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 .
Information Disclosure Statement
The Information Disclosure Statement filed on 6/20/2024 is acknowledged.
DETAILED ACTION
The instant application having Application No. 18/434,479 filed on 2/6/2024 is presented for examination by the Examiner.
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Objections
Claims 10 and 17 are objected to because of the following informalities:
Claim 10 recites “rang” in line 2 and should be changed to “range”, for better clarity.
Claim 17 recites “existing” in line 3 and should be changed to “exiting”, for better clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 12 and 15 are rejected under 35 U.S.C. 102(2)(1) as being anticipated by Okugara (US 2006/0072190, hereinafter, “Okugawa”).
Regarding claim 1, Okugawa discloses a specimen chamber 10 for use with a sample imager (Fig. 1, [0035]), comprising:
a chamber housing 14 (Fig. 1, [0035]) comprising:
a first face (bottom of 14) and a second face (top of 14) opposite each other along a first direction Z, wherein the first face is configured to face an imaging lens 22, the second face is configured to mount with a lid 12 having a window (top surface of 12), and the first face is spaced from the second face in a lens-facing direction along the first direction (Fig. 1, 4, [0012], [0035]-[0036], [0040]). The top surface of lid 12 is transparent, i.e., it is a window, so that the specimen is observed);
first (left side of 14) and second (right side of 14) end walls opposite each other along a second direction X substantially perpendicular to the first direction (Fig. 1); and
first (front side of 14) and second (rear side of 14) sidewalls opposite each other along a third direction Y substantially perpendicular to the first and second directions (Fig. 1),
wherein the first and second end walls and the first and second sidewalls substantially enclose an interior volume with respect to the first and second directions, and the interior volume is configured to contain a local environment S therein (Fig. 1, [0035]); and
an air actuator unit P1 configured to direct conditioned air to a target location alongside the first face and spaced from the first face in the lens-facing direction for inhibiting or at least reducing condensation accumulation on the imaging lens (Fig. 1, [0046]-[0047], [0050], [0052]).
Regarding claim 12, Okugawa discloses the specimen chamber of claim 1, further comprising at least one temperature sensor configured to measure temperature at the target location ([0053]).
Regarding claim 15, Okugawa discloses a system for sample imaging (Fig. 1, [0011]), the system comprising:
a control unit 50 (Fig. 1, [0047]) for delivering conditioned air; and
a specimen chamber 10 (Fig. 1, [0035]) comprising:
a chamber housing 14 having an upper face (top of 14), a lower face (bottom of 14) opposite the upper face, and walls (left side of 14, right side of 14, front side of 14, rear side of 14) that extend vertically between the upper and lower faces, wherein the walls define an interior volume of the specimen chamber, and the lower face is configured to face an imaging lens 22 (Fig. 1, [0035]); and
an air actuator unit P1 configured to direct conditioned air to a target location alongside the lower face for inhibiting or at least reducing condensation accumulation on the imaging lens (Fig. 1, [0046]-[0047], [0050], [0052]).
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 2-4, 9-11 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Okugawa in view of Morales (US 2023/0072737, hereinafter, “Morales”).
Regarding claim 2, Okugawa discloses the specimen chamber of claim 1.
Okugawa does not disclose wherein the air actuator unit comprises an air actuator, a duct member, and an outlet port, wherein the air actuator is configured to induct air from exterior of the specimen chamber and direct the inducted air into a channel defined by the duct member, wherein the channel is configured to direct the inducted air to the outlet port, such that the inducted air exits the outlet port and travels exterior to and alongside the second face of the chamber housing.
Morales discloses a fogging preventing apparatus 100 (Fig. 1, Abstract) comprising an air actuator unit comprising an air actuator 106, a duct member 108 and an outlet port 120, wherein the air actuator 106 inducts air and directs the inducted air into a channel defined by the duct 108 and from therein to the outlet port 120 (Fig. 1, [0051]-[0052]).
Both Okugawa and Morales address the issue of preventing fogging of a surface/environment.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Okugawa so that air is fed into the specimen chamber 10 via a fogging apparatus, as disclosed by Morales, for directing air from the exterior into the specimen chamber along a desired direction, for maintaining desired pressure, temperature, humidity conditions in the vicinity of the specimen. It is noted that in the modified Okugawa/Morales specimen chamber, the inducted air through the duct 108 after exiting the outlet port 120 travels exterior to and alongside the second face of 14 (Fig. 2 in Okugawa).
Regarding claim 3, Okugawa/Morales discloses the specimen chamber of claim 2, wherein
the air actuator comprises a fan 106 (Fig. 1, [0051] in Morales).
Regarding claim 4, Okugawa/Morales discloses the specimen chamber of claim 2, wherein
wherein the air actuator unit comprises an outlet member 114 in communication with the duct 108, the outlet member at least partially defining an outlet passageway that terminates at the outlet port 120 (Fig.1, [0051]-[0052] in Morales).
Regarding claim 9, Okugawa/Morales discloses the specimen chamber of claim 2, further comprising a heating element 52 configured to heat the interior volume of the specimen chamber (Fig. 2, [0047]-[0048] in Okugawa).
Regarding claim 10, Okugawa/Morales discloses the specimen chamber of claim 9, wherein
the heating element is configured to heat the interior volume of the specimen chamber to a temperature in a range of about 30° C. to about 40° C ([0072] in Okugawa).
Regarding claim 11, Okugawa/Morales discloses the specimen chamber of claim 9, wherein
at least a portion of the heating element is adjacent to the channel, such that the inducted air is directed along the at least the portion of the heating element, wherein the inducted air is heated by the heating element (in the modified apparatus of Okugawa/Morales, under the Broadest Reasonable Interpretation principle, the heating element 52 of Okugawa is adjacent to the channel of the air actuator of Morales positioned at joint portion 55a, wherein the inducted air is heated by the heating element and directed along a portion of the heating element 52 (Fig. 2 in Okugawa).
Regarding claim 16, Okugawa discloses the system of claim 15.
Okugawa does not disclose wherein the air actuator unit comprises an air actuator, a duct member, and an outlet port, wherein the air actuator is configured to induct air from exterior of the specimen chamber and direct the inducted air into a channel defined by the duct member, wherein the channel is configured to direct the inducted air to the outlet port, such that the inducted air exits the outlet port and travels exterior to and alongside the second face of the chamber housing.
Morales discloses a fogging preventing apparatus 100 (Fig. 1, Abstract) comprising an air actuator unit comprising an air actuator 106, a duct member 108 and an outlet port 120, wherein the air actuator 106 inducts air and directs the inducted air into a channel defined by the duct 108 and from therein to the outlet port 120 (Fig. 1, [0051]-[0052]).
Both Okugawa and Morales address the issue of preventing fogging of a surface/environment.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Okugawa so that air is fed into the specimen chamber 10 via a fogging apparatus, as disclosed by Morales, for directing air from the exterior into the specimen chamber along a desired direction, for maintaining desired pressure, temperature, humidity conditions in the vicinity of the specimen. It is noted that in the modified Okugawa/Morales specimen chamber, the inducted air through the duct 108 after exiting the outlet port 120 travels exterior to and alongside the second face of 14 (Fig. 2 in Okugawa).
Regarding claim 17, Okugawa/Morales discloses the system of claim 16, wherein the air actuator comprises a fan (Fig. 1, [0051] in Morales), and the specimen chamber comprises at least one heater 52 (Fig. 2 in Okugawa) located alongside the channel, wherein the at least one heater is configured to heat the inducted air prior to the inducted air existing the outlet port (in the modified apparatus of Okugawa/Morales, under the Broadest Reasonable Interpretation principle, the heating element 52 of Okugawa is located alongside the channel of the air actuator of Morales positioned at joint portion 55a, wherein the inducted air is heated by the heating element prior to exiting the outlet port of the air actuator of Morales (Fig. 2 in Okugawa).
Claims 13-14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Okugawa in view of Bathe (US 2005/0196325, hereinafter, “Bathe”).
Regarding claim 13, Okugawa discloses the specimen chamber of claim 1.
Okugawa does not disclose further comprising the lid, wherein the lid is configured for repeated attachment to and detachment from the second face of the chamber housing, and the lid comprises at least one of a heating element or a thermal insulating layer.
Bathe discloses a specimen vessel (Fig. 1, Abstract). In one embodiment, the specimen chamber MTP is covered by a displaceable cover DL that includes heating elements ([0010], [0019]).
Both Okugawa and Bathe disclose specimen chambers.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Okugawa so that the cover 12 of Okugawa includes a heating element, as disclosed by Bathe, for further controlling the heating of the specimen chamber 10 (it is noted that under the Broadest Reasonable Interpretation principle, the lid 12 repeatedly attaches and detaches from the second (top) face of the chamber 14).
Regarding claim 14, Okugawa/Bathe discloses the specimen chamber of claim 13, wherein
the lid comprises a lid heating element, and the lid hearing element is configured to heat the specimen chamber to a temperature in a range of about 30° C. to about 40° C ([0019] in Bathe, [0072] in Okugawa).
Regarding claim 19, Okugawa discloses the system of claim 15.
Okugawa does not disclose further comprising the lid, wherein the lid is configured for repeated attachment to and detachment from the second face of the chamber housing, and the lid comprises at least one of a heating element or a thermal insulating layer.
Bathe discloses a specimen vessel (Fig. 1, Abstract). In one embodiment, the specimen chamber MTP is covered by a displaceable cover DL that includes heating elements ([0010], [0019]).
Both Okugawa and Bathe disclose specimen chambers.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Okugawa so that the cover 12 of Okugawa includes a heating element, as disclosed by Bathe, for further controlling the heating of the specimen chamber 10 (it is noted that under the Broadest Reasonable Interpretation principle, the lid 12 repeatedly attaches and detaches from the second (top) face of the chamber 14).
Regarding claim 20, Okugawa/Bathe discloses the system of claim 19, wherein
the lid comprises a lid heating element, and the lid hearing element is configured to heat the specimen chamber to a temperature in a range of about 30° C. to about 40° C ([0019] in Bathe, [0072] in Okugawa).
Claims 5-8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Okugawa, Morales in view of Ehrmann et al. (US 2024/0367619, hereinafter, “Ehrmann”).
Regarding claim 5, Okugawa/Morales discloses the specimen chamber of claim 4.
Okugawa/Morales does not disclose wherein the outlet member comprises fins that protrude within the outlet passageway and are configured to direct the flow of air exiting the outlet port.
Ehrmann discloses a cleaning apparatus for cleaning a closed area by using compressed air ([0006]). In one embodiment, the compressed air apparatus comprises heat conducting fins 46 provided in a supply channel 42 that transfer heat (Fig. 8, [0067]).
Both Okugawa and Ehrmann disclose means for transferring air/heat from one spot to another.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Okugawa/Morales so that air is fed into the specimen chamber 10 of Okugawa via the fogging apparatus of Morales, which comprises fins before the outlet port, as disclosed by Ehrmann, for directing air from the exterior into the specimen chamber more effectively ([0067] in Ehrmann).
Regarding claim 6, Okugawa/Morales/Ehrmann discloses the specimen chamber of claim 5, wherein
the fins are elongated along respective directions that diverge from each other in a downstream direction, thereby causing the inducted air to spread outwardly as the inducted air exits the outlet port (Fig. 8 in Ehrmann).
Regarding claim 7, Okugawa/Morales/Ehrmann discloses the specimen chamber of claim 5, wherein
the outlet member 114 has an outlet base surface (not labelled in Fig. 1 of Morales) that at least partially defines the outlet passageway, the fins extend from the outlet base surface along a direction opposite the lens-facing direction, and the outlet base surface is substantially parallel with the first face of the chamber housing, thereby causing the inducted air to exit from the outlet member in respective air flow directions that are substantially parallel with the first face of the chamber housing (in the modified apparatus of Okugawa/Morales/Ehrmann, the base surface of 114 of 100 of Morales is parallel with the first (bottom surface) of 14 of Okugawa).
Regarding claim 8, Okugawa/Morales/Ehrmann discloses the specimen chamber of claim 7, wherein
the outlet base surface faces a portion of the first face of the chamber housing, such that the portion of the first face partially defines the outlet passageway (in the modified apparatus of Okugawa/Morales/Ehrmann, the base surface of 114 of 100 of Morales is parallel with the first (bottom surface) of 14 of Okugawa).
Regarding claim 18, Okugawa/Morales discloses the system of claim 17.
Okugawa/Morales does not disclose wherein the outlet port includes fins that are elongated along respective directions that diverge from each other in a downstream direction, thereby causing the inducted air to spread outwardly as the inducted air exits the outlet port.
Ehrmann discloses a cleaning apparatus for cleaning a closed area by using compressed air ([0006]). In one embodiment, the compressed air apparatus comprises heat conducting fins 46 provided in a supply channel 42 that transfer heat (Fig. 8, [0067]).
Both Okugawa and Ehrmann disclose means for transferring air/heat from one spot to another.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Okugawa/Morales so that air is fed into the specimen chamber 10 of Okugawa via the fogging apparatus of Morales, which comprises fins before the outlet port, as disclosed by Ehrmann, for directing air from the exterior into the specimen chamber more effectively ([0067] in Ehrmann. In Fig. 8 of Ehrmann, the fins 46 are elongated along respective directions that diverge from each other in a downstream direction).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONIDAS BOUTSIKARIS whose telephone number is (703)756-4529. The Examiner can normally be reached Mon. - Fr. 9.00-5.00.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Stephone Allen, can be reached on 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.B./
Patent Examiner, AU 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872