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 .
The following Final Office Action is in response to Applicant’s reply filed on 05/05/2026. Claims 1-16 have been amended. Claims 1-16 are pending and rejected as follows.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, and 8 are rejected under 35 U.S.C. 102(a)(1)\(a)(2) as being anticipated by US 20180292311 A1, Boamfa et al. (hereinafter Boamfa).
Regarding Claim 1, Boamfa disclose a stage insert for a microscope system (Boamfa, [0002] The present invention relates to the field of fluorescence imaging, and in particular to a calibration slide, to a calibration system of a fluorescence microscope, and to a method for calibrating a fluorescence microscope), comprising:
a first region for accommodating a sample holder (Boamfa, [0010] the visibility of the pixel layout of the calibration slide may allow for fast positioning, sample location and visual sample inspection, which make the calibration faster, [0053] The calibration slide 10 comprises a substrate);
a second region comprising a first calibration target for calibrating a first parameter of the microscope system (Boamfa, [0014] According to an example, the calibration slide is further provided with at least one layout selected from the group comprising a monolayer of colored microbeads, a resolution and distortion test target, and a layer of inorganic phosphors, [0067] the metal nanostructures 16 may be arranged periodically along the surface 18 of the substrate 12. For example, in FIG. 1B, the metal nanostructures 16 are arranged in a two-dimensional square lattice. The metal nanostructures 16 may also be arranged differently, e.g. in a two-dimensional hexagonal lattice.); and
a third region comprising a second calibration target for calibrating a second parameter of the microscope system (Boamfa, [0015] the calibration slide comprises two or more different samples or targets. In an example, the calibration slide comprises a pixel layout for producing photo-luminescence and/or fluorescence from plasmonic effects and a monolayer of colored micro-beads. In a further example, the calibration comprises a pixel layout, a monolayer of colored micro-beads, and a resolution and distortion test target).
Regarding Claim 2, Boamfa disclose the stage insert according to claim 1, wherein at least one of the first calibration target or the second calibration target is a calibration standard (Boamfa, [0026] The storage unit is configured to store further predetermined standard calibration data of the at least one layout. The processing unit is configured to compare the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope. The parameter is selected from the group comprising focus quality of the fluorescence microscope and resolution and stitching artifacts).
Regarding Claim 3, Boamfa disclose the stage insert according to claim 1, wherein the first calibration target is assigned to a first calibration technique of the microscope system (Boamfa, [0030] wherein the calibration slide comprises a substrate and a pixel layout comprising a plurality of spaced apart metal nanostructures arranged on a surface of the substrate, wherein the metal nanostructures are arranged to produce plasmon resonance [0031] b) acquiring fluorescent image data of the fluorescence image as calibration test data; and c) using the calibration test data for calibration purposes of the fluorescence microscope) and the second calibration target is assigned to a second calibration technique of the microscope system (Boamfa, [0033] at least one layout is provided on the surface of the calibration slide, which is selected from the group comprising a monolayer of colored microbeads and a resolution and distortion test target; and [0034] wherein the method further comprises the following steps: d) acquiring image data of the at least one layout as further calibration test data e) providing further predetermined standard calibration data of the at least one layout; and f) comparing the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope).
Regarding Claim 4, Boamfa disclose the stage insert according to claim 1, wherein the first calibration target or the second calibration target comprises at least one of a fluorescent area, a geometric pattern, a rotation-variant structure or a periodical structure (Boamfa, [0067] The metal nanostructures 16 may be arranged periodically along the surface 18 of the substrate 12. For example, in FIG. 1B, the metal nanostructures 16 are arranged in a two-dimensional square lattice. The metal nanostructures 16 may also be arranged differently, e.g. in a two-dimensional hexagonal lattice.).
Regarding Claim 5, Boamfa disclose the stage insert according to claim 1, wherein the second region is arranged adjacent a first side of the first region and the third region is arranged adjacent a second side of the first region (Boamfa, Fig 6, [0015] the calibration comprises a pixel layout, a monolayer of colored micro-beads, and a resolution and distortion test target, [0053] The calibration slide 10 comprises a substrate 12 and a pixel layout 14 with a plurality of spaced apart metal nanostructures 16 arranged on a surface 18 of the substrate 12., [0067] The metal nanostructures 16 may be arranged periodically along the surface 18 of the substrate 12).
Regarding Claim 6, Boamfa disclose the stage insert according to claim 1, further comprising a machine-readable identifier to identify the stage insert (Boamfa, [0088] the pixel layout 14 may represent an IT8 color target with 24 grey fields and 264 color fields in form of pixel sub-layouts 30. The pixel layout 14 may also represent MGH (Massachusetts General Hospital) color target with 8 color fields in form of pixel-layouts 30. Thus, the pixel sub-layouts may also be referred to as color samples).
Regarding Claim 8, Boamfa disclose a microscope system, comprising the stage insert according to claim 1 (Boamfa, [0002] The present invention relates to the field of fluorescence imaging, and in particular to a calibration slide, to a calibration system of a fluorescence microscope, and to a method for calibrating a fluorescence microscope).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7 and 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180292311 A1, Boamfa et al. (hereinafter Boamfa). in view of US 20180210183 A1, Koichiro et al. (hereinafter Koichiro).
Regarding Claim 7, Boamfa in view of Koichiro teaches the stage insert according to claim 1, further comprising a marker for checking a position of the stage insert relative to a stage of the microscope system (Koichiro, [0054] A positioning accuracy management area 3 is arranged in the cover glass area of the standard slide on which a sample and a cover glass are placed. First marks for specifying the Y-axis direction of the slide 1 and its origin position are arranged in the sandwiched area between the label area 2 and the positioning accuracy management area 3 (cover glass area) arrayed in the X direction (slide X-axis direction). In this embodiment, as the first marks, reference marks including a Y-axis mark 4, an origin mark 5, and auxiliary origin mark 6 are arranged).
Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine both Boamfa and Koichiro’s teaching because Koichiro teaches providing positional reference marks on a microscope slide for checking and managing positioning accuracy relative to the microscope stage, and Boamfa teaches a calibration slide used in a microscope system for calibration purposes. A person of ordinary skill in the art would have been motivated to integrate Koichiro’s known positioning markers into Boamfa’s calibration slide in order to facilitate accurate positioning, alignment, and placement during stage insert calibration.
Regarding Claim 9, Boamfa disclose an apparatus for a microscope system (Boamfa, [0024] the calibration system is further provided with a calibration device comprising a storage unit and a processing unit), comprising one or more processors (Boamfa, [0106] The processing unit 62 is configured to compare the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope 42) and one or more storage devices (Boamfa, [0106] The storage unit 60 is configured to store further predetermined standard calibration data of the at least one layout 32, 34), wherein the one or more processors are coupled to the one or more storage device and the one or more processors are configured to (Boamfa, [0026] The storage unit is configured to store further predetermined standard calibration data of the at least one layout. The processing unit is configured to compare the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope):
obtain stage insert information about a stage insert of the microscope system (Boamfa, [0105] the calibration device 58 is integrated with the fluorescence microscope 42. In another example, the calibration device 58 is a computer that receives the calibration test data from the fluorescence microscope 42), the stage insert comprising a first region for accommodating a sample holder (Boamfa, [0010] the visibility of the pixel layout of the calibration slide may allow for fast positioning, sample location and visual sample inspection, which make the calibration faster, [0053] The calibration slide 10 comprises a substrate), a second region comprising a first calibration target for calibrating a first parameter of the microscope system (Boamfa, [0014] According to an example, the calibration slide is further provided with at least one layout selected from the group comprising a monolayer of colored microbeads, a resolution and distortion test target, and a layer of inorganic phosphors, [0067] the metal nanostructures 16 may be arranged periodically along the surface 18 of the substrate 12. For example, in FIG. 1B, the metal nanostructures 16 are arranged in a two-dimensional square lattice. The metal nanostructures 16 may also be arranged differently, e.g. in a two-dimensional hexagonal lattice.), and a third region comprising a second calibration target for calibrating a second parameter of the microscope system (Boamfa, [0015] the calibration slide comprises two or more different samples or targets. In an example, the calibration slide comprises a pixel layout for producing photo-luminescence and/or fluorescence from plasmonic effects and a monolayer of colored micro-beads. In a further example, the calibration comprises a pixel layout, a monolayer of colored micro-beads, and a resolution and distortion test target);
trigger an image acquisition of the calibration region (Boamfa, [0026] at least one layout is provided on the surface of the calibration slide, which is selected from the group comprising a monolayer of colored microbeads and a resolution and distortion test target. The light detector is configured to acquire image data of the at least one layout as further calibration test data); and
control a calibration of the microscope system based on the acquired image (Boamfa, [0024] The intensity correction profile is provided for correcting fluorescence image data of a fluorescent pathological sample obtained with the fluorescence microscope for the at least one fluorescence channel).
Boamfa does not disclose a trigger a movement of the stage insert relative to an objective of the microscope system based on a stored position information of the calibration region so that the calibration region is in the field of view of the microscope system;
However, Koichiro teaches a trigger a movement of the stage insert (Koichiro, [0121] In step S101, the CPU 1301 detects the slide origin 7 of the slide 1 from an image (microscope image) obtained by the digital camera 61. The CPU 1301 then moves the stage so as to match the center of the sensor of the digital camera with the detected slide origin 7. In step S102, the CPU 1301 instructs movement amounts in the X and Y directions and moves the stage) relative to an objective of the microscope system based on a stored position information of the calibration region (Koichiro, [0137] In step S114, the CPU 1301 determines an error based on the actual movement amount of the XYZ stage 55 based on the coordinate value obtained in step S113 and the movement amount instructed in step S102. As described above, the determined error can be used for the correction of the movement amount of the XYZ stage 55 or for position management performance accuracy changing/evaluation of the XYZ stage 55) so that the calibration region is in the field of view of the microscope system (Koichiro, [0114] the origin mark 5 of the slide 1 and the center of the Y-axis mark 4 are decided, and the read coordinates of the XYZ stage 55 (the position coordinate value calculated from an encoder output) are set to an origin (0, 0) of the slide 1. As a result, the origin of the X- and Y-axes of the microscope system 51 is matched with the origin position of the slide 1);
Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine both Boamfa and Koichiro’s teaching because Boamfa teaches a calibration slide and calibration system for a fluorescence microscope, but does not disclose triggering movement of the stage insert based on stored position information so that the calibration region is positioned in the field of view of the microscope system. Koichiro teaches detecting reference/origin marks of a slide and moving the stage based on stored positional information so that the slide is properly positioned and aligned. A person of ordinary skill in the art would have been motivated to combine Boamfa and Koichiro’s teachings because applying Koichiro’s known positioning technique to Boamfa’s calibration slide would allow the calibration region to be accurately positioned in the field of view, thereby improving the accuracy and reliability of the calibration results.
Regarding Claim 10, Boamfa disclose the apparatus according to claim 9, wherein the one or more processors are further configured to:
determine, based on at least one of the system information or the environment information, whether a further calibration of the microscope system is needed (Boamfa, [0123] the acquired further calibration test data and the stored further predetermined standard calibration data are compared for calibrating a parameter of the fluorescence microscope, wherein the parameter is selected from the group comprising focus quality of the fluorescence microscope; and resolution and stitching artifacts); and
control a further calibration of the microscope system based on the determined need (Boamfa, [0107] The calibration of the focus quality of the fluorescence microscope may be based on a measurement of a property of the microbeads images selected from the group comprising intensity, area, density, and distribution. The values of the measured property are then compared to further predetermined standard calibration data, i.e. a known value, for calibrating the fluorescence microscope).
Boamfa does not disclose receive at least one of system information about a change of the microscope system or environment information about an environment of the microscope system;
However, Koichiro teaches receive at least one of system information (Koichiro, [0055] As described above, in a microscope system capable of positioning accuracy management at submicron level, a slide is provided with marks for defining an origin and X- and Y-coordinate axes based on the microscope. The microscope system's side is provided with a stage for a microscope capable of correcting a rotation shift of the slide and an origin position shift and an imaging mechanism) about a change of the microscope system or environment information about an environment of the microscope system (Koichiro, [0111] A positioning accuracy management procedure in the microscope system 51 described above when the XYZ stage 55 operates in the electric mode will be described below. The microscope system 51 is connected to an information processing apparatus 1300 such as a PC (Personal Computer) and operates under the control of the information processing apparatus 1300. In the information processing apparatus 1300, a CPU 1301 controls the operation of the microscope system 51 by executing programs stored in a ROM 1302);
Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine both Boamfa and Koichiro’s teaching because Koichiro teaches receiving system information and controlling stage positioning based on detecting origin marks and coordinate information for improving positioning accuracy. A person of ordinary skill in the art would have been motivated to incorporating such system information and positioning control into Boamfa’s calibration system in order to improve the determination of whether further calibration is needed and improve the overall accuracy of the microscope system.
Regarding Claim 11, Boamfa in view of Koichiro discloses the apparatus according to claim 9, wherein the one or more processors are further configured to:
trigger a first image acquisition of the first calibration target (Boamfa, [0031] b) acquiring fluorescent image data of the fluorescence image as calibration test data);
trigger a second image acquisition of the second calibration target (Boamfa, [0034] d) acquiring image data of the at least one layout as further calibration test data); and
control the calibration of the microscope system based on the acquired first image and the acquired second image (Boamfa, [0107] The calibration of the focus quality of the fluorescence microscope may be based on a measurement of a property of the microbeads images selected from the group comprising intensity, area, density, and distribution. The values of the measured property are then compared to further predetermined standard calibration data, i.e. a known value, for calibrating the fluorescence microscope).
Regarding Claim 12, Boamfa in view of Koichiro discloses the apparatus according to claim 11, wherein the one or more processors are further configured to control the calibration (Boamfa, [0031] c) using the calibration test data for calibration purposes of the fluorescence microscope) so that after the first image acquisition (Boamfa, [0031] b) acquiring fluorescent image data of the fluorescence image as calibration test data) and before the second image acquisition a first calibration technique is performed for the first calibration parameter (Boamfa, [0034] f) comparing the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope) and a second calibration technique is performed for the second calibration parameter after the second image acquisition based on the acquired second image (Boamfa, [0034] wherein the method further comprises the following steps: d) acquiring image data of the at least one layout as further calibration test data).
Regarding Claim 13, Boamfa in view of Koichiro discloses the apparatus according to claim 9, wherein the one or more processors are further configured to control the calibration (Boamfa, [0015] the calibration slide comprises two or more different samples or targets. In an example, the calibration slide comprises a pixel layout for producing photo-luminescence and/or fluorescence from plasmonic effects and a monolayer of colored micro-beads. In a further example, the calibration comprises a pixel layout, a monolayer of colored micro-beads, and a resolution and distortion test target) so that after the first image acquisition and during the second image acquisition a first calibration technique is performed for the first calibration parameter (Boamfa, [0031] b) acquiring fluorescent image data of the fluorescence image as calibration test data; and c) using the calibration test data for calibration purposes of the fluorescence microscope) based on the acquired first image and a second calibration technique is performed for the second calibration parameter after the second image acquisition based on the acquired second image (Boamfa, [0034] d) acquiring image data of the at least one layout as further calibration test data; e) providing further predetermined standard calibration data of the at least one layout; and f) comparing the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope);
Regarding Claim 14, Boamfa discloses the apparatus according to claim 9, wherein
the stage insert (Boamfa, [0053] The calibration slide 10 comprises a substrate 12 and a pixel layout 14 with a plurality of spaced apart metal nanostructures 16 arranged on a surface 18 of the substrate 12) information comprises information about a marker of the stage insert (Boamfa, the calibration slide comprises two or more different samples or targets. In an example, the calibration slide comprises a pixel layout for producing photo-luminescence and/or fluorescence from plasmonic effects and a monolayer of colored micro-beads. In a further example, the calibration comprises a pixel layout, a monolayer of colored micro-beads, and a resolution and distortion test target).
trigger an image acquisition of the marker (Boamfa, [0026] The light detector is configured to acquire image data of the at least one layout as further calibration test data); and
check whether the stage insert is installed correctly into the microscope system based on the acquired image of the marker (Boamfa, [0032] comparing the obtained calibration test data with the predetermined standard calibration data to generate a intensity correction profile; and c3) using the intensity correction profile to calibrate fluorescence image data of a fluorescent pathological sample obtained with the fluorescence microscope).
Boamfa does not disclose a trigger a movement of the stage insert relative to an objective of the microscope system based on a stored position information of the marker so that the marker is in the field of view of the microscope system;
However, Koichiro teaches a trigger a movement of the stage insert (Koichiro, [0121] In step S101, the CPU 1301 detects the slide origin 7 of the slide 1 from an image (microscope image) obtained by the digital camera 61. The CPU 1301 then moves the stage so as to match the center of the sensor of the digital camera with the detected slide origin 7. In step S102, the CPU 1301 instructs movement amounts in the X and Y directions and moves the stage) relative to an objective of the microscope system based on a stored position information of the calibration region (Koichiro, [0137] In step S114, the CPU 1301 determines an error based on the actual movement amount of the XYZ stage 55 based on the coordinate value obtained in step S113 and the movement amount instructed in step S102. As described above, the determined error can be used for the correction of the movement amount of the XYZ stage 55 or for position management performance accuracy changing/evaluation of the XYZ stage 55) so that the calibration region is in the field of view of the microscope system (Koichiro, [0114] the origin mark 5 of the slide 1 and the center of the Y-axis mark 4 are decided, and the read coordinates of the XYZ stage 55 (the position coordinate value calculated from an encoder output) are set to an origin (0, 0) of the slide 1. As a result, the origin of the X- and Y-axes of the microscope system 51 is matched with the origin position of the slide 1);
Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine Boamfa in view of Koichiro to include the additional limitation of claim 14 for the same reasons set forth with respect to claim 9.
Regarding Claim 15, Boamfa discloses a method for a microscope system, comprising:
receiving stage insert information about a stage insert of the microscope system comprising a first region for accommodating a sample holder (Boamfa, [0010] the visibility of the pixel layout of the calibration slide may allow for fast positioning, sample location and visual sample inspection, which make the calibration faster, [0053] The calibration slide 10 comprises a substrate), a second region comprising a first calibration target for calibrating a first parameter of the microscope system (Boamfa, [0014] According to an example, the calibration slide is further provided with at least one layout selected from the group comprising a monolayer of colored microbeads, a resolution and distortion test target, and a layer of inorganic phosphors, [0067] the metal nanostructures 16 may be arranged periodically along the surface 18 of the substrate 12. For example, in FIG. 1B, the metal nanostructures 16 are arranged in a two-dimensional square lattice. The metal nanostructures 16 may also be arranged differently, e.g. in a two-dimensional hexagonal lattice.), and a third region comprising a second calibration target for calibrating a second parameter of the microscope system (Boamfa, [0015] the calibration slide comprises two or more different samples or targets. In an example, the calibration slide comprises a pixel layout for producing photo-luminescence and/or fluorescence from plasmonic effects and a monolayer of colored micro-beads. In a further example, the calibration comprises a pixel layout, a monolayer of colored micro-beads, and a resolution and distortion test target);
triggering an image acquisition of the calibration region (Boamfa, , [0034] wherein the method further comprises the following steps: d) acquiring image data of the at least one layout as further calibration test data; e) providing further predetermined standard calibration data of the at least one layout; and f) comparing the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope, [0106] the light detector 48 is further configured to acquire image data of the at least one layout 38, 40 as further calibration test data. The storage unit 60 is configured to store further predetermined standard calibration data of the at least one layout 32, 34. The processing unit 62 is configured to compare the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope 42); and
controlling a calibration of the microscope system based on the acquired image (Boamfa, [0026] The storage unit is configured to store further predetermined standard calibration data of the at least one layout. The processing unit is configured to compare the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope. The parameter is selected from the group comprising focus quality of the fluorescence microscope and resolution and stitching artifacts).
Boamfa does not disclose triggering a movement of the stage insert relative to an objective of the microscope system based on a stored position information of the calibration region so that the calibration region is in the field of view of the microscope system;
However, Koichiro teaches a trigger a movement of the stage insert (Koichiro, [0121] In step S101, the CPU 1301 detects the slide origin 7 of the slide 1 from an image (microscope image) obtained by the digital camera 61. The CPU 1301 then moves the stage so as to match the center of the sensor of the digital camera with the detected slide origin 7. In step S102, the CPU 1301 instructs movement amounts in the X and Y directions and moves the stage) relative to an objective of the microscope system based on a stored position information of the calibration region (Koichiro, [0137] In step S114, the CPU 1301 determines an error based on the actual movement amount of the XYZ stage 55 based on the coordinate value obtained in step S113 and the movement amount instructed in step S102. As described above, the determined error can be used for the correction of the movement amount of the XYZ stage 55 or for position management performance accuracy changing/evaluation of the XYZ stage 55) so that the calibration region is in the field of view of the microscope system (Koichiro, [0114] the origin mark 5 of the slide 1 and the center of the Y-axis mark 4 are decided, and the read coordinates of the XYZ stage 55 (the position coordinate value calculated from an encoder output) are set to an origin (0, 0) of the slide 1. As a result, the origin of the X- and Y-axes of the microscope system 51 is matched with the origin position of the slide 1);
Before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine Boamfa in view of Koichiro to include the additional limitation of claim 15 for the same reasons set forth with respect to claim 9.
Regarding Claim 16, Boamfa in view of Koichiro discloses a non-transitory, computer-readable medium comprising a program code that, when the program code is executed on a processor, a computer, or a programmable hardware component, causes the processor, computer, or programmable hardware component to perform the method of claim 15 (Boamfa, [0026] According to an example, in addition to the pixel layout, at least one layout is provided on the surface of the calibration slide, which is selected from the group comprising a monolayer of colored microbeads and a resolution and distortion test target. The light detector is configured to acquire image data of the at least one layout as further calibration test data. The storage unit is configured to store further predetermined standard calibration data of the at least one layout. The processing unit is configured to compare the acquired further calibration test data and the stored further predetermined standard calibration data for calibrating a parameter of the fluorescence microscope. The parameter is selected from the group comprising focus quality of the fluorescence microscope and resolution and stitching artifacts).
Response to Arguments
35 USC§ 103
Applicant’s arguments with respect to Claims 1-6, and 8 of the 35 U.S.C. 102 Rejection and with respect to Claims 7, and 9-16 have been considered but are not persuasive. Applicant argues that Boamfa does not disclose a stage insert having a first region for accommodating a sample holder together with separate calibration regions, and further argues that Boamfa’s calibration slide is used instead of a sample slide. However, the claims do not require the first region to be a separate independent receptacle or require that the sample remain in place during calibration.
Boamfa teaches a calibration slide having a substrate with different areas and multiple calibration targets provided on the same slide. Boamfa further teaches sample location and visual sample inspection using the calibration slide. Therefore, the portion of the slide used for sample location reasonably corresponds to the claimed first regions, while the different calibration targets provided on the slide correspond to the second and third regions for calibrating different microscope parameters. The claim does not require any particular shape, size, spacing, or physical separation between the three regions beyond the limitations expressly recited.
Applicant further argues that Koichiro does not disclose the claimed three region arrangement. This argument is not persuasive because Koichiro is not relied upon for teaching the three region arrangement. Boamfa is relied upon for the stage insert and calibration region while Koichiro is relied upon for the additional positioning and movement limitations, including detecting reference or origin information and moving the microscope stage based on position information so that the desired region is properly positioned in the field of view.
Regarding amended claim 9 and 15, the newly added stage insert limitations correspond to the limitations already recited in claim 1. Therefore, the same mapping and reasoning discussed above with respect to claim 1 applies to the limitations of claim 9 and 15.
Accordingly, Applicant arguments do not overcome the rejections. The cited references, when considered as mapped above, teach or suggest the claimed subject matter and the rejections are maintained. See rejection above for further detail.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20090147355 A1 – Microscope Calibration Apparatus And Method And Stage Including Calibration Apparatus
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM NAGI SHOHATEE whose telephone number is (571)272-6612. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached at (571) 272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IBRAHIM NAGI SHOHATEE/ Examiner, Art Unit 2857
/KYLE R QUIGLEY/Primary Examiner, Art Unit 2857
