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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 8-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hufnagel et al. (Patent Pub. No. US 2016/0377852 A1).
Regarding claim 1, Hufnagel et al. shows in Fig. 3 a fluorescent filter block assembly comprising: one housing (10); two or more fluorescent filter sets (38, 50, 42) built into the housing; and a light source (40) assembled to the housing to provide lighting ([0033] – [0034]).
Regarding claim 2, Hufnagel et al. shows in Fig. 3 the fluorescent filter block assembly of claim 1, wherein the fluorescent filter block assembly does not use a carriage.
Regarding claim 8, Hufnagel et al. shows in Fig. 3 the fluorescent filter block assembly of claim 1, wherein the fluorescent filter set includes three fluorescent components including an excitation filter (38), a dichroic beamsplitter (50), and an emission filter (42).
Regarding claim 9, Hufnagel et al. shows in Fig. 3 the fluorescent filter block assembly of claim 1, wherein the light source (40) is fixed to a light module (35), in which the light module is assembled to one side of each fluorescent filter set (38, 50, 42) of the housing.
Regarding claim 10, Hufnagel et al. shows in Fig. 3 the fluorescent filter block assembly of claim 1, wherein at least one condensing lens (37) is further installed between the light source (40) and the fluorescent filter set (38, 50, 42).
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(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hufnagel et al. (Patent Pub. No. US 2016/0377852 A1) in view of Jo et al. (Patent Pub. No. US 2012/0313008 A1).
Regarding claims 3-7, Hufnagel et al. shows in Fig. 3 the fluorescent filter block assembly of claim 1, but does not disclose the housing includes a driving unit, in which the driving unit enables automatic positioning of the two or more fluorescent filter sets, the driving unit includes: a driving source fixed to the housing; and a guide for controlling and guiding an operation of the driving source, the driving source is a driving motor, a linear motor, a piezoelectric motor, a solenoid actuator, or a voice coil, the guide is a sliding guide for linear movement and the housing further includes a sensor for detecting a position of the housing. Jo et al. discloses the housing includes a driving unit (115), in which the driving unit enables automatic positioning of the two or more fluorescent filter sets, the driving unit includes: a driving source fixed to the housing; and a guide (rail) for controlling and guiding an operation of the driving source, the driving source is a driving motor, a linear motor, a piezoelectric motor, a solenoid actuator, or a voice coil, the guide is a sliding guide for linear movement and the housing further includes a sensor for detecting a position of the housing ([0057] – [0058]). It would have been obvious to one of ordinary skill in the art to provide the driving unit of Jo et al. on the device of Hufnagel et al. for the purpose of automatic focusing.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hufnagel et al. (Patent Pub. No. US 2016/0377852 A1) in view of Norris et al. (Patent Pub. No. US 2017/0013186 A1).
Regarding claim 11, Hufnagel et al. shows in Fig. 3 the fluorescent filter block assembly of claim 1, but does not disclose the fluorescent filter block assembly further includes one brightfield channel, in which the brightfield channel is built into the housing. Norris et al. discloses the fluorescent filter block assembly further includes one brightfield channel, in which the brightfield channel is built into the housing ([0006]). It would have been obvious to one of ordinary skill in the art to provide the bright field mode of Norris et al. on the device of Hufnagel et al. for the purpose of rapid image acquisition.
Regarding claim 12, Hufnagel et al. shows in Fig. 3 a fluorescent filter block assembly for a fluorescence imaging optical system, the fluorescent filter block assembly comprising: one housing (10); one fluorescent filter set; and a light source (40) assembled to the housing to provide lighting, wherein the fluorescent filter set includes three fluorescent components consisting of an excitation filter (38), a dichroic beamsplitter (50), and an emission filter (42), in which the three fluorescent components are sequentially arranged in order of the excitation filter, the dichroic beamsplitter, and the emission filter based on the light source ([0033] – [0034]). Hufnagel et al. does not disclose two fluorescent filter sets and one brightfield channel built into the housing. It should be noted that mere duplicating an element (fluorescent filter set) is ordinary skill in the art. Norris et al. discloses the fluorescent filter block assembly further includes one brightfield channel, in which the brightfield channel is built into the housing ([0006]). It would have been obvious to one of ordinary skill in the art to provide the bright field mode of Norris et al. on the device of Hufnagel et al. for the purpose of rapid image acquisition.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hufnagel et al. (Patent Pub. No. US 2016/0377852 A1) in view of Jo et al. (Patent Pub. No. US 2012/0313008 A1) and Norris et al. (Patent Pub. No. US 2017/0013186 A1).
Regarding claim 13, Hufnagel et al. shows in Fig. 3 a fluorescent filter block assembly comprising: one housing (10); one fluorescent filter set; and a light source (40) assembled to the housing to provide lighting, wherein the fluorescent filter set includes three fluorescent components consisting of an excitation filter (38), a dichroic beamsplitter (50), and an emission filter (42), in which the three fluorescent components are sequentially arranged in order of the excitation filter, the dichroic beamsplitter, and the emission filter based on the light source. Hufnagel et al. does not disclose two fluorescent filter sets and one brightfield channel built into the housing and the housing includes a driving unit, in which the driving unit includes a driving motor as a driving source and a sliding guide as a guide, and enables automatic positioning of the two fluorescent filter sets. Jo et al. discloses the housing includes a driving unit (115), in which the driving unit includes a driving motor as a driving source and a sliding guide (rail) as a guide, and enables automatic positioning of the two fluorescent filter sets ([0057] – [0058]). It should be noted that mere duplicating an element (fluorescent filter set) is ordinary skill in the art. Norris et al. further discloses the fluorescent filter block assembly further includes one brightfield channel, in which the brightfield channel is built into the housing ([0006]). It would have been obvious to one of ordinary skill in the art to provide the driving unit of Jo et al. and the bright field mode of Norris et al. on the device of Hufnagel et al. for the purpose of automatic focusing and rapid image acquisition.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Levin et al. (Patent Pub. No. US 2012/0133756 A1) discloses an upright fluorescence microscope having excitation, emission, and imaging optics and sensor integrated into a short light path in a single compact assembly.
Nagano et al. (Patent No. US 6262837 B1) discloses a fluorescent microscope to observe a specimen dyed with a plurality of fluorescent dyes.
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/SEUNG C SOHN/Primary Examiner, Art Unit 2878