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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/16/26 has been entered.
Response to Arguments
Applicant’s arguments filed 2/16/26 with respect to claims 48-51, 64 and 66-67 have been read and considered but are moot because claims 48-51, 64 and 66-67 are now rejected with Zheng (US 2014/0133702) and Harvey (US 2018/0046065) in view of Blanchard (US 2021/0214665). Peruse the rejection below for elaboration.
Dependent claims 52-53 are now rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065) and Blanchard (US 2021/0214665) in view of Kintner (US 2014/0153916). Peruse the rejection below.
Dependent claim 55 is now rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065) and Blanchard (US 2021/0214665) in view of Yoshida (US 2015/0070566). Peruse the rejection below.
Dependent claim 56 is now rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665) and Yoshida (US 2015/0070566) in view of Yamashita (US 2018/0243913). Peruse the rejection below.
Dependent claim 57 is now rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665), Yoshida (US 2015/0070566) and Yamashita (US 2018/0243913) in view of Sahadevan (US 2017/0368373). Peruse the rejection below.
Dependent claim 58 is now rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665) and Yoshida (US 2015/0070566) in view of Hamochi (US 2014/0158907). Peruse the rejection below.
Dependent claim 59 is now rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665), Yoshida (US 2015/0070566) and Hamochi (US 2014/0158907) in view of Abeytunge (US 2015/0233798). Peruse the rejection below.
Dependent claims 60-63 are now rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665) and Yoshida (US 2015/0070566) in view of Gebhart (US 2019/0256817). Peruse the rejection below.
Dependent claim 65 is now rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065) and Blanchard (US 2021/0214665) in view of Gebhart (US 2019/0256817). Peruse the rejection below.
With regards to the double patenting rejection, since Applicant has amended the claims and deleted claim 54, claims 48-53 and 55-67 are now rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 10-19 of U.S. Patent No. 11,762,184 in view of Zheng (US 2014/0133702). Peruse the rejection below for elaboration. Applicant’s representative stated that the double patenting rejection will be held in abeyance until the withdrawal of other pending prior art rejections. Thus, the double patenting rejection is maintained.
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 48-51, 64 and 66-67 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702) and Harvey (US 2018/0046065) in view of Blanchard (US 2021/0214665).
Regarding claim 48, Zheng discloses an imaging system (paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera) comprising:
at least three distinct self-contained imaging modules (paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module, and paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor), each self-contained imaging module (paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module, and paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor) comprising an imaging component (paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor, wherein paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module), a sample container (paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that the e-Petri dish 620 is a container that comprises a transparent layer 165 for including a specimen surface 140 for receiving a specimen 150 (ie. cell culture) to keep the sample contained within the e-Petri dish 620, wherein paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module);
wherein the imaging modules configured for image or video capture of a cell culture sample placed in proximity to said sample container (paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor, and paragraph [278], Zheng discloses a time-lapse video of specimen can be observed at any observed time period specified by user, wherein paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module);
a user interface (paragraph [217], Zheng discloses implementing a computer 200 that is external to the imaging devices 610 permits the user to view received images captured by element 160 of each e-petri dish 620), external to said imaging modules (paragraph [217], Zheng discloses implementing a computer 200 that is external to the imaging devices 610 permits the user to view received images captured by element 160 of each e-petri dish 620), configured to receive image or video data from each of said imaging modules (paragraph [217], Zheng discloses implementing a computer 200 that is external to the imaging devices 610 permits the user to view received images captured by element 160 of each e-petri dish 620, wherein paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor, wherein paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module);
and an incubation component (paragraph [176], fig.11, Zheng discloses incubator 800).
Zheng does not disclose a waterproof casing for each imaging module of a plurality of imaging modules. However, Harvey teaches implementation of a waterproof casing for an imaging module (paragraph [44], Harvey discloses camera 35a is covered with waterproof casing 80c of fig.4). Since Zheng discloses “…at least three distinct self-contained imaging modules”, and Harvey discloses a waterproof casing for an imaging module (paragraph [44], Harvey discloses camera 35a is covered with waterproof casing 80c of fig.4), 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 teachings of Zheng and Harvey together as a whole for ascertaining the implementation of “…a waterproof casing for each imaging module of a plurality of imaging modules” in order to provide protection of electronic devices from liquids and water from damaging the components of the cameras/imagers.
Zheng and Harvey do not disclose an incubation component comprising sources of CO2 and H2O. However, Blanchard teaches an incubation component (paragraph [84], fig.7, Blanchard discloses incubator cabinet utilized for cell culture incubation) comprising sources of CO2 and H2O (paragraph [30], Blanchard discloses incubator comprises sources of carbon dioxide (CO2) and water (H2O) like water, distilled water, deionized water, etc.). 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 teachings of Zheng, Harvey and Blanchard together as a whole for permitting the capture of image data of sampled specimens in a safe, isolated ambience so as to clearly record and observe living biological tissue samples for study and examination in classroom and scientific tasks.
Regarding claim 49, Zheng and Harvey do not disclose wherein said incubation component comprises external sources of CO2 and H2O in operable communication with said imaging modules. However, Blanchard teaches wherein said incubation component comprises external sources of CO2 and H2O in operable communication with said imaging modules (paragraph [30], Blanchard discloses incubator comprises obtaining sources of carbon dioxide (CO2) and water (H2O) (ie. water, distilled water, deionized water), and that airflow and pressure mechanisms, tubing, heat sources, temperature monitors and controls, humidity monitors, and other instruments can be applied for being operable to communicate the need for more or less carbon dioxide and water within the incubator). 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 teachings of Zheng, Harvey and Blanchard together as a whole for permitting the capture of image data of sampled specimens in a safe, isolated ambience so as to clearly record and observe living biological tissue samples for study and examination in classroom and scientific tasks.
Regarding claim 50, Zheng and Harvey do not disclose wherein said incubation component comprises sources of CO2 and H2O located inside one or more of said imaging modules. However, Blanchard teaches wherein said incubation component comprises sources of CO2 and H2O located inside one or more of said imaging modules (paragraph [30], Blanchard discloses incubator comprises obtaining sources of carbon dioxide (CO2) and water (H2O) (ie. water, distilled water, deionized water), and that airflow and pressure mechanisms, tubing, heat sources, temperature monitors and controls, humidity monitors, and other instruments can be applied for being operable to communicate the need for more or less carbon dioxide and water within the incubator). 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 teachings of Zheng, Harvey and Blanchard together as a whole for permitting the capture of image data of sampled specimens in a safe, isolated ambience so as to clearly record and observe living biological tissue samples for study and examination in classroom and scientific tasks.
Regarding claim 51, Zheng and Harvey do not disclose wherein said incubation component further comprises a CO2 capture component comprising a chemical CO2 generation component and/or a ion exchange resin component. However, Blanchard teaches wherein said incubation component further comprises a CO2 capture component comprising a chemical CO2 generation component and/or a ion exchange resin component (paragraph [30], Blanchard discloses incubator comprises obtaining sources of carbon dioxide (CO2) and water (H2O) (ie. water, distilled water, deionized water), and that airflow and pressure mechanisms, tubing, heat sources, temperature monitors and controls, humidity monitors, and other instruments can be applied for being operable to communicate the need for more or less carbon dioxide and water within the incubator). 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 teachings of Zheng, Harvey and Blanchard together as a whole for permitting the capture of image data of sampled specimens in a safe, isolated ambience so as to clearly record and observe living biological tissue samples for study and examination in classroom and scientific tasks.
Regarding claim 64, Zheng discloses wherein said imaging modules are independently configured to perform one or more of visible light microscopy and fluorescence microscopy (paragraph [180], Zheng discloses performing visible light (bright-field) and fluorescence microscopy, and paragraph [173], Zheng discloses the e-Petri system implements microscopy imaging of sampled specimens).
Regarding claim 66, Zheng discloses wherein said system is configured to obtain images or video of said sample at a predetermined interval (paragraph [183], Zheng discloses obtaining image data at a time interval for observing sampled specimen data, or at a periodic imaging time of a cell culture sample, or for however many times as needed, and paragraph [223], Zheng discloses that observation of the e-Petri dish can be done for a time interval of the experiment being performed for observation of sampled specimens; paragraph [278], Zheng discloses a time-lapse video of specimen can be observed at any observed time period specified by user).
Regarding claim 67, Zheng discloses a method of imaging a cell culture sample (paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module, and paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor), comprising:
contacting said sample with the system of claim 48 (paragraph [217], Zheng discloses implementing a computer 200 that is external to the imaging devices 610 permits the user to view received images captured by element 160 of each e-petri dish 620, wherein paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor, and element 165 is a transparent layer that includes a specimen surface 140 for receiving a specimen 150, thus permitting the sampled specimen to be in contact with the system for evaluation, wherein paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module), and
collecting imaging data related to said sample using said system (paragraph [217], Zheng discloses implementing a computer 200 that is external to the imaging devices 610 permits the user to view received images captured by element 160 of each e-petri dish 620, wherein paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor, wherein paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module; paragraph [183], Zheng discloses obtaining image data at a time interval for observing sampled specimen data, or at a periodic imaging time of a cell culture sample, or for however many times as needed, and paragraph [223], Zheng discloses that observation of the e-Petri dish can be done for a time interval of the experiment being performed for observation of sampled specimens; paragraph [278], Zheng discloses a time-lapse video of specimen can be observed at any observed time period specified by user).
Claims 52-53 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065) and Blanchard (US 2021/0214665) in view of Kintner (US 2014/0153916).
Regarding claim 52, Zheng discloses wherein said incubation component is an incubator configured to house said imaging modules (paragraph [176], fig.11, Zheng discloses incubator 800 housing multiple n e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [180], Zheng discloses incubator 800 can store multiple e-Petri devices, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor).
Zheng, Harvey and Blanchard do not disclose a module holder. However, Kintner teaches implementing a module holder (paragraph [85], Kintner discloses each camera 180 can be removed from the receptacles of holder assembly as needed for image capturing tasks, thus, holder assembly is considered to be an imaging module holder configured to individually position each of the individual cameras). 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 teachings of Zheng, Harvey, Blanchard and Kintner together as a whole for permitting the imagers to be securely locked in for image capture tasks, and to permit the flexibility to remove the imagers as needed for repair or replacement if the imager(s) is/are damaged.
Regarding claim 53, Zheng, Harvey and Blanchard do not disclose wherein said system further comprises a module holder configured to individually position each of said imaging modules. However, Kintner teaches wherein said system further comprises a module holder configured to individually position each of the imaging modules (paragraph [85], Kintner discloses each camera 180 can be removed from the receptacles of holder assembly as needed for image capturing tasks, thus, holder assembly is considered to be an imaging module holder configured to individually position each of the individual cameras). 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 teachings of Zheng, Harvey, Blanchard and Kintner together as a whole for permitting the imagers to be securely locked in for image capture tasks, and to permit the flexibility to remove the imagers as needed for repair or replacement if the imager(s) is/are damaged.
Claim 55 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065) and Blanchard (US 2021/0214665) in view of Yoshida (US 2015/0070566).
Regarding claim 55, Zheng, Harvey and Blanchard do not disclose wherein said imaging modules comprise one or more components selected from the group consisting of a digital microscope camera in operable communication with a camera motion control component, a cell culture sample alignment component, a configurable optical element component, a computer processor, a power source, a communication component, and a light source. However, Yoshida teaches wherein said imaging modules comprise one or more components selected from the group consisting of a digital microscope camera in operable communication with a camera motion control component, a cell culture sample alignment component, a configurable optical element component, a computer processor, a power source, a communication component, and a light source (paragraph [96], Yoshida discloses a digital microscope; paragraph [95], Yoshida discloses that a user can use a computer with a mouse for moving the camera 118 to move in the z-direction, thus the digital microscope camera comprises a camera motion control component; paragraph [102], fig.2, Yoshida discloses the main PC 221 comprises a CPU or processor, paragraph [111], Yoshida discloses PC can be connected via a network such as the Internet; paragraph [112], Yoshida discloses the PC can send a signal to activate the lighting device for providing illumination). 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 teachings of Zheng, Harvey, Blanchard and Yoshida together as a whole for permitting the capture of image data of the specimen with the proper adjustments for obtaining a clear view of the cell culture being monitored.
Claim 56 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665) and Yoshida (US 2015/0070566) in view of Yamashita (US 2018/0243913).
Regarding claim 56, Zheng, Harvey, Blanchard and Yoshida do not disclose wherein said camera motion control component comprises a robotic element that is configured to move said camera in X, Y, and Z dimensions. However, Yamashita teaches wherein said camera motion control component comprises a robotic element that is configured to move said camera in X, Y, and Z dimensions (paragraph [15], Yamashita discloses a robot arm 1 with camera 3 attached, and paragraph [35], Yamashita discloses a multi-jointed type of robot arm is implemented to permit movements in the xyz coordinate system for moving the camera attached to the robot arm in the x-axis, y-axis and z-axis). 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 teachings of Zheng, Harvey, Blanchard, Yoshida and Yamashita together as a whole for permitting the flexibility of moving around the scene to capture the images of the specimen at any angle for properly ascertaining the perspectives of the scene in order to observe the specimen.
Claim 57 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665), Yoshida (US 2015/0070566) and Yamashita (US 2018/0243913) in view of Sahadevan (US 2017/0368373).
Regarding claim 57, Zheng, Harvey, Blanchard and Yoshida do not disclose utilizing a robotic element. However, Yamashita teaches implementing a robotic element (paragraph [15], Yamashita discloses a robot arm 1 with camera 3 attached, and paragraph [35], Yamashita discloses a multi-jointed type of robot arm that is implemented to permit movements in the xyz coordinate system for moving the camera attached to the robot arm in the x-axis, y-axis, and z-axis). 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 teachings of Zheng, Harvey, Blanchard, Yoshida and Yamashita together as a whole for permitting the flexibility of moving around the scene to capture the images of the specimen at any angle for properly ascertaining the perspectives of the scene in order to observe the specimen.
Zheng, Harvey, Blanchard, Yoshida and Yamashita do not disclose wherein said robotic element comprises a cylindrical gantry. However, Sahadevan teaches implementing a cylindrical gantry (paragraph [506], fig.3, Sahadevan discloses element 68 is a circular gantry). Since Yamashita discloses implementing the robotic element, and Sahadevan discloses implementing a cylindrical gantry, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to combine the teachings of Zheng, Harvey, Blanchard, Yoshida, Yamashita and Sahadevan together as a whole for ascertaining the limitation “wherein said robotic element comprises a cylindrical gantry” in order to clearly capture the views of the plurality of specimens available for examination.
Claim 58 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665) and Yoshida (US 2015/0070566) in view of Hamochi (US 2014/0158907).
Regarding claim 58, Zheng, Harvey, Blanchard and Yoshida do not disclose wherein said cell culture sample alignment component comprises a sample container mounting ring configured to attach to a sample container and a mounting component configured to align and attach to said sample container mounting ring. However, Hamochi teaches wherein the cell culture sample alignment component comprises a sample container mounting ring configured to attach to a sample container and a mounting component configured to align and attach to the sample container mounting ring (paragraph [41], Hamochi discloses specimen holder 20 for hold or containing the specimen S into specimen chamber 1, paragraph [42], Hamochi discloses specimen holder 20 has first portion 22 and second portion 24 (also referred to as shaft portion), and third portion 26, and paragraph [44], Hamochi discloses specimen holder portion 24 (shaft) is disposed over the hole, wherein O-ring 36 is mounted over the shaft portion 24, thus aligning and attachment to the sample container mounting ring). 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 teachings of Zheng, Harvey, Blanchard, Yoshida and Hamochi together as a whole for securing the sample specimen to be viewed in a clearer, stable manner by the imager.
Claim 59 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665), Yoshida (US 2015/0070566) and Hamochi (US 2014/0158907) in view of Abeytunge (US 2015/0233798).
Regarding claim 59, Zheng, Harvey, Blanchard, Yoshida and Hamochi do not disclose wherein said mounting component comprises a plurality of mounting balls. However, Abeytunge teaches wherein the mounting component comprises a plurality of mounting balls (paragraph [54], Abeytunge discloses mounting device comprising a ball bearing ring 1510 wherein the are plurality of mounting balls). 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 teachings of Zheng, Harvey, Blanchard, Yoshida, Hamochi and Abeytunge together as a whole for permitting the sample to be held safely when evaluating the sample specimens for viewing and data collection tasks.
Claims 60-63 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065), Blanchard (US 2021/0214665) and Yoshida (US 2015/0070566) in view of Gebhart (US 2019/0256817).
Regarding claim 60, Zheng, Harvey, Blanchard and Yoshida do not disclose wherein said configurable optical element component comprises a software configurable optical element wheel in optical communication with said digital microscope camera. However, Gebhart teaches wherein the configurable optical element component comprises a software configurable optical element wheel in optical communication with the digital microscope camera (paragraph [40], Gebhart discloses a digital microscope, wherein paragraph [152], Gebhart discloses implementing an optical filter changer with a filter wheel for changing filters, and paragraph [36], Gebhart discloses utilizing a computer system 102 that has a processor 120 and memory 122 and a controller 124 implemented as a computer program with software for performing tasks on the digital microscope with a user interface, and paragraph [37], Gebhart discloses that computer system 102 can permit the control of the controller 124 to be programmed to include control for obtaining images with camera(s) or imager(s), and perform image analysis and present display of data analysis and image captured to user for viewing, and also permit user to input commands as needed). 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 teachings of Zheng, Harvey, Blanchard, Yoshida and Gebhart together as a whole for permitting the image capture task to be optically configured so as to obtain clear, high quality images for viewing under any lighting conditions.
Regarding claim 61, Zheng, Harvey, Blanchard and Yoshida do not disclose wherein said configurable optical element comprises a plurality of different objective lenses, filters, or half wheel plates. However, Gebhart teaches wherein the configurable optical element comprises a plurality of different objective lenses, filters, or half wheel plates (paragraph [40], Gebhart discloses a digital microscope, wherein paragraph [152], Gebhart discloses implementing an optical filter changer with a filter wheel for changing filters, and paragraph [36], Gebhart discloses utilizing a computer system 102 that has a processor 120 and memory 122 and a controller 124 implemented as a computer program with software for performing tasks on the digital microscope with a user interface, and paragraph [37], Gebhart discloses that computer system 102 can permit the control of the controller 124 to be programmed to include control for obtaining images with camera(s) or imager(s), and perform image analysis and present display of data analysis and image captured to user for viewing, and also permit user to input commands as needed). 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 teachings of Zheng, Harvey, Blanchard, Yoshida and Gebhart together as a whole for permitting the image capture task to be optically configured so as to obtain clear, high quality images for viewing under any lighting conditions.
Regarding claim 62, Zheng, Harvey, Blanchard and Yoshida do not disclose wherein the alignment of said configurable optical element is configured for operation remotely. However, Gebhart teaches wherein the alignment of the configurable optical element is configured for operation remotely (paragraph [40], Gebhart discloses a digital microscope, wherein paragraph [152], Gebhart discloses implementing an optical filter changer with a filter wheel for changing filters, and paragraph [36], Gebhart discloses utilizing a computer system 102 that has a processor 120 and memory 122 and a controller 124 implemented as a computer program with software for performing tasks on the digital microscope with a user interface, and paragraph [37], Gebhart discloses that computer system 102 can permit the control of the controller 124 to be programmed to include control for obtaining images with camera(s) or imager(s), and perform image analysis and present display of data analysis and image captured to user for viewing, and also permit user to input commands as needed). 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 teachings of Zheng, Harvey, Blanchard, Yoshida and Gebhart together as a whole for permitting the image capture task to be optically configured so as to obtain clear, high quality images for viewing under any lighting conditions.
Regarding claim 63, Zheng, Harvey, Blanchard and Yoshida do not disclose wherein said system comprises a plurality of different configurable optical elements. However, Gebhart teaches wherein said system comprises a plurality of different configurable optical elements (paragraph [40], Gebhart discloses a digital microscope, wherein paragraph [152], Gebhart discloses implementing an optical filter changer with a filter wheel for changing filters, and implementing of objective lens paired with magnification zoom that includes wide range of effective magnifications (0.63x to 6.3x), movement of XY translational stage, thus, comprising plural different configurable optical elements, and paragraph [36], Gebhart discloses utilizing a computer system 102 that has a processor 120 and memory 122 and a controller 124 implemented as a computer program with software for performing tasks on the digital microscope with a user interface, and paragraph [37], Gebhart discloses that computer system 102 can permit the control of the controller 124 to be programmed to include control for obtaining images with camera(s) or imager(s), and perform image analysis and present display of data analysis and image captured to user for viewing, and also permit user to input commands as needed, thus configuring plural different configurable optical elements remotely). 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 teachings of Zheng, Harvey, Blanchard, Yoshida and Gebhart together as a whole for permitting the image capture task to be optically configured so as to obtain clear, high quality images for viewing under any lighting conditions.
Claim 65 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng (US 2014/0133702), Harvey (US 2018/0046065) and Blanchard (US 2021/0214665) in view of Gebhart (US 2019/0256817).
Regarding claim 65, Zheng discloses said imaging modules operate independently (paragraph [180], Zheng discloses performing visible light (bright-field) and fluorescence microscopy, and paragraph [173], Zheng discloses the e-Petri system implements microscopy imaging of sampled specimens; paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module in that each e-petri dish operates independently, and paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor in that each e-Petri device operates independently of one another).
Zheng, Harvey and Blanchard do not disclose wherein said imaging modules are independently configured to collect qualitative or quantitative data and transmit said data to said user interface. However, Gebhart teaches wherein the imaging module is independently configured to collect qualitative or quantitative data and transmit said data to the user interface (paragraph [59], Gebhart discloses the quantitative image processing for obtaining quantitative data, wherein paragraph [40], Gebhart discloses a digital microscope, wherein paragraph [152], Gebhart discloses implementing an optical filter changer with a filter wheel for changing filters, and implementing of objective lens paired with magnification zoom that includes wide range of effective magnifications (0.63x to 6.3x), movement of XY translational stage, thus, comprising plural different configurable optical elements, and paragraph [36], Gebhart discloses utilizing a computer system 102 that has a processor 120 and memory 122 and a controller 124 implemented as a computer program with software for performing tasks on the digital microscope with a user interface, and paragraph [37], Gebhart discloses that computer system 102 can permit the control of the controller 124 to be programmed to include control for obtaining images with camera(s) or imager(s), and perform image analysis and present display of data analysis and image captured to user for viewing, and also permit user to input commands as needed, thus configuring plural different configurable optical elements remotely). Since Zheng discloses said modules operate independently, and Gebhart discloses wherein the module is independently configured to collect qualitative or quantitative data and transmit said data to the user interface, 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 teachings of Zheng, Harvey, Blanchard and Gebhart together as a whole for ascertaining the limitation “wherein said modules are independently configured to collect qualitative or quantitative data and transmit said data to said user interface” so as to permit the image capture task to be optically configured so as to obtain clear, high quality images for visually observing under any lighting conditions along with any valuable quantitative data for statistically observing the conditions of the specimens for evaluation.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claims 48-53 and 55-67 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 10-19 of U.S. Patent No. 11,762,184. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 48 of present Application ‘905 is similar to the combination of claims 1 and 18 of Patent ‘184. Thus, claim 48 of present Application ‘905 is anticipated by the combination of claims 1 and 18 of Patent ‘184. Peruse table below.
Claims 48-53 and 55-67 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 10-19 of U.S. Patent No. 11,762,184 in view of Zheng (US 2014/0133702).
Regarding claim 48, claim 48 of present Application ‘905 is similar to the combination of claims 1 and 18 of Patent ‘184 since the combination of claims 1 and 18 of Patent ‘184 discloses most of the limitations of claim 48 of present Application ‘905. Peruse table below.
The combination of claims 1 and 18 of Patent ‘905 does not disclose at least three distinct self-contained imaging modules, each self-contained imaging module comprising i) an imaging component, ii) a sample container; and iii) a waterproof casing and configured for image or video capture of a cell culture sample placed in proximity to said sample container. However, Zheng teaches at least three distinct self-contained imaging modules (paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module, and paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor), each self-contained imaging module (paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module, and paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor) comprising i) an imaging component (paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that each e-Petri dish 620 comprises a light detector 160, wherein the light detector is an imaging component or a CMOS image sensor, wherein paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module), ii) a sample container (paragraph [176], fig.11, Zheng discloses a system with a number of individual e-Petri devices 610, wherein n can be any number including 1, 2, 3, 4, etcetera, and paragraph [178], Zheng discloses that each e-Petri device 610 comprises a corresponding e-Petri dish 620 in that the e-Petri dish 620 is a container that comprises a transparent layer 165 for including a specimen surface 140 for receiving a specimen 150 (ie. cell culture) to keep the sample contained within the e-Petri dish 620, wherein paragraph [249], lines 27-29, Zheng discloses that e-Petri dish 620 can be modified to serve as a self-contained incubator and imaging unit, thus each individual e-Petri dish 620 functions to serve as a distinct self-contained imaging module).
Since the combination of claims 1 and 18 of Patent ‘184 discloses “…iii) a waterproof casing and configured for image or video capture of a cell culture sample placed in a said sample container”, and Zheng discloses “at least three distinct self-contained imaging modules, each self-contained imaging module comprising i) an imaging component, ii) a sample container”, 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 teachings of the combination of claims 1 and 18 of Patent ‘184 and Zheng together as a whole for ascertaining the limitation “…at least three distinct self-contained imaging modules, each self-contained imaging module comprising i) an imaging component, ii) a sample container; and iii) a waterproof casing and configured for image or video capture of a cell culture sample placed in proximity to said sample container” in order to properly evaluate and observe sampled specimens in a controlled environment so as to grow and study live biological cells in a safe, non-contaminated environment for medicinal and educational applications.
Claim 49 of present Application ‘905 is similar to claim 17 of Patent ‘184. Thus, claim 49 of present Application ‘905 is anticipated by claim 17 of Patent ‘184.
Claim 50 of present Application ‘905 is similar to claim 18 of Patent ‘184. Thus, claim 50 of present Application ‘905 is anticipated by claim 18 of Patent ‘184.
Claim 51 of present Application ‘905 is similar to claim 19 of Patent ‘184. Thus, claim 51 of present Application ‘905 is anticipated by claim 19 of Patent ‘184.
Claim 52 of present Application ‘905 is similar to claim 16 of Patent ‘184. Thus, claim 52 of present Application ‘905 is anticipated by claim 16 of Patent ‘184.
Claim 53 of present Application ‘905 is similar to claim 1 of Patent ‘184. Thus, claim 53 of present Application ‘905 is anticipated by claim 1 of Patent ‘184.
Claim 55 of present Application ‘905 is similar to claim 2 of Patent ‘184. Thus, claim 55 of present Application ‘905 is anticipated by claim 2 of Patent ‘184.
Claim 56 of present Application ‘905 is similar to claim 3 of Patent ‘184. Thus, claim 56 of present Application ‘905 is anticipated by claim 3 of Patent ‘184.
Claim 57 of present Application ‘905 is similar to claim 4 of Patent ‘184. Thus, claim 57 of present Application ‘905 is anticipated by claim 4 of Patent ‘184.
Claim 58 of present Application ‘905 is similar to claim 5 of Patent ‘184. Thus, claim 58 of present Application ‘905 is anticipated by claim 5 of Patent ‘184.
Claim 59 of present Application ‘905 is similar to claim 6 of Patent ‘184. Thus, claim 59 of present Application ‘905 is anticipated by claim 6 of Patent ‘184.
Claim 60 of present Application ‘905 is similar to claim 7 of Patent ‘184. Thus, claim 60 of present Application ‘905 is anticipated by claim 7 of Patent ‘184.
Claim 61 of present Application ‘905 is similar to claim 8 of Patent ‘184. Thus, claim 61 of present Application ‘905 is anticipated by claim 8 of Patent ‘184.
Claim 62 of present Application ‘905 is similar to claim 10 of Patent ‘184. Thus, claim 62 of present Application ‘905 is anticipated by claim 10 of Patent ‘184.
Claim 63 of present Application ‘905 is similar to claim 11 of Patent ‘184. Thus, claim 63 of present Application ‘905 is anticipated by claim 11 of Patent ‘184.
Claim 64 of present Application ‘905 is similar to claim 12 of Patent ‘184. Thus, claim 64 of present Application ‘905 is anticipated by claim 12 of Patent ‘184.
Claim 65 of present Application ‘905 is similar to claim 13 of Patent ‘184. Thus, claim 65 of present Application ‘905 is anticipated by claim 13 of Patent ‘184.
Claim 66 of present Application ‘905 is similar to claim 14 of Patent ‘184. Thus, claim 66 of present Application ‘905 is anticipated by claim 14 of Patent ‘184.
Claim 67 of present Application ‘905 is similar to claim 15 of Patent ‘184. Thus, claim 67 of present Application ‘905 is anticipated by claim 15 of Patent ‘184.
Peruse table below.
Present Application 18/368,905
US Patent Number 11,762,184
Claim 48.
An imaging system comprising: a) at least three distinct self-contained imaging modules, each self-contained imaging module comprising i) an imaging component, ii) a sample container; and iii) a waterproof casing and configured for image or video capture of a cell culture sample placed in proximity to said sample container; b) a user interface, external to said imaging modules, configured to receive image or video data from each of said imaging modules; and c) an incubation component comprising sources of CO2 and H2O.
Claim 1.
An imaging system comprising: a) at least 3 distinct imaging modules each comprising i) an imaging component, ii) a sample container; and iii) a waterproof casing and configured for image or video capture of a cell culture sample placed in a said sample container; b) a user interface, external to said modules, configured to receive image or video data from each of said plurality of different imaging modules; c) a module holder configured to individually position each of imaging modules; d) an incubation component.
Claim 18.
The system of claim 1, wherein said incubation component comprises sources of CO2 and H2O located inside one or more of said modules.
Claim 49.
The system of claim 48, wherein said incubation component comprises external sources of CO2 and H2O in operable communication with said imaging modules.
Claim 17.
The system of claim 1, wherein said incubation component comprises external sources of CO2 and H2O in operable communication with said module holder or one or more of said modules.
Claim 50.
The system of claim 48, wherein said incubation component comprises sources of CO2 and H2O located inside one or more of said imaging modules.
Claim 18.
The system of claim 1, wherein said incubation component comprises sources of CO2 and H2O located inside one or more of said modules.
Claim 51.
The system of claim 50, wherein said incubation component further comprises a CO2 capture component comprising a chemical CO2 generation component and/or a ion exchange resin component.
Claim 19.
The system of claim 18, wherein said incubation component further comprises a CO2 capture component comprising a chemical CO2 generation component and/or a ion exchange resin component.
Claim 52.
The system of claim 48, wherein said incubation component is an incubator configured to house said imaging modules and said module holder.
Claim 16.
The system of claim 1, wherein said incubation component is an incubator configured to house said imaging modules and said module holder.
Claim 53.
The system of claim 48, wherein said system further comprises a module holder configured to individually position each of said imaging modules.
Claim 1.
An imaging system comprising: a) at least 3 distinct imaging modules each comprising i) an imaging component, ii) a sample container; and iii) a waterproof casing and configured for image or video capture of a cell culture sample placed in a said sample container; b) a user interface, external to said modules, configured to receive image or video data from each of said plurality of different imaging modules; c) a module holder configured to individually position each of imaging modules; d) an incubation component.
Claim 55.
The system of claim 48, wherein said imaging modules comprise one or more components selected from the group consisting of a digital microscope camera in operable communication with a camera motion control component, a cell culture sample alignment component, a configurable optical element component, a computer processor, a power source, a communication component, and a light source.
Claim 2.
The system of claim 1, wherein said imaging modules comprise one or more components selected from the group consisting of a digital microscope camera in operable communication with a camera motion control component, a cell culture sample alignment component, a configurable optical element component, a computer processor, a power source, a communication component, and a light source.
Claim 56.
The system of claim 55, wherein said camera motion control component comprises a robotic element that is configured to move said camera in X, Y, and Z dimensions.
Claim 3.
The system of claim 2, wherein said camera motion control component comprises a robotic element that is configured to move said camera in X, Y, and Z dimensions.
Claim 57.
The system of claim 56, wherein said robotic element comprises a cylindrical gantry.
Claim 4.
The system of claim 3, wherein said robotic element comprises a cylindrical gantry.
Claim 58.
The system of claim 55, wherein said cell culture sample alignment component comprises a sample container mounting ring configured to attach to said sample container and a mounting component configured to align and attach to said sample container mounting ring.
Claim 5.
The system of claim 2, wherein said cell culture sample alignment component comprises a sample container mounting ring configured to attach to said sample container and a mounting component configured to align and attach to said sample container mounting ring.
Claim 59.
The system of claim 58, wherein said mounting component comprises a plurality of mounting balls.
Claim 6.
The system of claim 5, wherein said mounting component comprises a plurality of mounting balls.
Claim 60.
The system of claim 55, wherein said configurable optical element component comprises a software configurable optical element wheel in optical communication with said digital microscope camera.
Claim 7.
The system of claim 2, wherein said configurable optical element component comprises a software configurable optical element wheel in optical communication with said digital microscope camera.
Claim 61.
The system of claim 55, wherein said configurable optical element comprises a plurality of different objective lenses, filters, or half wheel plates.
Claim 8.
The system of claim 7, wherein said configurable optical element comprises a plurality of different objective lenses, filters, or half wheel plates.
Claim 62.
The system of claim 55, wherein the alignment of said configurable optical element is configured for operation remotely.
Claim 10.
The system of claim 9, wherein the alignment of said configurable optical element is configured for operation remotely.
Claim 63.
The system of claim 55, wherein said system comprises a plurality of different configurable optical elements.
Claim 11.
The system of claim 9, wherein said system comprises a plurality of different configurable optical elements.
Claim 64.
The system of claim 48, wherein said imaging modules are independently configured to perform one or more of visible light microscopy and fluorescence microscopy.
Claim 12.
The system of claim 1, wherein said modules are independently configured to perform one or more of visible light microscopy and fluorescence microscopy.
Claim 65.
The system of claim 48, wherein said imaging modules are independently configured to collect qualitative or quantitative data and transmit said data to said user interface.
Claim 13.
The system of claim 1, wherein said modules are independently configured to collect qualitative or quantitative data and transmit said data to said user interface.
Claim 66.
The system of claim 48, wherein said system is configured to obtain images or video of said sample at a predetermined interval.
Claim 14.
The system of claim 1, wherein said system is configured to obtain images or video of said sample at a predetermined interval.
Claim 67.
A method of imaging a cell culture sample, comprising: a) contacting said sample with the system of claim 48, and b) collecting imaging data related to said sample using said system.
Claim 15.
A method of imaging a cell culture sample, comprising: a) contacting said sample with the system of claim 1, and b) collecting imaging data related to said sample using said system.
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/ALLEN C WONG/Primary Examiner, Art Unit 2488