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 11/28/2023 and 08/06/2025 has been considered by the examiner.
Claim Objections
Claims 14 and 15 are objected to because of the following informalities:
Claim 14, “an laser incident light” should read “a laser incident light”.
Claim 15, “rotatatable” should be “rotatable”
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, 2, 5-8 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over YAMAZAKI et al. (US PUB 2016/0178880; herein after “Yamazaki”; in related embodiments of first, ninth, tenth and fifteenth as shown in FIGS. 1, 15, 17 and 24).
Regarding claim 1, Yamazaki teaches (a confocal microscope, as shown in FIGS. 1, 17 and 24):
a scanning device (a disk scanning apparatus 30/50/80) for iSCAT confocal microscope observation (a confocal microscope 100/200/400), comprising: a lens for receiving an incident light (a collimated beam by the illumination lens 33, para. [0101]); a spinning disk (34, 82), having pinholes (para. [0067] and [0137], FIGS. 1 and 24 of 1st & 15th Emb.); and a polarization beam splitter (81), between the lens (33) and the spinning disk (82) (as shown in FIG. 24 of 15th Emb.), wherein the lens, the polarization beam splitter and the spinning disk are configured to cause the incident light to be through the lens, the polarization beam splitter and the spinning disk for sample (S) illumination (para. [0105]), wherein the spinning disk and the polarization beam splitter are configured to cause a return iSCAT signal (light reflected (return) on the sample S) to be through the spinning disk to the polarization beam splitter (i.e., a laser beam emitted from the disk scanning apparatus 50 passes through the λ/4 plate 60 twice until light reflected on the sample S enters the disk scanning apparatus 50 again, para. [0105]), wherein the pinholes are configured to spatially filter the return iSCAT signal for confocal-based detection (i.e., confocal microscope detects light from each point on a sample such as a substrate or a biological sample by scanning the sample, so as to obtain an image of the sample, para. [0006] … in the confocal microscope 100, it is possible to scan the sample S to obtain a fluorescent image of the sample S by a position of a slit is changed with the rotation of the spinning disk 34 para. [0047], also see para. [0041] and [0133], FIGS. 1 and 24 of 1st & 15th Emb.), and wherein the polarization beam splitter is configured to direct the return iSCAT signal to a light path for image observation (i.e., the laser beam enters the imaging device 36 (for image observation) passing through the PBS 51 because it enters the PBS 51 as a P-polarized light, para. [0105], Fig. 17 of 10th Emb. also see “a confocal observation apparatus” in para. [0010], [0133] and [0138] of 15th Emb.).
Yamazaki teaches all limitations except for explicit teaching of iSCAT confocal microscope or iSCAT signal.
Yamazaki further teaches in 15th Embodiment, a confocal observation apparatus that includes a scanning apparatus 80, and is a fluorescence microscope that detects a fluorescence from the sample S to obtain an image of the sample S, para. [0133], FIG. 24.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a fluorescence microscope that is similar to an iSCAT confocal microscope detects a fluorescence (e.g., iSCAT signal) from the sample, for the purpose of observing a biological sample with high resolution and provide an excellent sectioning effect.
Regarding claim 7, Yamazaki teaches an iSCAT confocal microscope system (as shown in FIGS. 1, 15, 17 and 24), comprising: a microscope (a confocal microscope 100/200/400); and a scanning device (30/50/80), comprising: a lens (33) for receiving an incident light; a spinning disk (34/82), having pinholes (para. [0006], [0067] and [0137]); and a polarization beam splitter (PBS 51, 81), between the lens and the spinning disk (as shown in FIG. 24), wherein the lens, the polarization beam splitter, the spinning disk and the microscope are configured to cause the incident light to be through the lens, the polarization beam splitter, the spinning disk and the microscope (as shown at least in FIGS. 1, 7 and 24), wherein the microscope, the spinning disk and the polarization beam splitter are configured to cause a return iSCAT signal to be through the microscope and the spinning disk to the polarization beam splitter (i.e., a laser beam emitted from the disk scanning apparatus 50 passes through the λ/4 plate 60 twice until light reflected on the sample S enters the disk scanning apparatus 50 again, para. [0105]), wherein the pinholes are configured to spatially filter the return iSCAT signal for confocal-based detection (i.e., confocal microscope detects light from each point on a sample such as a substrate or a biological sample by scanning the sample, so as to obtain an image of the sample, para. [0006], also see para. [0041] and [0133]), and wherein the polarization beam splitter is configured to direct the return iSCAT signal to a light path for image observation (i.e., the laser beam enters the imaging device 36 (for image observation) passing through the PBS 51 because it enters the PBS 51 as a P-polarized light, para. [0105], also see “a confocal observation apparatus” in para. [0010], [0133] and [0138]).
Yamazaki teaches all limitations except for explicit teaching of iSCAT signal.
Yamazaki further teaches in 15th Embodiment, a confocal observation apparatus that includes a scanning apparatus 80, and is a fluorescence microscope that detects a fluorescence from the sample S to obtain an image of the sample S para. [0133], FIG. 24.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a fluorescence microscope that detects a fluorescence (iSCAT signal) from the sample, for the purpose of observing a biological sample with high resolution and provide an excellent sectioning effect.
Regarding claim 14, Yamazaki teaches a method for iSCAT confocal microscope observation (a confocal microscope 100/200/400), comprising: receiving an laser incident light by a lens (33) (i.e., a laser beam emitted from the disk scanning apparatus 50 passes through the λ/4 plate 60 twice until light reflected on the sample S, para. [0105]), wherein the laser incident light is linearly polarized light (PBS 51 as a P-polarized light, para. [0105]); illuminating pinholes of a spinning disk (34) by the laser incident light to optically project to a sample (S) through an optical microscope (i.e., a laser beam emitted from the disk scanning apparatus 50 passes through the λ/4 plate 60 twice until light reflected on the sample S, para. [0105]); transforming the laser incident light from linearly polarized light into circularly polarized (S-polarized) light before the laser incident light reaches the sample (i.e., a polarization beam splitter (PBS) 51 that is a light separating element separating an S-polarized light and a P-polarized light, para. [0104] and [0105]); transforming a return iSCAT signal from circularly polarized light into linearly polarized light (i.e., a laser beam emitted from the disk scanning apparatus 50 passes through the λ/4 plate 60 twice until light reflected on the sample S enters the disk scanning apparatus 50 again, para. [0105]); spatially filtering the return iSCAT signal for confocal-based detection by the pinholes (i.e., confocal microscope detects light from each point on a sample such as a substrate or a biological sample by scanning the sample, so as to obtain an image of the sample, para. [0006], also see para. [0041] and [0133]); and directing the return iSCAT signal to a light path for image observation (i.e., the laser beam enters the imaging device 36 (for image observation) passing through the PBS 51 because it enters the PBS 51 as a P-polarized light, para. [0105], also see “a confocal observation apparatus” in para. [0010], [0133] and [0138]).
Yamazaki teaches all limitations except for explicit teaching of iSCAT signal.
Yamazaki further teaches in 15th Embodiment, a confocal observation apparatus that includes a scanning apparatus 80, and is a fluorescence microscope that detects a fluorescence from the sample S to obtain an image of the sample S para. [0133], FIG. 24.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a fluorescence microscope that detects a fluorescence (iSCAT signal) from the sample, for the purpose of observing a biological sample with high resolution and provide an excellent sectioning effect.
Regarding claims 2 and 8, Yamazaki according to claims 1 and 7 further teaches the polarization beam splitter (51) is configured to reflect the return iSCAT signal to the light path for the image observation (i.e., confocal microscope detects light from each point on a sample such as a substrate or a biological sample by scanning the sample, so as to obtain an image of the sample, para. [0006], also see para. [0041] and [0133]) and as shown at least in FIG. 17), and the return iSCAT signal is adapted to form an iSCAT confocal image on an image capturing device (i.e., the laser beam enters the imaging device 36 (an image capturing device) passing through the PBS 51 because it enters the PBS 51 as a P-polarized light, para. [0105]).
Regarding claims 5 and 11, Yamazaki according to claims 1 and 7 further teaches the scanning device further comprises a linear polarizer (PBS 51 as a P-polarized light) in the light path for the image observation (para. [104] and [0105).
Regarding claims 6 and 12, Yamazaki according to claims 1 and 7 further teaches the incident light is laser light, the spinning disk is a Nipkow disk and rotatable (para. [0007] and [0067], also see para. [0105], [0135]), and the pinholes are configured to be illuminated by the incident light to optically project to a sample through a microscope (i.e., in the confocal microscope 100, it is possible to scan the sample S to obtain a fluorescent image of the sample S by a position of a slit is changed with the rotation of the spinning disk 34, para. [0047]).
Regarding claims 13 and 17, Yamazaki according to claims 7 and 14 further teaches the microscope is an inverted optical microscope or a transmission confocal microscopy (i.e., a laser beam from the light source 31 is reflected and through which a fluorescence from the sample S is transmitted (a transmission confocal microscopy such as a confocal microscope 100), para. [0043], FIG. 1).
Regarding claim 15, Yamazaki according to claim 14 further teaches the spinning disk is a Nipkow disk and rotatatable (para. [0007] and [0067]), the return iSCAT signal is linearly polarized in the light path for the image observation, and the return iSCAT signal is adapted to form an iSCAT confocal image (i.e., in the confocal microscope 100, it is possible to scan the sample S to obtain a fluorescent image of the sample S by a position of a slit is changed with the rotation of the spinning disk 34, para. [0047]).
Regarding claim 16, Yamazaki according to claim 15 further teaches removing background in the iSCAT confocal image based on the spatial heterogeneity of the background (i.e., the illumination lens and the spatial light modulator are arranged so that a first image of the light source is formed (without spatial heterogeneity of the background), see claim 4).
Regarding claim 18, Yamazaki according to claim 14 further teaches the return iSCAT signal is directed to the light path for the image observation by a polarization beam splitter (PBS 51, Fig. 17).
Regarding claim 19, Yamazaki according to claim 14 further teaches the laser incident light is p-polarized light (para. [0104] and [0105]).
Regarding claim 20, Yamazaki according to claim 14 further teaches the laser incident light and the return iSCAT signal have different linear polarizations (i.e., a polarization beam splitter (PBS) 51 that is a light separating element separating an S-polarized light and a P-polarized light (e.g., different linear polarizations) , para. [0104], also see para. [0140]).
Allowable Subject Matter
Claims 3, 4, 9 and 10 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:
Regarding claim 3 and 9, the prior art does not teach, or renders obvious, regarding the incident light is linearly polarized light before reaching the polarization beam splitter, a quarter-wave plate is configured to transform the incident light from linearly polarized light into circularly polarized light and to transform the return iSCAT signal from circularly polarized light into linearly polarized light, and the polarization beam splitter has a high transmission for the linear polarization of the incident light and a high reflection for the linear polarization of return iSCAT signal.
Claims 4 and 10 depend upon either allowable claim 3 or 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nakata et al. (US PUB 2006/0158721) teaches “a polarizer 11 is disposed after the confocal lens 13 and confocal pinhole 14. As the polarizer 11, a polarized beam splitter (PBS), 1/2 wavelength plate, polarizing rotator, liquid crystal shutter, Pockel cell, and the like may be used as long as the polarizing direction can be detected. Here, with the PBS, the polarized fluorescence can be split into a P polarized light and S polarized light.” Paragraph 0035, Figure 1.
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 23, 2026