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 Arguments
In the applicant’s election they argued that claim 5 should be generic and the examiner agrees with the applicant so that claim is not withdrawn and will be addressed below.
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, 2, 5, 9, 10, 13, 14, 19, 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Minolta Co LTD (JP 2004-340733 A) (Minolta).
Regarding Claim 1, Minolta discloses a measuring instrument (figs. 12, 13, 15) for irradiating a biological specimen (S), comprising:
a first light source (51a, fig. 12);
a second light source (51b); and
at least one holographic optical component (52, Paragraph 71);
wherein the first light source, the second light source, and the holographic optical component are positioned relative to one another in such a way that first light from the first light source and second light from the second light source are deflected via the holographic optical component onto a specimen region for irradiation of the specimen. (Paragraph 71)
Regarding Claim 2, Minolta discloses the aforementioned. Further, Minolta discloses wherein the first light and the second light comprise different wavelength spectra (Paragraph 70).
Regarding Claim 5, Minolta discloses the aforementioned. Further, Minolta discloses wherein at least one of the first light source and the second light source is arranged on a surface of a component. This is inherent since the light sources must be mounted on something and a component is a generic term.
Regarding Claim 9, Minolta discloses the aforementioned. Further, Minolta discloses a transparent body arranged such that at least one of the first light and the second light is passed through the transparent body (Paragraph 71). The part of the light not reflected by the HOE (52) are transmitted through to the detectors (53a & 53b) thus meeting this limitation.
Regarding Claim 10, Minolta discloses the aforementioned. Further, Minolta discloses wherein at least one of the first light source and the second light source and the holographic optical component are adjacent the transparent body. This limitation is met by the disclosure. Adjacent is a vague term that can just beam “next to” and since the sources are next to the HOE (52) this is met.
Regarding Claim 21, Minolta discloses the aforementioned. Further, Minolta discloses wherein the at least one holographic optical component includes a first holographic optical component arranged to deflect the at least one of the first light and the second light to the specimen region (Fig. 13, Paragraph 77). The diffractive elements (52a, and 52b) each deflect a specific wavelength to the sample.
Regarding Claim 22, Minolta discloses the aforementioned. Further, Minolta discloses wherein the first holographic optical component comprises a transmission hologram (Paragraphs 71 and 77). The diffractive elements (52a & 52b) transmit the wavelengths they do not deflect thus meeting the limitation.
Regarding Claim 23, Minolta discloses the aforementioned. Further, Minolta discloses wherein the first holographic optical component (52a, fig. 13) comprises a reflection hologram and has a width extending across the transparent body (52b) to deflect incident light towards the center of the first holographic optical component to deflect to the specimen region. The configuration is such that the diffractive elements are laminated on one another (Paragraph 75) and they are both transparent to their own set of wavelengths thus it would meet the first part of the claim in which the first holographic optical component comprises a reflection hologram (Paragraph 71) that has a width extending across the transparent body. Further, as shown in figures 12 & 13 the first hologram deflects light towards its center in order to deflect it to the specimen region thus meeting the second part of the limitation.
Regarding Claim 24, Minolta discloses the aforementioned. Further, Minolta discloses wherein the at least one holographic optical component (52a) includes at least one further holographic optical component (52b) arranged adjacent the transparent body (52a & 52b) to deflect incident light towards the first holographic optical component (Fig. 13). In this case both the elements comprise the transparent body because they are both transparent to certain wavelengths. Further, the wavelength transmitted through the first diffractive element (52a) and reflected by the second diffractive element (52b) meets the second part of the limitation since it deflects the light back through the first diffractive element.
Regarding Claim 13, Minolta discloses a measuring instrument (figs. 12, 13, 15) for irradiating a biological specimen (S), comprising:
a first light source (51a, fig. 12);;
a second light source (51b); and
at least one holographic optical component (52, Paragraph 71),
wherein the first light source, the second light source, and the holographic optical component are positioned relative to one another in such a way that first light from the first light source and second light from the second light source are deflected via the holographic optical component onto a specimen region for irradiation of the specimen (Paragraph 71); and
a measuring device (54) configured to detect light emitted from the specimen (Paragraph 74).
Regarding Claim 19, Minolta discloses the aforementioned. Further, Minolta discloses wherein the measuring device is configured to detect light fluorescent emitted from the specimen (Paragraph 74).
Regarding Claim 14, Minolta discloses a method for irradiating a biological specimen, comprising:
deflecting first light from a first light source (Fig. 12, 51a) and second light (51b) from a second light source via a holographic optical component (52, Paragraph 71) onto a common specimen region (S) for irradiation of the specimen (fig. 12, Paragraph 71). The specimen shown is the common region and the light is shown being reflected from a common spot on the HOE onto it.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12, 18, & 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Minolta.
Regarding Claims 12 & 18, Minolta discloses the aforementioned in the embodiments shown in figs. 12, 13, & 15 but does not explicitly disclose wherein the holographic optical component is configured to collimate or focus diverging light having a spherical wavefront; or wherein the holographic optical component is configured to collimate or focus incident radiation;
However, Minolta in the embodiment shown in fig. 11 discloses wherein the holographic optical component is configured to collimate or focus diverging light having a spherical wavefront (Paragraph 66). Converting light into parallel light is collimating the light;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Minolta of figs. 12, 13, 15 with wherein the holographic optical component is configured to collimate or focus diverging light having a spherical wavefront; or wherein the holographic optical component is configured to collimate or focus incident radiation because that ensures even illumination over the entire sample which provides the best efficiency for gaining an even response from the sample which improves signal to noise ratio of the detection.
Regarding Claim 25, Minolta discloses the aforementioned in the embodiments shown in figs. 12, 13, & 15 but does not explicitly disclose wherein the at least one holographic optical component includes two further holographic optical components arranged adjacent the transparent body, each of the two further holographic optical components arranged opposite a corresponding one of the first light source and the second light source to deflect incident light towards the first holographic optical component;
However, the embodiment shown in fig. 15 discloses three light sources (61a-c) and that the HOE (62) only reflects light of a certain wavelength from each of the sources towards the sample (Paragraph 91). Further, in the embodiment shown in fig. 13 the HOE that deflects only two wavelengths is shown (52) as a laminated structure comprising two diffractive elements (52a & 52b);
Thus, in combination it would be obvious that one could use a laminated structure with three diffractive elements i.e. 52a, 52b, and 52c to achieve the function of Fig. 15 and such a structure would meet the scope of the limitation since 52b and 52c would have to reflect the light back through 52a;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Minolta with wherein the at least one holographic optical component includes two further holographic optical components arranged adjacent the transparent body, each of the two further holographic optical components arranged opposite a corresponding one of the first light source and the second light source to deflect incident light towards the first holographic optical component because this would be functionally equivalent to the structure of fig. 15 and would not have a high degree of sensitivity to change in the angle of the incident light which may be caused by vibration or misalignment.
Claim(s) 4, 15, & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Minolta in view of Hoff et al (PGPub 2004/0066510) (Hoff).
Regarding Claim 4, Minolta discloses the aforementioned but does not explicitly disclose one or more optical elements configured to bundle and/or focus light from the first and second light sources diverted by the holographic optical component;
However, Hoff discloses an apparatus for illuminating a target (Fig. 1) which comprises a lens (60) for focusing light from a diffractive optical element (40) onto a target (Paragraph 36);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Minolta with one or more optical elements configured to bundle and/or focus light from the first and second light sources diverted by the holographic optical component because using optical components such as a lens to focus light onto a sample are commonplace and done to provide the most efficient amount of light to the sample as possible to improve the signal to noise ratio.
Regarding Claims 15 & 20, Minolta discloses the aforementioned but does not explicitly disclose wherein the method is employed in a polymerase chain reaction; and wherein the method is employed in a real-time quantitative polymerase chain reaction;
However, Hoff discloses a fluorescence method employed in a real-time quantitative polymerase chain reaction (Paragraph 84);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Minolta with wherein the method is employed in a polymerase chain reaction; and wherein the method is employed in a real-time quantitative polymerase chain reaction because this allows one to monitor the process of a PCR to ensure that it is working and producing the desired outcome.
Allowable Subject Matter
Claim 26 is 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:
As to Claim 26 the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein said first holographic optical component is disposed between the two further holographic optical components, in combination with the rest of the limitations of the claim. While Minolta renders obvious three optical elements, as discussed in the rejection of claim 25, it does not render obvious the positioning of the first holographic optical component being disposed between the two further holographic optical components, but rather the first optical holographic optical element would be before both holographic optical elements.
Conclusion
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/JONATHON COOK/Examiner, Art Unit 2877 March 6, 2026
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877