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 .
DETAILED ACTION
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 07/18/25 has been entered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
2. The drawings filed on 06/20/24. These drawings are acceptable.
Claim Rejections - 35 USC § 103
3. 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 of this title, 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.
4. Claim(s) 1-2, 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rushbrooke et al. (Pat. No. 6,392,241) in view of Liu et al. (U.S. Pat. No. 9,983,127) and further in view of Noeh (U.S. Pub. No. 2021/0103676). Hereafter “Rushbrooke”, “Liu”, “Noeh”.
Regarding Claim(s) 1-2, 4-5, Rushbrooke teaches an apparatus for fiber optic-based fluorescence sensing comprising:
a) an illumination source adapted to generate light for exciting fluorescence (Column 4, lines 63-67; Column 5, lines 1-3, 9-10; Column 10, lines 65-67);
b) illumination path optical elements coupled to the laser illumination source (figure 10; Column 12, lines 48-67; Column 13, lines 1-3),
c) a flexible optical fiber optically coupled to the illumination path optical elements for propagating the excitation photons and receiving the emission photons from fluorescent proteins (figure 10; Column 12, lines 48-67; Column 13, lines 1-3, a flexible optical fiber 120 optically coupled to the illumination path optical elements of sample 118 in wells 110, 112, for propagating the excitation photons and receiving the emission photons from fluorescent proteins of the sample. It is inherent that excitation light contains excitation photons);
d) detection path optical elements optically coupled to the flexible optical fiber (figure 10, camera input 116 window is not different from detection path optical elements optically coupled to the flexible optical fiber 120);
e) a photodetector optically coupled to the detection path optical elements adapted to detect the fluorescence signal at the modulation frequency (column 4, lines 47-54, 62-67; Column 5, lines 1-26); and
f) a signal processor electrically connected to the photodetector adapted to process signals indicative of the detected fluorescence signals (column 5, lines 18-32; Column 15, lines 41-45).
However, Rushbrooke does not teach the laser, the illumination path optical elements comprise an axicon lens adapted to homogenize photon density and directionality, and a dual static/dynamic diffuser adapted to reduce speckle noise by dynamically diffusing the laser beam using a circular oscillation of the diffuser in x-direction and y-direction. Liu teaches the laser (column 6, lines 29-30; Column 7, lines 10-14), axicon lens, (figure 17B, axicon lenses 1, 2, 3; Column 7, lines 10-14). Noeh taches dual static/dynamic diffuser, ([0048], lines 3-11. The limitations to homogenize photon density and directionality and to reduce speckle noise by dynamically diffusing the laser beam using a circular oscillation of the diffuser in x-direction and y-direction are an intended used). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Rushbrooke by having axicon lens in order to collimate the annular illumination pattern (Liu, column 7, lines 8-9), and having dual static/dynamic diffuser in order to project the diffused light onto an object efficiently (Noeh, [0048]).
Further the limitations exciting fluorescence at a modulation frequency of at least 10 kHz with a laser light intensity fluctuation of at least -100 dB noise floor across DC-200 Hz; and the flexible optical fiber has an autofluorescence signal of less than 10 pW, exciting fluorescence at a modulation frequency of at least 100 kHz, a laser light intensity fluctuation of at least 0.005% rms noise floor, the flexible optical fiber has an autofluorescence signal of less than 1 pW, or similar range is well known. It would have been obvious to one having ordinary skill in the art at the time of the invention was made to choose appropriate exciting fluorescence and autofluorescence signal for the benefit of well operated inspection system. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
5. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rushbrooke et al. (Pat. No. 6,392,241) in view of Liu et al. (U.S. Pat. No. 9,983,127), further in view of Noeh (U.S. Pub. No. 2021/0103676), further in view of Axelord et al. (U.S. Pub. No. 2018/0286631). Hereafter “Rushbrooke”, “Liu”, “Noeh”, “Axelord”.
Regarding Claim(s) 3, Rushbrooke, Liu, Noeh, teaches all the limitations of claim 1 as stated above except for a faraday isolator followed by an FC/APC fiber launch to prevent photon back-reflection into the laser cavity. Axelord teaches a faraday isolator followed by an FC/APC fiber, (Figure 5, FC=fiber coupler 504, FI=Faraday isolator 508; [0115]. The limitation to prevent photon back-reflection into the laser cavity is an intended used). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Vaez-Iravani by having oblique angle being about 70 degrees in order to implement inspection system more easily.
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.