DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to a reply filed 2/4/2026.
Notice of Pre-AIA or AIA Status
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/7/2024 complies with the provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statement.
Election/Restrictions
Applicant's election of Species 1 (claims 1-4, 6-7, 13-22, 24-25 and 31-36) in the reply filed on 2/4/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)). Claims 5, 8-12, 23 and 26-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claim Objections
Claim 21 is objected to because of the following informalities:
Regarding claim 21, “The method of claim 18” (line 1) should be “The method of claim 19”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-2,14, 17, 19-20, 32 and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dai et al. (CN113640294, English translation attached).
Regarding claim 1, Dai teaches a microscope (Dai, figs.1-7, paragraph [n0006], “microscopic imaging system”) for imaging regions (Dai, paragraph [0026], “an imaging module is used to capture images of regions of all heights by superimposing”) at multiple focal planes (paragraph [0037],”The position of the zoom element is switched to the position of the corresponding focal plane using the turntable”) of varying depth within a sample (paragraph [n0031] “The zoom element can change the focal plane of the microscopic imaging, thereby detecting different depths of the sample through the zoom element of corresponding thickness”), the microscope comprising:
an image detector (paragraph [n0046] “imaged onto the camera 413”; the camera 413 has been referred to as image detector);
an imaging lens system (Dai, fig.4 has been referred to as the imaging lens system) having one or more lenses (fig.4, lens 412, objective lens 408) disposed in an optical path (see annotated image, Dai, fig.4, optical path) between the sample (410) and the image detector (413);
a rotating disk (409) disposed within the optical path and having multiple windows (see annotated image, Dai, fig.3, zoom elements 100 having multiple windows; paragraph [n0023]” a zoom component 100”) of varying optical thickness (see annotated image, Dai, fig.3, multiple windows of varying optical thickness; paragraph [n0047] “When the turntable rotates to a zoom element. such as a glass plate, of a certain thickness, the digital micromirror array 404 generates a corresponding template to illuminate the sample. The turntable rotates through zoom elements of all thicknesses and selectively illuminates and superimposes signals of different depths to achieve curved surface imaging and make the imaging speed consistent with the camera frame rate”; paragraph [0046] the zoom element, such as the glass plate 409, is placed on the turntable, such as the high-speed rotary stage 411), wherein selection between the multiple windows (see fig.3, paragraph [n0045], “such as zoom element 1, zoom element 2, ..., zoom element n”) by rotation of the disk varies a depth of images provided by the imaging lens system to the image detector (paragraph [n0047] “During imaging, the turntable emits a signal every revolution to drive the camera to start exposure. When the turntable rotates to a zoom element. such as a glass plate, of a certain thickness, the digital micromirror array 404 generates a corresponding template to illuminate the sample. The turntable rotates through zoom elements of all thicknesses and selectively illuminates and superimposes signals of different depths to achieve curved surface imaging and make the imaging speed consistent with the camera frame rate”); and
a rotational position indicator for generating an indication of a rotational position of the disk (see Dai, figs.3-4, paragraph [n0048], described above; and paragraph [n0046], “the zoom element, such as the glass plate 409, is placed on the turntable, such as the high-speed rotary stage 411, and positioned between the objective lens 408 and the sample 410”; paragraph [0017], “A turntable is used to switch the position of the zoom element to the position of the corresponding focal plane; thus it having a rotational position indicator for generating an indication of a rotational position of the disk 409”).
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Regarding claim 2, Dai discloses the invention as described in Claim 1 and Dai further teaches wherein further comprising a control system (fig.2, fig.7, paragraph [n0070] “The integrated modules mentioned above can be implemented in either hardware or software functional modules”) coupled to an output of the image detector and the rotational position indicator that synchronizes image data received from the image detector with the rotational position of the rotating disk to produce a three-dimensional representation of the sample (see paragraph [0037] “The position of the zoom element is switched to the position of the corresponding focal plane using the turntable; [0038] “The first synchronization device receives the timing signal from the signal synchronization component and sends the position encoding signal of the turntable to the acquisition and image processing component”; paragraph [n0016] “After the acquisition timing is completed, the acquisition and image processing component obtains a curved surface image based on the three-dimensional shape distribution of the target and the focal plane signals of all planes”; [n0035] “As shown in Figure 2, the imaging method of this curved surface microscopy imaging system includes the following steps”: [0076] “S201, Obtain the three-dimensional shape distribution of the sample”; [n0036] “S202, Set up planar lighting and detection template”; [n0037] “S203, camera exposure begins”; [n0038] “S204, determine the current zoom element and corresponding focal plane.”; [n0039] “S205, the spatiotemporal illumination modulation component illuminates the imaging area corresponding to the focusing position.”; [n0040] “S206, the probe light modulation component detects the imaging area and acquires the focal plane signals of all planes.”; [n0041] “S207. Determine whether all planes have been acquired. If yes, proceed to step S208; otherwise, proceed to step S204.”; [n0042] “S208, the camera exposure ends, and a curved image is obtained.”; [n0043] “S209, determine whether timing data acquisition is complete. If yes, proceed to step S210; otherwise, proceed to step S203.”; [n0044] “S210, End”).
Regarding claim 14, Dai discloses the invention as described in Claim 1 and Dai further teaches wherein further comprising:
an illumination system (fig.4, laser 401) for providing illumination to the sample (fig.4, sample 410); and
a dichroic splitter (Dai,fig.4, paragraph [0046],dichroic mirror 407) that directs the illumination from the illumination system (the laser 401) to the sample (the 410) through an objective lens (the lens 408) of the one or more lenses of the imaging lens system (fig.4, the system), wherein the dichroic splitter (dichroic splitter 407) couples light returned from the sample (410) through the objective lens (408) through the imaging lens system (in the fig.4) to the image detector (413).
Regarding claim 17, Dai discloses the invention as described in Claim 1 and Dai further teaches wherein the multiple windows of varying optical thickness are arranged out-of-order of the optical thickness to at least partially mechanically balance the rotation of the rotating disk (see annotated image, Dai fig.3, the multiple windows of varying optical thickness are arranged out-of-order of the optical thickness to at least partially mechanically balance the rotation of the rotating disk 404).
Regarding claim 19, Dai teaches a method of imaging regions at multiple focal planes of varying depth within a sample, comprising:
imaging the regions with an imaging lens system having one or more lenses disposed in an optical path between the sample and an image detector;
rotating a disk disposed within the optical path and having multiple windows of varying optical thickness to select between the multiple windows to vary a depth of images provided by the imaging lens system to the image detector;
determining a rotational position of the disk with a rotational position indicator; and
detecting light returning or emanating from the regions with the imaging detector to provide image data (see Dai, this claim recites similar limitations as those in corresponding claim 1 and is rejected based on the same teachings and rationale).
Regarding claim 20, Dai discloses the invention as described in Claim 19 and Dai further teaches wherein further comprising synchronizing the image data with the rotational position of the rotating disk to produce a three-dimensional representation of the sample (see Dai, this claim recites similar limitations as those in corresponding claim 2 and is rejected based on the same teachings and rationale).
Regarding claim 32, Dai discloses the invention as described in Claim 19 and Dai further teaches wherein further comprising:
providing illumination to the sample from an illumination system;
directing the illumination from the illumination system to the sample through an objective lens of the one or more lenses of the imaging lens system with a dichroic splitter; and
coupling light returned from the sample through the objective lens through the imaging lens system to the image detector through the dichroic splitter (see Dai, this claim recites similar limitations as those in corresponding claim 14 and is rejected based on the same teachings and rationale).
Regarding claim 35, Dai discloses the invention as described in Claim 19 and Dai further teaches wherein further comprising at least partially mechanically balancing the rotation of the rotating disk by arranging the multiple windows of varying optical thickness out-of-order of their optical thickness (this claim recites similar limitations as those in corresponding claim 17 and is rejected based on the same teachings and rationale).
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 3-4, 6-7, 21-22 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over by Dai et al. (CN113640294, English translation attached), and further in view of Zhuang et al. (US20170038574).
Regarding claim 3, Dai discloses the invention as described in Claim 1 and Dai further teaches wherein the one or more lenses of the imaging lens system (fig.4) comprises:
an objective lens (fig.4, objective lens 408) that couples light (paragraph [n0046] the laser beam emitted by the laser source, such as laser source 401) returned from the sample (410) through the objective lens (405); and
a tube lens that receives the light from the objective lens and focuses the light on the image detector.
Dai does not explicitly teach wherein a tube lens that receives the light from the objective lens and focuses the light on the image detector.
However, Zhuang teaches the analogous imaging lens system (Zhuang, paragraph [0006], the present invention generally relates to super-resolution imaging and other imaging techniques, including imaging in three dimensions), and further teaches wherein a tube lens (Zhuang, fig.1A, tube lens TL) that receives the light (the laser 20) from the objective lens (the lens OL) and focuses the light on the image detector (the EMCCD 60). (note: Zhuang, paragraph [0127], fig.1 shows the objective lens OL and tube lens TL form an image of the sample .to the EMCCD, Electron Multiplying CCD, camera) (note: Dai teaches in paragraph [n0030], the lens can be various lens elements)
Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens 412 of Dai to have the tube lens as taught by Zhuang for the purpose of determining the position of the emissive entity within the sample based on the image (Zhuang, paragraph [0027]).
Regarding claim 4, Dai in view of Zhuang disclose the invention as described in Claim 3 and Dai further teaches wherein the rotating disk (Dai, fig.4, disk 409) is disposed along the optical path (see annotated image, Dai, fig.4, the optical path) between the sample (410) and the objective lens (408).
Regarding claim 6, Dai in view of Zhuang disclose the invention as described in Claim 3 and Dai further teaches wherein the rotating disk is a first rotating disk (Dai, fig.4, disk 409 has been referred to as a first rotating disk) and further comprising a second rotating disk (see annotated image, Dai, fig.3 and fig.4, disk 404) having multiple windows of varying optical thickness disposed along the optical path ((see annotated image, Dai, fig.3 and fig.4, disk 404 having multiple windows of varying optical thickness disposed along the optical path), wherein selection between the multiple windows of the first disk and the second disk, in combination, by rotation of the first disk and the second disk, varies the depth of the image provided by the imaging lens system to the image detector (paragraph [n0047], During imaging, the turntable emits a signal every revolution to drive the camera to start exposure. When the turntable rotates to a zoom element such as a glass plate 409 of a certain thickness, the digital micromirror array 404 generates a corresponding template to illuminate the sample. The turntable rotates through zoom elements of all thicknesses and selectively illuminates and superimposes signals of different depths to achieve curved surface imaging and make the imaging speed consistent with the camera frame rate).
Regarding claim 7, Dai in view of Zhuang disclose the invention as described in Claim 6 and Dai further teaches wherein the first disk (Dai, fig.4, the disk 409) and the second disk (the 404) are collocated between either the sample and the objective lens or between the tube lens (lens 403 has been referred to as the tube lens; paragraph [n0030], the lens can be various lens elements) and the image detector (fig.4, the 413).
Regarding claim 21, Dai in view of Zhuang disclose the invention as described in Claim 19 and Dai further teaches wherein further comprising:
coupling light returned from the sample through an objective lens of the imaging lens system; and
receiving the light from the objective lens and focusing the light on the image detector with a tube lens (this claim recites similar limitations as those in corresponding claim 3 and is rejected based on the same teachings and rationale).
Regarding claim 22, Dai in view of Zhuang disclose the invention as described in Claim 21 and Dai further teaches wherein further comprising positioning the rotating disk along the optical path between the sample and the objective lens (this claim recites similar limitations as those in corresponding claim 4 and is rejected based on the same teachings and rationale).
Regarding claim 24, Dai in view of Zhuang disclose the invention as described in Claim 21 and Dai further teaches wherein the rotating disk is a first rotating disk, and wherein the method further comprises:
positioning a second rotating disk having multiple windows of varying optical thickness in the optical path; and
selecting between the multiple windows of the first disk and the second disk, in combination, by rotation of the first disk and the second disk, to vary the depth of the image provided by the imaging lens system to the image detector (this claim recites similar limitations as those in corresponding claim 6 and is rejected based on the same teachings and rationale).
Regarding claim 25, Dai in view of Zhuang disclose the invention as described in Claim 19 and Dai further teaches wherein further comprising collocating the first disk and the second disk between either the sample and the objective lens or between the tube lens and the image detector (this claim recites similar limitations as those in corresponding claim 7 and is rejected based on the same teachings and rationale).
Claims 13, 15-16, 31 and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over by Dai et al. (CN113640294, English translation attached), and further in view Kunath-Fandrei (DE102006046111, English translation attached).
Regarding claim 13, Dai discloses the invention as described in Claim 1, Dai does not explicitly teach wherein a rate of selection between the multiple windows by rotation of the disk is 5 Hz or greater.
However, Kunath-Fandrei teaches the analogous microscope (Kunath-Fandrei, paragraph [0010] the microscope is designed so that the focus depth in the sample can be changed, allowing optical sections to be made at different sample depths), and further teaches wherein a rate of selection between the multiple windows (paragraph [0036] Fig. 2 shows a front view of the analyzer 5, in which the polarization direction exhibited by the transmitted excitation radiation AS after passing through the analyzer 5 is schematically indicated by the arrows P1---as the multiple windows) by rotation of the disk is 5 Hz or greater (Kunath-Fandrei, paragraph [0041] The rotational speed of the analyzer 5 is now selected such that for each rotation of the polarization; the rotation frequency of analyzer 5 can be selected to be 5 Hz).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Dai to have rate of disk is 5 Hz as taught by Kunath-Fandrei for the purpose of scanning perpendicular to the longitudinal direction of the linear excitation radiation, an entire image or an optical section of the predetermined sample area at a depth can be quickly acquired (Kunath-Fandrei, paragraph [0040]).
Regarding claim 15, Dai in view of Kunath-Fandrei disclose the invention as described in Claim 13 and Dai further teaches wherein further comprising a control system (Dai, paragraph [n0066]Any process or method described in the flowchart or otherwise herein can be understood as representing a module, segment, or portion of code comprising one or more N executable instructions for implementing custom logic functions or processes,) coupled to an output of the image detector (fig.4, 413) and the rotational position indicator that synchronizes image data received from the image detector (Dai, paragraph [n0042] S208, the camera exposure ends, and a curved image is obtained. [n0043] S209, determine whether timing data acquisition is complete) with the rotational position of the rotating disk to produce a three-dimensional representation of the sample, wherein the illumination system is coupled to the control system and synchronized with the rotational position of the rotating disk (see paragraph [n0016] the timing relationship between the zoom component, the spatiotemporal illumination modulation component, and the probe light modulation component can be determined by the signal synchronization component. The zoom component adjusts the microscopic imaging focal plane to the corresponding focal plane. The spatiotemporal illumination modulation component illuminates the imaging area corresponding to the focal position within the scanning cycle of the zoom component. The probe light modulation component detects the imaging area and collects the focal plane signals of all planes. After the acquisition timing is completed, the acquisition and image processing component obtains a curved surface image based on the three-dimensional shape distribution of the target and the focal plane signals of all planes; thus, in fig.4, teaches the control system coupled to an output of the image detector 413 and the rotational position indicator that synchronizes image data received from the image detector 413 with the rotational position of the rotating disk 409 to produce a three-dimensional representation of the sample, wherein the illumination system 401 is coupled to the control system and synchronized with the rotational position of the rotating disk 409).
Regarding claim 16, Dai in view of Kunath-Fandrei discloses the invention as described in Claim 15 and Dai further teaches wherein the control system modulates an intensity of the illumination system in synchronization (paragraph [0105] The illumination intensity and phase of the light field are modulated at different times using a spatiotemporal light field modulation device) with the rotational position of the rotating disk (Dai, fig.4, disk 409).
Regarding claim 31, Dai in view of Kunath-Fandrei disclose the invention as described in Claim 19 and Dai further teaches wherein a rate of selection between the multiple windows by rotation of the disk is 5 Hz or greater (this claim recites similar limitations as those in corresponding claim 13 and is rejected based on the same teachings and rationale).
Regarding claim 33, Dai in view of Kunath-Fandrei disclose the invention as described in Claim 31 and Dai further teaches wherein further comprising:
synchronizing image data received from the image detector with the rotational position of the rotating disk to produce a three-dimensional representation of the sample; and
synchronizing the illumination system with the rotational position of the rotating disk (this claim recites similar limitations as those in corresponding claim 15 and is rejected based on the same teachings and rationale).
Regarding claim 34, Dai in view of Kunath-Fandrei disclose the invention as described in Claim 33 and Dai further teaches wherein further comprising modulating an intensity of the illumination system in synchronization with the rotational position of the rotating disk (this claim recites similar limitations as those in corresponding claim 16 and is rejected based on the same teachings and rationale).
Claims 18 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over by Dai et al. (CN113640294, English translation attached), and further in view of Chen (CN219179695, English translation attached).
Regarding claim 18, Dai discloses the invention as described in Claim 1, Dai does not explicitly teach wherein the imaging lens system includes a movable lens or a tunable liquid lens to statically adjust the optical length of the optical path between the sample and the image detector to adjust a baseline depth of the image provided by the imaging lens system to the image detector, independent of the variation of the depth provided by the rotating disk.
However, Chen teaches the analogous microscopy(Chen, abstract, the utility model relates to the technical field of microscopes, in particular to a super-depth-of-field microscope), and further teaches wherein the imaging lens system (Chen, fig.1, imaging lens system) includes a movable lens (fig.2, an electric continuous zoom lens body 2) or a tunable liquid lens to statically adjust the optical length of the optical path (paragraph [0024], adjustment, motorized magnification of the microscope---thus, being statically adjust the optical length of the optical path) between the sample (fig.1.sample on stage 7; paragraph [0024] blind-spot-free observation of the sample by tilting the microscope and rotating the motorized platform 7) and the image detector (fig.1, camera 3) to adjust a baseline depth of the image provided by the imaging lens system (paragraph [0024] The system achieves high-quality panoramic depth 2D or 3D images by scanning multiple clear photos from different positions via an electric Z-axis and then processing them at high speed by a computer) to the image detector (fig.1,high-definition camera 3), independent of the variation of the depth (paragraph [0024] The system achieves high-quality panoramic depth 2D or 3D images by scanning multiple clear photos from different positions via an electric Z-axis ) provided by the rotating disk (fig.1, a rotating electric platform 7).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens of Dai to have a movable lens as taught by Chen for the purpose of repeatability accuracy of 3D image spatial measurement can reach 1µm, which is close to the limit of optical microscope measurement (Chen, paragraph [0024]).
Regarding claim 36, Dai in view of Chen disclose the invention as described in Claim 19 and Dai further teaches wherein further comprising statically adjusting the optical length of the optical path between the sample and the image detector to adjust a baseline depth of the image provided by the imaging lens system to the image detector, independent of the variation of the depth provided by the rotating disk with a movable lens or a tunable liquid lens (this claim recites similar limitations as those in corresponding claim 18 and is rejected based on the same teachings and rationale).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872