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 .
Response to Amendment
The preliminary amendment filed on 9/11/2023 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/10/2025, 10/03/2023 and 9/11/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings received on 9/11/2023 are accepted to by the Examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-18, 20-22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. Applicant provided NPL "Efficient quantitative phase microscopy using programmable annular LED illumination", BIOMEDICAL OPTICS EXPRESS, vol. 8, no. 10, (2017-10-01), page 4687, of record).
Regarding claim 1, Li teaches a microscope system (refer to NPL “BIOMEDICAL OPTICS EXPRESS, vol. 8”, Fig 6d, “(d) Photograph of whole imaging system”, page 4700) comprising: an incoherent light source (Fig. 6d, LED Array; LED array produces incoherent light because individual LEDs emit light with random phases and directions); a detection optical system (Objective, Fig. 6d); and an imager (camera, Fig. 6d), wherein
the incoherent light source is a light source configured to emit light that is temporally not coherent (LED lights are typical non-coherent light),
the detection optical system is an optical system configured to form an optical image of a sample (Fig. 6(d) shows the whole imaging system with parts labeled, see [paragraph 3]),
the imager receives the optical image of the sample formed by the detection optical system (Fig. 6(d) shows the sample, the detection optical system and the imager, paragraph 3),
in the sample, a plurality of coherent illuminations are simultaneously performed by light emitted from the incoherent light source (Fig. 6(b) shows the annular arrangement of LEDs emits light simultaneously, see paragraph 3),
the coherent illuminations are illumination by light that is spatially coherent (each LED can provide approximately spatially coherent quasi-monochromatic illuminations, [paragraph 3]),
a direction in which the sample is irradiated with a light beam is different for each of the coherent illuminations, (see Fig. 6, LED array and the sample. Figure shows sample is irradiated with a light beam is different for each of the coherent illuminations) in a pupil plane of the detection optical system, the respective light beams of the coherent illuminations pass through first regions different from each other (see Fig. 6a).
Li doesn’t explicitly teach each of the first regions satisfies the following Condition (1), and at least one distance among distances between the two adjacent first regions satisfies the following Condition (2): LS<PSx10-3 (1), 0.05 x T< d (2), where LS is an area of the first region (in mm2), PS is an area of a pupil of the detection optical system (in mm2), d is a distance between the two adjacent first regions (in mm), and T is a diameter of the pupil of the detection optical system (in mm). However, Li teaches in Fig. 6, a programmable LED array, each LED can provide approximately spatially coherent quasi-monochromatic illuminations, The array is driven dynamically using a LED controller board, with a Field Programmable Gate Array (FPGA) unit, to provide the various illumination patterns, the discrete annular LED illumination pattern matched with objective pupil is displayed on the array, as shown in Fig. 6(b), and chapter 3; light beams of the coherent illuminations pass through first regions different from each other (Fig. 6 (a)), and in Fig. 2 shows line profiles of three different types discrete annular illumination patterns, 2D images and line profiles of weak object transfer function WOTF imaginary part for various annular illumination patterns and defocus distances, with four LEDs and 8 LEDs. In view of Figs. 2 and 6, where LS, PS, T and d are shown in the figures, it would have been obvious to one of ordinary skill in the art at the time the application was filed to choose quantities of LS, PS, T and d, which satisfies the above condition and modified the microscope system of Li for the predictable advantage of confirming accurate and repeatable performance of imaging the samples and cellular specimens, as taught by Li in abstract.
Regarding claim 2, the modified Li teaches the microscope system according to claim 1 (see above), wherein half of the first regions satisfy Condition (2), (see Fig. 6, select half of the first regions satisfy Condition (2)).
Regarding claim 3, the modified Li teaches the microscope system according to claim 1 (see above), wherein the following Condition (3) is satisfied:
PNG
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233
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, where LSi is an area of an i-th first region (in mm2), and n is the number of the first regions (Fig. 6 shows 8 first reasons, where LS is an area of the first region (in mm2), PS is an area of a pupil of the detection optical system (in mm2). It would have been obvious to one of ordinary skill in the art at the time the application was filed to choose quantities of LSi and, PS, which satisfies the above condition and modify the microscope system of Li for the predictable advantage of confirming accurate and repeatable performance of imaging the samples and cellular specimens, as taught by Li in abstract.
Regarding claim 4, the modified Li teaches the microscope system according to claim 1 (see above), wherein some of the first regions are located within a first annular region, and the first annular region is a region with a radius in a pupil region of the detection optical system (Fig. 6 shows first regions are located within a first annular region and the first annular region is a region with a radius in a pupil region of the detection optical system). Li does teach the first annular region is a region with a radius of 50% or more in a pupil region of the detection optical system, since it has been held that where the general conditions of a claim are disclosed in the prior art and no criticality has been established on the record, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). Benefits of optimizing location include improved image quality. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to optimize the axes relations of Li to have the first annular region is a region with a radius of 50% or more in a pupil region of the detection optical system to improve image quality.
Regarding claim 5, the modified Li teaches the microscope system according to claim 1 (see above), wherein some of the first regions are aligned to form a double circle within the first annular region (Fig. 2 shows the first annular region. Li further teaches LED changing the LED illumination pattern, [page 4696]).
Regarding claim 6, the modified Li teaches the microscope system according to claim 4 (see above), wherein some of the first regions are located within a second annular region, and the second annular region is a region with a radius in a pupil region of the detection optical system (Fig. 2 shows the first annular region. Li further teaches LED changing the LED illumination pattern, [page 4696], Fig. 6 shows the pupil region of the detection optical system). Li does teach t the second annular region is a region with a radius of 70% to 90% in a pupil region of the detection optical system, since it has been held that where the general conditions of a claim are disclosed in the prior art and no criticality has been established on the record, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). Benefits of optimizing location include improved image quality. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to optimize the axes relations of Li to have the second annular region is a region with a radius of 70% to 90% in a pupil region of the detection optical system to improve image quality.
Regarding claim 7, the modified Li teaches the microscope system according to claim 6 (see above), wherein some of the first regions are located within a third annular region, and the third annular region is a region with a radius in a pupil region of the detection optical system (Fig. 2 shows the first annular region. Li further teaches LED changing the LED illumination pattern, [page 4696], Fig. 6 shows the pupil region of the detection optical system). Li does teach the third annular region is a region with a radius of 50% to 70% in a pupil region of the detection optical system, since it has been held that where the general conditions of a claim are disclosed in the prior art and no criticality has been established on the record, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). Benefits of optimizing location include improved image quality. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to optimize the axes relations of Li to have the third annular region is a region with a radius of 50% to 70% in a pupil region of the detection optical system to improve image quality.
Regarding claim 8, the modified Li teaches the microscope system according to claim 4 (see above), wherein some of the first regions are located within a first circular region, and the first circular region is a region closer to a center than the first annular region in a pupil region of the detection optical system (Fig. 6 shows some of the first regions are located within a first circular region, and the first circular region is a region closer to a center than the first annular region in a pupil region of the detection optical system).
Regarding claim 9, the modified Li teaches the microscope system according to claim 8 (see above), wherein some of the first regions are aligned to form a circle within the first circular region (see Fig. 6).
Regarding claim 10, the modified Li teaches the microscope system according to claim 1 (see above), wherein some of the first regions are located within a second circular region, and the second circular region is a region with a radius in a pupil region of the detection optical system (Fig. 6b-c show annular pattern displayed on the LED array and the size objective pupil, first regions are located within a second circular region and the pupil region of the detection optical system). Li does teach the second circular region is a region with a radius of 50% or less in a pupil region of the detection optical system, since it has been held that where the general conditions of a claim are disclosed in the prior art and no criticality has been established on the record, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). Benefits of optimizing location include improved image quality. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to optimize the axes relations of Li to have the second circular region is a region with a radius of 50% or less in a pupil region of the detection optical system to improve image quality.
Regarding claim 11, the modified Li teaches the microscope system according to claim 10 (see above), wherein some of the first regions are aligned to form a circle within the second circular region (see Fig. 6a, annular pattern outer and inner regions)
Regarding claim 12, the modified Li teaches the microscope system according to claim 10 (see above), wherein some of the first regions are located within a fourth annular region, and the fourth annular region is a region with a radius in a pupil region of the detection optical system (Fig. 6 shows annular region with radius above and below the LEDs.). Li does teach the fourth annular region is a region with a radius of 30% or more to 50% in a pupil region of the detection optical system, since it has been held that where the general conditions of a claim are disclosed in the prior art and no criticality has been established on the record, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). Benefits of optimizing location include improved image quality. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to optimize the axes relations of Li to have the third annular region is a region with a radius of 30% or more to 50% in a pupil region of the detection optical system to improve image quality.
Regarding claim 13, the modified Li teaches the microscope system according to claim 12 (see above), wherein some of the first regions are located within a third circular region, and the third circular region is a region with a radius in a pupil region of the detection optical system (Fig. 6 shows annular region with radius above and below the LEDs). Li does teach the third annular region is a region with a radius of 30% or less in a pupil region of the detection optical system, since it has been held that where the general conditions of a claim are disclosed in the prior art and no criticality has been established on the record, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). Benefits of optimizing location include improved image quality. Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to optimize the axes relations of Li to have the third annular region is a region with a radius of 30% or less in a pupil region of the detection optical system to improve image quality.
Regarding claim 14, the modified Li teaches the microscope system according to claim 1 (see above), wherein when the pupil of the detection optical system is divided into four sector shapes with an equal central angle, any of the first regions is located in each of the four sector shapes (Fig. 2a and 6 show, when the pupil of the detection optical system is divided into four sector shapes with an equal central angle, center point of intersection of the first regions is located in each of the four sector shapes).
Regarding claim 15, the modified Li teaches the microscope system according to claim 1 (see above), wherein some of the first regions are paired across a center of the pupil of the detection optical system (see Fig. 6, the first regions are paired across a center of the pupil of the detection optical system).
Regarding claim 16, the modified Li teaches the microscope system according to claim 1 (see above), Fig. 6 shows first regions when the pupil of the detection optical system is divided into four sector shapes.
Li doesn’t explicitly teach wherein each of the first regions satisfies the following Condition (4): PS×10-6<LS -- (4). Li teaches in Figs. 2 and 6, shows LED array, and LS is an area of the first region and PS is an area of a pupil of the detection optical system. However, in view of Figs. 2 and 6, where LS and PS can be found in the figures, it would have been obvious to one of ordinary skill in the art at the time the application was filed to choose to these quantities to satisfy the Condition (4): and modified the microscope system of Li for the predictable advantage of confirming accurate and repeatable performance of imaging the samples and cellular specimens as taught by Li in abstract.
Regarding claim 17, the modified Li teaches the microscope system according to claim 1 (see above), Fig. 6 shows at least one distance among distances between the two adjacent first regions. Li doesn’t explicitly teach at least one distance among distances between the two adjacent first regions satisfy the Condition (2) and the following Condition (5): d<0.5×T (5). Rejection of claim 1 showed two adjacent first regions satisfy the Condition (2). However, in view of Figs. 2 and 6, where T and d are shown in the figures, it would have been obvious to one of ordinary skill in the art at the time the application was filed to chosen to these quantities and modified the microscope system of Li satisfy the Condition (2), for the predictable advantage of confirming accurate and repeatable performance of imaging the samples and cellular specimens as taught by Li in abstract.
Regarding claim 18, the modified Li teaches the microscope system according to claim 1 (see above), further comprising an illumination optical system (Fig. 6, Objective, Tube lens), wherein in a pupil plane of the illumination optical system, the respective light beams of the coherent illuminations are located in second regions different from each other (each LED can provide approximately spatially coherent quasi-monochromatic illuminations, [paragraph 3]; Figs. 2. (a, b); Fig. 6),
Li doesn’t explicitly teach each of the second regions satisfies the following Condition (6), and at least one distance among distances between the two adjacent second regions satisfies the Condition (2) and the following Condition (7): LS′<PS′×10-3 (6); 0.05×T′<d′ (7), where LS′ is an area of the second region (in mm2), PS′ is an area of a pupil of the illumination optical system (in mm2), d′ is a distance between the two adjacent second regions (in mm), and T′ is a diameter of the pupil of the illumination optical system (in mm). However, Li teaches in Fig. 6, a programmable LED array, each LED can provide approximately spatially coherent quasi-monochromatic illuminations, The array is driven dynamically using a LED controller board, with a Field Programmable Gate Array (FPGA) unit, to provide the various illumination patterns, the discrete annular LED illumination pattern matched with objective pupil is displayed on the array, as shown in Fig. 6(b), light beams of the coherent illuminations pass through first regions different from each other (Fig. 6 (a)), and in Fig. 2 shows line profiles of three different types discrete annular illumination patterns, 2D images and line profiles of weak object transfer function WOTF imaginary part for various annular illumination patterns and defocus distances, with four LEDs and 8 LEDs. In view of Figs. 2 and 6, where LS, PS, T and d are shown in the figures, it would have been obvious to one of ordinary skill in the art at the time the application was filed to choose quantities of LS, PS, T and d, which satisfies the above condition and modified the microscope system of Li for the predictable advantage of confirming accurate and repeatable performance of imaging the samples and cellular specimens, as taught by Li in abstract.
Regarding claim 20, the modified Li teaches the microscope system according to claim 1 (see above), wherein the respective light beams of the coherent illuminations are emitted from a plurality of independent regions on a predetermined plane (each LED can provide approximately spatially coherent quasi-monochromatic illuminations, [paragraph 3]), the predetermined plane is a plane orthogonal to an optical axis of the detection optical system and at a position opposite the detection optical system with respect to the sample (see Fig. 6, sample in Fig. 6), a plurality of the incoherent light sources are disposed on the predetermined plane (LED Array; LED lights are typical non-coherent light), and each of the incoherent light sources corresponds to one of the first regions (see Fig. 6).
Regarding claim 21, Li teaches a microscope system (refer to NPL “BIOMEDICAL OPTICS EXPRESS, vol. 8”, Fig 6d, “(d) Photograph of whole imaging system”, page 4700) comprising: an incoherent light source (Fig. 6d, LED Array; LED array produces incoherent light because individual LEDs emit light with random phases and directions); a detection optical system, an illumination optical system (Objective, tube lens, LED array, condenser lens, Fig. 6d); and an imager (camera, Fig. 6d), wherein the incoherent light source is a light source configured to emit light that is temporally not coherent (LED lights are typical non-coherent light), the detection optical system is an optical system configured to form an optical image of a sample (objective and the tube lens), the imager (camera) receives the optical image of the sample formed by the detection optical system, in the sample (Fig. 6, shows sample), a plurality of coherent illuminations are simultaneously performed by light emitted from the incoherent light source (LED lights are typical non-coherent light), the coherent illuminations are illumination by light that is spatially coherent (each LED can provide approximately spatially coherent quasi-monochromatic illuminations, [paragraph 3]), a direction in which the sample is irradiated with a light beam is different for each of the coherent illuminations (see Fig. 6, LED array and the sample. Figure shows sample is irradiated with a light beam is different for each of the coherent illuminations), in a pupil plane of the illumination optical system (see Fig. 6, pupil), the respective light beams of the coherent illuminations are located in second regions different from each other, (Li teaches in Fig. 6, a programmable LED array, each LED can provide approximately spatially coherent quasi-monochromatic illuminations, The array is driven dynamically using a LED controller board, with a Field Programmable Gate Array (FPGA) unit, to provide the various illumination patterns (chapter 3), the discrete annular LED illumination pattern matched with objective pupil is displayed on the array, as shown in Fig. 6(b), light beams of the coherent illuminations pass through first regions different from each other (Fig. 6 (a)), and in Fig. 2 shows line profiles of three different types discrete annular illumination patterns, 2D images and line profiles of weak object transfer function WOTF imaginary part for various annular illumination patterns and defocus distances, with four LEDs and 8 LEDs).
Li doesn’t explicitly teach each of the second regions satisfies the following Condition (6), and at least one distance among distances between the two adjacent second regions satisfies the following Condition (7): LS′<PS′×10−3 (6); 0.05×T′<d′ (7), where LS′ is an area of the second region (in mm2), PS′ is an area of a pupil of the illumination optical system (in mm2), d′ is a distance between the two adjacent second regions (in mm), and T′ is a diameter of the pupil of the illumination optical system (in mm). In view of Figs. 2 and 6, where LS’, PS’, T’ and d’ are shown in the figures and the array is driven dynamically using a LED controller board, with a Field Programmable Gate Array (FPGA) unit, to provide the various illumination patterns (chapter 3), it would have been obvious to one of ordinary skill in the art at the time the application was filed to choose quantities of LS’, PS’, T’ and d’, which satisfies the above condition and modified the microscope system of Li for the predictable advantage of confirming accurate and repeatable performance of imaging the samples and cellular specimens, as taught by Li in abstract.
Regarding claim 22, the modified Li teaches the microscope system according to claim 21 (see above), with the detection optical system includes an objective lens (objective) and an imaging lens (tube lens), the illumination optical system includes a condenser lens (condenser lens, see Fig. 6), the area of the second region (Fig. 6, a programmable LED array, each LED can provide approximately spatially coherent quasi-monochromatic illuminations, The array is driven dynamically using a LED controller board, with a Field Programmable Gate Array (FPGA) unit, to provide the various illumination patterns (chapter 3)). The expression 8 the values of NA and FLcd are not defined. Numerical aperture is used in microscopy to describe the acceptance cone of an objective. The numerical aperture of an optical system such as an objective lens is defined by NA = n Sin [Symbol font/0x71]. where n is the index of refraction of the medium in which the lens is working, and θ is the half-angle of the maximum cone of light that can enter or exit the lens. The modified Li doesn’t explicitly teach the second region is represented by the following Expression (8), and the diameter of the pupil of the illumination optical system is represented by the following Expression (9):
PS′=(FLcd×NA)2×π (8); T′=FLcd×NA (9), where FLcd is a focal length of the condenser lens (in mm), and NA is a numerical aperture of the objective lens. In view of Figs. 2 and 6, where LS’, PS’, T’ and d’ are shown in the figures, it would have been obvious to one of ordinary skill in the art at the time the application was filed to choose quantities of ‘ PS’, T’ and FLcd, which satisfies the above condition and modified the microscope system of Li for the predictable advantage of confirming accurate and repeatable performance of imaging the samples and cellular specimens, as taught by Li in abstract.
Regarding claim 24, the modified Li teaches the microscope system according to claim 21 (see above), wherein the respective light beams of the coherent illuminations are emitted from a plurality of independent regions on a predetermined plane (each LED can provide approximately spatially coherent quasi-monochromatic illuminations, [paragraph 3]), the predetermined plane is a plane orthogonal to an optical axis of the detection optical system and at a position opposite the detection optical system with respect to the sample (see Fig. 6, sample in Fig. 6), a plurality of the incoherent light sources are disposed on the predetermined plane (LED Array; LED lights are typical non-coherent light), and each of the incoherent light sources corresponds to one of the second regions (see Fig. 6). Li teaches in Fig. 6, a programmable LED array, each LED can provide approximately spatially coherent quasi-monochromatic illuminations, The array is driven dynamically using a LED controller board, with a Field Programmable Gate Array (FPGA) unit, to provide the various illumination patterns (chapter 3),.
Claims 19 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. as applied to claim 1, in view of Suzuki (US 2016/0306155).
Regarding claim 19, the modified Li teaches the microscope system according to claim 1 (see above), with light beams of the coherent illuminations (each LED can provide approximately spatially coherent quasi-monochromatic illuminations, [paragraph 3]).
The modified Li doesn’t explicitly teach the microscope system further comprising an aperture member, wherein the respective light beams are emitted from a plurality of independent regions on a predetermined plane, the predetermined plane is a plane orthogonal to an optical axis of the detection optical system and at a position opposite the detection optical system with respect to the sample, the aperture member is disposed on the predetermined plane and includes a plurality of independent transmission regions, the transmission regions each being a region that allows light to pass through, and each of the transmission regions corresponds to one of the first regions.
Li and Suzuki are related as microscope systems.
Suzuki teaches aperture member, wherein the respective light beams of the coherent illuminations are emitted from a plurality of independent regions on a predetermined plane, the predetermined plane is a plane orthogonal to an optical axis of the detection optical system and at a position opposite the detection optical system with respect to the sample, the aperture member is disposed on the predetermined plane and includes a plurality of independent transmission regions, the transmission regions each being a region that allows light to pass through, and each of the transmission regions corresponds to one of the first regions (Fig. 1 shows a diagram showing the configuration of a sample observation device 100 is a microscope, the aperture member 5 with a plane orthogonal to an optical axis. Fig. 15B is showing aperture member having a plurality of transmission parts openings 95a {0259-265], sample 7 is placed on a holding member 6, [0079] and detection plane 11).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified device of Li to include the microscope system further comprising an aperture member, wherein the respective light beams are emitted from a plurality of independent regions on a predetermined plane, the predetermined plane is a plane orthogonal to an optical axis of the detection optical system and at a position opposite the detection optical system with respect to the sample as taught by Suzuki for the predictable advantage of when the sample is colorless and transparent, and has a flat face and an inclined face, then the flat face part in the sample image appears gray, and the inclined face part appears black or white, as taught by Suzuki in [0007].
Regarding claim 23, the modified Li teaches the microscope system according to claim 21 (see above), with light beams of the coherent illuminations (each LED can provide approximately spatially coherent quasi-monochromatic illuminations, [paragraph 3]).
The modified Li doesn’t explicitly teach the microscope system further comprising an aperture member, wherein the respective light beams are emitted from a plurality of independent regions on a predetermined plane, the predetermined plane is a plane orthogonal to an optical axis of the detection optical system and at a position opposite the detection optical system with respect to the sample, the aperture member is disposed on the predetermined plane and includes a plurality of independent transmission regions, the transmission regions each being a region that allows light to pass through, and each of the transmission regions corresponds to one of the second regions.
Li and Suzuki are related as microscope systems.
Suzuki teaches aperture member, wherein the respective light beams of the coherent illuminations are emitted from a plurality of independent regions on a predetermined plane, the predetermined plane is a plane orthogonal to an optical axis of the detection optical system and at a position opposite the detection optical system with respect to the sample, the aperture member is disposed on the predetermined plane and includes a plurality of independent transmission regions, the transmission regions each being a region that allows light to pass through, and each of the transmission regions corresponds to one of the second regions (Fig. 1 shows a diagram showing the configuration of a sample observation device 100 is a microscope, the aperture member 5 with a plane orthogonal to an optical axis. Fig. 15B is showing aperture member having a plurality of transmission parts openings 95a {0259-265], sample 7 is placed on a holding member 6, [0079] and detection plane 11).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified device of Li to include the microscope system further comprising an aperture member, wherein the respective light beams are emitted from a plurality of independent regions on a predetermined plane, the predetermined plane is a plane orthogonal to an optical axis of the detection optical system and at a position opposite the detection optical system with respect to the sample as taught by Suzuki for the predictable advantage of when the sample is colorless and transparent, and has a flat face and an inclined face, then the flat face part in the sample image appears gray, and the inclined face part appears black or white, as taught by Suzuki in [0007].
Allowable Subject Matter
Claim 25 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art failed to show the microscope system further comprising a processor, wherein the processor obtains a wavefront passing through an estimation sample modeling the sample, by feedforward operation for each of the light beams, calculates an intensity distribution at an imaging position of the detection optical system corresponding to the wavefront, for each of the light beams, generates a computational image by summing the intensity distributions of the light beams, and reconstructs the estimation sample by performing an optimization process to reduce a difference between the computational image and a measurement image
Conclusion
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/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872