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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-2, 7, 10-13, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimada (U.S. 2017/0302827).
Regarding claim 1, Shimada discloses an imaging system (1, Fig. 11; page 5, para [0079]) for imaging a sample (S, Fig. 11; page 5, para [0078]), comprising:
a sample moving unit (7, Fig. 11; page 5, para [0075]) configured to move the sample (S, Fig. 11) in a sample space (3, Fig. 11; page 5, para [0084]) along a movement direction (direction along horizontal portion of 3c towards 15, Fig. 11; page 2, para [0029]);
at least one detection optic (11, Fig. 11; page 5, para [0085]) comprising a detection optical axis (optical axis of 11, Fig. 11) that encloses a first angle with the movement direction (such as angle between optical axis of 11 and direction along horizontal portion of 3c towards 15, Fig. 11; page 5, para [0084]) within a range of 20° to 70° (such as 45°, Fig. 11; page 5, para [0084]), the detection optical axis (optical axis of 11, Fig. 11) of the at least one detection optic (11, Fig. 11) and the movement direction (direction along horizontal portion of 3c towards 15, Fig. 11) defining a first plane (focal plane of 11 orthogonal with F, Fig. 11; page 5, para [0085]); and
at least one illumination optic (9, Figs. 6B and 11; page 5, para [0085]) comprising an illumination optical axis (optical axis of 9 is orthogonal to movement along 3c, Fig. 6B; page 6, para [0089]) that encloses a second angle with the movement direction (such as angle between optical axis of 9 that is orthogonal to movement direction along horizontal portion of 3c, Figs. 6 and 11; page 5, para [0084]) within a range of 70° t0 110° (such as 90°, Fig. 6B), and that encloses a third angle with the detection optical axis (third angle between the optical axis of 9 aligned with F and the optical axis of 11 that is perpendicular to F, Figs. 6B and 11; page 5, para [0085]) of the at least one detection optic (11, Fig. 11) within a range of 70° to 110° (such as 90°, Figs. 6B and 11), the illumination optical axis (optical axis of 9, Fig. 6B) of the at least one illumination optic (9, Fig. 6B) and the movement direction (direction along horizontal portion of 3c towards 15, Figs. 6B and 11) defining a second plane (radiation plane F defined by optical axis of 9 and the direction along horizontal portion of 3c, Figs. 6B and 11), the first and second planes intersecting and being different (the focal plane along optical axis of 11 is intersecting with and different than the radiation plane F of illumination optical axis of 9, Figs. 6B and 11).
Regarding claim 2, Shimada discloses an imaging system with all the limitations above and further discloses wherein the illumination optical axis (illumination optical axis of 9 along F, Fig. 6B) of the at least one illumination optic (9, Fig. 6B) is perpendicular to the detection optical axis (detection optical axis of 11 is perpendicular to F, Figs. 6B and 11).
Regarding claim 7, Shimada discloses an imaging system with all the limitations above and further discloses a light sheet illumination unit (light sheet illumination unit of 9, Fig. 6B; page 6, para [0089]) configured to generate at least one light sheet by directing illumination light through the at least one illumination optic (light sheet illumination generated by 9, Fig. 6B; page 6, para [0089]) into the sample space (3, Figs. 6B and 11) for illuminating an object plane of the detection optic (light sheet generated by 9 illuminates the object plane of the detection optic 11, Figs. 6B and 11).
Regarding claim 10, Shimada discloses an imaging system with all the limitations above and further discloses wherein the at least one detection optic (11, Fig. 11) comprises an immersion objective (page 5, para [0077]; page 7, para [0122]).
Regarding claim 11, Shimada discloses an imaging system with all the limitations above and further discloses wherein the first plane (focal plane of 11 orthogonal with F, Fig. 11; page 5, para [0085]) and the second plane (radiation plane F, Fig. 11) intersect within the sample space (3, Fig. 11).
Regarding claim 12, Shimada discloses an imaging system with all the limitations above and further discloses wherein the sample moving unit (combination of: 5 and 7, Fig. 11) comprises a flow cell (sample moving unit 5/7 comprises a flow cell, Fig. 11; page 3, para [0044]) defining the sample space (3, Fig. 11).
Regarding claim 13, Shimada discloses an imaging system with all the limitations above and further discloses wherein the sample moving unit (combination of: 5 and 7, Fig. 11; page 5, para [0075]) comprises a movable microscope table (combination of: 5 and 7 is movable since 7 comprises a movable pump, Fig. 11; page 2, para [0039]); and wherein the sample space (3, Fig. 11) is defined by a sample carrier (L, Fig. 11; page 6, para [0087]) arranged at the motorized microscope table (combination of: 5 and 7, Fig. 11).
Regarding claim 15, Shimada discloses an imaging system with all the limitations above and further discloses wherein the imaging system (1, Fig. 11) is a microscope (page 5, para [0079]).
Regarding claim 16, Shimada discloses a method for imaging a sample (S, Fig. 11; page 5, para [0078]) by means of an imaging system (1, Fig. 11; page 1, para [0011]; page 5, para [0079]) comprising:
moving the sample (S, Fig. 11) in a sample space (3, Fig. 11; page 5, para [0084]) along a movement direction (direction along horizontal portion of 3c towards 15, Fig. 11; page 2, para [0029]);
illuminating the sample (S, Fig. 11) with at least one illumination optic (9, Figs. 6B and 11; page 5, para [0085]) having an illumination optical axis (optical axis of 9 is orthogonal to movement along 3c, Fig. 6B; page 6, para [0089]) that encloses a first angle with the movement direction (such as angle between optical axis of 9 that is orthogonal to movement direction along horizontal portion of 3c, Figs. 6B and 11; page 5, para [0084]) within a range of 70° to 110° (such as 90°, Fig. 6B), and that encloses a second angle with a detection optical axis (second angle between the optical axis of 9 aligned with F and the optical axis of 11 that is perpendicular to F, Figs. 6B and 11; page 5, para [0085]) of at least one detection optic (11, Fig. 11; page 5, para [0085]) within a range of 70° to 110° (such as 90°, Figs. 6B and 11); and
capturing at least one image of the sample with the at least one detection optic (11, Fig. 11; page 5, para [0085]) having the detection optical axis (optical axis of 11, Fig. 11) that encloses a third angle with the movement direction (such as angle between optical axis of 11 and direction along horizontal portion of 3c towards 15, Fig. 11; page 5, para [0084]) within a range of 20° to 70° (such as 45°, Fig. 11; page 5, para [0084]);
wherein the detection optical axis (optical axis of 11, Fig. 11) of the at least one detection optic (11, Fig. 11) and the movement direction (direction along horizontal portion of 3c towards 15, Fig. 11) define a first plane (focal plane of 11 orthogonal with F, Fig. 11; page 5, para [0085]); wherein the illumination optical axis (optical axis of 9, Fig. 6B) of the at least one illumination optic (9, Fig. 6B) and the movement direction (direction along horizontal portion of 3c towards 15, Figs. 6B and 11) define a second plane (radiation plane F defined by optical axis of 9 and the direction along horizontal portion of 3c, Figs. 6B and 11), and wherein the first and second planes intersect and are different (the focal plane along optical axis of 11 intersect with and are different than the radiation plane F of illumination optical axis of 9, Figs. 6B and 11).
Regarding claim 17, Shimada discloses a method for imaging a sample by means of an imaging system with all the limitations of claim 16 above and further discloses wherein a sample moving unit (combination of: 5 and 7, Fig. 11; page 5, para [0075]) comprises a motorized microscope table (combination of: 5 and 7 is motorized since 7 comprises a motorized pump, Fig. 11; page 2, para [0039]); and wherein the sample space (3, Fig. 11) is defined by a sample carrier (L, Fig. 11; page 6, para [0087]) arranged at the motorized microscope table (combination of: 5 and 7, Fig. 11).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimada (U.S. 2017/0302827) in view of Kalkbrenner et al. (U.S. 2020/0284715).
Regarding claim 3, Shimada discloses an imaging system with all the limitations of claim 1 above but does not expressly disclose wherein the at least one detection optic (11, Fig. 11) further comprises a second detection optic and a first detection optic, wherein a first object plane of the first detection optic and a second object plane of the second detection optic intersect with the sample space. However, Kalkbrenner discloses an imaging system that can be configured to have at least one detection optic (16, Fig. 3; page 7, para [0059]) and at least one illumination optic (14, Fig. 3; page 7, para [0059]) or alternatively having two detection optics (16, Fig. 4; page 7, para [0059]) and two illumination optics (14, Fig. 4; page 7, para [0059]), wherein the two detection optics (16, Fig. 4) have a first and second object plane (Fig. 4), respectively, intersecting within a sample space (3, Fig. 4; page 7, para [0061]) in order to generate light sheets (19, Fig. 2; page 7, para [0061]) that can have different colors and be produced in different ways (page 7, para [0061]).
Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the at least one detection optic (Shimada: 11, Fig. 11) of Shimada with the first and second detection optics (Kalkbrenner: 16, Fig. 3) of Kalkbrenner and to configure the at least one illumination optic (Shimada: 9, Fig. 6B) of Shimada with the first and second illumination optics (Kalkbrenner: 14, Fig. 3) of Kalkbrenner, wherein the two detection optics (Kalkbrenner: 16, Fig. 4) have a first and second object plane (Kalkbrenner: Fig. 4), respectively, intersecting within the sample space (Shimada: 3, Fig. 11; Kalkbrenner: 3, Fig. 4; page 7, para [0061]) in order to obtain the benefits of generating light sheets (Kalkbrenner: 19, Fig. 2; page 7, para [0061]) that can have different colors and be produced in different ways as taught by Kalkbrenner (page 7, para [0061]).
Regarding claim 4, Shimada as modified by Kalkbrenner discloses an imaging system with all the limitations of claim 3 above and further discloses wherein a second detection optical axis (Kalkbrenner: optical axis of upper 16, Fig. 4) of the second detection optic (Kalkbrenner: upper 16, Fig. 4) encloses a fourth angle with the movement direction (Kalkbrenner: movement direction along 3, Fig. 4) within a range of 20° to 70°, such as 45°, (Kalkbrenner: 45° angle between the optical axis of upper 16 and movement direction along 3, Fig. 4), encloses a fifth angle with the detection optical axis (Kalkbrenner: optical axis of bottom 16, Fig. 4) of the first detection optic (Kalkbrenner: bottom 16, Fig. 4) within a range of 70° to 110°, such as 90° (Kalkbrenner: 90° angle between the optical axis of upper 16 and optical axis of bottom 16, Fig. 4), and encloses a sixth angle with the illumination optical axis (Kalkbrenner: optical axis of upper 14, Fig. 4) of the at least one illumination optic (Kalkbrenner: upper 14, Fig. 4) within a range of 70° to 110°, such as 90° (Kalkbrenner: 90° angle between the optical axis of upper 16 and optical axis of upper 14, Fig. 4).
Allowable Subject Matter
Claims 5-6, 8-9, and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art as presently searched does not disclose the imaging system of claim 5 (having all the combination of features including wherein the at least one illumination optic further comprises a second illumination optic and a first illumination optic, wherein a second illumination optical axis of the second illumination optic encloses a seventh angle with the movement direction within a range of 70° to 110°, and encloses an eighth angle with the illumination optical axis of the first illumination optic being smaller than 20°), does not disclose the imaging system of claim 8 (having all the combination of features including wherein the at least one detection optic further comprises a first detection optic and a second detection optic, and wherein the light sheet illumination unit is further configured to generate a second light sheet by directing illumination light through the at least one illumination optic into the sample space, and to alternatingly illuminate the object a first object plane of the first detection optic with the first light sheet and illuminate the object a second object plane of the second detection optic with the second light sheet), and does not disclose the imaging system of claim 14 (having all the combination of features including wherein the sample a sample carrier or the flow cell comprises an optical medium in which the sample is received, the optical medium having a first refractive index; wherein the sample carrier or the flow cell further comprises at least one window portion defining two parallel surfaces that comprises an optically transparent material having a second refractive index, and that is arranged at a bottom side of the sample carrier; and wherein the first and second refractive indices do not deviate by more than 2.5%). Claim 6 is objected to as being dependent on claim 5. Claim 9 is objected to as being dependent on claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL CHANG LEE whose telephone number is (571)270-7923. The examiner can normally be reached M-F 10am-6pm.
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/PAUL C LEE/Primary Examiner, Art Unit 2871