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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
With regard to claim 20, the claim is directed to a “computer readable medium”. Claims are given their broadest reasonable interpretation consistent with the specification. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989). The broadest reasonable interpretation of a claim drawn to a computer readable (storage) medium typically covers forms of non-transitory tangible media and transitory propagating signals per se. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007). A claim drawn to such a medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. 101 by adding the limitation “non-transitory” to the claim. Cf. Animals – Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987).
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) 1-5, 13 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu et al. CN 111580261 (citation is from attached machine English translation) in view of Chen et al. US 2020/0209604 and Zuo et al. US 2021/0372916.
Regarding claim 1, Chu teaches a bright-field reflection microscope (Fig. 2 and paras. 0002, 0044, 0067: discloses a microscopic imaging device based on incident illumination/epi-illumination, in which illumination and detection are performed from the dame side of the sample) comprising:
an illumination optical system (para 0010, 0059, 0072 and Fig. 2: a ring light source 10 and a first focusing module 201)
an objective lens (para 0072 and Fig. 2: discloses microscope objective 30) and illuminates a sample with an illumination light (para 0011-0012, 0060-0061 and 0077: light emitted by the ring light source is focused at the back focal plane of the microscope objective, and parallel light emitted from behind the microscope objective obliquely illuminated the sample) among the illumination lights,
a detection optical system that gathers, at a detection unit, a first reflected light from the sample and a second reflected light from an interface of surroundings of the sample via the objective lens (para 0013-0015, 0062-0064, 0074, 0077: discloses that unscattered light reflected from the interface of the sample and backscattered light from the sample are collected by the microscope objective, and the backscattered light from the sample is focused onto the first image acquisition device/camera; and para 0068 further discloses that the interface may be a water-glass interface around the sample); and
wherein the detection unit detects the first reflected light and the second reflected light at each of a plurality of positions with different relative positions to the objective lens and the sample (para 0077, 0082: discloses moving the sample stage to focus the sample and achieve three-dimensional imaging of the scattering channel)
Chu fails to teach: a first member capable of forming a plurality of annular illumination lights having annulus radiuses different from each other and a control unit, detection unit detects the first reflected light and the second reflected light at each of a plurality of positions with different relative positions to the objective lens and the sample by using each of the plurality of annular illumination lights formed by the control unit controlling the first member.
Chen discloses a programmable annular LED illumination microscopy system having an LED array, and teaches that an annular illumination pattern is displayed on the LED array (see para 0015 and Fig. 2), Chen further teaches that the radius of the annular illumination pattern can be changed through reprogramming (see para 0016), and para 0018 further teaches that each LED unit in the LED array can be individually illuminated by programming using for example a microcontroller, ARM or programmable logic device. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to use the programmable annular LED array, because both Chu and Chen concern microscope imaging using annular ring illumination and Chen teaches that programmable LED control makes the annular illumination aperture flexibly adjustable to microscope objectives with different numerical apertures, and improves compatibility and flexibility (see para 0007 of Chen).
However, the combination of Chu and Chen fails to teach: wherein the detection unit detects the first reflected light and the second reflected light at each of a plurality of positions with different relative positions to the objective lens and the sample by using each of the plurality of annular illumination lights formed by the control unit controlling the first member.
Zuo discloses changing LED array coding to provide different illumination pattern and acquiring image stacks at different out-of-focus positions (see para 0007-0012), and further teaches that under each lighting condition, the intensity image stack of the objective at different out-of-focus positions is collected and that for each LED array coded illumination patter, 100 intensity maps are acquired (see para 0022 and Fig. 2). Accordingly, it would have been obvious to one of ordinary skill in the art to further modify the combination of Chu and Chen system so that the detector acquired images at plural axial positions under each selected annular illumination condition, as taught by Zuo, because Zuo teaches that image stacks acquired under different LED-coded illumination conditions re used for three-dimensional microscope reconstruction (see para 0010-0012, 0030, 0034).
Regarding claim 2, the combination of Chu teaches the bright-field reflection microscope according to claim 1, and Chu further teaches wherein the interface is an interface between the sample and a second member contacting the sample (para 0068: discloses that the sample is placed in a petri dish with a glass bottom and that the unscattered light reflected form the interface of the sample refers to the water-glass interface).
Regarding claim 3, the combination of Chu teaches the bright-field reflection microscope according to claim 1, and Zuo further teaches comprising a processing unit that processes a plurality of detection results from the detection unit by using a parameter related to the plurality of annular illumination lights and generates a three-dimensional image of the sample (para 0010, 0030: teaches that four groups of intensity image stacks acquired under different LED-coded illumination conditions are subjected to three-dimensional Fourier transform to obtain 3D spectra under four illumination cases, and the spectra are processed using corresponding three-dimensional phase transfer functions to obtain a 3D scattering potential function, and paras. 0011, 0034: further discloses obtaining a quantitative three-dimensional refractive-index distribution of the measured objective by inverse Fourier transform).
Regarding claim 4, the combination of Chu teaches the bright-field reflection microscope according to claim 2, and Zuo further teaches comprising a processing unit that processes a plurality of detection results from the detection unit by using a parameter related to the plurality of annular illumination lights and generates a three-dimensional image of the sample (para 0010, 0030: teaches that four groups of intensity image stacks acquired under different LED-coded illumination conditions are subjected to three-dimensional Fourier transform to obtain 3D spectra under four illumination cases, and the spectra are processed using corresponding three-dimensional phase transfer functions to obtain a 3D scattering potential function, and paras. 0011, 0034: further discloses obtaining a quantitative three-dimensional refractive-index distribution of the measured objective by inverse Fourier transform).
Regarding claim 5, the combination of Chu teaches the bright-field reflection microscope according to claim 3, and Zuo further teaches wherein the processing unit generates a plurality of image frequencies in a frequency space from the plurality of detection results, processes the plurality of image frequencies by using a value of the parameter, synthesizes a new plurality of image frequencies obtained from a result thereof, and generates a three-dimensional image of the sample (para 0010, 0030: teaches that four groups of intensity image stacks acquired under different LED-coded illumination conditions are subjected to three-dimensional Fourier transform to obtain 3D spectra under four illumination cases, and the spectra are processed using corresponding three-dimensional phase transfer functions to obtain a 3D scattering potential function, and paras. 0011, 0034: further discloses obtaining a quantitative three-dimensional refractive-index distribution of the measured objective by inverse Fourier transform).
Regarding claim 13, the combination of Chu teaches the bright-field reflection microscope according to claim 5, and Zuo further teaches wherein the processing unit synthesizes the new plurality of image frequencies as a phase object or an absorbing object (para 0024: teaches that the absorbance and refractive-index components of the three-dimensional object correspond to the imaginary and real parts of the object’s scattering potential, and para 0030-0032: further teaches Fourier-domain processing of intensity stacks captured under different illumination conditions to obtain the three-dimensional scattering potential function).
Regarding claim 15, the combination of Chu teaches the bright-field reflection microscope according to claim 1, and Chen further teaches wherein the first member is a member in which a space modulation element, an LED light source array, or a plurality of annular aperture patterns having annulus radiuses different from each other are located (Fig. 2 and para 0015: teaches: a programmable annular LED illumination microscope system in which the hardware platform includes an LED array, and an annular illumination patter is displayed on the LED array, see also para 0018).
Regarding claim 16, the combination of Chu teaches the bright-field reflection microscope according to claim 2, and Chen further teaches wherein the first member is a member in which a space modulation element, an LED light source array, or a plurality of annular aperture patterns having annulus radiuses different from each other are located (Fig. 2 and para 0015: teaches: a programmable annular LED illumination microscope system in which the hardware platform includes an LED array, and an annular illumination patter is displayed on the LED array, see also para 0018).
Regarding claim 17, the combination of Chu teaches the bright-field reflection microscope according to claim 3, and Chen further teaches wherein the first member is a member in which a space modulation element, an LED light source array, or a plurality of annular aperture patterns having annulus radiuses different from each other are located (Fig. 2 and para 0015: teaches: a programmable annular LED illumination microscope system in which the hardware platform includes an LED array, and an annular illumination patter is displayed on the LED array, see also para 0018).
Regarding claim 18, the combination of Chu teaches the bright-field reflection microscope according to claim 4, and Chen further teaches wherein the first member is a member in which a space modulation element, an LED light source array, or a plurality of annular aperture patterns having annulus radiuses different from each other are located (Fig. 2 and para 0015: teaches: a programmable annular LED illumination microscope system in which the hardware platform includes an LED array, and an annular illumination patter is displayed on the LED array, see also para 0018).
Regarding claim 19 and 20, these claims recite substantially the same subject matter as claim 1, but in method and program form respectively. In particular claims 19 and 20 recite illuminating a sample using a plurality of annular illumination lights having different annulus radii, gathering reflected light from the sample and reflected light from an interface around the sample via an objective lens, and detecting the reflected light at a plurality of relative positions by using each of the plurality of annular illumination lights. Ad discussed above with respect to claim 1, Chu teaches the reflected light microscope structure, including annular/ring illumination, objective lens illumination, collection reflected light from the same, reflected light from an interface around the sample, and detection four three-dimensional imaging. Chen teaches a programmable annular LED illumination member capable of changing the annular illumination radius by programming. Zuo teaches acquiring image stacks at different axial/out-of-focus positions under each LED coded illumination condition. Therefore, for the same reasons set forth above with respect to claim 1, it would have been obvious to perform the method of claim 19 and to provide the program of claim 20 using the combined teachings of Chu, Chen and Zuo.
Allowable Subject Matter
Claims 6-12 and 14 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.
6. The bright-field reflection microscope according to claim 1, wherein an annulus radius of an annular illumination pupil on a frequency plane corresponding to a two-dimensional plane orthogonal to an optical axis direction of the illumination optical system is defined as (NAill/λ)(i−1)/(M−1), wherein M is a number of the annular illumination pupil, i is any of 1 to M, NAill is a numerical aperture of the illumination optical system, and λ is a wavelength of the illumination light.
7. The bright-field reflection microscope according to claim 2, wherein an annulus radius of an annular illumination pupil on a frequency plane corresponding to a two-dimensional plane orthogonal to an optical axis direction of the illumination optical system is defined as (NAill/λ)(i−1)/(M−1), wherein M is a number of the annular illumination pupil, i is any of 1 to M, NAill is a numerical aperture of the illumination optical system, and λ is a wavelength of the illumination light.
8. The bright-field reflection microscope according to claim 3, wherein an annulus radius of an annular illumination pupil on a frequency plane corresponding to a two-dimensional plane orthogonal to an optical axis direction of the illumination optical system is defined as (NAill/λ)(i−1)/(M−1), wherein M is a number of the annular illumination pupil, i is any of 1 to M, NAill is a numerical aperture of the illumination optical system, and λ is a wavelength of the illumination light.
9. The bright-field reflection microscope according to claim 4, wherein an annulus radius of an annular illumination pupil on a frequency plane corresponding to a two-dimensional plane orthogonal to an optical axis direction of the illumination optical system is defined as (NAill/λ)(i−1)/(M−1), wherein M is a number of the annular illumination pupil, i is any of 1 to M, NAill is a numerical aperture of the illumination optical system, and λ is a wavelength of the illumination light.
10. The bright-field reflection microscope according to claim 5, wherein an annulus radius of an annular illumination pupil on a frequency plane corresponding to a two-dimensional plane orthogonal to an optical axis direction of the illumination optical system is defined as (NAill/λ)(i−1)/(M−1), wherein M is a number of the annular illumination pupil, i is any of 1 to M, NAill is a numerical aperture of the illumination optical system, and λ is a wavelength of the illumination light.
11. The bright-field reflection microscope according to claim 5, wherein the processing unit: i) calculates each three-dimensional aperture Bi(f) by shifting a three-dimensional aperture Ai(f) determined from each annular illumination pupil of the illumination optical system and an imaging pupil of the detection optical system in a predetermined direction by a value of the parameter, wherein i is any of 1 to M and M is a number of annular illumination pupils; ii) calculates a positive-definite function by using the each three-dimensional aperture Bi(f); and iii) extracts a region of the positive-definite function from the plurality of image frequencies calculated from the plurality of detection results.
12. The bright-field reflection microscope according to claim 11, wherein the processing unit calculates the new plurality of image frequencies by shifting the region that has been extracted in a direction opposite to the predetermined direction by a value of the parameter.
14. The bright-field reflection microscope according to claim 13, wherein the processing unit compensates the plurality of image frequencies on a frequency axis corresponding to an optical axis direction of the objective lens by using the plurality of image frequencies not on the frequency axis.
Conclusion
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/EPHREM Z MEBRAHTU/Primary Examiner, Art Unit 2872
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