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 .
Claims status: amended claims:1, 4, 6, 9, 13-15, 17; the rest is unchanged.
Response to Arguments
Applicant’s arguments filed 07/07/2025 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in light of amendments to the claims. The amendments to the claims overcome the previous statutory double patenting rejection, however, the amendments introduce a non-statutory double patenting.
Claim Objections
Claims 5-6, 19-20 are objected to because of the following informalities: the claims contain parentheses. Claims should not contain parentheses. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 7-9, 11-20 of U.S. Patent No. 11,965,831 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of the pending application can be found in claims 1-20 of U.S. Patent No. 11,965,831 B2.
18/643,638 (Present Application)
US 11,965,831 B2
Claim 1
A method for stimulated emission depletion microscopy of a fluorescent species in an object to be imaged, the fluorescent species having a fluorescence excitation wavelength, a fluorescence depletion wavelength and an fluorescence emission wavelength, the method comprising: providing a polarization-maintaining optical fiber; propagating excitation radiation of the fluorescence excitation wavelength in a first mode of the polarization-maintaining optical fiber; propagating depletion radiation of the fluorescence depletion wavelength in one or more peripheral modes of the polarization-maintaining optical fiber, each of the one or more peripheral modes having a minimum of intensity substantially overlapping the central mode of the polarization-maintaining optical fiber, the depletion radiation propagating substantially temporally incoherently in the polarization-maintaining optical fiber; delivering the excitation radiation and the depletion radiation from the polarization- maintaining optical fiber to the object to be imaged, with the excitation radiation forming a spot having an intensity maximum and depletion radiation forming an annular ring about the excitation radiation and substantially overlapping the periphery of the excitation radiation spot without substantially overlapping the intensity maximum of the excitation radiation spot, wherein the excitation radiation causes emission radiation of the fluorescence emission wavelength from the object at the intensity maximum of the excitation radiation spot, and the depletion radiation prevents emission of radiation of the fluorescence emission wavelength in the region of the annular depletion radiation; and determining the intensity of the emission radiation
Claim 1
A method for stimulated emission depletion microscopy of a fluorescent species in an object to be imaged, the fluorescent species having a fluorescence excitation wavelength, a fluorescence depletion wavelength and an fluorescence emission wavelength, the method comprising: providing a polarization-maintaining optical fiber; propagating excitation radiation of the fluorescence excitation wavelength in a central mode of the polarization-maintaining optical fiber; propagating depletion radiation of the fluorescence depletion wavelength in one or more peripheral modes of the polarization-maintaining optical fiber, each of the one or more peripheral modes having a minimum of intensity substantially overlapping the central mode of the polarization-maintaining optical fiber, the depletion radiation propagating substantially temporally incoherently in the polarization-maintaining optical fiber; delivering the excitation radiation and the depletion radiation from the polarization-maintaining optical fiber to the object to be imaged, with the excitation radiation forming a spot having a substantially centrally-disposed intensity maximum and depletion radiation forming an annular ring about the excitation radiation and substantially overlapping the periphery of the excitation radiation spot without substantially overlapping the centrally-disposed intensity maximum of the excitation radiation spot, wherein the excitation radiation causes emission radiation of the fluorescence emission wavelength from the object at the centrally-disposed intensity maximum of the excitation radiation spot, and the depletion radiation prevents emission of radiation of the fluorescence emission wavelength in the region of the annular depletion radiation; and determining the intensity of the emission radiation.
Claim 2
the depletion radiation is propagated in two orthogonal modes of the polarization-maintaining optical fiber.
Claim 2
the depletion radiation is propagated in two orthogonal modes of the polarization-maintaining optical fiber.
Claim 3
the depletion radiation is in the shape of a toroid.
Claim 3
the depletion radiation is in the shape of a toroid.
Claim 4
the depletion radiation is propagated in the polarization-maintaining optical fiber in a plurality of (e.g., two) peripheral modes, wherein the temporal incoherence (vy) between the modes is no more than 0.2
Claim 4
Claim 5
the depletion radiation (i.e., as propagating in the fiber and/or as delivered at the object) has a contrast (i.e., from maximum intensity to minimum intensity at the center) of at least 13 dB.
Claim 5
the depletion radiation, as propagating in the fiber and/or as delivered at the object has a contrast, from maximum intensity to minimum intensity at the center of at least 13 dB.
Claim 6
the depletion radiation and the excitation radiation overlap to provide an effective excitation spot at the object (i.e., having the ability to cause fluorescence of the object) that is substantially smaller than the diffraction limit for the optical system.
Claim 6
the depletion radiation and the excitation radiation overlap to provide an effective excitation spot at the object, having the ability to cause fluorescence of the object that is substantially smaller than the diffraction limit for the optical system.
Claim 7
the effective excitation spot has a diameter of no more than 200 nm.
Claim 7
the effective excitation spot has a diameter of no more than 200 nm.
Claim 8
the fluorescence excitation wavelength is in the range of 400-600 nm or in the range of 900-1050 nm, and the fluorescence depletion wavelength is in the range of 500-700 nm.
Claim 8
the fluorescence excitation wavelength is in the range of 400-600 nm or in the range of 900-1050 nm, and the fluorescence depletion wavelength is in the range of 500-700 nm.
Claim 9
propagating depletion radiation of the fluorescence depletion wavelength comprises providing depletion radiation from a source of depletion radiation and coupling the depletion radiation into the one or more peripheral modes of the fiber, and wherein coupling the depletion radiation into the one or more peripheral modes of the fiber comprises shaping the radiation into a profile having an intensity minimum in a first portion thereof; separating the shaped radiation into two beams having orthogonal polarizations; rotating the intensity profile of first one of the beams by about 90 degrees with respect to the other beam and delaying the first one of the beams with respect to the other beam; recombining the beams; and coupling the recombined beam into the one or more peripheral modes of the fiber.
Claim 9
propagating depletion radiation of the fluorescence depletion wavelength comprises providing depletion radiation from a source of depletion and coupling the depletion radiation into the one or more peripheral modes of the fiber, and wherein coupling the depletion radiation into the one or more peripheral modes of the fiber comprises shaping the radiation into a profile having an intensity minimum in a central portion thereof; separating the shaped radiation into two beams having orthogonal polarizations; rotating the intensity profile of first one of the beams by about 90 degrees with respect to the other beam and delaying the first one of the beams with respect to the other beam; recombining the beams; and coupling the recombined beam into the one or more peripheral modes of the fiber
Claim 10
the peripheral modes of the polarization-maintaining optical fiber are Hermite-Gaussian modes
Claim 10
the peripheral modes of the polarization-maintaining optical fiber in which depletion radiation of the fluorescence depletion wavelength is propagated are Hermite-Gaussian modes.
Claim 11
delivering the excitation radiation and the depletion radiation from the optical fiber to the object to be imaged comprises collimating the output of the fiber and delivering the collimated output of the fiber to the object to be imaged.
Claim 11
delivering the excitation radiation and the depletion radiation from the optical fiber to the object to be imaged comprises collimating the output of the fiber and delivering the collimated output of the fiber to the object to be imaged.
Claim 12
delivering the excitation radiation and the depletion radiation from the optical fiber to the object to be imaged comprises collimating the output of the fiber; using one or more lenses to focus the collimated output onto a GRIN lens; and using the GRIN lens to conduct the radiation to the object.
Claim 12
delivering the excitation radiation and the depletion radiation from the optical fiber to the object to be imaged comprises collimating the output of the fiber; using one or more lenses to focus the collimated output onto a GRIN lens; and using the GRIN lens to conduct the radiation to the object.
Claim 13
the depletion radiation has a dark portion having a -10 dB width at the object that is in the range of 10-150 nm in width.
Claim 13
the depletion radiation has a central dark portion having a −10 dB width at the object that is in the range of 10-150 nm in width.
Claim 14
the intensity maximum of the excitation radiation at the object falls within a dark portion of the depletion radiation at the object.
Claim 14
the intensity maximum of the excitation radiation at the object falls within a central dark portion of the depletion radiation at the object.
Claim 15
An optical system configured to perform the method of claim 1, the optical system comprising: a polarization-maintaining optical fiber having a first mode and one or more peripheral modes each having a minimum of intensity substantially overlapping the first mode of the polarization-maintaining optical fiber; a source of excitation radiation coupled to cause propagation of excitation radiation of the fluorescence excitation wavelength in the first mode of the polarization-maintaining optical fiber; a source of depletion radiation of the depletion wavelength coupled to cause propagation of depletion radiation substantially temporally incoherently in one or more of the peripheral modes of the polarization-maintaining optical fiber; the polarization-maintaining optical fiber being configured to deliver the excitation radiation and the depletion radiation from the optical fiber to the object to be imaged, with the excitation radiation forming a spot having an intensity maximum and depletion radiation forming an annular ring about the excitation radiation and substantially overlapping the periphery of the excitation radiation spot without substantially overlapping intensity maximum of the excitation radiation spot, wherein the excitation radiation causes emission radiation of the fluorescence emission wavelength from the object at the intensity maximum of the spot, and the depletion radiation substantially prevents emission of radiation of the fluorescence emission wavelength in the region of the annular depletion radiation.
Claim 15
An optical system configured to perform the method of claim 1, the optical system comprising: a polarization-maintaining optical fiber having a central mode and one or more peripheral modes each having a minimum of intensity substantially overlapping the central mode of the polarization-maintaining optical fiber; a source of excitation radiation coupled to cause propagation of excitation radiation of the fluorescence excitation wavelength in the central mode of the polarization-maintaining optical fiber; a source of depletion radiation of the depletion wavelength coupled to cause propagation of depletion radiation substantially temporally incoherently in one or more of the peripheral modes of the polarization-maintaining optical fiber; the polarization-maintaining optical fiber being configured to deliver the excitation radiation and the depletion radiation from the optical fiber to the object to be imaged, with the excitation radiation forming a spot having a substantially centrally-disposed intensity maximum and depletion radiation forming an annular ring about the excitation radiation and substantially overlapping the periphery of the excitation radiation spot without substantially overlapping the centrally-disposed intensity maximum of the excitation radiation spot, wherein the excitation radiation causes emission radiation of the fluorescence emission wavelength from the object at the centrally-disposed intensity maximum of the spot, and the depletion radiation substantially prevents emission of radiation of the fluorescence emission wavelength in the region of the annular depletion radiation.
Claim 16
at least one of the Hermite-Gaussian modes has at least one odd-numbered identifier.
Claim 16
at least one of the Hermite-Gaussian modes has at least one odd-numbered identifier
Claim 17
A method for stimulated emission depletion microscopy of a fluorescent species in an object to be imaged, the fluorescent species having a fluorescence excitation wavelength, a fluorescence depletion wavelength and an fluorescence emission wavelength, the method comprising: providing a polarization-maintaining optical fiber; propagating excitation radiation of the fluorescence excitation wavelength in a first mode of the polarization-maintaining optical fiber; propagating depletion radiation of the fluorescence depletion wavelength in one or more peripheral modes of the polarization-maintaining optical fiber, each of the one or more peripheral modes being a Hermite-Gaussian mode having a minimum of intensity substantially overlapping the first mode of the polarization-maintaining optical fiber, the one or more modes including a 1,0 Hermite-Gaussian mode or a 0,1 Hermite-Gaussian mode the depletion radiation propagating substantially temporally incoherently in the polarization-maintaining optical fiber; delivering the excitation radiation and the depletion radiation from the polarization- maintaining optical fiber to the object to be imaged, with the excitation radiation forming a spot having a substantially intensity maximum and depletion radiation forming an annular ring about the excitation radiation and substantially overlapping the periphery of the excitation radiation spot without substantially overlapping the intensity maximum of the excitation radiation spot, wherein the excitation radiation causes emission radiation of the fluorescence emission wavelength from the object at the intensity maximum of the excitation radiation spot, and the depletion radiation prevents emission of radiation of the fluorescence emission wavelength in the region of the annular depletion radiation; and determining the intensity of the emission radiation.
Claim 17
A method for stimulated emission depletion microscopy of a fluorescent species in an object to be imaged, the fluorescent species having a fluorescence excitation wavelength, a fluorescence depletion wavelength and an fluorescence emission wavelength, the method comprising: providing a polarization-maintaining optical fiber; propagating excitation radiation of the fluorescence excitation wavelength in a central mode of the polarization-maintaining optical fiber; propagating depletion radiation of the fluorescence depletion wavelength in one or more peripheral modes of the polarization-maintaining optical fiber, each of the one or more peripheral modes being a Hermite-Gaussian mode having a minimum of intensity substantially overlapping the central mode of the polarization-maintaining optical fiber, the one or more modes including a 1.0 Hermite-Gaussian mode or a 0.1 Hermite-Gaussian mode the depletion radiation propagating substantially temporally incoherently in the polarization-maintaining optical fiber; delivering the excitation radiation and the depletion radiation from the polarization-maintaining optical fiber to the object to be imaged, with the excitation radiation forming a spot having a substantially centrally-disposed intensity maximum and depletion radiation forming an annular ring about the excitation radiation and substantially overlapping the periphery of the excitation radiation spot without substantially overlapping the centrally-disposed intensity maximum of the excitation radiation spot, wherein the excitation radiation causes emission radiation of the fluorescence emission wavelength from the object at the centrally-disposed intensity maximum of the excitation radiation spot, and the depletion radiation prevents emission of radiation of the fluorescence emission wavelength in the region of the annular depletion radiation; and determining the intensity of the emission radiation.
Claim 18
the depletion radiation is propagated in two orthogonal modes of the polarization-maintaining optical fiber.
Claim 18
the depletion radiation is propagated in two orthogonal modes of the polarization-maintaining optical fiber.
Claim 19
the depletion radiation (i.e., as propagating in the fiber and/or as delivered at the object) has a contrast (i.e., from maximum intensity to minimum intensity at the center) of at least 13 dB.
Claim 19
the depletion radiation, as propagating in the fiber and/or as delivered at the object has a contrast, from maximum intensity to minimum intensity at the center of at least 13 dB
Claim 20
the depletion radiation and the excitation radiation overlap to provide an effective excitation spot at the object (i.e., having the ability to cause fluorescence of the object) that is substantially smaller than the diffraction limit for the optical system.
Claim 20
the depletion radiation and the excitation radiation overlap to provide an effective excitation spot at the object, having the ability to cause fluorescence of the object that is substantially smaller than the diffraction limit for the optical system.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAMADOU FAYE whose telephone number is (571)270-0371. The examiner can normally be reached Mon – Fri 9AM-6PM.
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/MAMADOU FAYE/Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884