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 .
Claim Status
Preliminary amendments have been made, claims 3, 8-9, 12, 14, 19-20, and 22 have been amended. Claims 1-22 are pending.
These claims are subject to a restriction, Species Aa (corresponding to claims 3-4) and Species D (Corresponding to claim 11) have been elected. Claims 6-8 and 10 are the non-elected claims.
Priority
This application claims priority to the filing date of United States Provisional Patent Application Serial No. 63/455,749 filed on March 30, 2023.
Information Disclosure Statement
The IDS filed 08/01/24, 08/01/24, 02/17/26, 03/24/26, 04/22/26, 05/14/26, 06/24/26, 06/24/26, 09/09, 26 have been considered.
Response to Arguments
Applicants’ election with traverse of claim 1-20 in the reply filed on 09/09/26 is acknowledged. The traversal is on the ground(s) that it would not be unduly burdensome to perform search on all the present claims in the application. This is not found persuasive because upon search and application of applicable art, art that read on the generic and elected claims (1-5, 9, and 11-22) could not be used to reject the non-elected claims, with the exception of species C and D. The art found for species D in the 103 combinations could also work for species C, therefore even though claim 10 was not elected it was rejected due to not needing additional search to find applicable art. For claims 6-8 however, additional search to come to applicable art would be needed and therefore would fall under the umbrella of undue burden since different search queries would be required to find applicable art for those claims.
The requirement is still deemed proper and is therefore made FINAL.
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 1-5, 9, 12-13, and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valm et al. (“Multiplexed Spectral Imaging of 120 Different Fluorescent Labels” Hereinafter “Valm”).
Regarding claim 1, Valm teaches a computer-implemented method of visualizing spectral signatures, the method comprising, via a processor:
receiving a visualization request for spectral signatures each corresponding to a signal from a fluorochrome of a plurality of fluorochromes that could be measured by a detector of a plurality of detectors (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination”. If there is a graphic representation of fluorophores, there must have been a request to visualize the spectral signatures of a plurality of fluorochromes that could be measured by a detector of a plurality of detectors (“could be used” is intended use language and is given no weight));
calculating an image value intensity for each spectral signature (Page 6, Fig. 2: “Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination”. These intensities of fluorophores are captured in an image “In order for this matrix to correctly represent the fluorophore spectra in labeled specimens, the samples must be images using the same excitation wavelength combination and excitation power”. (Page 7, Fig. 2)); and
rendering a grid defined by the plurality of fluorochromes on a first axis and the plurality of detectors on a second axis and populated with image values having the calculated intensities to visualize the spectral signatures (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy. In order for this matrix to correctly represent the fluorophore spectra in labeled specimens, the samples must be images using the same excitation wavelength combination and excitation power”. The plurality of fluorochromes can be seen on the X axis and the plurality of detectors can be seen on the y axis (the different excitation wavelengths cause the detectors to be functionally different, as a detector detecting fluorochromes using 400 nm excitation is different than the detector detecting fluorochromes using 700 nm excitation), with the image values having calculated intensities seen in the grid).
Regarding claim 2, Valm teaches the computer-implemented method according to Claim 1, wherein the grid is a heatmap (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. The grid acts as a heat map due to the normalized intensities).
Regarding claim 3, Valm teaches the computer-implemented method according to Claim 1, wherein calculating the image value intensities comprises normalizing the spectral signatures (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. The image values are normalized for representation in the grid).
Regarding claim 4, Valm teaches the computer-implemented method according to Claim 3, wherein calculating the image value intensities comprises normalizing the spectral signatures to a range (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. The image values are normalized to a range of 0 to 1 for representation in the grid).
Regarding claim 5, Valm teaches the computer-implemented method according to Claim 4, wherein calculating the image value intensities comprises normalizing the spectral signatures to a range of [0,1] (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. The image values are normalized to a range of 0 to 1 for representation in the grid).
Regarding claim 9, Valm teaches the computer-implemented method according to Claim 1, further comprising scaling the image value intensities of the populated grid (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. The image intensities are normalized to a range of 0 to 1 for representation in the grid, normalization is a type of scaling).
Regarding claim 12, Valm teaches the computer-implemented method according to Claim 1, wherein the image value intensities are color image value intensities (Page 3, Image acquisition: “Spectral images were acquired”. Spectral images contain colors and the intensity of these images would be color image value intensities).
Regarding claim 13, Valm teaches the computer-implemented method according to Claim 12, wherein the color image value intensities are red-blue-green (RGB) color image value intensities (Page 3, Image acquisition: “Spectral images were acquired”. Spectral images contain colors and the intensity of these images would be color image value intensities, red-blue-green color image values would be among the detected colors in the spectral image).
Regarding claim 20, Valm teaches the computer-implemented method according to Claim 1, further comprising receiving an instrument identifier (Page 6, Fig. 2: The different excitation and emission wavelength are the instrument identifiers and they are received by way of depiction in the Fig. 2 representation).
Regarding claim 21, Valm teaches the computer-implemented method according to Claim 20, wherein the detectors of the plurality are associated with the instrument identifier (Page 6, Fig. 2: The different excitation and emission wavelength are the instrument identifiers, these identifiers are associated with the plurality of detectors).
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 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Valm et al. (“Multiplexed Spectral Imaging of 120 Different Fluorescent Labels” Hereinafter “Valm”) in view of Ashhurst et al. (“Integration, exploration, and analysis of high-dimensional single-cell cytometry data using Spectre” Hereinafter “Ashhurst”).
Regarding claim 10, Valm teaches the computer-implemented method according to Claim 9, wherein scaling the spectral signatures of the populated grid (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. The image intensities are normalized to a range of 0 to 1 for representation in the grid, normalization is a type of scaling).
Valm does not expressly disclose linearly scaling the image value intensities of the population grid.
However, Ashhurst teaches linearly scaling cellular expression data (Page 243, section 3.2: “A key initial step in computational analysis is the transformation of cellular expression data. Biologically meaningful results are most easily interpreted through plotting cellular expression on a logarithmic scale. Because of potentially misleading visual artifacts for signals at the low end of the logarithmic scale, the logicle/bi-exponential scale was developed, where the high end of the scale is logarithmic and the low end of the scale is converted into a linear scale, and the scale then returns to logarithmic at values below the linear component (Supple-mentary Figure 3(A)) [43, 55]”. Their method of displaying data uses both the linear and logarithmic scale for the cellular expression (which is of signal intensity values). If used in combination with Valm, it would result in the image intensity values of the population grid being scaled linearly at certain conditions, therefore the combination of Valm and Ashhurst teaches the claimed limitation).
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify Valm’s fluoroscopy visualization proves to include Ashhurst’s linear scaling of cellular expression values because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify Valm to include Ashhurst’s is expressly provided by Ashhurst, stating that issues with the logarithmic scale can be corrected by using the linear scale at lower values “Because of potentially misleading visual artifacts for signals at the low end of the logarithmic scale, the logicle/bi-exponential scale was developed, where the high end of the scale is logarithmic and the low end of the scale is converted into a linear scale, and the scale then returns to logarithmic at values below the linear component (Supplementary Figure 3(A)) [43, 55]. Critically, this allows for the compression of low-end data points with high spreading error, autofluorescence, or noise into a linear space around zero, which can be tailored for the requirements of each channel” (Page 243, section 3.2). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Valm’s fluoroscopy visualization proves to include Ashhurst’s linear scaling of cellular expression values with the motivation of improving misleading artifacts in data display. The person of ordinary skill in the art would have recognized the benefit of improved data visualization.
Regarding claim 11, Valm teaches the computer-implemented method according to Claim 9, wherein scaling the spectral signatures of the populated grid (Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. The image intensities are normalized to a range of 0 to 1 for representation in the grid, normalization is a type of scaling).
Valm does not expressly disclose logarithmically scaling the image value intensities of the population grid.
However, Ashhurst teaches logarithmically scaling cellular expression data (Page 243, section 3.2: “A key initial step in computational analysis is the transformation of cellular expression data. Biologically meaningful results are most easily interpreted through plotting cellular expression on a logarithmic scale. Because of potentially misleading visual artifacts for signals at the low end of the logarithmic scale, the logicle/bi-exponential scale was developed, where the high end of the scale is logarithmic and the low end of the scale is converted into a linear scale, and the scale then returns to logarithmic at values below the linear component (Supple-mentary Figure 3(A)) [43, 55]”. Their method of displaying data uses both the linear and logarithmic scale for the cellular expression (which is of signal intensity values). If used in combination with Valm, it would result in the image intensity values of the population grid being scaled logarithmically at certain conditions, therefore the combination of Valm and Ashhurst teaches the claimed limitation).
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify Valm’s fluoroscopy visualization proves to include Ashhurst’s logarithmic scaling of cellular expression values because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify Valm to include Ashhurst’s is expressly provided by Ashhurst, stating that biologically meaningful results are most easily interpreted through the logarithmic scale “Biologically meaningful results are most
easily interpreted through plotting cellular expression on a logarithmic scale” (Page 243, section 3.2). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Valm’s fluoroscopy visualization proves to include Ashhurst’s logarithmic scaling of cellular expression values with the motivation of improving how easily data can be interpreted. The person of ordinary skill in the art would have recognized the benefit of more easily interpretable data.
Claims 14-15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Valm et al. (“Multiplexed Spectral Imaging of 120 Different Fluorescent Labels” Hereinafter “Valm”) in view of SAI et al. (US 20130042180 A1 Hereinafter “SAI”).
Regarding claim 14, Valm teaches the computer-implemented method according to Claim 1, further comprising (Fig. 2: A single cell is related to a fluorochrome and detector of interest).
Valm does not expressly disclose the ability to select the cell of the grid.
However, SAI teaches an interactable grid that has cells that can be selected for information (Fig. 3: Step 315 shows the step of a user selecting the cell to display information associated with it).
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify Valm’s fluoroscopy heat map grid to include SAI’s ability to interact with the grid cells because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, SAI’s ability to interact with the grid cells permits the ability to interact with cells of the grid to display certain information about the cell to the user which improves overall user accessibility to the data stored in the grid. This known benefit in SAI is applicable to Valm’s fluoroscopy heat map grid as they both share characteristics and capabilities, namely, they are directed to using grids with image data. Therefore, it would have been recognized that modifying Valm’s fluoroscopy heat map grid to include SAI’s ability to interact with the grid cells would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate SAI’s ability to interact with the grid cells in using grids with image data and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
Regarding claim 15, the combination of Valm and SAI teaches the computer-implemented method according to Claim 14, in addition SAI further teaches further comprising outputting the (Fig. 3, [0040]: “At step 320, information associated with a selected cell is retrieved. The center coordinate of the selected cell is mapped onto the map coordinate. The information for the map coordinate can be then retrieved from the storage unit 245. The information associated with map coordinates are accessed from the server 115 when the maps are sourced and stored in the storage unit 245”. Once the cell is selected, information associated with the cell is retrieved. If used for Valm’s grid, the image value intensity would be retrieved, hence the combination of Valm and SAI teaches claim 15).
The rationale for the combination of claim 15 is similar to the combination of claim 14 due to similar methods of combination (using an interactive grid in which cells can be selected to display information) and benefits (user accessibility to data).
Regarding claim 19, the combination of Valm and SAI teaches the computer-implemented method according to Claim 14, SAI further teaches further comprising outputting highlighted cells corresponding to the cell selection (Fig. 4A-4D show highlighted cells for the ones that are selected, they are highlighted by a border that differs from the non-selected cells).
The rationale for the combination of claim 19 is similar to the combination of claim 14 due to similar methods of combination (using an interactive grid in which cells can be selected to display information, the highlighted grid would be part of this interactive grid) and benefits (user accessibility to data).
Claims 16-18 rejected under 35 U.S.C. 103 as being unpatentable over Valm et al. (“Multiplexed Spectral Imaging of 120 Different Fluorescent Labels” Hereinafter “Valm”) in view of SAI et al. (US 20130042180 A1 Hereinafter “SAI”) in further view of Silano et al. (US 20210357580 A1 Hereinafter “Silano”).
Regarding claim 16, the combination of Valm and SAI teaches the computer-implemented method according to Claim 14,
The combination of Valm and SAI does not expressly disclose wherein the cell selection comprises a selection of a plurality of cells.
However, Silano teaches cell selection comprises a selection of a plurality of cells ([0218]: “Referring now to FIG. 8, a zoom window rendered over grid image is illustrated, consistent with the present inventive concepts. In some embodiments, system 10 is configured to allow the user to select one, two, or more cells 311 from grid image 310, cells 311.sub.S shown, and to open a zoom window 3450 to analyze and/or modify the selected cells 311.sub.S. Zoom window 3450 can be rendered over grid image 310 which is displayed on GUI 300, as shown”).
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify the combination of Valm and SAI’s fluoroscopy heat map grid to include Silano’s ability to select multiple grid cells because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, Silano’s ability to select multiple grid cells permits the ability to select multiple grid cells and analyze their content at the same time. This known benefit in Silano is applicable to the combination of Valm and SAI’s fluoroscopy heat map grid as they both share characteristics and capabilities, namely, they are directed to using grids to process data. Therefore, it would have been recognized that modifying the combination of Valm and SAI’s fluoroscopy heat map grid to include Silano’s ability to select multiple grid cells would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate Silano’s ability to select multiple grid cells in using grids to process data and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
Regarding claim 17, the combination of Valm, SAI, and Silano teaches the computer-implemented method according to Claim 16, the combination further teaches wherein the cell selection comprises a row or column associated with a fluorochrome of the plurality (Valm, Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. If Valm is combined with SAI and Silano, Valm would obtain the ability to select cells and analyze them from SAI (SAI, Fig. 3: Step 315 shows the step of a user selecting the cell to display information associated with it), and the ability to select multiple cells from Silano ([0218]: “Referring now to FIG. 8, a zoom window rendered over grid image is illustrated, consistent with the present inventive concepts. In some embodiments, system 10 is configured to allow the user to select one, two, or more cells 311 from grid image 310, cells 311.sub.S shown, and to open a zoom window 3450 to analyze and/or modify the selected cells 311.sub.S. Zoom window 3450 can be rendered over grid image 310 which is displayed on GUI 300, as shown”). This would result in the selected cell comprising a row or column associated with a fluorochrome of the plurality, hence the combination of Valm, SAI, and Silano teaches claim 17).
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify Valm’s fluoroscopy heat map grid to include SAI’s ability to interact with the grid cells because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, SAI’s ability to interact with the grid cells permits the ability to interact with cells of the grid to display certain information about the cell to the user which improves overall user accessibility to the data stored in the grid. This known benefit in SAI is applicable to Valm’s fluoroscopy heat map grid as they both share characteristics and capabilities, namely, they are directed to using grids with image data. Therefore, it would have been recognized that modifying Valm’s fluoroscopy heat map grid to include SAI’s ability to interact with the grid cells would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate SAI’s ability to interact with the grid cells in using grids with image data and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify the combination of Valm and SAI’s fluoroscopy heat map grid to include Silano’s ability to select multiple grid cells because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, Silano’s ability to select multiple grid cells permits the ability to select multiple grid cells and analyze their content at the same time. This known benefit in Silano is applicable to the combination of Valm and SAI’s fluoroscopy heat map grid as they both share characteristics and capabilities, namely, they are directed to using grids to process data. Therefore, it would have been recognized that modifying the combination of Valm and SAI’s fluoroscopy heat map grid to include Silano’s ability to select multiple grid cells would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate Silano’s ability to select multiple grid cells in using grids to process data and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
Regarding claim 18, the combination of Valm, SAI, and Silano teaches the computer-implemented method according to Claim 16, the combination further teaches wherein the cell selection comprises a row or column associated with a detector of the plurality (Valm, Page 6, Fig. 2: “Fig 2. Concatenation of fluorophore emission spectra recorded with multiple excitation wavelengths. Graphic representation of the m × n matrix of fluorophore emission spectra. Each column represents the spectrum of one fluorophore and each row represents the normalized intensities of the fluorophores at a particular excitation / emission wavelength combination. Shade in the boxes of the matrix represents normalized intensity from zero (black) to 1 (white). Intensity values in each column of the matrix were normalized to the maximum value for each fluorophore. The resulting excitation/emission pattern is specific to the combination of excitation wavelengths and excitation energy”. If Valm is combined with SAI and Silano, Valm would obtain the ability to select cells and analyze them from SAI (SAI, Fig. 3: Step 315 shows the step of a user selecting the cell to display information associated with it), and the ability to select multiple cells from Silano ([0218]: “Referring now to FIG. 8, a zoom window rendered over grid image is illustrated, consistent with the present inventive concepts. In some embodiments, system 10 is configured to allow the user to select one, two, or more cells 311 from grid image 310, cells 311.sub.S shown, and to open a zoom window 3450 to analyze and/or modify the selected cells 311.sub.S. Zoom window 3450 can be rendered over grid image 310 which is displayed on GUI 300, as shown”). This would result in the selected cell comprising a row or column associated with a detector of the plurality, hence the combination of Valm, SAI, and Silano teaches claim 18).
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify Valm’s fluoroscopy heat map grid to include SAI’s ability to interact with the grid cells because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, SAI’s ability to interact with the grid cells permits the ability to interact with cells of the grid to display certain information about the cell to the user which improves overall user accessibility to the data stored in the grid. This known benefit in SAI is applicable to Valm’s fluoroscopy heat map grid as they both share characteristics and capabilities, namely, they are directed to using grids with image data. Therefore, it would have been recognized that modifying Valm’s fluoroscopy heat map grid to include SAI’s ability to interact with the grid cells would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate SAI’s ability to interact with the grid cells in using grids with image data and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify the combination of Valm and SAI’s fluoroscopy heat map grid to include Silano’s ability to select multiple grid cells because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, Silano’s ability to select multiple grid cells permits the ability to select multiple grid cells and analyze their content at the same time. This known benefit in Silano is applicable to the combination of Valm and SAI’s fluoroscopy heat map grid as they both share characteristics and capabilities, namely, they are directed to using grids to process data. Therefore, it would have been recognized that modifying the combination of Valm and SAI’s fluoroscopy heat map grid to include Silano’s ability to select multiple grid cells would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate Silano’s ability to select multiple grid cells in using grids to process data and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Valm et al. (“Multiplexed Spectral Imaging of 120 Different Fluorescent Labels” Hereinafter “Valm”) in view of Stack Overflow (“Swap x and y axis without manually swapping values” Hereinafter “Stack Overflow”).
Regarding claim 22, Valm teaches the computer-implemented method according to Claim 1,
Valm does not expressly disclose the first axis being vertical and the second axis being horizontal, Valm actually teaches the first axis being horizontal and the second being vertical.
However, Stack Overflow teaches axis can be switched if the data wants to be viewed differently (Page 1 discusses an individual asking a question on how one could swap axis for a grid, due to him wanting the data viewed in reverse. The Top answer shows a method for performing this).
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify Valm’s fluoroscopy heat map grid to include Stack Overflow’s ability to switch the axis of data in a grid because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, Stack Overflow’s ability to switch the axis of data in a grid permits the ability to swap the vertical and horizontal axis of a grid when a viewer wants the data displayed in another way, which improves overall viewing experience to a user viewing and creating a grid. This known benefit in Stack Overflow is applicable to Valm’s fluoroscopy heat map grid as they both share characteristics and capabilities, namely, they are directed to using grids to display data. Therefore, it would have been recognized that modifying Valm’s fluoroscopy heat map grid to include Stack Overflow’s ability to switch the axis of data in a grid would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate Stack Overflow’s ability to switch the axis of data in a grid in using grids to display data and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mage et al. (US 20230243735 A1) teaches a method for identifying a fluorochrome panel.
Park et al. (US 20240337581 A1) teaches method of fluoroscopy cytometry analysis.
Yang et al. (US 20250053693 A1) teaches selection of multiple cells of a grid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFANO A DARDANO whose telephone number is (703)756-4543. The examiner can normally be reached Monday - Friday 11:00 - 7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Greg Morse can be reached at (571) 272-3838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEFANO ANTHONY DARDANO/ Examiner, Art Unit 2663
/GREGORY A MORSE/Supervisory Patent Examiner, Art Unit 2698
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