DETAILED ACTION
This final rejection is responsive to the amendment filed 09 July 2026. Claims 1-8 and 10-18 are pending. Claims 1, 10, and 14 are independent claims. Claims 1, 10, and 14 are amended. Claim 9 is cancelled.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Remarks
35 U.S.C. 103
Applicant’s prior art arguments have been fully considered and they are persuasive.
Applicant argues that the cited references do not teach the newly amended claims which specify a using a circle detection algorithm.
Examiner agrees. Accordingly, a new reference, Shams (US 2004/0047499 A1), has been added to the rejection, as further detailed below.
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 1, 7, 8, 10, 14, 16, and 17 and rejected under 35 U.S.C. 103 as being unpatentable over Finkbeiner (US 2003/0103662 A1) hereinafter known as Finkbeiner in view of Desplats (US 2008/0218750 A1) hereinafter known as Desplats in view of Tsai (US 2021/0302322 A1) hereinafter known as Tsai in view of Shams (US 2004/0047499 A1) hereinafter known as Shams
Regarding independent claim 1, Finkbeiner teaches:
a microscope having a field of view; (Finkbeiner: Fig. 1 and ¶[0063] Finkbeiner teaches a microscope with a camera.)
... sensor having a focal point; (Finkbeiner: ¶[0069]; Finkbeiner teaches a camera with a focal plane.)
a stage to support a .... substance...; (Finkbeiner: Fig. 1 and ¶[0063]; Finkbeiner teaches a stage for tissue culture.)
an actuator to move at least one of the single-point sensor or the stage relative to one another; and (Finkbeiner: Fig. 1 and ¶[0069]; Finkbeiner teaches motors that control the stage in X, Y, and Z directions.)
an alignment controller to: identify a first location of a first substance of the plurality of substances on the stage based upon first signals from the microscope; (Finkbeiner: Fig. 1 and ¶[0069], ¶[0076], and ¶[0080]; Finkbeiner teaches motors that control the stage in X, Y, and Z directions based on various settings from the microscope.)
output first sensor alignment signals to the actuator to align the first location of the first substance on the stage with the focal point of the single-point sensor based upon the identified first location of the first substance.; (Finkbeiner: Fig. 6B and ¶[0078], ¶[0082]-¶[0084]; Finkbeiner teaches modifying the focal distance between the substrate and the microscope object/optics by providing a slope or a tilt.)
...
...
...
Finkbeiner does not explicitly teach but Desplats teaches:
a single-point sensor ... ; (Desplats: ¶[0015]-¶[0022]; Desplats teaches sensors which include infrared which are single-point TRE or PICA type.)
Desplats is in the same field of endeavor as the present invention, since it is directed to microscopes. It would have been obvious, before the effective filing date of the claimed invention, to a person of ordinary skill in the art, to combine a microscope that is capable of aligning a substrate based on signals from the microscope as taught in Finkbeiner with a single-point sensor as taught in Desplats. As such, it would have been obvious to one of ordinary skill in the art to modify the teachings of Finkbeiner to include teachings of Desplats because the combination would allow supporting multiple observation means, as suggested by Desplats: ¶[0015]-¶[0022].
Finkbeiner in view of Desplats does not explicitly teach but Tsai teaches:
identify a second location of a second substance of the plurality of substances on the stage based upon second signals from the microscope, wherein the second signals from the microscope correspond to an image of the stage, and (Tsai: Fig. 5B and ¶[0012] and ¶[0129]; Tsai teaches moving the stage to the next sample.)
...
output second sensor alignment signals to the actuator to align the second location of the second substance on the stage with the focal point of the single-point sensor based upon the identified second location of the second substance. (Tsai: ¶[0062]-¶[0068]; Tsai teaches adjusting the z-axis stage position for optimal focus.)
Tsai is in the same field of endeavor as the present invention, since it is directed to microscopes. It would have been obvious, before the effective filing date of the claimed invention, to a person of ordinary skill in the art, to combine a microscope that is capable of aligning a substrate based on signals from the microscope as taught in Finkbeiner with using multiple substances; switching to the next substances; and positioning for optimal focus as taught in Tsai. As such, it would have been obvious to one of ordinary skill in the art to modify the teachings of Finkbeiner to include teachings of Tsai because the combination would allow focusing on the sample, as suggested by Tsai: ¶[0062].
Finkbeiner in view of Desplats in view of Tsai does not explicitly teach but Shams teaches:
wherein the alignment controller is to apply a circle detection algorithm to the image of the stage to identify the second location of the second substance on the stage as a circle, the circle corresponding to a deposited droplet; and (Shams: ¶[0036] and ¶[0062]; Shams teaches automatic circle detection, which uses Hough transform for circle detection.)
Shams is in the same field of endeavor as the present invention, since it is directed to locating samples. It would have been obvious, before the effective filing date of the claimed invention, to a person of ordinary skill in the art, to combine a microscope that is capable of aligning a substrate based on signals from the microscope and using multiple substances; switching to the next substances; and positioning for optimal focus as taught in Finkbeiner in view of Tsai with further using a circle detection algorithm as taught in Shams. As such, it would have been obvious to one of ordinary skill in the art to modify the teachings of Finkbeiner and Tsai to include teachings of Sham because the combination would allow locating the sample spots, as suggested by Sham: ¶[0036].
Regarding claim 7, Finkbeiner in view of Desplats in view of Tsai in view of Shams teaches the single point sensing system of claim 1.
Desplats further teaches:
where the single point sensor is selected from a group of sensors consisting of: a spectrometer, a Raman spectrometer, UV/VIS spectrometer, a colorimeter, a fluorimeter, a non-linear spectrometer, and an ultrafast laser spectrometer. (Desplats: ¶[0015]-¶[0022]; Desplats teaches sensors which include infrared which are single-point TRE or PICA type.)
Regarding claim 8, Finkbeiner in view of Desplats in view of Tsai in view of Shams teaches the single point sensing system of claim 1.
Finkbeiner further teaches:
wherein the actuator is to move the stage relative to the microscope and the single point sensor. (Finkbeiner: Fig. 1 and ¶[0069]; Finkbeiner teaches motors that control the stage in X, Y, and Z directions.)
Regarding claim 10 and 14, these claims recite a method and a non-transitory computer-readable medium that performs the function of a single point sensing system of claim 1; therefore, the same rationale for rejection applies.
Regarding claim 16, Finkbeiner in view of Desplats in view of Tsai in view of Shams teaches the single point sensing system of claim 1.
Tsai further teaches:
further comprising: a substrate supported by the stage, wherein the plurality of substances are on the substrate, and wherein the alignment controller is to: identify the first location of the first substance on the substrate as a first set of x, y, z coordinates based upon the first signals from the microscope; and identify the second location of the second substance on the substrate as a second set of x, y, z coordinates. (Tsai: Figs. 3-5B and ¶[0012], ¶[0071], ¶[0077-¶[0083]], and ¶[0129]; Tsai teaches moving the stage to the next sample using mapped coordinates.)
Regarding claim 17, Finkbeiner in view of Desplats in view of Tsai in view of Shams teaches the single point sensing system of claim 1.
Tsai further teaches:
wherein the alignment controller is to output the second sensor alignment signals to the actuator to align the second location of the second substance on the stage with the focal point of the single-point sensor by: moving the stage from a first position in which the first location of the first substance is aligned with the focal point of the single-point sensor to a second position in which the second location of the second substance is aligned with the focal point of the single-point sensor. (Tsai: Figs. 5A-5B and ¶[0012], ¶[0117], and ¶[0129]; Tsai teaches moving the stage to the next sample.)
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Finkbeiner in view of Desplats in view of Tsai in view of Shams in view of Tanaami (US 2003/0095254 A1) hereinafter known as Tanaami.
Regarding claim 18, Finkbeiner in view of Desplats in view of Tsai in view of Shams teaches the single point sensing system of claim 1.
Finkbeiner in view of Desplats in view of Tsai does not explicitly teach but Tanaami teaches:
wherein the alignment controller is to output the second sensor alignment signals to the actuator to align the second location of the second substance on the stage with the focal point of the single-point sensor by: moving the single-point sensor from a first position in which the first location of the first substance is aligned with the focal point of the single-point sensor to a second position in which the second location of the second substance is aligned with the focal point of the single-point sensor. (Tanaami: ¶[0046];Tanaami teaches movement of the objective lens to the sample.)
Tanaami is in the same field of endeavor as the present invention, since it is directed to adjusting positioning of samples and sensors. It would have been obvious, before the effective filing date of the claimed invention, to a person of ordinary skill in the art, to combine a microscope that is capable of adjusting positioning to different samples by moving the stages as taught in Finkbeiner with further moving the sensor as taught in Tanaami. As such, it would have been obvious to one of ordinary skill in the art to modify the teachings of Finkbeiner and Tsai to include teachings of Tanaami because the combination would allow measuring at high speeds, as suggested by Tanaami: ¶[0046].
Claims 2-6, 11-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Finkbeiner in view of Desplats in view of Tsai in view of Shams in view of Chiu (US 2022/0118454 A1) hereinafter known as Chiu.
Regarding claim 2, Finkbeiner in view of Desplats in view of Tsai in view of Shams teaches the single point sensing system of claim 1.
Chiu further teaches:
further comprising a fluid droplet dispenser to dispense fluid containing the first substance onto a deposition site of the stage, wherein the alignment controller is further to: output microscope alignment signals to the actuator to locate the deposition site within the field of view of the microscope. (Chiu: ¶[0072] and ¶[0085]; Chiu teaches sorting droplets ejected by the device.)
Chiu is in the same field of endeavor as the present invention, since it is directed to microscopes with adjustable stages. It would have been obvious, before the effective filing date of the claimed invention, to a person of ordinary skill in the art, to combine a microscope that is capable of aligning a substrate based on signals from the microscope as taught in Finkbeiner with further a fluid droplet dispense that dispenses fluid onto a deposition site as taught in Chiu. As such, it would have been obvious to one of ordinary skill in the art to modify the teachings of Finkbeiner to include teachings of Chiu because the combination would allow sorting the droplets, as suggested by Chiu: ¶[0072].
Regarding claim 3, Finkbeiner in view of Desplats in view of Tsai in view of Shams in view of Chui teaches the single point sensing system of claim 2.
Chiu further teaches:
wherein the alignment controller is to determine a location of the deposition site on the stage based upon characteristics and operation of the fluid droplet dispenser and the stage. (Chiu: ¶[0072] and ¶[0085]; Chiu teaches sorting droplets ejected by the device, which includes moving the stage.)
Regarding claim 4, Finkbeiner in view of Desplats in view of Tsai in view of Shams in view of Chui teaches the single point sensing system of claim 2.
Chiu further teaches:
wherein the deposition site contains a single droplet. (Chiu: ¶[0072] and ¶[0085]; Chiu teaches sorting droplets ejected by the device, which includes moving the stage. Chiu teaches a single droplet.)
Regarding claim 5, Finkbeiner in view of Desplats in view of Tsai in view of Shams in view of Chui teaches the single point sensing system of claim 4.
Chiu further teaches:
wherein the single droplet has a maximum width of no greater than 500 microns at the deposition site. (Chiu: ¶[0066]; Chiu teaches a droplet between 300 and 500 microns.)
Regarding claim 6, Finkbeiner in view of Desplats in view of Tsai in view of Shams teaches the single point sensing system of claim 1.
Chiu further teaches:
wherein the first substance is contained in a sample mass having a diameter of no greater than 2 mm. (Chiu: ¶[0103]; Chiu teaches ejecting droplets having an average diameter in a range of about 10 micrometers to 2 mm.)
Chiu is in the same field of endeavor as the present invention, since it is directed to microscopes with adjustable stages. It would have been obvious, before the effective filing date of the claimed invention, to a person of ordinary skill in the art, to combine a microscope that is capable of aligning a substrate based on signals from the microscope as taught in Finkbeiner with further a fluid droplet having a specific diameter as taught in Chiu. As such, it would have been obvious to one of ordinary skill in the art to modify the teachings of Finkbeiner to include teachings of Chiu because the combination would allow sorting the droplets, as suggested by Chiu: ¶[0072].
Regarding claim 11-13 and 15, these claims recite a method and a non-transitory computer-readable medium that performs the function of a single point sensing system of claims 2-9; therefore, the same rationale for rejection applies.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX OLSHANNIKOV whose telephone number is (571)270-0667. The examiner can normally be reached M-F 9:30-6.
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/ALEKSEY OLSHANNIKOV/Primary Examiner, Art Unit 2118
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