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 .
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 10/06/2023 and 5/24/2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Specification
The Abstract of the disclosure is objected to because it uses legalese - i.e. it is an almost verbatim copy of claim 1. Correction is required. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claim 1, 3, and 12-20, the term “additional light source” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. This terms lacks antecedent basis for not providing an initial or primary light source.
Furthermore, it is unclear what establishes an “additional light source”. What makes this light differential from any other light source present? Initially, there is no first light source presently defined. For purposes of compact prosecution, Examiner will interpret any light source disclosed within presented prior as the limitation met and a “light source”.
Dependent claims 2-12 are rejected as dependent upon claim 1.
Dependent claims 14-20 are rejected as dependent upon claim 13.
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.
Claim(s) 1-9, 12-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Czopp (WO 2017132678).
Regarding claim 1, Czopp discloses a microscope device (Fig 1, assembly 10) for observing a sample ([0024], lens assembly may include a focusing lens (such as wide angle, magnification, etc.), filtering, polarization, any image or light adjustments, and any combination thereof), wherein the microscope device (10) and the sample are located on an optical route (Fig 1, [0024], frames and housings may therefore mate in any configuration between interior and matching exterior surfaces), the microscope device (10) comprising: an objective lens unit (40); an additional light source set comprising a circuit substrate ([0041], camera device may comprise a phone or table, control for the lighting source, a lighting source switch), a battery ([0027], battery compartment) and a light-emitting unit (90), wherein the circuit substrate has a power source portion and a light source portion electrically connected to the power source portion ([0041], camera device may comprise a phone or table, control for the lighting source, a lighting source switch), a connecting member (100) is arranged at one side of the power source portion (Fig 14, Fig 15, [0031], first arm 110, second arm 120, can clip onto a mobile device), the battery is arranged at another side of the power source portion opposite to the connecting member ([0020], receptacle defined by an opening within the interior space of the housing body may be arranged to receive a battery), the light-emitting unit (90) is arranged on the light source portion (Fig 5, [0027]), and a distance between the light-emitting unit and a center axis of the optical route is greater than a radius of the objective lens unit (Fig 10 shows the radius of housing body recession 25 is greater than the radius of lens frame 45); and a cover body annularly arranged around the optical route (Fig 1, [0027], assembly 10 has a housing body front side 20, and lighting source 90 disposed around the second lens 50), wherein the light source portion is located at an outer periphery of the cover body ([0046], lens and light assembly may comprise a plurality of lights, wherein the plurality of lights is disposed about the second lens on the front side of the housing body) so that the light-emitting unit is arranged at the outer periphery of the cover body (Fig 13 shows border portion 60 adjacent to and surrounding 90 and each lens within assembly 10), a height of the cover body defines a distance between the objective lens unit and the sample (Fig 8, [0029], lens 40 may also comprise one or more wings 47 to facilitate attachment and detachment to the housing body), and one end of the cover body facing toward the sample is configured with an opening (Fig 8 shows lens frame 45 to have an opening for lens 40); wherein, the battery activates the light-emitting unit to generate a light beam ([0050], a battery located within a housing body receptacle and operatively coupled to the lighting source controller), and the light beam irradiates toward the center axis of the optical route ([0049], lens and light assembly may comprise a receptacle defined by an opening within the interior space of the housing body).
Regarding claim 2, Czopp discloses further comprising: a stationary fixture having a through hole (clip 100), wherein the objective lens unit is fixed in the through hole (Fig 14, Fig 15, [0031], clip onto a mobile device to permit photography).
Regarding claim 3, Czopp discloses wherein the connecting member (100) of the additional light source set is connected to the cover body or the stationary fixture by magnetics, clipping (Fig 14, Fig 15, [0031], clip onto a mobile device to permit photography), or engaging.
Regarding claim 4, Czopp discloses further comprising: a cap body configured to cap the opening of the cover body, wherein the sample is disposed at one side of the cap body ([0054], housing may comprise a back cover of the mobile phone; housing may comprise a case of the mobile phone).
Regarding claim 5, Czopp discloses wherein the light source portion of the circuit substrate has an orc shape or an annular shape ([0045], lighting source may comprise a circular array of light), the light source portion with the arc shape or the annular shape is arranged at the outer periphery of the cover body ([0046], plurality of lights is disposed about the second lens on the front side of the housing body), and the light-emitting unit comprises a plurality of light-emitting elements separately disposed at one side of the light source portion ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof).
Regarding claim 6, Czopp discloses wherein the light source portion with the arc shape approaches toward the outer periphery of the outer periphery of the cover body in a lateral direction of the cover body ([0046], plurality of lights is disposed about the second lens on the front side of the housing body), which is perpendicular to an axial direction of the cover body ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof); or wherein the light source portion with the annular shape is telescoped on the outer periphery of the cover body from top of the cover body in a direction parallel to the axial direction of the cover body.
Regarding claim 7, Czopp discloses wherein the light source portion of the circuit substrate has an orc shape or an annular shape ([0046], plurality of lights is disposed about the second lens on the front side of the housing body), the light-emitting unit comprises at least one light-emitting element and at least one light guiding element ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof), the at least one light-emitting element emits the light beam into the at least one light guiding element, and then the at least one light guiding element outputs the light beam ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof).
Regarding claim 8, Czopp discloses wherein the light source portion of the circuit substrate has an orc shape or an annular shape ([0046], plurality of lights is disposed about the second lens on the front side of the housing body), and the light-emitting unit comprises a plurality of light-emitting elements separately disposed on the light source portion ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof).
Regarding claim 9, Czopp discloses wherein the light-emitting elements are divided into multiple groups ([0026], LEDs may alternate or provide a repeating or symmetric pattern of LEDs having different light characteristics), and the multiple groups of the light-emitting elements are turned on/off individually ([0026], light may be selectively controlled as described herein to create a specific light profile by turning on or off or changing the intensity of one or more selected LEDs of the light source).
Regarding claim 12, Czopp discloses wherein the additional light source set further comprises a power switch (switch 65) electrically connected to the battery for controlling the battery to output electric power to activate the light-emitting unit ([0041], lighting source switch, which may comprise more than one setting for changing the lighting source intensity).
Regarding claim 13, Czopp discloses an additional light source set ([0032], light assembly comprising any combination of a lighting source), which is applied to a microscope device for observing a sample ([0024], lens assembly may include a focusing lens (such as wide angle, magnification, etc.), filtering, polarization, any image or light adjustments, and any combination thereof), wherein the microscope device (10) comprises an objective lens unit (40) for observing the sample ([0005], lenses desired for photographing diamonds) and a cover body (Fig 1, [0027], assembly 10 has a housing body front side 20, and lighting source 90 disposed around the second lens 50), and the microscope device and the sample are located on an optical route ([0031], clip onto a mobile device to permit photography), the additional light source set comprising: a circuit substrate having a power source portion and a light source portion electrically connected to the power source portion ([0041], camera device may comprise a phone or table, control for the lighting source, a lighting source switch), wherein a connecting member is arranged at one side of the power source portion ([0020], receptacle defined by an opening within the interior space of the housing body may be arranged to receive a battery), and the light source portion is located at an outer periphery of the cover body ([0046], lens and light assembly may comprise a plurality of lights, wherein the plurality of lights is disposed about the second lens on the front side of the housing body); a battery arranged at another side of the power source portion opposite to the connecting member ([0020], receptacle defined by an opening within the interior space of the housing body may be arranged to receive a battery); and a light-emitting unit arranged on the light source portion ([0046], lens and light assembly may comprise a plurality of lights, wherein the plurality of lights is disposed about the second lens on the front side of the housing body), wherein a distance between the light-emitting unit and a center axis of the optical route is greater than a radius of the objective lens unit (Fig 10 shows the radius of housing body recession 25 is greater than the radius of lens frame 45); wherein, the battery activates the light-emitting unit to generate a light beam ([0050], a battery located within a housing body receptacle and operatively coupled to the lighting source controller), and the light beam irradiates toward the center axis of the optical route ([0049], lens and light assembly may comprise a receptacle defined by an opening within the interior space of the housing body).
Regarding claim 14, Czopp discloses wherein the light source portion of the circuit substrate has an orc shape or an annular shape ([0046], plurality of lights is disposed about the second lens on the front side of the housing body), the light-emitting unit comprises at least one light-emitting element and at least one light guiding element ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof), the at least one light-emitting element emits the light beam into the at least one light guiding element, and then the at least one light guiding element outputs the light beam ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof).
Regarding claim 15, Czopp discloses wherein the light source portion of the circuit substrate has an orc shape or an annular shape ([0045], lighting source may comprise a circular array of light), the light source portion with the arc shape or the annular shape is arranged at the outer periphery of the cover body ([0046], plurality of lights is disposed about the second lens on the front side of the housing body), and the light-emitting unit comprises a plurality of light-emitting elements separately disposed at one side of the light source portion ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof).
Regarding claim 16, Czopp discloses wherein the light source portion with the arc shape approaches toward the outer periphery of the cover body in a lateral direction of the cover body ([0046], plurality of lights is disposed about the second lens on the front side of the housing body), which is perpendicular to an axial direction of the cover body ([0044], lighting source may comprise eight cool surface mounted light emitting diodes, which may be equidistantly spaced around a circumference of the lens assembly, frame, housing, and combinations thereof); or wherein the light source portion with the annular shape is telescoped on the outer periphery of the cover body from top of the cover body in a direction parallel to the axial direction of the cover body.
Regarding claim 17, Czopp discloses wherein the light-emitting elements are divided into multiple groups ([0026], LEDs may alternate or provide a repeating or symmetric pattern of LEDs having different light characteristics), and the multiple groups of the light-emitting elements are turned on/off individually ([0026], light may be selectively controlled as described herein to create a specific light profile by turning on or off or changing the intensity of one or more selected LEDs of the light source).
Regarding claim 20, Czopp discloses wherein the additional light source set further comprising a power switch (switch 65) electrically connected to the battery for controlling the battery to output electric power to activate the light-emitting unit ([0041], lighting source switch, which may comprise more than one setting for changing the lighting source intensity).
Allowable Subject Matter
Claims 10, 11, 18, and 19 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: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to dependent claim 10, the prior art of Czopp taken either singly or in combination with any other prior art fails to suggest such a microscope device including the specific arrangement: “wherein the circuit substrate is configured with a touch-control switch, the touch-control switch is arranged at a periphery of the light source portion, and a total length of the touch-control switch is greater than or equal to 1 cm”. Claim 11 is allowable due to pendency on dependent claim 10.
Specifically, with respect to dependent claim 18, the prior art of Czopp taken either singly or in combination with any other prior art fails to suggest such a microscope device including the specific arrangement: “wherein the circuit substrate is configured with a touch-control switch, the touch-control switch is arranged at a periphery of the light source portion, and a total length of the touch-control switch is greater than or equal to 1 cm”. Claim 19 is allowable due to pendency on dependent claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lin (20170045724) and Lewis (20060215400) are examples of a microscope module and a microscope device that can be portable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/ Primary Examiner, Art Unit 2872