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.
Claims 1, 4, 7, 8, 11, 13, 17-18, 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ronzitti et al (US Publication No.: US 2021/0080709 A1, “Ronzitti”).
Regarding Claim 1, Ronzitti discloses an apparatus for rapid depth-scanning in laser imaging or photostimulation (Paragraph 0064), comprising:
A laser source dimensioned and configured to generate an input laser beam (Figure 1, laser source A; Paragraph 0022);
A masking device dimensioned and configured to mask desired patterns over the input laser beam to yield a masked laser beam (Figure 1, masking device 2; Paragraph 0013 discloses that the first SLM 2 yields a masked laser beam; Paragraph 0022; Paragraphs 0047-0049);
A beam-shaping element to convert the masked laser beam to a beam with controlled position and length of line focus (Figure 1, beam-shaping element 3; Paragraph 0036 discloses a beam-shaping function regarding position and length of line focus);
A scanning microscope dimensioned and configured to transfer the beam resulted from the beam-shaping element to a focal plane of a microscope objective lens (Figure 1, scanning microscope OBJ; Paragraph 0096; Paragraph 0004).
Regarding Claim 4, Ronzitti discloses the apparatus of claim 1, further comprising a diffractive element dimensioned and configured to correct for angular dispersion, which is placed before or after the masking device (Figure 1, diffractive element 4; Paragraph 0072).
Regarding Claim 7, Ronzitti discloses the apparatus of claim 1, wherein the masking device is a digital micromirror device ("DMD") (Paragraph 0049).
Regarding Claim 8, Ronzitti discloses the apparatus of claim 7, wherein the DMD uses a blazed grating to maximize diffraction efficiency of the DMD (Paragraph 0049; Paragraph 0037; Paragraph 0054).
Regarding Claim 11, Ronzitti discloses the apparatus of claim 1, wherein the beam-shaping element is a spatial light modulator (Figure 1; Paragraph 0045).
Regarding Claim 13, Ronzitti discloses the apparatus of claim 1, further comprising an optical relay system dimensioned and configured to project an image of the masked laser beam at an entrance facet of the beam- shaping element (Figure 1, optical relay system L1/4/L2; Paragraph 0094).
Regarding Claim 17, Ronzitti discloses a method for rapid depth0scanning in laser imaging or photostimulation (Paragraph 0064), comprising:
Generating an input laser beam (Figure 1, input laser beam A; Paragraph 0022);
Masking a desired pattern over the input laser beam to yield a masked laser beam (Figure 1, masking device 2; Paragraph 0013 discloses that the first SLM 2 yields a masked laser beam; Paragraph 0022; Paragraphs 0047-0049);
Converting the masked laser beam to a beam with controller position and length of line focus (Figure 1, beam-shaping element 3; Paragraph 0036 discloses a beam-shaping function regarding position and length of line focus);
Transferring the beam of step (c) to a focal plane of a microscope objective lens (Paragraph 0096; Paragraph 0004)
Collecting fluorescence signal from a sample illuminated with the beam of step (d) (Paragraph 0014).
Regarding Claim 18, Ronzitti discloses the method of claim 17, further comprising adjusting laser power and/or laser beam size of the input laser beam after step (a) (Paragraph 0019; Figures 7a-7b).
Regarding Claim 20, Ronzitti discloses the method of claim 17, further comprising correcting for angular dispersion before or after step (b) (Figure 1, angular dispersion corrector 4; Paragraph 0072).
Regarding Claim 21, Ronzitti discloses the method of claim 17, further comprising projecting an image of the masked laser beam generated in step (b) for converting the masked laser beam in step (c) (Figure 1, the image is projected using the optical relay system L1/4/L2; Paragraph 0094).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ronzitti in view of Poplawski (US Publication No.: US 2020/0232768 A1).
Regarding Claim 2, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose a laser beam power controller and a laser beam size controller operationally linked to the laser source.
However, Poplawski discloses a similar apparatus comprising a laser beam power controller and a laser beam size controller operationally linked to the laser source (Poplawski, Paragraph 0069 discloses a laser beam size controller and Paragraph 0091 discloses a laser beam power controller).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the laser beam as disclosed by Ronzitti to have a power and size controller linked to the laser source as disclosed by Poplawski. One would have been motivated to do so for the purpose of optimizing range, size and transmission (Poplawski, Paragraph 0091).
Claims 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ronzitti in view of Hotta et al (US Publication No.: US 2009/0034392 A1, “Hotta”).
Regarding Clam 3, Ronzitti discloses the apparatus of claim 3.
Ronzitti fails to disclose an astigmatism controller dimensioned, configured, and located to correct for beam ellipticity of the input laser beam.
However, Hotta discloses a similar apparatus comprising an astigmatism controller dimensioned, configured, and located to correct for beam ellipticity of the input laser beam (Hotta, Paragraph 0053).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus as disclosed by Ronzitti to include an astigmatism controller as disclosed by Hotta. One would have been motivated to do so for the purpose of achieving focused control operation of the laser beam (Hotta, Paragraph 0053).
Regarding Claim 19, Ronzitti discloses the method of claim 17.
Ronzitti fails to disclose a step of correcting for beam ellipticity before or after step (b).
However, Hotta discloses a similar method comprising a step of correcting for beam ellipticity before or after step (b) (Hotta, Paragraph 0053).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method as disclosed by Ronzitti to include beam ellipticity correction as disclosed by Hotta. One would have been motivated to do so for the purpose of achieving focused control operation of the laser beam (Hotta, Paragraph 0053).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ronzitti in view of Leslie (US Publication No.: US 2022/0057561 A1).
Regarding Claim 5, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose that the masking device generates a mask with multiple simultaneous rings, such that each ring generates a different focal zone in a sample plane, allowing simultaneous imaging from a plurality of planes.
However, Leslie discloses a similar apparatus where the masking device generates a mask with multiple simultaneous rings, such that each ring generates a different focal zone in a sample plane, allowing simultaneous imaging from a plurality of planes (Leslie, Paragraph 0109).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the masking device as disclosed by Ronzitti to include a plurality of rings as disclosed by Leslie. One would have been motivated to do so for the purpose of optimizing light focusing (Leslie, Paragraph 0109).
Regarding Claim 6, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose that the masking device switches between two ring shapes, such that each ring generates a different focal zone in a sample plane, allowing interlaced imaging between the two planes.
However, Leslie discloses a similar apparatus where the masking device switches between two ring shapes, such that each ring generates a different focal zone in a sample plane, allowing interlaced imaging between the two planes (Leslie, Paragraph 0108).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the masking device as disclosed by Ronzitti to include a plurality of rings as disclosed by Leslie. One would have been motivated to do so for the purpose of optimizing light focusing (Leslie, Paragraph 0109).
Claims 9 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Ronzitti in view of Koenig et al (US Publication No.: US 2016/0230167 A1, “Koenig”).
Regarding Claim 9, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose that the beam resulted from the beam-shaping element is a Bessel beam.
However, Koenig discloses a similar apparatus where the beam resulted from the beam-shaping element is a Bessel beam (Koenig, Paragraph 0071).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam as disclosed by Ronzitti to be a Bessel beam as disclosed by Koenig. One would have been motivated to do so for the purpose of optimizing light focusing (Koenig, Paragraph 0071).
Regarding Claim 22, Ronzitti discloses the method of claim 17.
Ronzitti fails to disclose that the beam generated from step (c) is a Bessel beam.
However, Koenig discloses a similar method where the beam generated from step (c) is a Bessel beam (Koenig, Paragraph 0071).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam as disclosed by Ronzitti to be a Bessel beam as disclosed by Koenig. One would have been motivated to do so for the purpose of optimizing light focusing (Koenig, Paragraph 0071).
Claims 10, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ronzitti in view of Calefati et al (US Publication No.: US 2022/0314366 A1, “Calefati”).
Regarding Claim 10, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose that the beam-shaping element is an axicon.
However, Calefati discloses a similar apparatus where the beam-shaping element is an axicon (Calefati, Paragraph 0108).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam-shaping element as disclosed by Ronzitti to be an axicon as disclosed by Calefati. One would have been motivated to do so for the purpose of achieving a Bessel beam (Calefati, Paragraph 0108).
Regarding Claim 12, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose that the beam-shaping element is a diffractive axicon.
However, Calefati discloses a similar apparatus where the beam-shaping element is a diffractive axicon (Calefati, Paragraph 0108).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam-shaping element as disclosed by Ronzitti to be an axicon as disclosed by Calefati. One would have been motivated to do so for the purpose of achieving a Bessel beam (Calefati, Paragraph 0108).
Claims 14, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ronzitti in view of Tomer (US Publication No.: US 2019/0310451 A1).
Regarding Claim 14, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose that the scanning microscope further comprises: a transfer lens to relay the beam resulted from the beam-shaping element to an imaging zone; a resonant galvo scanner; an optical relay system to relay the resonant galvo plane onto a pair of galvo mirrors; and a point scanning system comprising a pair of galvo mirrors, a scan lens, a tube lens, and an objective lens.
However, Tomer discloses a similar apparatus where the scanning microscope further comprises: a transfer lens to relay the beam resulted from the beam-shaping element to an imaging zone; a resonant galvo scanner; an optical relay system to relay the resonant galvo plane onto a pair of galvo mirrors; and a point scanning system comprising a pair of galvo mirrors, a scan lens, a tube lens, and an objective lens (Tomer, Paragraph 0061; Paragraph 0050).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the scanning microscope as disclosed by Ronzitti to include a plurality of particular elements as disclosed by Tomer. One would have been motivated to do so for the purpose of optimizing illumination (Tomer, Paragraph 0061).
Regarding Claim 16, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose a centralized control unit dimensioned and configured to control power of the laser source, project the desired patterns on the masking device, control galvo scanners, collect fluorescent signals from at least one detector, collect fluorescent signals from at least one point in a sample, and display collected data as two- or three- dimensional images.
However, Tomer discloses a similar apparatus comprising a centralized control unit dimensioned and configured to control power of the laser source, project the desired patterns on the masking device, control galvo scanners, collect fluorescent signals from at least one detector, collect fluorescent signals from at least one point in a sample, and display collected data as two- or three- dimensional images (Tomer, Paragraph 0019; Paragraph 0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus as disclosed by Ronzitti to include a centralized control unit as disclosed by Tomer. One would have been motivated to do so for the purpose of performing automatic functions such as calibration (Tomer, Paragraph 0056).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ronzitti in view of Xu et al (US Publication No.: US 2013/0126756 A1, “Xu”).
Regarding Claim 15, Ronzitti discloses the apparatus of claim 1.
Ronzitti fails to disclose a detection system comprising at least one photomultiplier tube.
However, Xu discloses a similar apparatus comprising a detection system comprising at least one photomultiplier tube (Xu, Paragraph 0036).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus as disclosed by Ronzitti to include a detection system as disclosed by Xu. One would have been motivated to do so for the purpose of optimizing imaging (Xu, Paragraph 0036).
Conclusion
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/MARIAM QURESHI/ Examiner, Art Unit 2871