle of irradiating excitation light of two or more different wavelength (col. 16-25-40) spectra for each reaction cavity.
With respect to claim 17, Cherubini teaches the excitation light of two or more different wavelength spectra is irradiated at the same time (see light source emitting two wavelengths col. 16 lines 25-30) via the two or more sets of light guides, each connected to the excitation light engine module.
With respect to claim 18, Cherubini teaches the excitation light engine module comprises, two or more light sources and an excitation rotary wheel having two or more excitation filters (see filter wheel col. 16 lines 45-50), wherein the two or more light sources each generate light that passes the two or more excitation filters successively as the excitation rotary wheel rotates.
With respect to claim 19, Cherubini teaches emission light of two or more different wavelength spectra is detected at the same time via the two or more sets of light guides, each connected to the emission light detector module (see emission fibers show in Fig. 1 receiving the emission light).
With respect to claim 20, Cherubini teaches the emission light detector module comprises, two or more detectors (see CCDs col. 17 lines 1-10) and an emission rotary wheel having two or more emission filters (see filter wheel 51), wherein the two or more detectors each detects light that passes the two or more emission filters successively as the emission rotary wheel rotates (col. 16 lines 60-67).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Cherubini et al. (US 8,797,526) in view of Jo et al. (US 2012/0313008).
With respect to claim 4, Cherubini teaches the plurality of reaction cavity; however, does not teaches assigning a plurality of sample groups. Jo teaches ([0076]-[0078]) the known use of a plurality of sample groups (160a-n, 161), and the proximal end of each set of light guides is arranged on the movable mount such that one set of light guides is designated for guiding optical signals to and from one respective sample group. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Cherubini to try the known use of a grouping sets of samples such that the proximal end of each set of light guides is arranged on the movable mount such that one set of light guides is designated for guiding optical signals to and from one respective sample group to achieve predictable result of detecting samples in wells.
With respect to claim 5, Cherubini teaches the use of one of more LEDs as the source. Jo further teaches, a first sample group (160a) and a second sample group (160b) are respectively irradiated via a first light source and a second light source (111 see Fig. 5) provided in the excitation light engine module. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Cherubini to try the know use of first and second light source for benefit of controlling the excitation for different configurations.
With respect to claim 6, Cherubini teaches the known use of different wavelengths; however, does not define a plurality of groups. Jo teaches one reaction cavity from the first sample group (paragraph 0048-49) and one reaction cavity from the second sample group (paragraph 0064-65, 71) are irradiated with excitation light of different wavelength spectra at the same time. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Cherubini to try the know use of first and second wavelengths for benefit of analyzing each group distinctly.
With respect to claim 7, Cherubini teaches emission light is detected via a plurality of detectors. Jo teaches emission from one reaction cavity from the first sample group and one reaction cavity from the second sample group are respectively detected via a detector. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify use the groups of the Jo with the first and second detectors of Cherubini for the benefit of accurately detecting a plurality of wavelength emissions.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Cherubini et al. (US 8,797,526) in view of Modin et al. (US 6,469,311).
With respect to claim 9, Cherubini teaches the motor unit is connected to a support structure and a thermal module (2) for applying specific temperature cycles to the plurality of reaction cavities (col. 20 lines 7-25). Cherubini does not teach the support structure is above the thermal module. Modin teaches the known use of a support structure wherein a support structure is above the sensing plate. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Cherubini to try the known placement for a support as seen in Modin for the benefit of quick placement in multiple directions (col. 32 lines 1-10)
With respect to claim 10, Cherubini teaches the plurality of reaction cavities and the thermal module at the bottom however does not teach the cavity is disposed underneath the support structure, between the movable mount and the thermal module. Modin teaches the cavity is disposed underneath the support structure (see below platform supporting motor Fig.3), between the movable mount (upper portion of 130). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Cherubini to try the known placement of the cavity between the mount and the thermal module for the predictable result of simplifying aces to the mount for maintenance.
Conclusion
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/CAROLYN FIN/Examiner, Art Unit 2884