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 .
DETAILED ACTION
Response to Arguments
1. 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).
2. With respect to applicant’s remarks filed on 09/25/25 regarding rejected claims 1, 3-6, 8, 10, 12, 14-15, 18, 20, page 7-8, the new added limitation “periodic structural features” has been found in reference of Arora et al. (U.S. Pub. No. 2022/0236236), ([0077, 0079, 0115]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel by having periodic structural features in order to analyze the time-dependent traces of elemental isotopes obtained from biological samples for purposes of predictive classification., (Arora, [0115]).
3. Grounds for the rejection of claims are provided below as necessitated by amendment.
Claim Rejections - 35 USC § 103
4. 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 of this title, 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.
5. Claims 1-3, 5-7, 10-11, 13, 15-16, 18-24, are rejected under 35 U.S.C. 103 as being anticipated by Mantel (3d Surface Topography Measurement Using Elastomeric Contact. In: 11th International Symposium NDT in Aerospace, Nov. 2019, Paris-Sacly, France (AeroNDT2019), Vol. 25(2)) in view of Arora et al. (U.S. Pub. No. 2022/0236236). Hereafter “Mantel”, “Arora”. (Please see Applicant’s NPL for reference of Mantel in previous office action).
Regarding Claims 1, 12, 21, 23, Mantel teaches a method for providing of a subject (Abstract, page 1, lines 1-18) comprising:
(a) receiving a sample of the subject (column 1, Abstract, lines 14-18);
(b) mounting the sample into a fixture (page 1, column 2, lines 9-17. Note: material is not different from a sample. Material in contact with the sensor is not different from mounting the sample into a fixture);
(c) contacting the biological sample with a compressible body optically coupled to at least one light source and at least one sensor (Description of the system: page 1, column 2, lines 24-35; The gel cartridge: page 1, column 2, lines 36-41, and page 2, column 1, lines 1-23. Gel is not different from a compressible body), wherein the at least one light source generates a multi-dimensional dataset of the surface of the biological sample detected by the at least one sensor (The illumination and optical components: Page 2, column 1, lines 24-30; Page 2, column 2, lines 1-20);
(d) determining a surface feature of the sample from the multi-dimensional dataset (Reconstruction algorithm: page 2, column 2, lines 21-35; Page 4, Types of Measurements, column 1, lines 40-46; Page 4, columns 1, 2; Page 5, columns 1, 2).
(e) providing a phenotype of a subject (Reconstruction algorithm: page 2, column 2, lines 21-35; Page 4, Types of Measurements, column 1, lines 40-46; Page 4, columns 1, 2; Page 5, columns 1, 2. Note: identifying/measuring scratches, the max and min depths, microfeatures, height profile, are not different from providing a phenotype of a subject).
However, Mantel does not teach periodic structural features and recurrence quantification analysis. Arora teaches periodic structural features and recurrence quantification analysis, ([0077, 0079, 0115]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel by having periodic structural features and recurrence quantification analysis in order to analyze the time-dependent traces of elemental isotopes obtained from biological samples for purposes of predictive classification., (Arora, [0115]).
Regarding Claim 3, Mantel teaches the compressible body comprises a gel cartridge (page 2, column 1, lines 1-23).
Regarding Claim 5, Mantel teaches calibrating the compressible body on standard glass, ball grid array, groove targets, or any combination thereof (page 3, Calibration of the system, column 1, lines 23-35, and column 2).
Regarding Claims 6, 15, Mantel teaches the at least one light source comprises at least one coherent laser, incoherent laser, pulsed laser, light emitting diode, super-luminescent diode, or any combination thereof (page 2, column 1, lines 1-23).
Regarding Claims 10, 18, Mantel teaches the multi-dimensional dataset comprises at least 1 dimension (page 2, column 2, lines 21-35).
Regarding Claim 20, Mantel teaches a system for providing of a subject (Abstract, page 1, lines 1-18), comprising:
(a) a fixture mechanically configured to constrain a three-dimensional position of a sample of the object (page 1, column 1, lines 1-18; Column 2, lines 9-17. Note: material is not different from a sample, and 3D surface imaging is not different from a three-dimensional position);
(b) a compressible body optically coupled to at least one light source and at least one sensor (Description of the system: page 1, column 2, lines 24-35; The gel cartridge: page 1, column 2, lines 36-41, and page 2, column 1, lines 1-23), wherein the at least one light source generates a multi-dimensional dataset of a surface of the biological sample detected by the at least one sensor (The illumination and optical components: page 2, column 1, lines 24-30, and page 2, column 2, lines 1-20); and
(c) a processor electrically coupled to the at least one light source and the at least one sensor, wherein the processor comprises a set of programmed instructions stored on a non-transitory storage medium configured to cause the processor to provide surface feature of the sample from the multi-dimensional dataset (Page 2, columns 1, 2; figures 1, 2. It is inherent that the GelSight elastomeric sensor probe contains a processor, and any processor must has a set of programmed instructions stored on a non-transitory storage medium), providing a phenotype of a subject (Reconstruction algorithm: page 2, column 2, lines 21-35; Page 4, Types of Measurements, column 1, lines 40-46; Page 4, columns 1, 2; Page 5, columns 1, 2. Note: identifying/measuring scratches, the max and min depths, microfeatures, height profile, are not different from phenotype of a subject).
However, Mantel does not teach periodic structural features. Arora teaches periodic structural features, ([0077, 0079, 0115]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel by having periodic structural features in order to analyze the time-dependent traces of elemental isotopes obtained from biological samples for purposes of predictive classification., (Arora, [0115]).
Regarding Claims 2, 11, 13, 19, Mantel teaches all the limitations of claim 1 as stated above except for the biological sample comprises an ex-vivo tooth or an in-vivo tooth, and the surface profile is measured from the incisal edge to the cervical end of the crown of the ex-vivo or in-vivo tooth. Arora teaches this limitation, ([0013, 0014, 0034]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel, by having a biological sample comprising a tooth in order to implement inspection system for specific biological sample, (Arora, ([0013, 0014, 0034]).
Regarding Claim 7, 16, Mantel teaches all the limitations of claims 1, 12, as stated above except for cleaning the biological sample with water. Arora teaches this limitation, ([0015]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel by cleaning the biological sample with water in order to clean biological sample, (Arora, ([0012]).
Regarding Claims 22, 24, selection of spatial resolution of 0.01 micrometers to 1 micrometers or similar range is well known. It would have been obvious to one having ordinary skill in the art at the time of the invention was made to choose appropriate spatial resolution range for the benefit of well operated inspection system. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
6. Claims 4, 8, 14, are rejected under 35 U.S.C. 103 as being anticipated by Mantel (3d Surface Topography Measurement Using Elastomeric Contact. In: 11th International Symposium NDT in Aerospace, Nov. 2019, Paris-Sacly, France (AeroNDT2019), Vol. 25(2)) in view of Arora et al. (U.S. Pub. No. 2022/0236236), further in view of Triboulet et al. (U.S. Pub. No. 2018/0317772). Hereafter “Mantel”, “Arora”, “Triboulet”. (Please see Applicant’s NPL for reference of Mantel in previous office action).
Regarding Claims 4, 14, Mantel and Arora teach all the limitations of claims 1 and 12, as stated above except for the fixture comprises putty, a mechanical mount, adhesive compound, or any combination thereof. Triboulet teaches this limitation, ([0121-0123]. Note: Modulus of elasticity is not different from putty, articulate frame 120, support 125 are not different from a mechanical mount). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel and Arora by having the fixture comprises putty, a mechanical mount, adhesive compound, or any combination thereof in order to better adapt the compression orthosis to the object, (Triboulet, [0121-0123]).
Regarding Claim 8, Mantel and Arora teach all the limitations of claim 1 as stated above except for a spatial position of the compressible body is releasably lockable. Triboulet teaches this limitation, ([0123]. The circular arm 121 is articulated in order to allow release to the right or to the left is not different from it is releasably lockable). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel and Arora by having a spatial position of the compressible body is releasably lockable in order remove it from the measurement area, (Triboulet, [0123]).
7. Claims 9, 17, are rejected under 35 U.S.C. 103 as being anticipated by Mantel (3d Surface Topography Measurement Using Elastomeric Contact. In: 11th International Symposium NDT in Aerospace, Nov. 2019, Paris-Sacly, France (AeroNDT2019), Vol. 25(2)) in view of in view of Arora et al. (U.S. Pub. No. 2022/0236236), and further in view of Watanabe (U.S. Pub. No. 2013/0175344). Hereafter “Mantel”, “Arora”, “Watanabe”. (Please see Applicant’s NPL for reference of Mantel in previous office action).
Regarding Claims 9, 17, Mantel teaches the at least one light source and the at least one sensor are electrically in communication with a processor configured to initiate illumination of the biological sample and detection of the multi-dimensional dataset of the surface (page 2, columns 1, 2; figures 1, 2. It is inherent that the GelSight elastomeric sensor probe contains a processor). However, Mantel in view of Arora does teach a button, switch, trigger, or any combination thereof. Watanabe teaches this limitation ([0110]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel in view of Arora by having a button, switch, trigger, or any combination thereof in order to control sensor/light source, (Watanabe [0110]).
Other references
8. Other references: Triboulet et al. (U.S. Pub. No. 2018/0317772), Remiszewski et al. (U.S. Pub. No. 2013/0089248), Allano et al. (EP 2520923), and Vaziri et al. (U.S. Pat. No. 11,255,837). Hereafter “Triboulet”, “Remiszewski”, “Allano”, “Vaziri”.
9. Remiszewski also teaches providing a phenotype of a subject ([0002]), determining one or more topographic surface features ([0067]. Determine the spectra of the pixel or color of the identified region is not different from determining one or more topographic surface features), providing the phenotype of the subject based at least on the one or more topographic surfaces features ([0109], lines 9-14. Biochemical signature is not different from phenotype of the subject). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel by providing a phenotype of a subject in order to provide an improved and efficient manner of analyzing sample to provide a diagnosis, prognosis and/or predictive analysis, (Remiszewski, [0109], lines 9-14).
Triboulet also teaches providing a phenotype of a subject ([0001]), determining one or more topographic surface features ([0022]. Geometry of the blood vessels is not different from topographic surface feature), providing the phenotype of the subject based at least on the one or more topographic surfaces features ([0074]. Biomechanical measurement is not different from phenotype of the subject). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel by providing a phenotype of a subject in order to characterize both the anatomy and the geometry characteristic of the sample, (Triboulet, [0022]).
Allano also teaches providing a phenotype of a subject (page 4, Abstract; Page 5, lines 6-8), determining one or more topographic surface features (page 5, lines 6-8), providing the phenotype of the subject based at least on the one or more topographic surfaces features (page 5, lines 6-16).
Vaziri also teaches dynamic topographic surface features (column 11, lines 58-65; Column 18, lines 13-20). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Mantel by having dynamic topographic surface features in order to be capable of recording the dynamics of cellular or biochemical processes in a biological sample, (Vaziri, column 1, lines 49-60).
Conclusion
10. 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 extension fee 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 date of this final action.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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October 22, 2025
/Tri T Ton/
Primary Examiner Art Unit 2877