DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/19/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-7 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wada et al. (2002/0145733, of record) in view of Seifert (2010/0309546).
Regarding claim 1, Wada discloses a controller (at least Figure 3, 51, controller) for a microscope (at least Figure 3), wherein the microscope comprises a sample stage (25, movable stage) and an imaging optic (42, revolver), wherein the sample stage is configured to receive a sample holder (W, substrate), wherein the imaging optic comprises at least two different objective lenses ([0063] teaches 42, revolver, has plural objective lenses; Figure 9, 40a, objective lens for visible light, and 40b, objective lens for UV light), the microscope being configured to: allow selecting each of the at least two different objective lenses for imaging at least a part of the sample holder, when received in the sample stage ([0070]), allow a lateral movement for each of the at least two different objective lenses in at least one lateral direction relative to the sample holder, when received in the sample stage (at least Figures 10A and 10B depict the revolver to move each objective lens laterally), and allow a vertical movement for each of the at least two different objective lenses in a vertical direction relative to the sample holder, when received in the sample stage (at least Figures 10A and 10B depict the revolver to move each objective lens vertically).
Wada fails to teach wherein the controller is configured to: control the microscope in a first mode, wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction; and control the microscope in a second mode, wherein in the second mode, the lateral position for all of the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction, wherein the second lateral range is different from the first lateral range, and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range. Wada and Seifert are related because both teach a controller for a microscope.
Seifert teaches a controller for a microscope wherein the controller is configured to: control the microscope in a first mode, wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction (Figure 2 to Figure 6 when changing from 3, objective, to 2, objective, depict a lateral range from right to left for both objectives); and control the microscope in a second mode, wherein in the second mode, the lateral position for all of the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction (Figure 6 to Figure 2 when changing from 2, objective, to 3, objective, depict a lateral range from left to right for both objectives), wherein the second lateral range is different from the first lateral range (Figure 2 to Figure 6 when changing from 3, objective, to 2, objective, depict a lateral range from right to left for both objectives and Figure 6 to Figure 2 when changing from 2, objective, to 3, objective, depict a lateral range from left to right for both objectives, thus interpreted as different ranges), and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range (Figure 7 depicts a vertical range being restricted by 15 and 16, stationary axles).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified Wada to incorporate the teachings of Seifert and provide wherein the controller is configured to: control the microscope in a first mode, wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction; and control the microscope in a second mode, wherein in the second mode, the lateral position for all of the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction, wherein the second lateral range is different from the first lateral range, and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range. Doing so would allow for a more efficient and inexpensive way to adjust the objectives without the explicit need to move the sample table.
Regarding claim 2, the modified Wada discloses the controller of claim 1, wherein in the second mode, the lateral position for all of the at least two different objective lenses during the lateral movement is restricted to the second lateral range (Seifert: Figure 6 to Figure 3 when changing from 2, objective, to 3, objective, depict a lateral range being restricted from left to right for both objectives by 10, axles).
Regarding claim 3, the modified Wada discloses the controller of claim 1, wherein, in the first mode, the vertical position of the at least two different objective lenses during the vertical movement is allowed to be within an extended pre-defined vertical range, wherein the extended pre-defined vertical range is larger than the pre-defined vertical range (Seifert: Examiner notes that a pre-defined vertical range is arbitrary and can be interpreted such that Figures 3-5 depict a pre-defined vertical range, while Figures 2 and 6 can be interpreted to depict an extended pre-defined vertical range).
Regarding claim 4, the modified Wada discloses the controller of claim 1, further configured to: receive information about, or determine, whether a sufficiency criterion is fulfilled ([0084, 0085]), wherein the sufficiency criterion comprises that the pre-defined vertical range is sufficient for all of the at least two objective lenses to focus to every point on the sample holder within the second lateral range, when the sample holder is received in the sample stage ([0084, 0085-0086]); and when in the first mode and when the sufficiency criterion is fulfilled, control a human machine interface to provide information to a user relating to the sufficiency criterion being fulfilled for all of the at least two objectives ([0082, 0084, 0085-0086]), or when in the first mode and when the sufficiency criterion is fulfilled, switch to control the microscope in the second mode ([0084, 0085-0086]).
Regarding claim 5, the modified Wada discloses the controller of claim 4, further configured to: control the microscope to determine information about at least one geometric parameter of the sample holder, when received in the sample stage ([0085]); receive the information about the at least one geometric parameter of the sample holder ([0085]); and determine whether the sufficiency criterion is fulfilled, based on the information about the at least one geometric parameter of the sample holder ([0085]).
Regarding claim 6, the modified Wada discloses the controller of claim 1, further configured to: receive information about, or determine, whether an in-sufficiency criterion is fulfilled ([0084, 0085-0086]), wherein the in-sufficiency criterion comprises that the pre-defined vertical range is not sufficient for at least one of the at least two objective lenses to focus to every point on the sample holder within the second lateral range, when the sample holder is received in the sample stage ([0085-0086]); and when in the second mode and when the in-sufficiency criterion is fulfilled, control a human machine interface to provide information to a user relating to the at least one objective lens for which the in-sufficiency criterion is fulfilled ([0082, 0085-0086]).
Regarding claim 7, the modified Wada discloses the controller of claim 6, further configured to: control the microscope to determine information about at least one geometric parameter of the sample holder, when received in the sample stage ([0085-0086]);receive the information about the at least one geometric parameter of the sample holder ([0085-0086]); and determine whether the in-sufficiency criterion is fulfilled, based on the information about the at least one geometric parameter of the sample holder ([0085-0086]).
Regarding claim 9, the modified Wada discloses the controller of claim 1, further configured to: receive user input data relating to a first selection of the first mode and a second selection of the second mode ([0079, 0086]); control a display of a human machine interface to visualize the sample holder and the first lateral range, upon the first selection of the first mode ([0079, 0086]); and control the display of the human machine interface to visualize the sample holder and the second lateral range, upon the second selection of the second mode ([0079, 0086]).
Regarding claim 10, the modified Wada discloses the controller of claim 1, further configured to: control the microscope in a third mode (Figure 10, [0086] teaches a plurality of 40a, objective lenses, and 40b, objective lenses, having different values of the WD), wherein in the third mode, a first lateral position for a first one of the at least two different objective lenses during the lateral movement is restricted to the first lateral range in the at least one lateral direction (Figure 10), a second lateral position for a second one of the at least two different objective lenses during the lateral movement is allowed to be at least within the second lateral range in the at least one lateral direction (Figure 10), and a first vertical position for the second one of the at least two different objective lenses during the vertical movement is restricted to the pre-defined vertical range (Figure 10).
Regarding claim 11, the modified Wada discloses the controller of claim 1, wherein the at least two different objective lenses have different shapes, and wherein the at least two different objective lenses require different vertical positions relative to the sample holder for focusing (Figure 10; [0086]).
Regarding claim 12, Wada discloses a controller (at least Figure 3, 51, controller) for a microscope (at least Figure 3), wherein the microscope comprises a sample stage (25, movable stage) and an imaging optic (42, revolver), wherein the sample stage is configured to receive a sample holder (W, substrate), wherein the imaging optic comprises at least two different objective lenses ([0063] teaches 42, revolver, has plural objective lenses; Figure 9, 40a, objective lens for visible light, and 40b, objective lens for UV light), the microscope being configured to: allow selecting each of the at least two different objective lenses for imaging at least a part of the sample holder, when received in the sample stage ([0070]), allow a lateral movement for each of the at least two different objective lenses in at least one lateral direction relative to the sample holder, when received in the sample stage (at least Figures 10A and 10B depict the revolver to move each objective lens laterally), and allow a vertical movement for each of the at least two different objective lenses in a vertical direction relative to the sample holder, when received in the sample stage (at least Figures 10A and 10B depict the revolver to move each objective lens vertically), control a display of a human machine interface to visualize the sample holder and the first lateral range, upon a first selection of the first mode ([0079, 0086]); and control the display of the human machine interface to visualize the sample holder and the second lateral range, upon a second selection of the second mode ([0079, 0086]).
Wada fails to teach wherein the controller is configured to: receive user input data relating to a first selection of a first mode and a second selection of a second mode, wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction; wherein in the second mode, the lateral position for the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction, wherein the second lateral range is different from the first lateral range, and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range. Wada and Seifert are related because both teach a controller for a microscope.
Seifert teaches a controller for a microscope wherein the controller is configured to: receive user input data relating to a first selection of a first mode (Figure 2 to Figure 6 when changing from 3, objective, to 2, objective, depict a lateral range from right to left for both objectives) and a second selection of a second mode (Figure 6 to Figure 2 when changing from 2, objective, to 3, objective, depict a lateral range from left to right for both objectives), wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction (Figure 2 to Figure 6 when changing from 3, objective, to 2, objective, depict a lateral range from right to left for both objectives); wherein in the second mode, the lateral position for the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction (Figure 6 to Figure 2 when changing from 2, objective, to 3, objective, depict a lateral range from left to right for both objectives), wherein the second lateral range is different from the first lateral range (Figure 2 to Figure 6 when changing from 3, objective, to 2, objective, depict a lateral range from right to left for both objectives and Figure 6 to Figure 2 when changing from 2, objective, to 3, objective, depict a lateral range from left to right for both objectives, thus interpreted as different ranges), and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range (Figure 7 depicts a vertical range being restricted by 15 and 16, stationary axles).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified Wada to incorporate the teachings of Seifert and provide wherein the controller is configured to: receive user input data relating to a first selection of a first mode and a second selection of a second mode, wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction; wherein in the second mode, the lateral position for the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction, wherein the second lateral range is different from the first lateral range, and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range. Doing so would allow for a more efficient and inexpensive way to adjust the objectives without the explicit need to move the sample table.
Regarding claim 13, the modified Wada discloses the microscope system (at least Figure 3) comprising a microscope (at least Figure 3) and the controller of claim 1 (at least Figure 3, 51, controller), wherein the microscope comprises the sample stage (25, movable stage) and the imaging optic (42, revolver), wherein the sample stage is configured to receive the sample holder (W, substrate), wherein the imaging optic comprises the at least two different objective lenses ([0063] teaches 42, revolver, has plural objective lenses; Figure 9, 40a, objective lens for visible light, and 40b, objective lens for UV light), wherein the microscope is configured to: allow selecting each of the at least two different objective lenses for imaging at least the part of the sample holder, when received in the sample stage ([0070]), allow the lateral movement for each of the at least two different objective lenses in at least the one lateral direction relative to the sample holder, when received in the sample stage (at least Figures 10A and 10B depict the revolver to move each objective lens laterally), and allow the vertical movement for each of the at least two different objective lenses in the vertical direction relative to the sample holder, when received in the sample stage (at least Figures 10A and 10B depict the revolver to move each objective lens vertically).
Regarding claim 14, Wada discloses a method for controlling a microscope (at least Figure 3), wherein the microscope comprises a sample stage (25, movable stage) and an imaging optic (42, revolver), wherein the sample stage is configured to receive a sample holder (W, substrate), wherein the imaging optic comprises at least two different objective lenses ([0063] teaches 42, revolver, has plural objective lenses; Figure 9, 40a, objective lens for visible light, and 40b, objective lens for UV light), wherein the microscope is configured to: allow selecting each of the at least two different objective lenses for imaging at least a part of the sample holder, when received in the sample stage ([0070]), allow a lateral movement for each of the at least two different objective lenses in at least one lateral direction relative to the sample holder, when received in the sample stage (at least Figures 10A and 10B depict the revolver to move each objective lens laterally), and allow a vertical movement for each of the at least two different objective lenses in a vertical direction relative to the sample holder, when received in the sample stage (at least Figures 10A and 10B depict the revolver to move each objective lens vertically).
Wada fails to teach the method comprising: controlling the microscope, upon selection of a first mode, in the first mode, wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction; and controlling the microscope, upon selection of a second mode, in the second mode, wherein in the second mode, the lateral position for the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction, wherein the second lateral range is different from the first lateral range, and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range.. Wada and Seifert are related because both teach a method for controlling a microscope.
Seifert teaches a method for controlling a microscope, the method comprising: controlling the microscope, upon selection of a first mode, in the first mode, wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction (Figure 2 to Figure 6 when changing from 3, objective, to 2, objective, depict a lateral range from right to left for both objectives); and controlling the microscope, upon selection of a second mode, in the second mode, wherein in the second mode, the lateral position for the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction (Figure 6 to Figure 2 when changing from 2, objective, to 3, objective, depict a lateral range from left to right for both objectives), wherein the second lateral range is different from the first lateral range (Figure 2 to Figure 6 when changing from 3, objective, to 2, objective, depict a lateral range from right to left for both objectives and Figure 6 to Figure 2 when changing from 2, objective, to 3, objective, depict a lateral range from left to right for both objectives, thus interpreted as different ranges), and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range (Figure 7 depicts a vertical range being restricted by 15 and 16, stationary axles).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified Wada to incorporate the teachings of Seifert and provide the method comprising: controlling the microscope, upon selection of a first mode, in the first mode, wherein in the first mode, a lateral position for all of the at least two different objective lenses during the lateral movement is restricted to a first lateral range in the at least one lateral direction; and controlling the microscope, upon selection of a second mode, in the second mode, wherein in the second mode, the lateral position for the at least two different objective lenses during the lateral movement is allowed to be at least within a second lateral range in the at least one lateral direction, wherein the second lateral range is different from the first lateral range, and wherein in the second mode, a vertical position for all of the at least two different objective lenses during the vertical movement is restricted to a pre-defined vertical range. Doing so would allow for a more efficient and inexpensive way to adjust the objectives without the explicit need to move the sample table.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wada et al. (2002/0145733, of record) in view of Seifert (2010/0309546) as applied to claim 5 above, and further in view of Amthor et al. (2020/0200531).
Regarding claim 8, the modified Wada teaches the controller of claim 5, but fails to teach wherein the sample holder comprises a multi well plate having multiple wells, wherein the multiple wells are distributed in the at least one lateral direction, when the sample holder is received in the sample stage, and wherein the at least one geometric parameter of the sample holder comprises at least one of: a skirt height of the multi well plate, and a distance of a bottom plate of the multi well plate from the imaging optic. The modified Wada and Amthor are related because each teach a controller for a microscope.
Amthor teaches a controller for a microscope wherein the sample holder comprises a multi well plate having multiple wells (at least Figure 1, 106, multiwell sample carrier; [0069]), wherein the multiple wells are distributed in the at least one lateral direction, when the sample holder is received in the sample stage (at least Figures 1 and 3), and wherein the at least one geometric parameter of the sample holder comprises at least one of: a skirt height of the multi well plate, and a distance of a bottom plate of the multi well plate from the imaging optic (at least [0035]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have further modified Wada to incorporate the teachings of Amthor and provide wherein the sample holder comprises a multi well plate having multiple wells, wherein the multiple wells are distributed in the at least one lateral direction, when the sample holder is received in the sample stage, and wherein the at least one geometric parameter of the sample holder comprises at least one of: a skirt height of the multi well plate, and a distance of a bottom plate of the multi well plate from the imaging optic. Doing so would allow for accurate calibration to different types of multiwell plates having different skirt heights in order to image multiple samples and specimen efficiently.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wada et al. (2002/0145733, of record) in view of Seifert (2010/0309546) as applied to claim 14 above, and further in view of Gisler et al. (2020/0241278).
Regarding claim 15, the modified Wada fails to teach a non-transitory computer-readable medium having processor-executable instructions stored thereon, wherein the processor-executable instructions, when executed by one or more processors, facilitate performing the method of claim 14. The modified Wada and Gisler are related because each teach a method for controlling a microscope.
Gisler teaches a non-transitory computer-readable medium having processor-executable instructions stored thereon (at least [0055-0056]), wherein the processor-executable instructions, when executed by one or more processors, facilitate performing a method for controlling a microscope (at least [0055-0056]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have further modified Wada to incorporate the teachings of Gisler and provide a non-transitory computer-readable medium having processor-executable instructions stored thereon, wherein the processor-executable instructions, when executed by one or more processors, facilitate performing the method of claim 14. Doing so would allow for convenience in executing microscope objective control.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Turgeman (2024/0061229), Amthor (2022/0018652), Pergande (11,194,148), Shibata (2021/0364774), Schacht (10,768,405), Clawges (9,217,855), Gilbert (2010/0315707), Kimura (2010/0103510), Hasegawa (6,437,911), Tsuchiya (6,400,501), and Furuhashi (6,268,958) disclose relevant microscope controllers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BALRAM T PARBADIA whose telephone number is (571)270-0602. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BALRAM T PARBADIA/Primary Examiner, Art Unit 2872