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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamin et al (5,147,806).
As to claim 1, Kamin et al disclose (fig. 1) a method for collecting signals (ECL measurements) from a single photon or isolated, low quantities of photons (light, electromagnetic radiation), (column 2, lines 30-40, column 4, lines 1-35) through electrochemiluminescence (ECL, electrochemiluminescence), comprising an electrochemiluminescent reaction system (10) and a photon signal collection system (14); the system (10) triggers (trigger) an electrochemiluminescent reaction (trigger analyte of interest into electrochemiluminescence, ECL reaction); (column 6, lines 1-13), characterized in that the photon signal collection system (14) is configured to collect signals (ECL measurements) from the single photon or isolated, low quantities of photons (light, electromagnetic radiation) released by the electrochemiluminescent reaction (trigger analyte of interest into electrochemiluminescence, ECL reaction), (column 6, lines 1-13), wherein the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation) is originated from single-molecule electrochemical reactions (electrochemical energy to trigger the analyte of interest into electrochemiluminescence, ECL reaction), (column 6, lines 1-13, column 10, lines 45-64).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamin et al (5,147,806) in view of Fine (US2021/0311037A1).
7. As to claim 2, Kamin et al disclose (fig. 1) an imaging system for electrochemiluminescence (ECL, electrochemiluminescence) characterized by comprising: an electrochemiluminescence unit (12), an optical acquisition unit (14), the electrochemiluminescence unit (12) comprises a sample flow cell (30) having reactants (analyte of interest, laminar flow of solution) that undergo electrochemical reactions (electrochemical and ECL reactions of interest) within the cell (30), emitting signals (ECL measurements) from the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation); the optical acquisition unit (14) is positioned corresponding to the sample flow cell (30); the optical acquisition unit (14) is configured to collect signals (ECL measurements) from the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation) and sequentially transmits the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation); the images (measured level of chemiluminescence at specific wavelengths used to determine the amount of analyte in the sample define images), (column 1, lines 45-49, column 4, lines 1-35, column 10, lines 54-66). Kamin et al fail to disclose a host computer electrically connected to the optical acquisition device and super-resolution electrochemiluminescence images, surpassing the Abbe optical diffraction limit in resolution. Fine discloses (fig. 6) a host computer (610) electrically connected to the optical acquisition device (680), (paragraph [0172]) and that the sample (100) may be imaged by the image sensor (104) at a resolution that surpasses the theoretical diffraction limit (Abbe limit) for microscopy, or at a resolution that is higher than if the sample (100) were at a non-near-field distance from the array of light sensitive elements (106), (paragraph [0081]) defines surpassing the Abbe optical diffraction limit in resolution. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to include a host computer electrically connected to the optical acquisition device and super-resolution electrochemiluminescence images, surpassing the Abbe optical diffraction limit in resolution as taught by Fine in order to more accurately provide a clear and precise image using minimal light, i.e., a photon and/or scattered light resulting in improving design, efficiency, and innovation in optical science.
As to claim 3, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging system characterized in that the optical acquisition unit (14) comprises a photon detector (photodiode, charge coupled device, PMT, photomultiplier tube) and a microscopic imaging system (18); the sample flow cell (12, 30) is placed on the microscopic imaging system (18), and the photon detector (14) is fixed together with the microscopic imaging system (18); the photon detector (14) is configured to collect signals (ECL measurements) from the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation), (column 4, lines 1-35) generated within the sample flow cell (12, 30) through the microscopic imaging system (18) and transmits (emit) the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation), (column 1, lines 45-49, column 4, lines 1-35, column 10, lines 54-66). Kamin et al fail to disclose the host computer (3). Fine discloses the host computer (610), (paragraphs [0168]-[0172]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to include the host computer as taught by Fine in order to perform image processing and analysis and to provide instructions to other elements of the system.
As to claim 4, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging system characterized in that the microscopic imaging system (18), (column 10, lines 61-64). Kamin et al fail to disclose an objective lens. Fine disclose microlenses and small lenses used for imaging, (paragraph [0163]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to interchangeably used a microlenses, small lenses, and/or objective lens in order to enhance and/or improve the imaging system.
As to claim 5, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging system characterized in that the photon detector (14) is a photomultiplier tube (photomultiplier tube, PMT, photodiode, charge coupled device), (column 10, lines 54-64).
As to claim 6, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging system characterized in that the electrochemiluminescence unit (10) further comprises: a data acquisition card (20), (column 11, lines 45-59), a reference electrode (70), a counter electrode (68, 72, 74), and a working electrode (56, 58); the data acquisition card (20) is interconnected with the reference electrode (70), the counter electrode (68, 72, 74), the working electrode (56, 58), with the reference electrode (56, 58), the counter electrode (68, 72, 74), and the working electrode (56, 58) positioned in the sample flow cell (30); the data acquisition card (20) is configured to apply voltage signals (voltage signals) to the working electrode (56, 58) and the counter electrode (68, 72, 74), and to collect the current information (current) of the electrochemiluminescence unit (10) through the counter electrode (68, 72, 74), to transmit the current information (current), (column 11, lines 45-68, column 12, lines 1-57); the electrochemical workstation (10) is interconnected with the reference electrode (70), the counter electrode (68, 72, 74), the working electrode (56, 58), and these electrodes (electrodes) are positioned on the sample flow cell (30); devices (apparatus, system) capable of applying voltage (voltage signals) to trigger (trigger) electrochemical luminescence reactions (electrochemiluminescence chemical reactions ) are interconnected with the reference electrode (70), the counter electrode (68, 72, 74), the working electrode (56, 58), with the electrodes (electrodes) positioned on the sample flow cell (30); the counter electrode (68, 72, 74) and the reference electrode (70) are capable of being replaced by a single counter electrode (68, 74, 72) to achieve the same effect, (column 11, lines 60-68, column 12, lines 1-57). Kamin et al fail to disclose the host computer. Fine discloses (fig. 6) a host computer (610), (paragraph [0172]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to include the host computer integrally coupled to the electrodes and the electrochemical workstation as taught by Fine in order to more accurately improve design, efficiency, and innovation in optical science to yield more accurate analysis in electrochemiluminescence imaging system.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamin et al (5,147,806) in view of Fine (US2021/0311037A1), and further in view of Wang et al (US2011/0294225A1).
As to claim 7, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging system characterized in that the electrochemiluminescence unit (12) comprises; the counter electrode (14) is electrically connected to the data acquisition card (20), facilitating the transmission of current information (current) from the electrochemiluminescence unit (12) to the acquisition card (20); (column 10, lines 45-64, column 11, lines 45-68, column 12, lines 1-19). Kamin et al in view of Fine fail to further disclose a current amplifier and the current amplification function realized by the current amplifier is capable of being substituted by common electrochemical workstations or other devices capable of current collection. Wang et al further disclose (fig. 2) a current amplifier (22) and the current amplification function realized by the current amplifier (22) is capable of being substituted by common electrochemical workstations (23), (paragraph [0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al in view of Fine to include a current amplifier and the current amplification function realized by the current amplifier is capable of being substituted by common electrochemical workstations or other devices capable of current collection as taught by Wang et al in order to accelerate and/or trigger electrochemiluminescence reactions to acquire efficient electrochemiluminescence measurements.
Claim(s) 8-9, 11, 22-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamin et al (5,147,806) in view of Fine (US2021/0311037A1).
As to claim 8, Kamin et al disclose (fig. 1) an imaging method for electrochemiluminescence (electrochemiluminescence), characterized by the following steps: using the electrochemiluminescence imaging system (14, 18), the imaging steps comprises: S 100 (technique, method), sequentially and continuously collecting, by the optical acquisition unit (14), the spatial position information of the single photon (light intensity, electromagnetic radiation, light emissions) or isolated, low quantities of photons (light intensity, electromagnetic radiation, light emissions) generated at the first moment, the second moment, the Nth moment within the sample flow cell (30), and consecutively transmitting (emit) the spatial position information of the single photon (light intensity, electromagnetic radiation, light emissions) or isolated, low quantities of photons (light intensity, electromagnetic radiation, light emission); S200 (technique, method), the received spatial position information of the single photon (light intensity, electromagnetic radiation, light emissions) or isolated, low quantities of photons (light intensity, electromagnetic radiation, light emissions) generated at the first, second, the Nth moment to produce an image (image), (column 2, lines 30-40, column 4, lines 1-35). Kamin et al fail to disclose processing by the host computer and the image is a super-resolution image of electrochemiluminescence, with a resolution surpassing the Abbe diffraction limit of optical imaging, where N is an integer greater than 1. Fine discloses (fig. 6) a host computer (610) electrically connected to the optical acquisition device (680), (paragraph [0172]) and that the sample (100) may be imaged by the image sensor (104) at a resolution that surpasses the theoretical diffraction limit (Abbe limit) for microscopy, or at a resolution that is higher than if the sample (100) were at a non-near-field distance from the array of light sensitive elements (106), (paragraph [0081]) defines surpassing the Abbe optical diffraction limit in resolution. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to include a host computer electrically connected to the optical acquisition device and super-resolution electrochemiluminescence images, surpassing the Abbe optical diffraction limit in resolution as taught by Fine in order to more accurately provide a clear and precise image using minimal light, i.e., a photon and/or scattered light resulting in improving design, efficiency, and innovation in optical science to acquire the condition where N is an integer greater than 1.
As to claim 9, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method characterized in that: in step S100 (method, technique), the collected spatial position information of the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation) generated at the first moment comprises the pixel (14, photodiode, charge coupled device), (column 10, lines 55-64) of the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation) at the first moment and the grayscale values (voltages, current, ECL measurements) of multiple adjacent pixels (14, photodiode, charge coupled device); the collected spatial position information of the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation) generated at the second moment comprises the pixel (14) of the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation), (column 4, lines 1-35) at the second moment and the grayscale values (ECL measurements, voltages, current) of multiple adjacent pixels (14, photodiode, charge coupled device); the collected spatial position information of the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (electromagnetic radiation, light) generated at the Nth moment comprises the pixel (14, photodiode, charge coupled device) of the single photon (electromagnetic radiation, light) or isolated, low quantities of photons (electromagnetic radiation, light) at the Nth moment and the grayscale values (ECL measurements, voltages, current) of multiple adjacent pixels (14), (column 2, lines 30-40, column 4, lines 1-35, column 10, lines 55-64).
As to claim 11, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method (electrochemiluminescence technique) characterized in that prior to the imaging steps (ECL technique), an electrochemical detection step (ECL measurement, electrochemical) is performed, (column 7, lines 45-60, column 10, lines 41-64).
As to claim 22, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method wherein step S200 (technique, method) comprises: S210 (technique, method), fitting the spatial position information of the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation) at the first moment, (column 4, lines 1-35) comprising the pixel (14, photodiode, charge coupled device) and grayscale values (ECL measurements, voltages, current) of adjacent pixels (14, photodiode, charge coupled device), (column 10, lines 54-64) with a two-dimensional Gaussian or a similar function possessing spatial localization capabilities, to obtain the spatial position information of the single photon (electromagnetic radiation, light) at the first moment; fitting the spatial position information of the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation) at the first moment, comprising the pixel (14, photodiode, charge coupled device) and grayscale values (ECL measurements, voltages, current) of adjacent pixels (14, photodiode, charge coupled device), with a two-dimensional Gaussian or a similar function possessing spatial localization capabilities, to obtain a second position coordinate of the single photon (light, electromagnetic radiation) at the second moment; fitting the pixel (14, photodiode, charge coupled device) and grayscale values (ECL measurements, current, voltages) of adjacent pixels (14, photodiode, charge coupled device) of the single photon (light, electromagnetic radiation) at the Nth moment with a two-dimensional Gaussian or a similar function possessing spatial localization capabilities, to obtain a N*th position coordinate of the single photon (electromagnetic radiation, light) at the Nth moment (technique), (column 4, lines 1-35, column 10, lines 54-64).
As to claim 23, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method wherein step S200 (technique, method) further comprises: S220 (technique, method), based on the first, the second, the Nth position coordinates, generating an image by overlaying the temporal and spatial positions of the single photon (electromagnetic radiation, light) or isolated, low quantities of photons (electromagnetic radiation, light), (column 4, lines 1-35). Kamin et al fail to disclose resulting in a super-resolution image of electrochemiluminescence that breaks the temporal and spatial resolution limits of the Abbe optical diffraction limit. Fine discloses (fig. 6) and that the sample (100) may be imaged by the image sensor (104) at a resolution that surpasses the theoretical diffraction limit (Abbe limit) for microscopy, or at a resolution that is higher than if the sample (100) were at a non-near-field distance from the array of light sensitive elements (106), (paragraph [0081]) defines surpassing the Abbe optical diffraction limit in resolution. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to include and super-resolution electrochemiluminescence images, that breaks the temporal and spatial resolution limits of the Abbe optical diffraction limit as taught by Fine in order to more accurately provide a clear and precise image using minimal light, i.e., a photon and/or scattered light resulting in improving design, efficiency, and innovation in optical science.
As to claim 24, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method wherein step S210 (technique, method) further comprises: analyzing the standard deviation corresponding to the position coordinates of the single photon (light, electromagnetic radiation) or isolated, low quantities of photons (light, electromagnetic radiation) at each moment or certain moments, accumulating signals (ECL measurements) after fitting, merging identical signals (ECL measurements), and noise reduction processing, thereby determining the position coordinates of the single photon (light, electromagnetic radiation) at different times and generating a super- resolution image (image) of electrochemiluminescence (electrochemiluminescence), (column 4, lines 1-35, column 10, lines 54-64).
As to claim 25, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method wherein the electrochemical detection step (ECL technique) comprises: S100” (technique, method), applying, by the electrochemiluminescence unit (12), voltage (voltage signals) to the sample flow cell (30) to induce electrochemical reactions (electrochemical energy to trigger the analyte of interest into electrochemiluminescence) in the reactants within the cell (30), releasing single photon (light, electromagnetic radiation) or isolated, low quantities of photons (electromagnetic radiation, light); and S200" (technique, method), collecting, by the electrochemiluminescence unit (12), current information from the sample flow cell (30), (column 4, lines 1-19, column 10, lines 41-64). Kamin et al fail to disclosed transmits this information to the host computer. Fine disclose (fig. 6) transmit information (transfer data) to the host computer (610), (paragraphs [0171]-[0172]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to include transmits this information to the host computer as taught by Fine in order to perform computational operations such as image processing and provide instructions to other elements of the system.
As to claim 26, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method wherein the electrochemiluminescence unit (12) further comprises: a data acquisition card (20), (column 11, lines 45-59), a reference electrode (70), a counter electrode (68, 72, 74), and a working electrode (56, 58); the data acquisition card (20) is electrically connected to the reference electrode (70), the counter electrode (68, 72, 74), the working electrode (56, 58), the reference electrode (70), the counter electrode (68, 72, 74), and the working electrode (56, 58) are positioned on the sample flow cell (30); step S 100" (technique, method) comprises the data acquisition card (20) outputting analog voltage signals (voltage signals) to both ends of the working electrode (56, 58) and the counter electrode (68, 72, 74); step S200" (technique, method) comprises the data acquisition card (20) collecting the current information (ECL measurements) of the electrochemiluminescence unit (12) through the counter electrode (68, 72, 74) and transmitting this current information (ECL measurements), (column 11, lines 60-68, column 12, lines 1-57). Kamin et al fail to disclose the host computer. Fine discloses (fig. 6) a host computer (610), (paragraph [0172]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to include the host computer integrally coupled to the electrodes and the electrochemical unit as taught by Fine in order to more accurately improve design, efficiency, and innovation in optical science to yield more accurate analysis in electrochemiluminescence imaging system.
As to claim 27, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method wherein the electrochemiluminescence unit (12) with the counter electrode (68, 72, 74) electrically connected to the data acquisition card (20), (column 12, lines 1-45); step S200" (method, technique) comprises the current information (ECL measurements) of the electrochemiluminescence unit (12) being transmitted (transfer data) to the data acquisition card (20), (column 12, lines 1-51). Kamin et al in view of Fine fail to disclose further comprises a current amplifier. Wang et al further disclose (fig. 2) a current amplifier (22) amplifying electrochemical unit (23), (paragraph [0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al in view of Fine to include a current amplifier amplifying the electrochemical workstations or other devices taught by Wang et al before transferring the information to the data acquisition card in order to accelerate and/or trigger electrochemiluminescence reactions to acquire efficient electrochemiluminescence measurements.
As to claim 28, Kamin et al disclose (fig. 1) the electrochemiluminescence imaging method wherein (fig. 3) a preset voltage waveform (waveform, constant voltage), (column 14, lines 4-24); step S100" (technique, method) comprises the data acquisition card (20) collecting the voltage (voltage signals) across the reference electrode (70) and the working electrode (56, 58), (column 12, lines 1-50). Kamin et al fail to disclose and sending the collected voltage value to the host computer; the host computer compares the voltage value from the data acquisition card with the preset voltage value and controls the data acquisition card based on the comparison result to adjust the analog voltage signal sent to the working electrode and the counter electrode. Fine disclose (fig. 3) the host computer (322) compares the capture one or more images to a second set of one or more images, (paragraph [0116]). Fine further discloses (fig. 6) the host computer (610) may perform any of the image processing analysis steps, (paragraph [0170]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kamin et al to configure the computer to perform comparison analysis as taught by Fine using the preset voltage compared with the collected voltage through the working electrode and the counter electrode to efficiently and more accurately control the data acquisition card to acquire efficient electrochemiluminescence measurements.
Conclusion
22. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON J WILLIAMS whose telephone number is (571)272-8538. The examiner can normally be reached M-F 8 a.m.-5 p.m..
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/DON J WILLIAMS/Examiner, Art Unit 2878
/GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
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