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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings filed on 09/12/2023 are acknowledged and accepted.
Response to Amendment
The amendments filed on 1/13/2026 are acknowledged and accepted. Claims 1 and 8 are amended and Claims 1-8 remain pending in the application.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Araya (US20090135476A1, foreign equivalent present in the IDS dated 02/24/2025) in view of Mano (US20110036993A1, foreign equivalent present in the IDS dated 09/12/2023) further in view of Hayashi (US20140361154A1).
With respect to Claim 1, Araya discloses a confocal microscope unit (Fig. 10—element 7, light detection section; [0047]), attached to a connection port (Fig. 10—element 7 must be attached to the overall microscope 2 close to element 4) of a microscope (Fig. 10—element 2, laser scanning microscope; [0047]) with a microscope optical system (Fig. 10— optical elements of element 7, light detection section; [0047]) to constitute a confocal microscope (Fig. 10—element 2, laser scanning microscope; [0047]), comprising:
a light source unit (Fig. 10—element 1, light source apparatus; [0076]) which includes a light source (Fig. 10—element 10, laser diode elements; [0047]) configured to output excitation light (Fig. 10— light outputted by element 10), a photodetector (Fig. 10—element 14, photodiode; [0048]) configured to detect (Fig. 10— light outputted by element 10 is detected by element 14) the excitation light (Fig. 10— light outputted by element 10) output from the light source (Fig. 10—element 10, laser diode elements; [0047]) and output a detection signal (Fig. 10 and [0072]—element 14 transmits a detection signal), a driver (Fig. 5—element 27, first drive circuit; [0076]) configured to supply a drive current ([0076]: element 27 provides a current signal to drive element 10) to the light source (Fig. 10—element 10, laser diode elements; [0047]), and a controller (Fig. 5—element 27, drive command; [0076]) configured to output a drive signal for controlling the drive current ([0076]: element 27 provides a current signal to drive element 10) to the driver (Fig. 5—element 27, first drive circuit; [0076]) according to a control signal indicating target light intensity ([0010]: lighting power may be altered to reach a target value);
a scan mirror (Fig. 10—element 3, scanner; [0082]) which scans the excitation light (Fig. 10— light outputted by element 10) output from the light source unit (Fig. 10—element 1, light source apparatus; [0076]) on a sample (Fig. 10—element A, sample; [0047]) with a scan speed ([0014] and [0014]: light outputted by element 10 is used to scan the sample at a specified speed determined by the driver); and
a housing (Fig. 10-- the box surrounding element 7 represents a housing) which is attachable (Fig. 10—the boxes surrounding element 7 connects to the box surrounding element 4) to the connection port (Fig. 10—element 7 must be attached to the overall microscope 2 close to element 4) and fixes the scan mirror (Fig. 10—element 3, scanner; [0082]) and the light source unit (Fig. 10—element 10, laser diode elements; [0047]) thereto (Fig. 10—the box surrounding element 7 contains elements 3 and 10),
wherein the controller (Fig. 5—element 27, drive command; [0076]) has two types of functions including a setting mode ([0051]: high resolution mode) and an operation mode ([0051]: high speed mode),
wherein in the setting mode ([0051]: high resolution mode), first control ([0053]: when high resolution mode is the observation mode, Vslow is outputted as the drive instruction signal) of adjusting and outputting the drive signal based on the control signal and the detection signal is executed and the first control ([0053]: when high resolution mode is the observation mode, Vslow is outputted as the drive instruction signal) is executed while changing a value of the control signal to generate and store a data table ([0053]: The drive command 25 has a memory 25 a that stores offset and gain for finely adjusting a drive instruction signal being changed when the observation mode is changed) indicating a correspondence between the drive current ([0076]: element 27 provides a current signal to drive element 10) and light intensity of the excitation light (Fig. 10— light outputted by element 10), and
wherein in the operation mode ([0051]: high speed mode), second control ([0053]: when high speed mode is the observation mode, Vfast is assumed to be outputted as the drive instruction signa) outputting the control signal as the drive signal is executed, the data table is read out ([0053]: The drive command 25 has a memory 25 a that stores offset and gain for finely adjusting a drive instruction signal being changed when the observation mode is changed), the second control ([0053]: when high speed mode is the observation mode, Vfast is assumed to be outputted as the drive instruction signa) is executed by using the control signal corresponding to the drive current ([0076]: element 27 provides a current signal to drive element 10) corresponding to the target light intensity based on the data table ([0053]: element 25 reads offset and gain from the memory 25 a to calculate a drive instruction signal)
However, Araya does not disclose a housing (Fig. 10-- the box surrounding element 7 represents a housing) which is attachable to the connection port and fixes the scan mirror and the light source unit thereto, and
wherein in the operation mode control of stopping the drive current is executed when the light intensity indicated by the detection signal exceeds a predetermined value.
Araya and Mano are related as all pertaining to the field of scanning microscopes.
Mano does disclose a microscope unit (Fig. 1—element 1, laser scanning microscope; [0022]) wherein in the operation mode control of stopping the drive current is executed when the light intensity indicated by the detection signal exceeds a predetermined value ([0003]: a laser scanning microscope that controls irradiation of laser light so as to discontinue irradiation in the case the intensity of fluorescent light received is equal to or greater than a prescribed upper limit threshold value and in the case the intensity of fluorescent light received is equal to or less than a prescribed lower limit threshold value). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Araya with the laser control of Mano in order to inhibit damage (discoloration) of a sample by laser light (Mano, [0003]).
However, Araya and Mano do not disclose the target light intensity is set to change the light intensity of the excitation light according to a change in the scan speed of the excitation light on the sample.
Araya, Mano, and Hayashi are related as all pertaining to the field of scanning microscopes. Hayashi discloses an image generation apparatus (Fig. 19—element 300, confocal image generation apparatus; [0122]) wherein the target light intensity is set to change the light intensity of the excitation light ([0123]: image sensor intensity is adjusted based off scanning speed) according to a change in the scan speed of the excitation light on the sample ([0006]: the confocal microscope may have variable scanning speed and output intensity). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the scanning microscope of Araya and Mano with the light intensity setting of Hayashi in order to create a microscope with has a good efficiency for super-resolution filter processing (Hayashi, [0055]).
With respect to Claim 2, Araya, Mano, and Hayashi disclose the confocal microscope unit according to claim 1, and Araya further discloses
wherein the light source unit (Fig. 10—element 1, light source apparatus; [0076]) includes a switch (Fig. 5—element 29, changeover switch; [0052]) which feeds back the detection signal from the photodetector (Fig. 10—element 14, photodiode; [0048]) to an output of the control signal of the controller (Fig. 5—element 27, drive command; [0076]) in the setting mode ([0051]: high resolution mode) and inputs the detection signal to the controller (Fig. 5—element 27, drive command; [0076]) in the operation mode ([0051]: high speed mode) (Fig. 5 and [0052]—element 29 feeds the detection signal from element 14 to an output of the control signal of element 27).
With respect to Claim 3, Araya, Mano, and Hayashi disclose the confocal microscope unit according to claim 1, and Araya further discloses
wherein the controller (Fig. 5—element 27, drive command; [0076]) executes automatic light intensity control of increasing and decreasing the drive signal so that a difference between the detection signal and the control signal decreases in the setting mode ([0051]: high resolution mode) and executes auto current control of outputting the drive signal based on the control signal in the operation mode ([0051]: high speed mode) ([0051]: high speed mode includes pulse width modulation).
With respect to Claim 4, Araya, Mano, and Hayashi disclose the confocal microscope unit according to claim 1, and Araya further discloses
wherein the driver (Fig. 5—element 27, first drive circuit; [0076]) includes a voltage control current source (Fig. 5—element 27d, galvanometer; [0076]) which generates the drive current ([0076]: element 27 provides a current signal to drive element 10) based on the drive signal ([0076]: element 25 stores a drive instruction signal and the detection signal by element 27 d).
With respect to Claim 5, Araya, Mano, and Hayashi disclose the confocal microscope unit according to claim 1, and Araya further discloses
wherein the controller (Fig. 5—element 27, drive command; [0076]) generates and stores ([0053]: The drive command 25 has a memory 25 a that stores offset and gain for finely adjusting a drive instruction signal being changed when the observation mode is changed) a data table indicating a correspondence between a drive value corresponding to the drive current ([0076]: element 27 provides a current signal to drive element 10) and the light intensity indicated by the control signal in the setting mode ([0051]: high resolution mode) and executes the second control ([0053]: when high speed mode is the observation mode, Vfast is assumed to be outputted as the drive instruction signa) by using the control signal having the drive value ([0076]: element 27 provides a current signal to drive element 10) corresponding to the target light intensity based on the data table ([0053]: element 25 reads offset and gain from the memory 25 a to calculate a drive instruction signal) in the operation mode ([0051]: high speed mode).
With respect to Claim 6, Araya, Mano, and Hayashi disclose the confocal microscope unit according to claim 1, and Araya further discloses
wherein the controller (Fig. 5—element 27, drive command; [0076]) generates and stores ([0080]: element 25 stores a relationship between the current signal and the drive instruction signal in the high resolution mode, and in the high speed mode, a drive instruction signal for giving desired quantity of light can be generated based of the stored relationship between the current signal and the drive instruction signal) a data table indicating a correspondence between a drive value corresponding to the drive signal and the light intensity indicated by the detection signal in the setting mode ([0051]: high resolution mode) and executes the second control ([0053]: when high speed mode is the observation mode, Vfast is assumed to be outputted as the drive instruction signa) by using the control signal having the drive value corresponding to the target light intensity based on the data table in the operation mode ([0051]: high speed mode).
With respect to Claim 7, Araya, Mano, and Hayashi discloses a confocal microscope comprising:
the confocal microscope unit according to claim 1; and Araya further discloses
a microscope including the microscope optical system (Fig. 10— optical elements of element 7, light detection section; [0047]) and a connection port (Fig. 10—element 7 must be attached to the overall microscope 2 close to element 4) to which the confocal microscope unit (Fig. 10—element 7, light detection section; [0047]) is attached (Fig. 10—element 7 is attached to the rest of the microscope via a connection to element 4).
With respect to Claim 8, Araya discloses a control method using a confocal microscope unit (Fig. 10—element 7, light detection section; [0047]) attached to a connection port (Fig. 10—element 7 must be attached to the overall microscope 2 close to element 4) of a microscope with a microscope optical system (Fig. 10— optical elements of element 7, light detection section; [0047]) to constitute a confocal microscope and including a light source unit (Fig. 10—element 1, light source apparatus; [0076]) which includes a light source (Fig. 10—element 10, laser diode elements; [0047]) configured to output excitation light (Fig. 10— light outputted by element 10), a photodetector (Fig. 10—element 14, photodiode; [0048]) configured to detect (Fig. 10— light outputted by element 10 is detected by element 14) the excitation light (Fig. 10— light outputted by element 10) output from the light source (Fig. 10—element 10, laser diode elements; [0047]) and output a detection signal, a driver (Fig. 5—element 27, first drive circuit; [0076]) configured to supply a drive current ([0076]: element 27 provides a current signal to drive element 10) to the light source (Fig. 10—element 10, laser diode elements; [0047]), and a controller (Fig. 5—element 27, drive command; [0076]) configured to output a drive signal ([0076]: element 27 provides a current signal to drive element 10) for controlling the drive current ([0076]: element 27 provides a current signal to drive element 10) to the driver (Fig. 5—element 27, first drive circuit; [0076]) according to a control signal indicating target light intensity ([0010]: lighting power may be altered to reach a target value), a scan mirror (Fig. 10—element 3, scanner; [0082]) which scans the excitation light (Fig. 10— light outputted by element 10) output from the light source unit (Fig. 10—element 1, light source apparatus; [0076]) on a sample (Fig. 10—element A, sample; [0047]) with a scan speed ([0014] and [0014]: light outputted by element 10 is used to scan the sample at a specified speed determined by the driver), and a housing (Fig. 10-- the box surrounding element 7 represents a housing) which is attachable (Fig. 10—the boxes surrounding element 7 connects to the box surrounding element 4) to the connection port (Fig. 10—element 7 must be attached to the overall microscope 2 close to element 4) and fixes the scan mirror (Fig. 10—element 3, scanner; [0082]) and the light source unit (Fig. 10—element 10, laser diode elements; [0047]) thereto (Fig. 10—the box surrounding element 7 contains elements 3 and 10), the control method comprising:
executing first control ([0053]: when high resolution mode is the observation mode, Vslow is outputted as the drive instruction signal) of adjusting and outputting the drive signal based on the control signal and the detection signal and executing the first control ([0053]: when high resolution mode is the observation mode, Vslow is outputted as the drive instruction signal) while changing a value of the control signal to generate and store ([0053]: The drive command 25 has a memory 25 a that stores offset and gain for finely adjusting a drive instruction signal being changed when the observation mode is changed) a data table indicating a correspondence between the drive current ([0076]: element 27 provides a current signal to drive element 10) and light intensity of the excitation light (Fig. 10— light outputted by element 10); and
executing second control ([0053]: when high speed mode is the observation mode, Vfast is assumed to be outputted as the drive instruction signa) of outputting the control signal as the drive signal, reading out the data table, executing the second control ([0053]: when high speed mode is the observation mode, Vfast is assumed to be outputted as the drive instruction signa) by using the control signal corresponding to the drive current ([0076]: element 27 provides a current signal to drive element 10) corresponding to the target light intensity based on the data table.
However, Araya does not disclose a housing (Fig. 10-- the box surrounding element 7 represents a housing) which is attachable to the connection port and fixes the scan mirror and the light source unit thereto, and
wherein in the operation mode, executing control of stopping the drive current when the light intensity indicated by the detection signal exceeds a predetermined value.
Mano does disclose a microscope unit (Fig. 1—element 1, laser scanning microscope; [0022]) wherein in the operation mode control of stopping the drive current is executed when the light intensity indicated by the detection signal exceeds a predetermined value ([0003]: a laser scanning microscope that controls irradiation of laser light so as to discontinue irradiation in the case the intensity of fluorescent light received is equal to or greater than a prescribed upper limit threshold value and in the case the intensity of fluorescent light received is equal to or less than a prescribed lower limit threshold value). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Araya with the laser control of Mano in order to inhibit damage (discoloration) of a sample by laser light (Mano, [0003]).
However, Araya and Mano do not disclose the target light intensity is set to change the light intensity of the excitation light according to a change in the scan speed of the excitation light on the sample.
Araya, Mano, and Hayashi are related as all pertaining to the field of scanning microscopes. Hayashi discloses an image generation apparatus (Fig. 19—element 300, confocal image generation apparatus; [0122]) wherein the target light intensity is set to change the light intensity of the excitation light ([0123]: image sensor intensity is adjusted based off scanning speed) according to a change in the scan speed of the excitation light on the sample ([0006]: the confocal microscope may have variable scanning speed and output intensity). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the scanning microscope of Araya and Mano with the light intensity setting of Hayashi in order to create a microscope with has a good efficiency for super-resolution filter processing (Hayashi, [0055]).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/MACKENZI BOURQUINE/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872