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 .
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following claim limitations have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder “unit” coupled with functional language and without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier:
Claim 1 (and dependent claims 2-3):
a sample receiving unit into which particles to be analyzed are injected;
a sample holder on which the sample receiving unit is put;
a light source unit provided with one or more light sources to irradiate light to
the sample receiving unit;
a photographing unit for obtaining consecutive image frames after light
irradiation by the light source unit;
a control unit for controlling the wavelength and brightness of light output from
the light source unit.
The following claim limitations have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because claim recites “means” with functional language and without reciting sufficient structure to achieve the function.
Claim 1 (and dependent claims 2-3):
an analysis means for analyzing individual particles by analyzing image
information obtained through the photographing unit.
The following claim limitations have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because claim recites “step” without reciting acts, material or structure to achieve the function.
Claim 4 (and dependent claims 4-13)
a photographing preparation step (A) of holding a particle sample to be analyzed
on a sample holder and then inputting a photographing option schedule table and an
analysis option schedule table into an input device of a user interface;
a photographing step (B) of calling a light source according to the photo option schedule table and then controlling the photographing time to obtain consecutive
image frames; and
an analysis step (C) of analyzing the characteristics of individual and entire
particles according to the analysis option schedule table from the consecutive image
frames obtained in the photographing step;
the analysis step (C) comprises steps of:
If Applicant asserts that the claim element “unit” is a limitation that does not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, 6th paragraph. If applicant does not wish to have the claim limitation treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, 6th Paragraph applicant may:
(a) Amend the claim to add structure, material or acts that are sufficient to perform the claimed function; or
(b) Present a sufficient showing that the claim limitation recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. For more information, see MPEP § 2181.
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 1-3 are rejected under 35 USC 103 as being unpatentable over of PARK et al. (KR 20190038083).
Regarding claim 1 PARK disclose A particle analysis system comprising (PARK Fig. 1 Abstract and paragraph 0001 disclose device for particle tracking system in a fluid or (gas or liquid) and also paragraphs 0009-0010):
a sample receiving unit into which particles to be analyzed are injected (PARK Fig. 1, (103) sample holder paragraph 0057 and page 3, claim 8 sample holder comprise: a sample receiving portion that receives a particle sample in the internal fluid channel and pump that allow constant pressure or flow rate so that the particle sample can move within fluid channel. In the system of Park pump is obviously injecting particle);
a sample holder on which the sample receiving unit is put (PARK Fig. 1, (103) sample holder paragraph 0057 and page 3, claim 8 sample holder comprise: a sample receiving portion that receives a particle sample in the internal fluid channel and pump that allow constant pressure or flow rate so that the particle sample can move within fluid channel);
a light source unit provided with one or more light sources to irradiate light to the sample receiving unit (PARK Fig. 1, (101) paragraphs 0057 and paragraph 0059 The light source unit (101) includes one or more light sources (110) that irradiate light toward a particle sample);
a photographing unit for obtaining consecutive image frames after light irradiation by the light source unit (PARK Fig. 1 (105), paragraph 0057 photograph unit, paraph 0059 and paragraph 0068 photograph unit obtains image for analyzing characteristic of particle, shooting unit include a camera capable of acquiring continuous image at a speed of 10 frames second and paragraph 0069 control unit is control wavelength and brightness of light to issue command to the photograph unit to acquire image);
a control unit for controlling the wavelength and brightness of light output from the light source unit (PARK Fig. 1 control unit (102) paragraph 0057, paragraph 0068 photograph unit obtains image for analyzing characteristic of particle, shooting unit include a camera capable of acquiring continuous image at a speed of 10 frames second and paragraph 0069 control unit is control wavelength and brightness of light to issue command to the photograph unit to acquire image); and
an analysis means for analyzing individual particles by analyzing image information obtained through the photographing unit (PARK, paragraph 0072 the analysis means collects image information obtained through photographing and analyzes the physical characteristics of individual particles from collected image unit );
wherein the analysis means comprises (PARKS paragraphs 0072-0073 and 0079):
an input device capable of receiving commands of a user (PARK, paragraph 0072 the analysis means collects image information obtained through photographing and analyzes the physical characteristics of individual particles from collected image unit . The analysis means Fig. 1 (106) configure as a computer having input device receiving user’s command, an interface for communicating with camera and control unit (102) and processor performing a predetermined analysis process on the image information);
a user interface for translating a frame-by-frame schedule table including photographing conditions and analysis options intended by the user for each frame of an image to be photographed into a form that is capable of being recognized by other devices (PARK paragraph 0072 The analysis means Fig. 1 (106) configure as a computer having input device receiving user’s command, an interface for communicating with camera and control unit (102) and processor performing a predetermined analysis process on the image information and PARK paragraph 0079 the shooting preparation preferably include process placing particle sampled to be analyzed on a sample holder (103 Fig. 1) creating a light source sequence table including on the calling order of light sources, exposure time, shooting time and sequence repetition cycle and inputting shooting command for full scale optical observation after completing the creation of the light source sequence and also note paragraph 0028);
a memory storing a frame-by-frame schedule table including a photographing option schedule table and an analysis option schedule table (PARK Fig 3 creating a light source sequence table including on the calling order of light sources, exposure time, shooting time and sequence repetition cycle and 0080 Fig. 3 diagram illustrating a list of light sources specified in a light source sequence table. It is obvious that list of light sources specified in a light source sequence table in Fig. 3 in the memory of computer device disclosed in paragraph 0072-0073);
a device interface for communicating with the photographing unit and the control unit; and a processing processor that performs analysis processing on the image information provided from the photographing unit (PARK paragraph 0072 The analysis means Fig. 1 (106) configure as a computer having input device receiving user’s command, an interface for communicating with camera and control unit (102) and processor performing a predetermined analysis process on the image information).
As noted above the PARK system include a user interface for translating a frame-by-frame schedule table including photographing conditions intended by the user for each frame of an image to be photographed into a form that is capable of being recognized by other devices ((PARK paragraph 0072 The analysis means Fig. 1 (106) configure as a computer having input device receiving user’s command, an interface for communicating with camera and control unit (102) and processor performing a predetermined analysis process on the image information and PARK paragraph 0079 the shooting preparation preferably include process placing particle sampled to be analyzed on a sample holder (103 Fig. 1) creating a light source sequence table including on the calling order of light sources, exposure time, shooting time and sequence repetition cycle).
PARK has not explicitly disclose including analysis options intended by the user.
However in PARK paragraph 0074 disclose the image processing unit records the position and brightness of particles in the image information (images) captured under the control unit and trajectory tracking unit links the position of each particle with the position of the particle with other particles captured in the nearby time period using recorded position data of the particles to track the movement trajectories of the particle over time, paragraph 0075 PARK discloses the trajectory analysis unit representative values for each particle from the trajectory data provided by the trajectory tracking unit and classifies and analyze the value of particular brightness according to the wavelength of the light source unit at the time image was captured. The analyzed information is then databased from which user extracts the physical and biochemical values of each individual particle that constitute the desired particle sample. PARK 0095 discloses in the analysis step the image sequence stored in the image buffer is loaded frame by frame in order in which was captured and the muti particle tracking is applied to the image sequence. As for multi particle tracking any known algorithm can be used and also note paragraph 0096 Therefore it would be obvious to include analysis steps and the analyzed information in the form of table and relate it with a light source sequence table including on the calling order of light sources, exposure time, shooting time and sequence repetition cycle disclosed in paragraph 0079 which can be called or retrieve by any user).
Therefore it would have been obvious to one of ordinary skill in the art, before the claimed invention was filed to use interface for translating a frame-by-frame schedule table including photographing conditions and analysis options intended by the user for each frame of an image to be photographed into a form that is capable of being recognized by other devices as shown by PARK because such a process provides automated system for quantitative analysis of characteristics of nanoparticle as stated by PARK in Abstract and paragraph 0001.
Regarding claim 2 PARK disclose an image processing unit for generating raw
observation data by specifying the position and brightness of particles ( PARK Fig. 1 control unit (102) paragraph 0057, paragraph 0068 photograph unit obtains image for analyzing characteristic of particle, shooting unit include a camera capable of acquiring continuous image at a speed of 10 frames second and paragraph 0069 control unit is control wavelength and brightness of light to issue command to the photograph unit to acquire image);
a trajectory tracking unit for tracking the movement trajectory of a particle according to time changes and comparing the tracked movement trajectory of the particle with other particle on the frame photographed through the raw observation data to verify the identity (PARK paragraph 0074 disclose the image processing unit records the position and brightness of particles in the image information (images) captured under the control unit and trajectory tracking unit links the position of each particle with the position of the particle with other particles captured in the nearby time period using recorded position data of the particles to track the movement trajectories of the particle over time, paragraph 0075 PARK discloses the trajectory analysis unit representative values for each particle from the trajectory data provided by the trajectory tracking unit and classifies and analyze the value of particular brightness according to the wavelength of the light source unit at the time image was captured.); and
a trajectory analysis unit for converting representative characteristic values for each particle from the trajectory data provided by the trajectory tracking unit into values having a unit system of a graph, table, or numerical value (paragraph 0075 PARK discloses the trajectory analysis unit representative values for each particle from the trajectory data provided by the trajectory tracking unit and classifies and analyze the value of particular brightness according to the wavelength of the light source unit at the time image was captured).
Regarding claim 2 PARK disclose the photographing unit includes one or more cameras (PARK Fig. 1 paragraph 0057 imaging optical system (104) and a camera).
Allowable Subject Matter
Claims 4-13 are indicated allowable over the prior art of record .
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISHRAT I SHERALI whose telephone number is (571)272-7398. The examiner can normally be reached Monday-Friday 8:00AM -5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Bella can be reached at 571-272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ISHRAT I. SHERALI
Examiner
Art Unit 2667
/ISHRAT I SHERALI/Primary Examiner, Art Unit 2667