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
The information disclosure statement (IDS) submitted on 11/16/2023, 05/12/2025 and 06/05/2025 has been considered by the examiner.
Preliminary Amendment
Preliminary Amendment that was filed on 11/16/2023 is entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a position of the output beam pattern in relation to a target beam pattern position at the microscopic sample” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 4 and 14, the recitation “at least one actuator-controlled mirror configured for steering the whole output beam pattern” should read “at least one actuator-controlled mirror configured for steering the combination of all output beam patterns as a whole beam pattern” and “the at least one actuator-controlled mirror configured for steering the whole beam pattern based on the difference” should read “the at least one actuator-controlled mirror configured for steering the whole beam pattern based on the difference between the monitored position of the output beam pattern and the target beam pattern position at the microscopic sample” for clarity.
Claims 10 and 20 are objected to because of the following informalities: “target size data” should read “a target size data of the beams” for clarity.
Appropriate correction is required.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hillman (US PUB 20190196172 in related embodiments) in view of GRIER et al. (WO 02093202 A2; herein after “GRIER”).
Hillman and GRIER disclose conveying illumination light onto and/or into a subject (sample/specimen) and receiving image light returning from multiple depths over a surface or within the subject at a single instant. Therefore, they are analogous art.
Regarding claim 1, Hillman teaches a biomedical illumination device (a DRI system 100, FIG. 1, a DRI microscope, FIG. 23A-23D; as shown in FIG. 2C, extending the field of illumination and imaging to a position of a target material such as a biological tissue, para. [0196]), comprising: a plurality of laser light sources (laser sources 122, 124, 2300) configured to provide beams of one or more wavelengths (i.e., multiple light sources having different wavelengths may be used to simultaneously or sequentially illuminate the subject, para. [0207], FIG. 5A-D, also see para. [0158] and [0186]), wherein one or more of the beams are directed towards one or more actuator-controlled mirrors (mirrors 2315, 2316, as shown in FIGS. 23A-D, para. [0288] and [0295]); the one or more actuator-controlled mirrors configured to steer the one or more beams for passing through a beam shaping element (a dichroic beam splitter 2320), wherein for each of the one or more beams (2317, 2318) at least one actuator-controlled mirror (2316) is configured for steering the respective beam automatically according to instructions received from a control device (i.e., an automated redirector 2316 is introduced to selectively displace the illumination beam as indicated by the solid and dotted lines (2317 and 2318, respectively), para. [0295], FIG. 23D … the light redirector including any of mirrors, … the associated actuator may be controlled by a processor, computer, smart controller (e.g., control device), para. [0485]); the beam shaping element configured to output a beam pattern for illumination (2342) of a microscopic sample (2345) based on the steered beams (para. [0288] and [0295], FIGS. 23A & 23D); and the control device configured to: monitor the beams output from the beam shaping element to determine a position of the output beam pattern (2342) in relation to a target beam pattern position (2342’) at the microscopic sample (i.e., the primary illumination source 122 can be modulated in time to create spatial patterns in the illuminated plane within the subject, para. [0160], also see para. [0295] and [0296], FIG. 23D); determine instructions for one or more of the actuator-controlled mirrors to tilt in at least one axis based on a difference between the monitored position of the output beam pattern and the target beam pattern position at the microscopic sample (i.e., tilting the sheet of light at multiple angles in the plane of the sheet so as to cast shadows of same features in the subject in different directions … tilting and capturing for multiple positions or angles of said light sheet relative to the optical axis, para. [0441], [0442], also see para. [0280], [0310], [0466] and [0485]); and transmit the instructions to the one or more actuator-controlled mirrors (i.e., the scanning-de-scanning assembly is configured to control a position of said light-redirecting element over a predefined range in response to a confocal mode control command (instructions) that selectively positions said movable optical element (mirror), para. [0485], also see para. [0475] and [0486]).
Hillman teaches all limitations except for explicit teaching of monitor the beams output from the beam shaping element to determine a position of the output beam pattern in relation to a target beam pattern position at the microscopic sample.
However, in a related field of endeavor GRIER teaches a moving mirror may be added (FIGS. 1D, 1E, 2 and 4) to simultaneously alter the position of all the optical traps as a unit. In some cases, movement of the single transfer lens may also be desirable to alter the position of the given optical trap, Page 4 lines 15-18.
FIGS. 1D and IE show alternative embodiments having a movable mirror 41 for steering the beamlets emanating from the phase patterning optical element as a group prior to overlapping the beamlets at the back aperture of the focusing lens. The movable mirror 15 41 is disposed upstream of the transfer lens L 1 with its center of rotation at area C. The representative beamlet 32 passes from area A on the front surface 13 of the encoded diffractive optical element 12 through the transfer lens Ll and on to area C which reflects it to area B at the back aperture 16. Tilting the movable mirror 41 effects a change of the angle of incidence of the beamlet 32 relative to the mirror41 and can be used to translate 20 the array of optical traps 1002 and 1004.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hillman such that a moving mirror may be added to simultaneously alter the position of all the optical traps as a unit, a movable mirror for steering the beamlets emanating from the phase patterning optical element as a group (output and target beam pattern position), and tilting the movable mirror effects a change of the angle of incidence of the beamlet relative to the mirror and can be used to translate the array of optical traps as taught by GRIER, for the purpose of improving monitoring and control of optical traps by filtering out, or shuttering off, the "noise" caused by scattered, un-diffracted and reflected light within the system.
Regarding claim 11, Hillman teaches a method (para. [0404]), comprising: providing, by a plurality of laser light sources, beams of one or more wavelengths, wherein one or more of the beams are directed towards one or more actuator-controlled mirrors; steering, by the one or more actuator-controlled mirrors, the one or more beams for passing through a beam shaping element, wherein for each of the one or more beams at least one actuator-controlled mirror is configured for steering the respective beam automatically according to instructions received from a control device; outputting, by the beam shaping element, a beam pattern for illumination of a microscopic sample based on the steered beams; monitoring, by the control device, the beams output from the beam shaping element to determine a position of the output beam pattern with respect to a target beam pattern position at the microscopic sample; determining, by the control device, instructions for one or more of the actuator-controlled mirrors to tilt in at least one axis based on a difference between the monitored position of the output beam pattern and the target beam pattern position at the microscopic sample; and transmitting, by the control device, the instructions to the one or more actuator-controlled mirrors (see para. [0158], [0186], [0295], [0485], FIGS. 1, 2C, 23A-23D, and as set forth in claim 1 above).
The claim is interpreted and rejected for the same reasons as set forth in claim 1 above.
Hillman teaches all limitations except for explicit teaching of monitor the beams output from the beam shaping element to determine a position of the output beam pattern in relation to a target beam pattern position at the microscopic sample.
However, in a related field of endeavor GRIER teaches a moving mirror may be added (FIGS. 1D, 1E, 2 and 4) to simultaneously alter the position of all the optical traps as a unit. In some cases, movement of the single transfer lens may also be desirable to alter the position of the given optical trap, Page 4 lines 15-18.
FIGS. 1D and IE show alternative embodiments having a movable mirror 41 for steering the beamlets emanating from the phase patterning optical element as a group prior to overlapping the beamlets at the back aperture of the focusing lens. The movable mirror 15 41 is disposed upstream of the transfer lens L 1 with its center of rotation at area C. The representative beamlet 32 passes from area A on the front surface 13 of the encoded diffractive optical element 12 through the transfer lens Ll and on to area C which reflects it to area B at the back aperture 16. Tilting the movable mirror 41 effects a change of the angle of incidence of the beamlet 32 relative to the mirror41 and can be used to translate 20 the array of optical traps 1002 and 1004.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hillman such that a moving mirror may be added to simultaneously alter the position of all the optical traps as a unit, a movable mirror for steering the beamlets emanating from the phase patterning optical element as a group (output and target beam pattern position), and tilting the movable mirror effects a change of the angle of incidence of the beamlet relative to the mirror and can be used to translate the array of optical traps as taught by GRIER, for the purpose of improving monitoring and control of optical traps by filtering out, or shuttering off, the "noise" caused by scattered, un-diffracted and reflected light within the system.
Regarding claims 2 and 12, Hillman further teaches the actuator-controller mirror comprises a microelectromechanical system, MEMS, mirror (para. [0311]).
Regarding claims 3 and 13, Hillman further teaches the beam shaping component comprises a diffractive optical element, DOE or a refractive optical element, ROE (e.g., a refractive element, a diffractive element, para. [0174] and [0311]).
Regarding claims 4 and 14, Hillman further teaches at least one actuator-controlled mirror configured for steering the whole output beam pattern and positioned at least one of between the beam shaping element and the microscopic sample or between the one or more actuator-controlled mirrors and the beam shaping element; and wherein the control device is further configured to transmit instructions for the at least one actuator-controlled mirror configured for steering the whole beam pattern based on the difference (i.e., as with the FIG. 8A, the control module 150 may combine the sequentially obtained different color images (beam patterns) to form a single multi-color image (whole beam pattern), para. [0236]).
Regarding claims 5 and 15, Hillman further teaches one or more dichroic beam combiners (2320) configured to guide the beams from the actuator-controlled mirrors (2315) to the beam shaping element (e.g., a refractive element, a diffractive element, para. [0311] and [0288], FIG. 23A)
Regarding claims 6 and 16, Hillman further teaches a beam sampler configured to provide a sample of the output beams to the control device for monitoring of the position of the output beam pattern (i.e., a primary imaging optical component 2202 (e.g., a refractive element as sampler) may have an objective lens that can be positioned relative to a subject support 2241 to image the portion of the subject illuminated by the illumination planar beam 2230 (output beam pattern), para. [0285], FIG. 22A or FIG. 22B, also see para. [0310] and [0311]).
Regarding claims 7 and 17, Hillman further teaches the biomedical illumination device has a modular structure (a DRI system 100, as shown in FIG. 1).
Regarding claims 8 and 18, Hillman further teaches the control device is further configured to perform power calibration of the plurality of laser light sources based on the monitored output beams (i.e., The amount of shift may be determined by simulation, estimation from resulting images, and/or calibration using an object, and stored by control module 150, para. [0184]).
Regarding claims 9 and 19, Hillman further teaches the beam shaping element is configured to output at least one of a line pattern, a grid pattern, a circular pattern, or a ring pattern of beams (para. [0303], FIG. 23H).
Regarding claims 10 and 20, Hillman further teaches an actuator-controlled lens system configured for size adjustment of the beam pattern; and wherein the control device is further configured to control the actuators of the lens system based on the monitored output beams and target size data (i.e., the one or more illumination optics and/or components of the beam conditioning module 120 may include an aperture that limits a size of the beam prior to any conditioning of the beam, para. [0158], and additional translation of the detection lenses (actuator-controlled lens) can permit optimal adjustment of the focus of the image (beam pattern size) on the camera, para. [0522], also see para. [0174]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hargis et al. (US PUB 2022/0163786) teaches “a laser illumination system includes one or more lasers, a beam combiner (if multiple lasers are used) configured to direct a combined light beam along a path, a focusing optical element to receive the light beam and focus the received light towards a focus point, a MEMS mirror positioned to receive light from the focusing optical element and output a moving light beam, moving in an angular range ar.sub.1 and at a frequency f1, a collimating element configured to receive the beam output by the MEMS mirror and output a beam that is more collimated than the light received from the MEMS mirror, and a CLA positioned to receive the light beam from the collimating optical element, alter the received light beam, and output a substantially flat-top distribution of light that propagates through an objective lens to a target plane”, see Abstract.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAK CHOUDHURY whose telephone number is (571)272-5247. The examiner can normally be reached on M-F 8AM-5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached on (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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/MUSTAK CHOUDHURY/Primary Examiner, Art Unit 2872
January 14, 2026