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 .
Response to Amendment
The preliminary amendment filed on 6/22/2023 has been entered.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), based on an application filed in FEDERAL REPUBLIC OF GERMANY on 6/29/2022. The Applicant has filed a certified copy of the DE10 2022 206 605.7 application as required by 37 CFR 1.55, which has been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/22/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings received on 6/22/2023 are accepted to by the Examiner.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1, 3-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. (DE 10106032, of record, The Examiner provided machine translation of DE 10106032) in view of Stuckey (US 2002/0085293).
Regarding claim 1, Martin teaches an Illumination device (refer to DE 10106032) for a microscope (microscope has not been given patentable weight because the recitation occurs in the preamble. A preamble is generally not accorded any patentable weight), comprising
- at least two providing beam paths (beam path from light sources 3, 4, 5, Fig. 2, page 7 of machine translation MT), along each of which radiation is guided (light sources 3, 4,5 have different spectral properties and advantageously have different emission wavelengths; [page 7 of machine translation MT]. The light source can be both inside and are also outside the sphere. In this case this happens Light through an opening from the outside into the Ulbricht sphere, [page 2 of machine translation]), each providing beam path having an optical filter device by means of which spectral components of the radiation guided in the respective providing beam path are selected (light source 3 has a continuous mechanical opening 13 for the interior of the sphere; light source 4 is preceded by an optical element 11. This element 11 is advantageously designed as an optical filter with a predetermined spectral transmission; light source 5 is advantageously designed as a laser diode, the asymmetrical radiation of which can already be pre-homogenized by the wall material, [page 7 of machine translation]);
- per providing beam path an input coupling element for the input coupling of the filtered radiation (Fig. 2, beam path an input coupling element 11; light source 4 is preceded by an optical element 11, light source 5 shows transparent wall 14; 14 of the ball 1 advantageously consists of an optically transparent, diffusely reflecting material, ([page 6 of machine translation]); via a respective incidence opening into an interior space of a cavitymachine translation]), the cavity having an exit opening (openings 7 and 15, Fig. 2) used to emit the radiation that has been homogenized (Device for homogenous illumination, [abstract], homogeneous illumination of a small surface 2 consists essentially of an Ulbricht sphere 1, surface 2 in in the opening 15, [page 7 of machine translation]; Fig. 2) in the cavity owing to multiple reflection as illumination radiation (light source spherical chamber with a diffusely reflective interior wall coating is upstream; [page 3 of MT]; A homogeneous illumination is best achieved by the multiple reflection of the emitted radiation at a diffuse reflect reaches the spherical surface; the light is already on entering Ulbricht sphere scattered and improves homogeneity the lighting, [page 4 of MT]); Martin teaches “The light sources can be optical filters or lenses be upstream” and “Optical filters offer the possibility of spectral eigen to further specify the radiation characteristics” and “optical Filters offer the possibility to further specify the spectral properties of the radiation”.
Martin doesn’t explicitly teach each of the optical filter devices is individually controllable and has a plurality of selectable possible filter functions.
Martin and Stuckey are related as optical device.
Stuckey teaches the optical filter devices is individually controllable and has a plurality of selectable possible filter functions (“a microscope 11 is constructed with a quick changing set of filters, … filters can be quickly changed independently”, [abstract]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the device of Martin to add the optical filter devices which can be individually controllable and has a plurality of selectable possible filter functions, as taught by Stuckey for the predictable advantage of having a mechanism for quickly changing an admitted wavelength independently as taught by Stuckey in abstract and claim 21.
Regarding claim 3, the modified Martin teaches the device according to claim 1 (see above), wherein a filter is disposed downstream of the exit opening (Fig. 2 shows filter 11 and exit opening 7 and 15. In Fig. 2 the fitter is below 7).
Regarding claim 4, the modified Martin teaches the device according to claim 1 (see above), wherein incidence openings are arranged around the exit opening (see Fig. 2).
Regarding claim 5, the modified Martin teaches the device according to claim 1 (see above), wherein, wherein a shutter or a stop is assigned to each incidence opening in the interior space of the cavity (all openings can be sealed with transparent windows., [page 7 of the MT])
Regarding claim 7, the modified Martin teaches a method for generating a composite image of a sample, comprising the following steps:
- i) providing an illumination device according to Claim 1 (see the device of claim 1 above).
- ii) illuminating the sample with illumination radiation that has been homogenized by means of the illumination device (a surface 2 to be illuminated is advantageously formed as a transparent sample holder and is provided for receiving sample substances, Fig. 2; (Device for homogenous illumination, [abstract], homogeneous illumination of a small surface 2 consists essentially of an Ulbricht sphere 1, surface 2 in in the opening 15, [page 7 of machine translation]; Fig. 2));
- iii) causing the emission of detection radiation in the illuminated sample (The detectors from above and if desired also from below possible the observation of one or many test substances. The reaction, especially the emission of fluorescent light of the observed substances can with appropriate detectors, [page 4 of MT]);
- iv) capturing the detection radiation of a region of the sample as spatially resolved image values of an image (The detectors from above and if desired also from below possible the observation of one or many test substances. [page 4 of MT]; The reaction, especially the emission of fluorescent light of the observed substances can with appropriate detectors; [page 4 of MT]; detector 9 is arranged in front, which can observe the surface 2 to be illuminated or the transparent sample holder vertically from below in a transmission mode. With the detectors 8 and 9 together, a simultaneous observation of the surface 2 from above and below is possible; detectors 8, 9, the fluorescence of each individual sample is detected in a spatially resolved manner, [page 7 of MT]);
-v) repeating steps ii) to iv) at least once, with capture of detection radiation from a further region of the sample (top and bottom region) as spatially resolved image values of a further image, said further region at least proportionally overlapping a previously captured region; (detection of fluorescent light be worthwhile, provided the homogeneously illuminated surface … alternately or simultaneously from above in a top view, the so-called Epimodus and from below in the so-called transmission mode take care, [page 2 of MT]).
-vi) combining at least two at least proportionally overlapping images by identifying mutually corresponding image regions of the images and generating a composite image on the basis of the mutually corresponding image regions (the detectors from above and if desired also from below possible the observation of one or many test substances. The reaction, especially the emission of fluorescent light of the observed substances can with appropriate detectors recorded in detail, saved and a computerized Analysis to be sent, [page 4 of MT]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. in view of Stuckey as applied to claim 1, and further in view of Wang et al. (US 2011/0170164).
Regarding claim 2, the modified Martin teaches the device according to claim 1 (see above),
The modified Martin doesn’t explicitly teach, wherein the respective optical filter devices are selected from a group comprising filter wheels, filter slides and AOTF,
Martin and Wang are related as optical devices.
Wang teaches, wherein the respective optical filter devices are selected from a group comprising filter wheels, filter slides and AOTF, (filter system designed to exhibit variable spectral functionality includes acousto-optic tunable filters (AOTF); [0039-0040]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified device of Martin to change the filter to AOTF as taught by Wang for the predictable advantage of having a filter with a wide tuning range and a high tuning speed as taught by Wang (AOTF filters also can exhibit a wide tuning range, and can exhibit a high tuning speed [0040]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. in view of Stuckey as applied to claim 1, and further in view of SUGANUMA et al. (US 2010/0140512).
Regarding claim 6, the modified Martin teaches the device according to claim 1 (see above), Martin teaches beam path between incidence opening and exit opening.
The modified Martin doesn’t explicitly teach wherein a web is assigned to at least one incidence opening in the interior space of the cavity, the effect of which web is to limit an emission angle range of the radiation propagating divergently starting from the incidence opening and to avoid a direct beam path between incidence opening and exit opening.
Martin and Suganuma are related as optical device.
Suganuma teaches wherein a web is assigned to at least one incidence opening in the interior space of the cavity, the effect of which web is to limit an emission angle range of the radiation propagating divergently starting from the incidence opening and to avoid a direct beam path between incidence opening and exit opening (a grid 40, in which an opening arrangement is formed, Given that the arrangement pitch of openings, grid interval, and the wavelength of incident light, the splitter optical element can be used as a filter for transmitting the incident light and totally reflecting the incident light depending on the wavelength of incident light, [0117]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified device of Martin, wherein a web is assigned to at least one incidence opening in the interior space of the cavity, the effect of which web is to limit an emission angle range of the radiation propagating divergently starting from the incidence opening and to avoid a direct beam path between incidence opening and exit opening as taught by Suganuma, for the predictable advantage of the arrangement can be used as a filter for transmitting the incident light and totally reflecting the incident light depending on the wavelength of incident light, [0117]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHMAN ABDUR whose telephone number is (571)270-0438. The examiner can normally be reached 8:30 am to 5:30 pm PST.
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/R.A/Examiner, Art Unit 2872
/BALRAM T PARBADIA/Primary Examiner, Art Unit 2872