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 .
This Office Action is in response to amendments and remarks filed on 12/02/2025. Claims 1-14, 16-18, 20-22 are currently pending.
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 1-6, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hibino et al, (US 2013/0076888 A1) in view of Madar et al., (US 2020/0278530 A1).
Regarding claim 1, Hibino et al, disclose a microscopic imaging device, comprising:
a carrier assembly (21, Fig.1) including a carrier table (21), the carrier table (21) being configured to support a sample (S) to be observed (see Fig.1, and [0033], “observation”); and
an imaging assembly (4, 23, Fig.1) configured to obtain a microscopic image of the sample by photographing the sample ([0031], “an imaging device 4 for imaging an image of the sample S through the microscope device 2, thereby generating image data”), wherein the imaging assembly (4, 23) includes a camera unit (4) and a lens unit (23), the camera unit (4) at least includes a camera (4, and see [0042], “The imaging device 4 is CCD”), and the lens unit (23) at least includes a lens (“an objective lens 23”, [0032]), the camera and/or the carrier table are capable of adjusting an object-image distance by moving along an imaging optical path of the imaging assembly (4, 23) ([0033], “the electrically-driven stage 21 is movable in the Z direction by means of a motor 212”. The sample S is on the stage 21 which moves along the optical axis to adjust the object-image distance between the sample and camera), and the lens (23) is capable of adjusting an object distance and an image distance by moving along the imaging optical path ([0038], “The zoom lens unit 243 is configured by at least one lens, and has a zoom optical system 243a capable of zooming the sample S and a zoom driving unit 243 b for driving the zoom optical system 243a along the optical axis”).
Although Hibino et al., disclose the carrier table, and the lens being capable of moving simultaneously to adjust the object distance, and the image distance ([0038], “The zoom lens unit 243 is configured by at least one lens, a zoom driving unit 243 b for driving the zoom optical system 243 a along the optical axis”, and [0041], “The microscope control unit 3 integrally controls for driving the motor 211 or the motor 212, thereby driving the electrically-driven stage 21”). Hibino et al., do not disclose the camera being capable of moving to adjust the object-image distance as claimed. Madar et al., disclose a microscope imaging device, comprising camera being capable of moving simultaneously to adjust the object-image distance ([0022], “focus actuator 104 may be configured to adjust the distance by moving stage 116, or by moving both image capture device 102 and stage 116”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hibino et al., by incorporating the movable camera, as taught by Madar et al., resulting a system where the camera, lens and carrier table are capable of moving simultaneously to increase the range of magnification, and thus, getting more precise adjustment of the image distance.
Regarding claim 2, Hibino et al., in view of Madar et al., as discussed in claim 1, Hibino et al., disclose the carrier assembly (21, Fig.2) further including a first carrier table driving member (212) configured to drive the carrier table to move along the imaging optical path ([0033], “the electrically-driven stage 21 is movable in the Z direction by means of a motor 212”).
Regarding claim 3, Hibino et al., in view of Madar et al., as discussed in claim 2, Hibino et al., disclose a controller (3, Fig.2), wherein the controller (3) being connected to the first carrier table driving member (212, Fig.2) through the signal ([0031], “connected by cable or wirelessly so as to enable a transmission/reception of data and [0041], “the microscope control unit 3 executes a switch processing for driving the motor 212”, showing the transmission of data is the signal connection to motor 212), and the controller (3) is configured to control the first carrier table driving member to drive the carrier table to move ([0033], “the electrically-driven stage 21 is movable in the Z direction by means of a motor 212” ; and [0041], The microscope control unit 3 executes a switch processing for driving the motor 212).
Regarding claim 4, Hibino et al., in view of Madar et al., as discussed in claim 1, Hibino et al., disclose a light source (25, Fig.2) configured to irradiate the sample ([0032], “an incident-light illumination light source 25 for irradiating a light on the sample S”), an optical path of light (L1, Fig.1) emitted from the light source (25) forming the imaging optical path (L2, Fig.1 and [0039]).
Regarding claim 5, Hibino et al., in view of Madar et al., as discussed in claim 1, Hibino et al., disclose a reflection mechanism (242, Fig. 1) including a reflecting mirror (242) , the reflecting mirror (242) being configured to change an irradiation direction of light in the imaging optical path ([0037], “a half mirror 242 for deflecting an optical path for the incident-light illumination L1 along an optical path of the objective lens 23”) between the lens (23) and the camera (4, see Fig.1).
Regarding claim 6, Hibino et al., in view of Madar et al., as discussed in claim 5, Hibino et al., disclose a gantry (24, Fig.1), wherein the reflection mechanism (242), the camera unit (4), and the lens unit (23) are provided on the gantry (see Fig,1).
Regarding claim 16, Hibino et al., in view of Madar et al., as discussed in claim 3, Hibino et al., disclose an input assembly (6, Figs. 1, 2 and [0031], a display input unit 6 for displaying an image corresponding to the image data imaged by the imaging device 4 through a control terminal 7 and accepting an input of various operations of the microscope system 1) connected to the controller (3) through the signal (connected by cable or wirelessly so as to enable a transmission/reception of data , [0031]) , the input assembly being configured to input a target magnification ([0034], selecting or switching objective lens is the inputting magnification).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hibino et al., in view of Madar et al., and further in view of Sakamoto et al., (US 2017/0329118 A1).
Regarding claim 7, Hibino et al., in view of Madar et al., as discussed in claim 6, do not disclose the reflection mechanism further includes a fixing frame and an adjusting assembly, the fixing frame is fixed to the gantry as claimed. Sakamoto et al., disclose (Fig.2) the reflection mechanism (150) further including a fixing frame (122/300) Fig.2) and an adjusting assembly (“push-pull rod”, [0059]), the fixing frame (122) is fixed to the gantry (121, see Fig. 1,the eyepiece base 122 and reflecting mirror 150 are mounted on the microscope base stand 121), the reflecting mirror (150) is mounted on the fixing frame (122) through the adjusting assembly (push-pull rod) (see Figs. 1-2 and paragraph [0059], “a reflecting prism for the eyepiece optical system and a straight prism for the imaging optical system are replaced by a push-pull rod ”), and the adjusting assembly is capable of adjusting an angle of the reflecting mirror relative to the fixing frame (paragraph [0059], the position of the reflecting mirror is changed by the push-pull rod such as “a state in which only image capturing by the digital camera 400, and “ a state in which only observation from the eyepiece barrel 123 is performed”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hibino et al., in view of Madar et al., by utilizing the teaching of Sakamoto et al., to optimize alignment of the illumination and imaging paths, thus, getting better performance of the system.
Regarding claim 8, Hibino et al., in view of Madar et al., and Sakamoto et al., as discussed in claim 7, do not disclose the fixing frame including a housing, the reflecting mirror is connected to the housing as claimed. Sakamoto et al., disclose the fixing frame (300, Fig.2) including a housing (see Fig.12, the adapter part 300 includes 320, 340, 360 forming an enclosed unit), the reflecting mirror (150, Fig. 2) is connected to the housing (see Fig.2), the housing is provided with an incidence hole (301) and an emergence hole (359/332, Fig.12), the imaging optical path is incident to the reflecting mirror from the incidence hole (see Fig.2, when light is from the slide to lens 149, then to the reflecting mirror 150, this is the incidence hole path), the imaging optical path is reflected by the reflecting mirror (150, Fig.2 and paragraph [0059], the reflecting mirror 150 redirects light to the camera), and the reflected imaging optical path is emitted from the emergence hole to reach the camera (Fig.1 and Fig.12, and paragraph 0059-0062], the reflected light path travels through lens 301 to the sensor 401, then to camera 400). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hibino et al., in view of Madar et al., by utilizing the teaching of Sakamoto et al., to optimize alignment of the illumination and imaging paths, thus, getting better performance of the system.
Regarding claim 9, Hibino et al., in view of Madar et al., and Sakamoto et al., as discussed in claim 7, Hibino et al., in view of Madar et al., do not disclose a lens frame, the lens frame including a frame body, the reflecting mirror being mounted on the frame body as claimed. Sakamoto et al., disclose a lens frame, the lens frame including a frame body (320, Fig.12), the reflecting mirror (150, Fig.2) being mounted on the frame body (see Fig.2, the split prism 150 is integrated within the adapter part 300 including the frame body 320); and the adjusting assembly (“push-pull rod”, [0059]) being configured to adjust a relative angle between the lens frame and the fixing frame ( paragraph [0059], “a reflecting prism for the eyepiece optical system and a straight prism for the imaging optical system are replaced by a push-pull rod”, when the push-pull rod repositions the reflecting prism which is adjusting angles). Although Sakamoto et al, do not explicitly disclose the adjusting assembly (“push-pull rod”, [0059]) connected to the lens frame and the fixing frame as claimed, when the prism is moved between positions such as the camera and sample by the push-pull rod, could be inherently included the connection between the adjusting assembly, the lens frame and the fixing frame. However, if not, selecting alignment between components in the system for better rotation and axial adjustment would have been obvious. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hibino et al., in view of Madar et al., and Sakamoto et al., accordingly, in order to provide better rotation and axial adjustment between components in the system.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hibino et al., in view of Madar et al., in view of Sakamoto et al., and in view of Jie et al., (CN209867671U).
Regarding claim 10, Hibino et al., in view of Madar et al., and Sakamoto et al., as discussed in claim 9, o not disclose the mounting through hole as claimed. Jie et al., disclose a mounting through-hole provided on the frame body (page 5, “each fine-tuning device 6 includes one end fixed on the light guide seat 3 and the other end passing through the screw rod 61 of the adjustment plate 4”, indicating that the screw rod passes through the adjustment plate 4 which is mounting through hole), a compressing member via spring compression and threaded fastening (page 5, “Belleville springs 62”). Jie et al., do not disclose an abutting portion as claimed. However, this is well-known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hibino et al., in view of Madar et al., Sakamoto et al., and Jie et al., in order to better control the light path, getting more precise alignment of the beam direction.
Allowable Subject Matter
4. Claims 11-14 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.
5. Claims 17-22 are allowed.
Regarding claim 17, the prior art fails to disclose the camera and/or the carrier table are capable of adjusting an object-image distance by moving along an imaging optical path of the imaging assembly, and the lens is capable of adjusting an object distance and an image distance by moving along the imaging optical path; and the microscopic imaging method comprising: obtaining a target magnification and a focal length of the lens of the microscopic imaging device; determining, based on the target magnification and the focal length, the object-image distance, the object distance, and the image distance; moving, based on the object-image distance, the camera and/or the carrier table along the imaging optical path to determine a location of the camera and/or a location of the carrier table; moving, based on the object distance and image distance, the lens along the imaging optical path to determine a location of the lens; and obtaining the microscopic image of the sample by photographing the sample through the imaging assembly.
Regarding claim 22, the prior art fails to disclose an adjusting assembly connected to the lens frame and the fixing frame, the adjusting assembly being configured to adjust a relative location between the lens frame and the fixing frame, thereby adjusting a relative angle between the reflecting mirror and the fixing frame, wherein the adjusting assembly includes an adjusting through-hole, a threaded hole, and an adjusting bolt; the adjusting through-hole is provided on the lens frame, the threaded hole is provided on the fixing frame, and the adjusting bolt is capable of passing through the adjusting through-hole and being connected to the threaded hole.
Response to Arguments
6. Applicant’s arguments with respect to the claim(s) 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
7. 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 extension fee 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 date of this final action.
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/M.T.T./Examiner, Art Unit 2878
/THANH LUU/Primary Examiner, Art Unit 2878