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 Arguments
Applicant’s arguments, see Remarks filed 03/19/2026, with respect to the rejection(s) of the claim(s) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Waldbeser et a. (US Pub. 2010/0187441 A1), Chong et al. (CN 105759327 A) and Mexdour et al. (US Pub. No. 2011/0031121 A1
Applicant's arguments concerning Garcia are persuasive to the extent the previous Office Action relied on Garcia as teaching a yellow light-diffusing layer. Garcia's yellow/amber disclosure is tied to cover 24, which acts as a cover/filter to filter out blue and enhance yellow light, while Garcia's diffuser sheet is a separate transmittance-plate layer 16D. (Garcia [0025]-[0027], [0035]-[0037], Figs. 3, 6-8.) Therefore, the Garcia-first mapping is not repeated as the primary basis for claim1.
Applicant's broader argument that gel transilluminator art is not an imager field is not persuasive. Garcia, Waldbeser, Dai, and Atkinson each address gel/transilluminator imaging or detection and use cameras, CCD detectors, or visual observation to image or view gel samples. (Waldbeser [0003]-[0009], [0022]-[0025]; Dai [0002]-[0004], [0033]-[0047]; Atkinson [0013], [0026], [0038], [0042]-[0048].)
Applicant's non-analogous-art argument against Chong is addressed by using Chong only as a targeted secondary for the ordinary optical-sheet feature of a yellow dye-containing diffuser. Waldbeser already teaches plastic converter/filter sheets with light-scattering additives and textured scattering surfaces in gel transillumination; Chong teaches the same type of optical problem - color-correcting and diffusing LED light using yellow/blue disperse-dye particles in a diffuser plate. (Waldbeser [0014]-[0019]; Chong [0004]-[0009], [0034]-[0041].)
Applicant's claim-20 argument against Wohlstadter is persuasive; Wohlstadter is not relied upon. This draft instead uses Atkinson for a gel imager/light-table environment and Mezdour for electrophoresis-gel retaining lips/ridges, windows, scale, and support films (see Atkinson [0038], [0042]-[0044]; Mezdour [0037]-[0062], [0068]-[0078]).
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.
Claim(s) 1, 3, 5, 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waldbeser et al. (US 2010/0187441 A1) in view of Chong et al. (CN 105759327 A, machine-EN) and Mezdour et al. (US 2011/0031121 A1).
With regards to claim 1, Waldbeser teaches an apparatus for use with a transilluminator to replace UV light with visible light before reaching a planar gel. The apparatus includes a converter sheet having embedded fluorescent dye, a conditioning sheet having non-fluorescent dye that filters light outside a selected visible range, optional light-scattering additives, matte/textured surfaces for scattering and uniformity, optional protective sheet, and sample placement on the sheet stack. (Waldbeser [0007]-[0009], [0014]-[0025], Figs. 1-3, claims 1-7, 13-20.)
Waldbeser does not expressly disclose that the converter/diffusing layer is a translucent yellow layer, does not expressly recite a translucent orange filtering layer, and does not expressly recite the particular frame/coupling language
Chong teaches a diffuser plate in which a substrate includes yellow or blue disperse-dye particles in the substrate or in a coating layer, with a light source below the diffuser plate in a backlight module. (Chong claims 1, 4, 9, 10; [0004]-[0009], [0019]-[0021], [0034]-[0041], Figs. 1-3.)
Mezdour teaches a yellow-orange translucent film for electrophoresis-gel observation that blocks UV-blue light while passing other wavelengths, and further teaches a second film/window and lips/retention structures in a gel support. (Mezdour [0013]-[0022], [0037]-[0062], [0068]-[0078], [0085]-[0086], Figs. 1A-10.)
It would have been obvious to modify Waldbeser gel transilluminator adaptor by using a known yellow dye-containing diffuser sheet as taught by Chong to shift and diffuse LED/transilluminator light, because Waldbeser already teaches plastic optical sheets with fluorescent dyes, filtering dyes, light-scattering additives, and textured/matte surfaces to improve uniformity and wavelength control.
It would further have been obvious to use the electrophoresis support/window/lip teachings of Mezdour to frame and retain the gel sample because Waldbeser places electrophoresis gels on the adaptor and Mezdour teaches gel support structures designed for imaging/visualization. (Waldbeser [0014]-[0025]; Chong 0004]-[0009], [0034]-[0041]; Mezdour [0037]-[0062], [0085]-[0086]).
With regards to claim 3, Waldbeser teaches claim 1 but fails to expressly disclose frame configured to couple to the diffusing and filtering layers.
Mezdour teaches first/second films, a second film with central or elongated windows defining the analysis/migration zone, and films mechanically attached by lips/retention structures. This is a frame around the light path coupled to the support layers. (Mezdour [0041]-[0046], [0068]-[0078], Figs. 8-10.)
In view of the utility, to improve the design of the device as needed, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Waldbeser to include the teachings such as that taught by Mezdour.
With regards to claim 5, Waldbeser teaches the claimed invention according to claim 1 and also filtering/conditioning sheet color and bandwidth are selected for the sample [0017]-[0018].
Waldbeser fails to expressly disclose filtering layers comprise translucent orange layers.
Mezdour teaches the first film may be a yellow-orange translucent plastic film that blocks UV-blue light while passing other wavelengths [0085]-[0086].
In view of the utility, to improve the device capabilities of filtering colors or light as needed, it would be obvious to a person of ordinary skill of the art at the time that the invention was made to modify Waldbeser to include the teachings such as that taught by Mezdour.
With regards to claims 6, Waldbeser places the sample over the adaptor, on the uppermost conditioning sheet or protective layer, and identifies agarose/polyacrylamide gel slabs and cell culture formats [0022], (Fig. 1). The “on top of the tray” alternative is expressly met.
With regards to claim 9, Waldbeser teaches the claimed invention according to claim 1 and further Waldbeser teaches textured surfaces/matte finish on the converter and conditioning sheets to scatter light and improve uniformity [0019] – [0020].
Waldbeser fails to expressly disclose the adhesive layer comprises adhesive tape.
Chong teaches a dye-particle coating layer on a diffuser plate [0045]-[0056].
In view of the utility, to improve the device capabilities by surface treatment, it would be obvious to a person of ordinary skill of the art at the time that the invention was made to modify Waldbeser to include the teachings such as that taught by Mezdour.
Claims 2, 10-16, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Waldbeser in view of Chong and Mezdour, and further in view of Dai et al. (US Pub. No. 2003/0230728 A1), Atkinson et al. (US Pub. No. 2004/0036036 A1), and Shedletsky (US Pub. No. 2012/0170284 A1).
With regards to claim 2, Waldbeser teaches the claimed invention according to claim 1 including illuminating a planar gel using an adaptor having fluorescent converter dye and non-fluorescent conditioning/filter dye. The method intercepts UV light with a fluorescent dye, passes the emitted light through a non-fluorescent dye to filter selected wavelengths, and places the resulting light on a gel sample; visual observation, automated instrumentation, photographic film, and digital camera detection are disclosed [0014]-[0025], (Figs. 1-3).
Waldbeser does not expressly disclose a yellow diffuser, does not expressly require green or blue-green imaging light, and does not expressly place the sample between the diffuser/converter layer and a detector-side filtering layer.
Chong teaches yellow dye-containing diffuser plates [0034]-[0041];
Mezdour teaches yellow-orange translucent films for electrophoresis gel observation and orange filtering behavior [0085]-[0086].
Dai teaches biological gel illumination with LED arrays, diffuser, sample, emission filter, and detector, including sample positioned on or adjacent the diffuser and emission filter between sample and detector [0033]-[0047];
Atkinson teaches an imager with a sample area, LEDs, diffuser, filters, and blue/green/red LED options [0026], [0038], [0042]-[0048;
Shedletsky teaches adhesive coupling of filter/diffuser structures [0051].
A person of ordinary skill in the art at the time the invention was made would have combined these teachings to obtain predictable wavelength management and contrast improvement in gel imaging.
Waldbeser supplies the converter/filter sheet stack for electrophoresis gels; Chong supplies a known yellow dye-containing diffuser; Mezdour supplies gel-specific colored film, retaining support, and analysis window features; Dai supplies the known sample-between-diffuser-and-filter optical geometry; and Atkinson supplies the gel imager/LED/diffuser/filter environment and multiple LED color choices. The motivation is expressly tied to the recognized need for uniform illumination, selected excitation/emission bands, and improved contrast in gel imaging (see Waldbeser [0005]-[0009], [0016]-[0022]; Dai [0003]-[0004], [0033]-[0047]; Atkinson [0026], [0042]-[0048]).
With regards to claim 10, Waldbeser modified discloses the claimed invention according to claim 1 and further Waldbeser places the adaptor over a transilluminator and places a sample over the adaptor; detection may be visual or by digital camera [0022]-[0025], (Figs. 1-3).
Waldbeser also teaches including a converter sheet shifts/upconverts UV to visible light and may include light-scattering additives/textures [0014]-[0019], [0023]-[0024] and conditioning sheet filters selected visible light and the Fig. 2 single sheet with both fluorescent converter dye and non-fluorescent filtering dye, so an optical layer can both convert and filter [0017], [0024].
Dai similarly positions a biological sample 308 on or adjacent diffuser 124 [0039], (Fig. 3).
Chong supplies yellow dye-particle diffuser substrate/coating [0034]-[0041],(Fig. 1).
Kovalsky independently confirms fluorescent dyed polymer sheets converting UV to visible for electrophoresis gels (Abstract); (col. 3, Line 42 to col. 4, line 65).
In view of the utility, to obtain predictable wavelength management and contrast improvement for uniform illumination, selected excitation/emission bands, and improved contrast in gel imaging, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Waldbeser to include the teachings such as that taught by Dai, Chong and Kovalsky.
With regards to claim 11, Waldbeser teaches the claimed invention according to claim 10 and further visual observation, automated instrumentation, photographic film, digital camera, and conventional imaging apparatus [0022].
Waldbeser fails to expressly disclose displaying an output from filtering layers to a user.
Dai teaches detector/viewer including human eye, camera, scanner, CCD. (Dai [0039].
In view of the utility, to obtain predictable wavelength management and contrast improvement for uniform illumination, selected excitation/emission bands, and improved contrast in gel imaging, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Waldbeser to include the teachings such as that taught by Dai.
With regards to claim 12, Waldbeser teaches the claimed invention according to claim 10 and further Waldbeser teaches interface material between converter/ conditioning/ protective sheets [0020].
Shedletsky teaches adhesive connecting filter/diffuser structures and optically clear adhesive [0051].
In view of the utility, to obtain good adhesion and optical connection, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Waldbeser to include the teachings such as that taught by Shedletsky.
With regards to claim 13, Waldbeser modified discloses the claimed invention according to claim 10 and further wherein Waldbeser includes a green converter and green conditioning sheet options [0009] but fails to expressly teach imaging light comprises green or blue-green light.
Atkinson teaches LED groups for blue, green, and red bands and modification to use desired fluorescent stains [0026], [0047].
In view of the utility, to use particular light as needed depending on the application at hand, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Waldbeser to include the teachings such as that taught by Atkinson.
With regards to claim 14, Waldbeser teaches in use the adaptor is placed over the transilluminator and the sample is placed over the adaptor [0022], (Fig. 1).
With regards to claim 15, Waldbeser expressly identifies agarose gel, polyacrylamide gel, microtiter plates, microscope slides, cell culture, and Petri dishes [0022].
With regards to claim 16, Waldbeser modified discloses the claimed invention according to claim 10, but failed to expressly disclose that placing sample between the diffusing layer and filtering layer before directing light.
Dai teaches light from LED arrays passes through diffuser 124 to sample 308, and emission filter 312 is positioned between sample 308 and detector 316; thus, the sample is between the diffuser and detector-side filter [0033]-[0039], (Fig. 3).
In view of the utility, to obtain predictable wavelength management and contrast improvement for uniform illumination, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Waldbeser to include the teachings such as that taught by Dai.
With regards to claim 27, see the rejection of claim 5.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Waldbeser, Chong, and Mezdour as applied to claim 1, further in view of Shedletsky (US 2012/0170284 A1).
With regards to claims 7 and 8, Waldbeser teaches the claimed invention according to claim 1 and further teaches stacked optical sheets for gel transilluminator use and an interface material between converter/conditioning/protective sheets to improve optical admittance [0020]-[0024], (Figs. 1-3).
Waldbeser does not expressly recite that the bonding layer is an adhesive layer or that the adhesive layer is adhesive tape.
Shedletsky teaches filter/diffuser stacks joined by adhesive, including optically clear adhesive, liquids such as thermally cured or UV-cured epoxy, pressure-sensitive adhesive, adhesive on tape, and adhesives having filtering or diffusing capabilities [0051], (Figs. 9-13).
It would have been obvious to bond the known stacked optical sheets of Waldbeser with a known optically clear adhesive or adhesive tape as taught by Shedletsky to maintain alignment, improve handling, and maintain optical contact between thin optical filter/diffuser sheets (see Waldbeser [0020] and Shedletsky [0051].
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Atkinson et al. (US 2004/0036036 A1) in view of Mezdour et al. (US 2011/0031121 A1), and further in view of Shedletsky for claim 22.
With regards to claims 20-21, Atkinson teaches a gel imager/excision apparatus with a main bed and light table plate, gel dish placement, clamps around the periphery for locating/securing gel dishes, LEDs below the sample area, a diffuser between LEDs and the light table plate, filters, and a CCD detector imaging from above [0013], [0026], [0038], [0042]-[0044], (Figs. 1-4).
Atkinson does not expressly teach a thin mat with ridges extending from the flat portion and a separate frame coupled to those ridges to restrain the sample therebetween.
Mezdour teaches an electrophoresis support with a first film/support, second film/window, lips extending from the plane of the support and forming retention points, lip patterns around the analysis/migration zone, and a scale. The films are mechanically attached by lips and the gel attaches to the support by the lips/recess retention points [0037]-[0062], [0068]-[0078], (Figs. 3a-10).
Atkinson's clamps secure gel dishes around the light table, but the specific mat/ridge/frame structure is supplied by Mezdour.
It would have been obvious to use Mezdour's gel-support film with retention lips/windows on Atkinson's light-table imager to locate and restrain a thin gel or sample relative to the imager light path, because Atkinson already uses clamps to locate/secure gel dishes and Mezdour teaches gel-specific lips and windows to retain a gel while preserving optical observation (see Atkinson [0038] and Mezdour [0037]-[0062], [0068]-[0078]).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Atkinson et al. (US 2004/0036036 A1) in view of Mezdour et al. (US 2011/0031121 A1), and further in view of Shedletsky (US Pub. No. 2012/0170284 A1).
With regards to claim 22, Atkinson modified discloses the claimed invention according to claim 20 but fails to expressly disclose a tab allowing a user to maneuver a mat.
Shedletsky teaches a tabbed diffuser pressed onto cover glass and a removable tab, showing the known use of tabs to maneuver/apply thin optical sheets [0108]-[0110], Fig. 11).
In view of the utility, to allow for manipulate the mat as needed, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Atkinson to include the teachings such as that taught by Shedletsky.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DJURA MALEVIC whose telephone number is (571)272-5975. The examiner can normally be reached M-F (9-5).
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/DJURA MALEVIC/Examiner, Art Unit 2884 (571) 272-5975
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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