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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 reads “Device for specific illumination of a biological sample” in line 1 and should read --A device for specific illumination of a biological sample--
Appropriate correction is required.
Allowable Subject Matter
Claims 7, 8, 12-14, and 16-19 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.
Regarding claims 7, 8, and 16-19, Blasius et al. (DE102020111144B4, with reference made to provided machine translation) teaches (in figure 2-7) a device for specific illumination of a biological sample (see paragraphs 20 and 71), comprising; at least one internal space (inside housing section 107) which is designed to hold at least one biological sample (sample 120, see paragraph 20) or which is designed to comprise at least one container (functional component 104 for holding sample 120) designed to hold at least one biological sample, and further comprising at least one illumination means (UV source 122) which is designed to emit at least one specific biologically active wavelength (paragraph 20), wherein the internal space is at least partially surrounded by at least one wall element (housing section 107) and, except for at least one window (housing section 106) for observing and/or illuminating the internal space (paragraph 71), protected from the ingress of light by at least one light-proof material (paragraph 65), characterized in that wherein the at least one window comprises at least one switchable element (housing section 106) being of switchable color and/or light transmittance (paragraph 71).
However, the prior art taken alone or in combination fails to teach or fairly suggest to one of ordinary skill in the art at the time of filing a device or method comprising two or more internal spaces/cavities which are each provided with a switchable element and each switchable element is independently controllable in combination with the other required elements of claims 7, 8, and 16-19 respectively and claim 1 from which claims 7, 8, and 16-19 depend.
Regarding claim 12, Xing (CN1362048A, with reference made to provided machine translation, Xing) teaches (in figure 1) a device for specific illumination of a biological sample (see paragraphs 2 and 37), comprising; at least one internal space (inside dark chamber 6) which is designed to hold at least one biological sample (paragraph 37) or which is designed to comprise at least one container (sample holder 5) designed to hold at least one biological sample, and further comprising at least one illumination means (excitation light source 1-1) which is designed to emit at least one specific biologically active wavelength (paragraph 38), wherein the internal space is at least partially surrounded by at least one wall element (walls of dark chamber 6) and, except for at least one window (shutter of the excitation light source, see figure 1 and paragraph 38) for observing and/or illuminating the internal space (paragraph 38), protected from the ingress of light by at least one light-proof material (dark chamber 6), characterized in that wherein the at least one window comprises at least one switchable element (shutter of the excitation light source, see figure 1 and paragraph 38) being of switchable color and/or light transmittance (paragraph 38) wherein the wall element is formed of a light-proof material (paragraph 38).
Wei (CN107236667, with reference made to provided machine translation) teaches (in figures 1-2) a petri dish enclosing a biological sample in an internal space (accommodating cavity 4) comprising a wall element (side wall 11 and side wall of lid 3) which comprises two parts (side wall 11 and side wall of lid 3) that are attached to each other by at least one interlockable connecting structure (side wall 11, side wall of lid 3, suction cup 12, and rubber ring 6) comprising a gas-permeable opening (rubber ring 6 comprises air permeable holes 8).
However, there is no teaching, suggestion or motivation to modify the exposure chamber of Xing with the petri dish of Wei and as such the prior art taken alone or in combination fails to teach or fairly suggest to one of ordinary skill in the art at the time of filing a device in which the wall element comprises at least two parts that are attached to each other by at least one interlockable connecting structure comprising a light-tight but gas permeable opening.
Claims 13 and 14 would be allowable by virtue of their dependency.
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.
Claim(s) 1, 2, 4, 5, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blasius et al. (DE102020111144B4, with reference made to provided machine translation, Blasius).
As per claim 1, Blasius teaches (in figure 2-7) a device for specific illumination of a biological sample (see paragraphs 20 and 71), comprising; at least one internal space (inside housing section 107) which is designed to hold at least one biological sample (sample 120, see paragraph 20) or which is designed to comprise at least one container (functional component 104 for holding sample 120) designed to hold at least one biological sample, and further comprising at least one illumination means (UV source 122) which is designed to emit at least one specific biologically active wavelength (paragraph 20), wherein the internal space is at least partially surrounded by at least one wall element (housing section 107) and, except for at least one window (housing section 106) for observing and/or illuminating the internal space (paragraph 71), protected from the ingress of light by at least one light-proof material (paragraph 65), characterized in that wherein the at least one window comprises at least one switchable element (housing section 106) being of switchable color and/or light transmittance (paragraph 71).
As per claim 2, Blasius teaches (in figure 2-7) that the switchable element (housing section 106) comprises at least one electrochromic material (paragraph 53).
As per claim 4, Blasius teaches (in figure 2-7) that the switchable element (housing section 106) is a liquid crystal display (LCD) or an independently controlled segment of an LCD (paragraph 71).
As per claim 5, Blasius teaches (in figure 2-7) that the switchable element (housing section 106) comprises at least one light shutter (paragraph 71).
As per claim 9, Blasius teaches (in figure 2-7) that the illumination means (UV source 122) is disposed and/or aligned such that each illumination means is targeted at at least one selected biological sample (sample 120, see paragraph 20), container (functional component 104 for holding sample 120), cavity (inside housing section 107) and/or window (housing section 106) (see figure 7).
As per claim 10, Blasius teaches (in figure 2-7) that the illumination means (UV source 122), the window (housing section 106) and the cavity (inside housing section 107) are disposed in an aligned arrangement (see figure 7).
As per claim 11, Blasius teaches (in figure 2-7) that the switchable element (housing section 106) comprises or is coupled with at least one control element (analysis device 124 which is coupled through control unit 108 to housing section 106) for controlling the illumination means and/or the illumination of the biological sample in the internal space (paragraph 73).
Claim(s) 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xing et al. (CN1362048A, with reference made to provided machine translation, Xing).
As per claim 15, Xing teaches (in figure 1) a method for specifically illuminating at least one biological sample (paragraph 2), comprising: illuminating the biological with at least one specific biologically active wavelength (by excitation light source 1-1), and wherein the sample is protected from light by at least one light-proof material (dark chamber 6) and can be observed and/or illuminated through at least one window (shutter of the excitation light source, see figure 1 and paragraph 38), characterized in that wherein an exposure of the biological sample to light is controlled by changing a color and/or light transmittance of the window by means of via at least one control unit (controlled by computer 4, see paragraph 38), wherein said color, light transmittance and/or transparency can be switched between at least two states, a first state preventing light exposure of the sample and at least one second state allowing the exposure of the sample to light (paragraph 38).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Blasius et al. (DE102020111144B4, with reference made to provided machine translation, Blasius) as applied to claim 2 above and in further view of Cho et al. (US Pub. 20200073191, Cho).
As per claim 3, Blasius does not specifically teach that the switchable element comprises at least two different electrochromic materials.
However, Cho teaches (in figures 1-3) forming a switchable element (electrochromic device 100) to comprise multiple electrochromic materials (electrochromic materials 220a, 220b, and 220c) in order to provide excellent shielding ability while reducing the thickness of the electrochromic device (paragraphs 16-17).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the switchable element in Blasius to include multiple electrochromic materials as suggested by Cho in order to provide excellent shielding ability while reducing the thickness of the electrochromic device.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Blasius et al. (DE102020111144B4, with reference made to provided machine translation, Blasius) as applied to claim 1 above and in further view of Derderian et al. (USP 4151411, Derderian).
As per claim 6, Blasius does not specifically teach that the switchable element comprises at least two polarization filters, one of which being fixed and the other one being turnable in its plane.
However, Derderian teaches (in figure 1) forming a switchable element (automatic adjustable radiant energy filter system 11) to comprise at least two polarization filters (fixed polarizer 23 and rotatable polarizer 27), one of which being fixed and the other one being turnable in its plane in order to safely and quickly control the amount of light which is allowed to pass (Col. 2 line 26-Col. 3 line 14).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the switchable element in Blasius with the switchable element of Derderian in order to safely and quickly control the amount of light which is allowed to pass.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Moulton et al. (US Pub. 20190064241) is cited for teaching a device for a biological sample comprising; at least one internal space (inside of container 100) which is designed to hold at least one biological sample or which is designed to comprise at least one container (container 100) designed to hold at least one biological sample, wherein the internal space is at least partially surrounded by at least one wall element (walls of container 100) and, except for at least one window (transparent region of 100 as shown in figure 8) for observing and/or illuminating the internal space, protected from the ingress of light by at least one light-proof material (thermochromic ink see paragraph 21), characterized in that wherein the at least one window comprises at least one switchable element (thermochromic ink see paragraph 21) being of switchable color and/or light transmittance (paragraph 22).
Chang et al. (US Pub. 20190226946) is cited for teaching (in figures 1A-1B) a device for a biological sample comprising; at least one internal space (storing space 130) which is designed to hold at least one biological sample or which is designed to comprise at least one container (sample collection component 100) designed to hold at least one biological sample, wherein the internal space is at least partially surrounded by at least one wall element (walls of main body 110) which is protected from the ingress of light by at least one light-proof material (removable light shielding component 120).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER P GROSS whose telephone number is (571)272-5660. The examiner can normally be reached Monday-Friday 9am-6pm EST.
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/ALEXANDER P GROSS/Primary Examiner, Art Unit 2871