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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,099,178. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims are anticipated by the reference claims.
Application 18/814985
US Patent # 12099178
1. A method of improving focus of an image, said method comprising:
scanning a sample on a sample stage along a scan axis; detecting with a camera light emissions (bioanalytical instrument) from the sample; and
automatically adjusting a position or orientation of the camera with an electromechanical component along a polar angle formed between the z axis and the normal vector of the scan axis to increase convergence of the light emissions.
1. An imaging system, comprising:
a base platform;
a camera mounted on the base platform;
at least one electromechanical component coupled to the base platform, the electromechanical component configured to adjust a position or orientation of the camera relative to a sample stage of a bioanalytical instrument to correct for tilt of an image plane of the camera relative to a sample of the sample stage;
wherein the sample stage translates in an xy plane, and the at least one electromechanical component automatically moves the camera along a polar angle formed between the Z axis and the normal vector of the xy plane.
2. The method of claim 1, wherein the camera comprises a complementary metal–oxide–semiconductor (CMOS) array, a charge-coupled device (CCD) array, or a CCD-CMOS sensor array.
2. The imaging system of claim 1, wherein the camera comprises a complementary metal-oxide-semiconductor (CMOS) array, a charge-coupled device (CCD) array, or a CCD-CMOS sensor array.
3. The method of claim 1, wherein the camera is mounted on a platform, and the electromechanical component comprises at least one motor attached to the platform.
3. The imaging system of claim 1, wherein the at least one electromechanical component comprises at least one motor attached to the base platform.
4. The method of claim 3, wherein the electromechanical component comprises an electrically actuated motor.
6. The imaging system of claim 1, wherein the at least one electromechanical component comprises at least one electrically actuated motor attached to the base platform.
5. The method of claim 3, wherein the motor is a stepper motor, piezo motor, brushless motor, hysteresis motor, linear motor, or a servomotor.
4. The imaging system of claim 3, wherein the at least one motor is a stepper motor, piezo motor, brushless motor, hysteresis motor, linear motor, or a servomotor.
6. The method of claim 5, wherein the stepper motor includes an integrated ball spline.
5. The imaging system of claim 4, wherein the stepper motor includes an integrated ball spline.
7. The method of claim 1, wherein the electromechanical component comprises at least one camera focus and tilt motor configured to positionally adjust the camera so that the camera can focus on imaging a region of interest.
7. The imaging system of claim 1, wherein the at least one electromechanical component comprises at least one camera focus and tilt motor configured to positionally adjust the camera so that the camera can focus on imaging a region of interest.
8. The method of claim 1, wherein the camera defines a tip/tilt plane that is coincident with an image plane of the camera.
8. The imaging system of claim 1, wherein the imaging system defines a tip/tilt plane that is coincident with an image plane of the camera.
9. The method of claim 3, wherein the platform is independently movable relative to the sample stage.
9. The imaging system of claim 1, wherein the base platform is movable relative to the sample stage.
10. The method of claim 1, wherein the sample stage is capable of translating in an xy plane, and the camera is capable of moving along a polar angle formed between the z axis and the normal vector of the xy plane.
10. The imaging system of claim 1, wherein the sample stage is capable of moving independently relative to the sample stage base platform.
11. The method of claim 1, wherein the electromechanical component automatically moves the camera upward or downward adjust the camera to an optimal focal plane.
11. The imaging system of claim 1, wherein the at least one electromechanical component automatically moves the camera upward or downward to allow for adjusting the camera to an optimal focal plane.
12. The method of claim 1, wherein the electromechanical component is configured to automatically rotate the camera.
12. The imaging system of claim 1, wherein the at least one electromechanical component is configured to rotate the camera.
13. The method of claim 12, wherein the electromechanical component rotates the camera to adjust the camera to an optimal focal plane.
13. The imaging system of claim 1, wherein the at least one electromechanical component rotates the camera to allow for adjusting the camera to an optimal focal plane.
14. The method of claim 1, wherein the sample is within a flow cell or a multiwell container.
14. The imaging system of claim 1, wherein the sample stage further comprises a flow cell or a multiwell container.
15. The method of claim 1, wherein the camera forms part of an imaging system comprising one or more lenses, a beam splitter, one or more pinhole apertures, excitation filter, or combinations thereof.
15. The imaging system of claim 1, wherein the camera further comprises one or more lenses, a beam splitter, one or more pinhole apertures, excitation filter, or combinations thereof.
16. The method of claim 15, wherein the electromechanical component moves the one or more lenses upward or downward adjust the camera to an optimal focal plane.
16. The imaging system of claim 15, wherein the at least one mechanical component moves the one or more lenses upward or downward to allow for adjusting the camera to an optimal focal plane.
17. The method of claim 1, wherein the camera is component of a bioanalytical instrument comprising a light source and an integrated fluidic system of one or more interconnected chambers, ports, and channels in fluid communication and configured for carrying out an analytical reaction or processes.
17. The imaging system of claim 1, wherein the bioanalytical instrument further comprises a light source and an integrated fluidic system of one or more interconnected chambers, ports, and channels in fluid communication and configured for carrying out an analytical reaction or processes.
18. The method of claim 1, wherein the sample comprises one or more fluorescently labeled biomolecules.
19. The method of claim 18, wherein the sample comprises one or more fluorescently labeled biomolecules.
Claims 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1 of U.S. Patent No. 12,099,178 (Baranson) in view of Sugiyama (US Patent Pub. # 2021/0088446).
As to claim 19, note the discussion above in regards to claim 1. Baranson does not teach wherein the light emissions comprise transmitted light emissions. Sugiyama teaches wherein the light emissions (first optical filter 20A) comprise transmitted light emissions (fluorescent light J1) (Para 41). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a first optical filter as taught by Sugiyama to the imaging system of Baranson, to provide the analysis area can be specified with sufficient accuracy (Para 18 of Sugiyama).
As to claim 20, Sugiyama teaches wherein the light emissions (second optical filter 20B) comprise scattered light emissions (scattered light J2) (Para 41).
Conclusion
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/CHRISTOPHER K PETERSON/Primary Examiner, Art Unit 2637 2/5/2026