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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Chow (US 5112134 A) in view of Molecular Devices (“Spectral Fusion™ Illumination technology for an extended dynamic range on the SpectraMax i3x Multi-Mode Microplate Reader”, Technical Note. Molecular Devices, February 2023, PP 1-4 Available at https://www.moleculardevices.com/sites/default/files/en/assets/app-note/br/spectral-fusion-illumination-technology-for-extended-dynamic-range-on-spectramax-i3x-reader.pdf) .
Chow (US 5112134 A) teaches a detection device (Abstract) comprising: a sensor panel having a detection region provided with a plurality of sensors that are arranged two-dimensionally (Col. 6, lines 52-53: An array of photodetectors 44 is provided on a detector board 46 in the form of a matrix conforming to the positions of the wells located on the sample plate 40) and each of which is configured to detect light and generates an output corresponding to a degree of detected light (Col. 7, lines 3-6: The photodetector 44 senses the intensity of the light passing through the corresponding sample well and produces an electrical output signal proportional to the intensity of light incident on its surface), and a light source having a plurality of point light sources that are arranged in a light emitting region provided corresponding to the detection region (Col. 6, lines 30-37), but fails to disclose each of the point light sources is turned on and the outputs from the sensors are received in first detection processing, each of the point light sources is turned on at a luminance different from the luminance in the first detection processing and the outputs from the sensors are received in second detection processing and the luminance of the point light source in the second detection processing is based on a relation between the luminance of the point light source and the outputs from the sensors in the first detection processing.
However, Modular from the same field of endeavor teaches each of the point light sources is turned on and the outputs from the sensors are received in first detection processing (pre-reads is the first detection processing ) (Page 2: “the SpectraMax i3x reader automatically pre-reads each well to determine the optimal LED intensity required to perform the measurement. During this pre-read, the instrument reads a well at each of the four available LED intensity levels, starting at the lowest level” each point light source LED is turned on at various intensity levels and the sensor outputs (“the reads”) are received and analyzed), each of the point light sources is turned on at a luminance different from the luminance in the first detection processing and the outputs from the sensors are received in second detection processing (each well of the plate is read (the main measurement) corresponding to the to the second detection processing ) (Page 2: “The result is that each well of the plate is read using an excitation with its own optimized LED intensity level.” The point light sources are turned on at a luminance (intensity level) that is different from the levels used during the pre-read (first detection processing)), and the luminance of the point light source in the second detection processing is based on a relation between the luminance of the point light source and the outputs from the sensors in the first detection processing (Page 2: “The optimal LED level is the one that yields maximal signal without saturation while using the PMT at an optimal linear counting range” the system analyzes the relationship between the LED intensity levels (luminance) and the corresponding sensor outputs (signal) obtained during the pre-read (first detection processing), identifies the specific relationship (“yields maximal signal without saturation”) to select optimal LED level. The optimal level, determined from that relationship is then used as the luminance for the main read (second detection processing)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chow by incorporating each of the point light sources is turned on and the outputs from the sensors are received in first detection processing, each of the point light sources is turned on at a luminance different from the luminance in the first detection processing and the outputs from the sensors are received in second detection processing, and the luminance of the point light source in the second detection processing is based on a relation between the luminance of the point light source and the outputs from the sensors in the first detection processing as taught by Modular in order to prevent signal saturation or compromise on data quality (page 3).
Regarding claim 8, Chow, when modified by Modular, teaches the detection device according to claim 1, wherein the sensors are arranged in a matrix having a row-column configuration (Col. 6, lines 52-53: An array of photodetectors 44 is provided on a detector board 46 in the form of a matrix), and each of the sensors is coupled to a scan line for transmitting a scan signal that causes the sensor to generate the output (col. 18, lines 34-65: “the photodetectors are divided into a selected number of blocks… The addressing of individual photodetectors is considerably simplified since the same address is applicable to the selection of any one of the six photodetectors The addressing of individual photodetectors is considerably simplified since the same address is applicable to the selection of any one of the six photodetectors” the system uses address lines that carry scan signal to activate specific sensors. When the system applies an address, it transmits a signal along conductive paths to select corresponding sensors in multiple blocks) and a signal line for transmitting the output from the sensor (col. 9, lines 39-45: the signals are carried via signal lines to the current-to voltage converter).
Regarding claim 9, Chow, when modified by Modular, teaches the detection device according to claim 1, but fails to teach further comprising an irradiation limiting member that limits a path of light reaching the sensor from the point light source, wherein when the point light source and the sensor panel that has the detection region in which the sensors are arranged face each other with a culture medium therebetween, the irradiation limiting member is disposed between the culture medium and the sensor panel.
Chow in another embodiment, teaches further comprising an irradiation limiting member (opaque mask 16) that limits a path of light reaching the sensor from the point light source (Col. 20, lines 27-30: “A microplate or sample tray 14 is usually placed in opaque mask 16 adapted to isolate the sample tray well walls while allowing light to pass through each sample well from top to bottom or vice versa.”), wherein when the point light source (the LED array 8 is above the sample) and the sensor panel (photodetector 6 is positioned below) that has the detection region in which the sensors are arranged face each other with a culture medium therebetween, the irradiation limiting member is disposed between the culture medium and the sensor panel (col. 8, lines 20-40, figs. 8-9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chow by incorporating further comprising an irradiation limiting member that limits a path of light reaching the sensor from the point light source, wherein when the point light source and the sensor panel that has the detection region in which the sensors are arranged face each other with a culture medium therebetween, the irradiation limiting member is disposed between the culture medium and the sensor panel as disclosed by Chow for accurate multi-well measurement.
Allowable Subject Matter
Claims 2-7 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:
Regarding claim 2, the prior art of record ((US 5112134 A) and Molecular Devices (“Spectral Fusion™ Illumination technology for an extended dynamic range on the SpectraMax i3x Multi-Mode Microplate Reader”, Technical Note. Molecular Devices, February 2023, PP 1-4 Available at https://www.moleculardevices.com/sites/default/files/en/assets/app-note/br/spectral-fusion-illumination-technology-for-extended-dynamic-range-on-spectramax-i3x-reader.pdf)), taken alone or in combination, fails to teach or disclose “the photodiode has an anode to which a reference potential is applied and a cathode to which a reset potential is applied, the reset potential is higher than the reference potential, and processing of determining the luminance of the point light source in the first detection processing to cause the outputs from the sensors in the second detection processing to be within a lower limit and an upper limit of an input recognizable by the detection circuit includes processing of changing both the reference potential and the reset potential”
Regarding claim 3, the prior art of record ((US 5112134 A) and Molecular Devices (“Spectral Fusion™ Illumination technology for an extended dynamic range on the SpectraMax i3x Multi-Mode Microplate Reader”, Technical Note. Molecular Devices, February 2023, PP 1-4 Available at https://www.moleculardevices.com/sites/default/files/en/assets/app-note/br/spectral-fusion-illumination-technology-for-extended-dynamic-range-on-spectramax-i3x-reader.pdf)), taken alone or in combination, fails to teach or disclose “the photodiode has an anode to which a reference potential is applied and a cathode to which a reset potential is applied, the reset potential is higher than the reference potential, a configuration that functions as an electrical resistor is interposed between each of the sensors and the detection circuit, a current source that is configured to provide a bias current is coupled to a coupling path between the electrical resistor and the detection circuit, and processing of determining the luminance of the point light source in the first detection processing to cause the outputs from the sensors in the second detection processing to be within a lower limit and an upper limit of an input recognizable by the detection circuit includes processing of changing the bias current.”
Regarding claim 4, the prior art of record ((US 5112134 A) and Molecular Devices (“Spectral Fusion™ Illumination technology for an extended dynamic range on the SpectraMax i3x Multi-Mode Microplate Reader”, Technical Note. Molecular Devices, February 2023, PP 1-4 Available at https://www.moleculardevices.com/sites/default/files/en/assets/app-note/br/spectral-fusion-illumination-technology-for-extended-dynamic-range-on-spectramax-i3x-reader.pdf)), taken alone or in combination, fails to teach or disclose “the sensors are coupled to a detection circuit that is configured to receive the outputs of the sensors, and the luminance of the point light source in the second detection processing is set based on a shift amount between a state where the outputs of the sensors in the first detection processing are equal to or greater than an upper limit of an input recognizable by the detection circuit and a state where the outputs of the sensors are less than the upper limit of the input recognizable by the detection circuit”
Claims 5-7 are allowable due to dependency to claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Tille (US 20240251151 A1).
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/MOHAMED DOUMBIA/ Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877