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 Interpretation
Applicant's arguments, see Pages 5-6, Section III, filed 04/27/2026 have been fully considered but they are not persuasive. Examiner respectfully disagree with the attorney therefore the Claims interpretation is maintained. Examiners will apply 35 U.S.C. 112(f) test to a claim limitation if it meets the following 3-prong analysis: (MPEP 2181 I)
• (A) the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
• (B) the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"; and
• (C) the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function
Such claim limitation(s) is/are: “imaging device to capture image data”, in claim 1.
• Prong (A): All the limitations use the term “device” as substitution of “means”.
• Prong (B): The limitations use modified function language as: imaging device “to capture”.
• Prong (C): In the limitations above there is not structure that perform the
structure claim function.
Therefore, the Claim interpretation 35 U.S.C. 112(f) is maintained.
Response to Amendment
The amendment filled on 04/27/2026 has been entered. Claims 1-3, 7, 10, 13, 16, 18-20, 22, 24-27 and 52-55, are remain pending in the application.
Applicant’s arguments, see Page 6, filed 04/27/2026, with respect to 35 U.S.C § 112(b) have been fully considered and are persuasive. Accordingly, the claim rejection under 35 U.S.C § 112(b) of Claim 21 have been withdrawn.
Applicant’s arguments filed on 04/27/2026 with respect to 35 U.S.C § 102 (a)(1) and 35 U.S.C § 103 to newly amended limitations in claims 1 and 52 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 7, 10, 16, 18-20, 22 and 52-55 are rejected 35 U.S.C. 103 as being unpatentable over Ang et al. (US 2018/0217170 A1), hereafter Ang, in view of Eisfeld et al. (US 2011/0254948 A1), hereafter Eisfeld.
Regarding claim 1, Ang teaches an apparatus (Fig. 1A), comprising:
a system (Fig. 1A elements 1 + 10, [0084] and Fig. 1B element 1000, [0088]), comprising:
a flow cell interface (Fig. 1B elements 1002 + 1001 + 1004, Fig. 5A element 900) to receive a flow cell cartridge assembly (Fig. 1A element 10 and/or, Fig. 1B 1003, the flow cell interface receive fluids from the flow cell cartridge [0085, 0088, 0131]. Element 900 may function as the flow cell interface to receive the fluids from the cartridge 1003 and/or directly from element 1004); and
an imaging system (Fig. 1A element 1 and Fig. 1B element 1000, [0088], Fig. 5A element 700, [0131]), comprising:
an imaging device (Fig. 4A element 508, [0125]);
an optical assembly (Fig. 4A elements 506, 507, [0125]);
a housing (Fig. 5A element 705) carrying the imaging device and the optical assembly, (element 705 comprise the elements of Figs, 4A-C thus comprising elements 501 + 502 + 503 + 504 + 505 + 506 + 507 + 508, [0131];
a stage assembly (Fig. 1B element 1006, [0088] and Fig. 5A element 702) coupled to the housing (as shown in Fig. 5A) and comprising an x-stage (Fig. 5A elements 706 + 707) and a y-stage (Fig. 5A elements 706 + 707), [0131]; and
a light source assembly (Fig. 4A elements 501, 502, 503, 504, 505 + 506) to emit a beam that is received by the optical assembly, [0125, 0128],
wherein the stage assembly (702) is configured to move the housing (705) relative to the flow cell interface (900) using the x stage and the y stage to allow the imaging device (705) to obtain image data, (“The micro fluorometer 500 can be moved back and forth in the y direction to capture images of several areas of the inner surface 672 of the upper layer 671 of the flow cell 600”, [0125-0126] from the flow cell cartridge assembly, (the stage 702 moves relative to element 900 that comprise the flow cell interface and allows element 705 to obtains images data from the cartridge assembly, [0112, 0131]).
Even though Ang teaches wherein the stage assembly (702) is configured to move the housing (705) relative to the flow cell interface (900) using the x stage and the y stage to allow the imaging device (705) to obtain image data, [0126] from the flow cell cartridge assembly, [0112, 0131]), Ang fail to teach “the stage assembly is configured to move the housing independent from the light source assembly”, since the location of the light source (Fig. 4A elements 501, 502, 503, 504, 505 + 506) is inside the housing (Fig. 5A element 705).
Nevertheless, Ang teaches the radiation can be directed from a radiation source to one, two or more micro fluorometers via one or more optical fibers, [0128], such as the location of the light source can be rearranged outside of the housing and the device would illuminate the micro fluorometers by their optical fibers. Since, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. (see, MPEP 2144.04, VI-C).
Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the light source and the stage assembly perform a known function of generating light beams to obtain image data and is predictable to apply the same mechanism to the light source being independent of assembly movement, in order to satisfy a particular design choice without deviating from the general teaching concept of Chee (see MPEP 2144.04 Section VI-C).
As evidence, Eisfeld related to optical detection of samples and thus from the same field of endeavor teaches the stage assembly (Fig. 11 element 500) motion , [0083, 0086] is independent from the light source assembly (Fig. 9 element 305, element 305 is stationary [0050, 0072]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ang by including the stage assembly motion is independent from the light source assembly (as taught by Eisfeld) for several advantages such as: by passing the illumination beam through the fiber optic cable, the illumination laser can be positioned anywhere within the treatment apparatus, thus increasing the device versatility, [0050].
Regarding claim 7, Ang in the combination outlined above teaches the apparatus of claim 1.
Ang further teaches wherein the light source assembly (Fig. 4A elements 501, 502, 503, 504, 505 + 506) and Fig. 5A elements 701 + 705) is coupled to a frame of the apparatus (Fig. 1A elements 1 + 10, [0084] and Fig. 1B element 1000, [0088]), ( as shown in Fig. 1B the light source assembly is couple/incorporated in element 1006 therefore is couple to the system 1,000, [0088, 0131]) and wherein the stage assembly (Fig. 1B element 1006, [0088] and Fig. 5A element 702) is movable relative to the light source assembly (Fig. 4A elements 501, 502, 503, 504, 505 + 506), ( Fig. 5A shows the interior of the system as element 700. The light source assembly is part of the micro-fluorometer in the camera assembly 701, [0131]. The stage 702 is movable in “x direction” relative to element 701, [0131]).
Regarding claim 10, Ang in the combination outlined above teaches the apparatus of claim 1.
Ang further teaches wherein the housing (Fig. 5A element 705, [0131) comprises a housing having opposing first and second side walls, wherein the optical assembly is disposed within the housing, [0127-0128] and the imaging device (Fig. 1A element 1 and Fig. 1B element 1000, [0088], Fig. 5A element 700, [0131]), is coupled to the first and second side walls, (the imaging device is 700 is couple to side walls of the housing as is directly or indirectly attached to the housing 705 as shown in Fig. 5A) wherein the optical assembly (Fig. 4A elements 506, 507, [0125]) includes a lens group, (elements 506 + 507 in Fig. 4A and also as shown in Figs. 4A-C) and an entry aperture disposed within the housing, (Fig. 4C shows an aperture at the bottom of the structure within the walls of the housing and Fig. 5A shows an aperture in the housing of element 705,[0131]), and wherein the optical assembly (Fig. 4A elements 506, 507) is coupled to the imaging device (Fig. 4A elements 508), ( the optical assembly as shown in Fig. 4A elements 506, 507, is couple the imaging device element 508, [0125]).
Even though Ang teaches the housing 705 having opposing first and second side walls that define the housing, [0131], Ang fail to teach the housing comprises an L-shaped housing having opposing first and second side walls that define an L-shaped channel.
However, it is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions (see MPEP 2144.05 Section II-A).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify housing (as taught by Ang et al.) with a form/proportions of an L-shaped having opposing first and second side walls that define an L-shaped channel without deviating from the general teaching concept of Ang. since such a modification constitutes only a change of form, proportions, or degree, which has been held to be a matter of obviousness (see MPEP 2144.05 Section II-A) in order to attain a particular design choice.
Regarding claim 16, Ang in the combination outlined above teaches the apparatus of claim 1.
Ang further teaches wherein the light source assembly (Fig. 4A elements 501, 502, 503, 504, 505 + 506 and Fig. 5A elements 701 + 705) is coupled to the y-stage (Fig. 5A elements 706 + 707), (as shown in Fig. 5, [0131]);, the apparatus further comprising a heat sink (Fig. 5A element 711) coupled to the light source assembly, (Fig. 5A elements 701 + 705, [0131]).
Regarding claim 18, Ang in the combination outlined above teaches the apparatus of claim 1.
Ang further teaches comprising a second stage (Fig. 4C, [0127]) to which the light source assembly is coupled, (Fig. 4A elements 501, 502, 503, 504, 505 + 506 encompasses the light source assembly, [0125]. Element 501 is part of the light source assembly and comprise a stage that is actuated in the z dimension to provide independent focus control of the light source assembly, [0080, 0125]).
Regarding claim 19, Ang in the combination outlined above teaches the apparatus of claim 1.
Even though Ang further teaches the second stage (z dimension stage, [0080, 0125, 0127]), Ang is silent about wherein the second stage comprises a follower stage.
However, since Ag teaches the second stage, [0080, 0125] to provide independent focus control of the light source assembly. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the second stage with a follower stage as result of routine optimization in order to provide two “second stages” parallel that would increase the stability and precision of the focus control of the light source, also since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). MPEP 2144.04
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to duplicate follower stage as the duplication of second stage since is a matter of obviousness since it at most replicates’ elements taught by Ang without altering the design, function, and/or mode of operation of the general teaching concept of the second stage of Ang. Therefore, such a duplication constitutes a design choice which has been held to be a matter of obviousness as stated in MPEP 2144.054 Section VI-B.
Regarding claim 20, Ang in the combination outlined above teaches the apparatus of claim 18.
Ang further teaches wherein the second stage (Fig. 4C) comprises a one-dimensional movement stage, (Element 501 is part of the light source assembly and comprise a stage that is actuated in the z dimension “one dimension” to provide independent focus control of the light source assembly, [0080, 0125]).
Regarding claim 22, Ang in the combination outlined above teaches the apparatus of claim 18.
Even though Ang further teaches wherein the apparatus causes the second stage to move (Fig. 4C, [0125, 0127]), x-stage (Fig. 5A elements 706 + 707) and a y-stage (Fig. 5A elements 706 + 707). Ang is silent about wherein the system causes the second stage to move corresponding to the movement of at least one of the x-stage or the y-stage.
However, Ang teaches that the device perform autofocus using the z stage to focus the area of measurement, [0124-0127]. Therefore since the system drives the x-stage (Fig. 5A elements 706 + 707) and/or y-stage (Fig. 5A elements 706 + 707) to perform measurements, [0131], it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention that if the focus in the Z direction is affected during the motion of the x or y stage the system would perform autofocus; Consequentially causing the second stage to move corresponding to the movement of at least one of the x-stage or the y-stage as result of routine optimization in order to increase the quality of the images data, thus allowing to increase accuracy of the measurement process, (see MPEP 2144.05).
Regarding claim 52, Ang teaches an apparatus (Fig. 1A), comprising:
a system (Fig. 1A elements 1 + 10, [0084] and Fig. 1B element 1000, [0088]), comprising:
a flow cell interface (Fig. 1B elements 1002 + 1001 + 1004, Fig. 5A element 900) to receive a flow cell cartridge assembly (Fig. 1A element 10 and/or, Fig. 1B 1003, the flow cell interface receive fluids from the flow cell cartridge [0085, 0088, 0131]. Element 900 may function as the flow cell interface to receive the fluids from the cartridge 1003 and/or directly from element 1004); and
an imaging system (Fig. 1A element 1 and Fig. 1B element 1000, [0088], Fig. 5A element 700, [0131]), comprising:
an imaging device (Fig. 4A element 508, [0125]);
an optical assembly (Fig. 4A elements 506, 507, [0125]);
a housing (Fig. 5A element 705) carrying the imaging device and the optical assembly, (element 705 comprise the elements of Figs, 4A-C thus comprising elements 501 + 502 + 503 + 504 + 505 + 506 + 507 + 508, [0131];
a stage assembly (Fig. 1B element 1006, [0088] and Fig. 5A element 702) coupled to the housing (as shown in Fig. 5A) and
a light source assembly (Fig. 4A elements 501, 502, 503, 504, 505 + 506) to emit a beam that is received by the optical assembly, [0125, 0128],
wherein the stage assembly (702) is configured to move the housing (705) along an x- direction and a y direction relative to the flow cell interface held stationary (900), , (“The micro fluorometer 500 can be moved back and forth in the y direction to capture images of several areas of the inner surface 672 of the upper layer 671 of the flow cell 600”, [0125, 0131] to allow the imaging device (705) to capture image data, [0126] of the flow cell cartridge assembly, (the stage 702 moves relative to element 900 that comprise the flow cell interface and allows element 705 to obtains images data from the cartridge assembly, [0112, 0131]).
Even though Ang teaches wherein the stage assembly (702) is configured to move the housing (705) along the x-direction and a y direction relative to the flow cell interface (900) held stationary to allow the imaging device (705) to obtain image data, [0126] from the flow cell cartridge assembly, [0112, 0131]), Ang fail to teach “the stage assembly is configured to move the housing independent from the light source assembly”, since the location of the light source (Fig. 4A elements 501, 502, 503, 504, 505 + 506) is inside the housing (Fig. 5A element 705).
Nevertheless, Ang teaches the radiation can be directed from a radiation source to one, two or more micro fluorometers via one or more optical fibers, [0128], such as the location of the light source can be rearranged outside of the housing and the device would illuminate the micro fluorometers by their optical fibers. Since, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. (see, MPEP 2144.04, VI-C).
Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the light source and the stage assembly perform a known function of generating light beams to obtain image data and is predictable to apply the same mechanism to the light source being independent of assembly movement, in order to satisfy a particular design choice without deviating from the general teaching concept of Chee (see MPEP 2144.04 Section VI-C).
As evidence, Eisfeld related to optical detection of samples and thus from the same field of endeavor teaches the stage assembly (Fig. 11 element 500) motion [0083, 0086] is independent from the light source assembly (Fig. 9 element 305, element 305 is stationary [0050, 0072]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ang by including the stage assembly motion is independent from the light source assembly (as taught by Eisfeld) for several advantages such as: by passing the illumination beam through the fiber optic cable, the illumination laser can be positioned anywhere within the treatment apparatus, thus increasing the device versatility, [0050].
Regarding claim 53, Ang in the combination outlined above teaches the apparatus of claim 52.
Ang further teaches wherein the stage assembly comprises a stage, (Fig. 1B element 1006, [0088] and Fig. 5A element 702, as shown in Fig 5A the stage 702 comprises the x-stage (Fig. 5A elements 706 + 707) and the y-stage (Fig. 5A elements 706 + 707), [0131].
Regarding claim 54, Ang in the combination outlined above teaches the apparatus of claim 53.
Ang further teaches wherein the stage (Fig. 1B element 1006, [0088] and Fig. 5A element 702), comprises an x-stage, (Fig. 5A elements 706 + 707), [0131].
Regarding claim 55, Ang in the combination outlined above teaches the apparatus of claim 53.
Ang further teaches wherein the stage (Fig. 1B element 1006, [0088] and Fig. 5A element 702, comprises a y-stage, (Fig. 5A elements 706 + 707), [0131].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ang et al. (US 2018/0217170 A1), hereafter Ang, in view of Eisfeld et al. (US 2011/0254948 A1), hereafter Eisfeld, and further in view of Buermann et al. (US 2020/0139375 A1, included in IDS on 06/28/2024), hereafter Buermann.
Regarding claim 2, Ang in the combination outlined above teaches the apparatus of claim 1.
Even though Ang teaches an imaging device (Fig. 2 element 108, [0051]), Ang is silent about wherein the imaging device is a time delay and integration (TDI) imaging device.
However, Buermann related to optical detection of samples and thus from the same field of endeavor teaches wherein the imaging device is a time delay and integration (TDI) imaging device, [0086].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ang by including wherein the imaging device is a time delay and integration (TDI) imaging device, (as taught by Buermann) for several advantages such as: the signal obtained by pixel elements along the scan dimension can be collected in a common bin allowing to be read out as a single value. Also the TDI mode can provide advantages of increased signal processing rate and increased accuracy, ([0086], Buermann).
Claim 3, 13, 24-27 is rejected under 35 U.S.C. 103 as being unpatentable over Ang et al. (US 2018/0217170 A1), hereafter Ang, in view of Eisfeld et al. (US 2011/0254948 A1), hereafter Eisfeld, and further in view of Ilkov et al. (US 20220244166 A1), hereafter Ilkov.
Regarding claim 3, Ang in the combination outlined above teaches the apparatus of claim 1.
Ang further teaches wherein the imaging system comprises a waveguide (Optical fiber) coupled to the optical assembly, wherein the waveguide comprises an optical fiber coupled to and between the light source assembly and the optical assembly, ( the optical fiber direct light from the radiation source to one, two or more micro-fluorometers [0128]).
Ang is silent about wherein the housing comprises a waveguide port to which the optical fiber is coupled.
However, Ilkov related to optical detection of samples and thus from the same field of endeavor teaches wherein the housing comprises a waveguide port to which the optical fiber is coupled, (the integrated light interrogation module includes a housing and a fiber optic light conveyor connector that may be attached to the housing to which the optical fiber conveyor is attached, [0042]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ang by including wherein the housing comprises a waveguide port to which the optical fiber is coupled, (as taught by Ilkov) for several advantages such as: the waveguide port “connector” allow to ensure optical alignment with optical elements on the device, such that excitation wavelength light is projected onto the focal spot/flow-cell in an optimal manner, thus increase the device accuracy, ([0042], Ilkov).
Regarding claim 13, Ang in the combination outlined above teaches the apparatus of claim 10.
Ang further teaches wherein the housing further comprises a waveguide port in the first sidewall or the second sidewall, the apparatus further comprising a waveguide (Optical fiber, [0128]), wherein a first end of the waveguide is coupled to the light source assembly, [0128] and a second end of the waveguide is coupled to the waveguide port, wherein the light source assembly is movable (Fig. 4A elements 501, 502, 503, 504, 505 + 506 encompasses the light source assembly, [0125]. relative to the housing, Element 501 is part of the light source assembly and comprise a stage that is actuated in the z dimension to provide independent focus control of the light source assembly, [0080, 0125]) and the waveguide is bendable in two directions, (since the waveguide is an optical fiber, [0128], it’s inherent that the optical fiber is bendable in two directions since the flexibility and bending capacity is an inherent characteristic of an optical fiber).
Ang fail to teach the housing further comprises a waveguide port in the first sidewall or the second sidewall, and a second end of the waveguide is coupled to the waveguide port.
However, Ilkov further teaches a waveguide port in the first sidewall or the second sidewall, and a second end of the waveguide is coupled to the waveguide port, (the integrated light interrogation module includes a housing and a fiber optic light conveyor connector that may be attached to the housing to which the optical fiber conveyor is attached, [0042]). Additionally, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify a waveguide port in the first sidewall or the second sidewall, and a second end of the waveguide is coupled to the waveguide port, (as taught by Ilkov) for several advantages such as: the waveguide port “connector” allow to ensure optical alignment with optical elements on the device, such that excitation wavelength light is projected onto the focal spot/flow-cell in an optimal manner, thus increase the device accuracy, ([0042], Ilkov).
Regarding claims 24-25 and 27, Ang in the combination outlined above teaches the apparatus.
Ang is silent about:
(claim 24) a waveguide and an optical receiver to receive the beam, the waveguide coupled to and between the optical receiver and the optical assembly.
(claim 25) wherein the optical receiver comprises a fiber coupling lens.
(claim 27) wherein the optical receiver includes one or more of: (i) a collimator, (ii) a microlens array, (iii) a diffractive optical element, (iv) a Powell lens, (v) a Lineman lens, (vi) a cylindrical lens, or (vii) an acylindrical lens.
However, Ilkov further teaches:
(claim 24) a waveguide (Fig. 4 element 428) and an optical receiver (Fig. 4 element 440) to receive the beam, the waveguide (Fig. 4 element 428) coupled to and between the optical receiver (Fig. 4 element 427 and/or 440) and the optical assembly (Fig. 4 element 440 and/or 427), [0095-0096].
(claim 25) wherein the optical receiver comprises a fiber coupling lens, (Fig. 4 element 427 is functionally equivalent to a fiber coupling lens as focus the light in to the optical fiber 428), [0096].
(claim 27) wherein the optical receiver(Fig. 4 element 427 and/or 440) includes one or more of: (i) a collimator, (ii) a microlens array, (iii) a diffractive optical element, (iv) a Powell lens, (v) a Lineman lens, (vi) a cylindrical lens, or (vii) an acylindrical lens, , [0034]
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ang by including a waveguide and an optical receiver to receive the beam, the waveguide coupled to and between the optical receiver and the optical assembly, wherein the optical receiver comprises a fiber coupling lens, wherein the optical receiver includes one or more of: (i) a collimator, (ii) a microlens array, (iii) a diffractive optical element, (iv) a Powell lens, (v) a Lineman lens, (vi) a cylindrical lens, or (vii) an acylindrical lens (as taught by Ilkov) for several advantages such as: the device allows to ensure optical alignment with optical elements on the device, such that excitation wavelength light is projected onto the focal spot/flow-cell in an optimal manner, thus increase the device accuracy, ([0042], Ilkov). Also, fiber coupling lens allows to efficiently focus light from a laser or other source into an optical fiber, thus increasing the device efficiency.
Regarding claim 26, Ang in the combination outlined above teaches the apparatus of claim 24, further comprising a second stage, (Fig. 4C, [0127-0128], Ang).
Even though Ang teaches the second stage as shown in Fig. 4C that comprise “couple” an optical fiber configured to direct radiation from the light source to the micro-fluorometers, [0128]. However, Ang it’s silent about an optical receiver coupled to the stage.
However, Ilkov further teaches a stage, [0068] to witch the optical receiver is coupled (Fig. 4 element 427 and/or 440, the optical receiver 423 and/or 442 is coupled to the optical fiber, [0095-0096]. The device comprises a stage configured to adjust one or more components of the light source. Therefore since the light source comprises the combination of the optical fiber and optical receiver, the stage also comprises an optical receiver, [0066-0067]). Additionally, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical fiber of device of Ang by including an optical receiver (as taught by Ilkov) for several advantages such as: the device allows to ensure optical alignment with optical elements on the device, such that excitation wavelength light is projected onto the focal spot/flow-cell in an optimal manner, thus increase the device accuracy, ([0042], Ilkov). Also, fiber coupling lens allows to efficiently focus light from a laser or other source into an optical fiber, thus increasing the device efficiency.
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 CARLOS G PEREZ-GUZMAN whose telephone number is (571)272-3904. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm ET.
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/CARLOS PEREZ-GUZMAN/ Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877
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