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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/10/2025 and 07/24/2024 were both being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. However, examples of claim language, although not exhaustive, that may raise a question as to the limiting effect of the language in a claim are "adapted to" or "adapted for" clauses, see MPEP § 2111.04, § 2143.03 and § 2173.05(d).
The determination of whether each of these clauses is a limitation in a claim depends on the specific facts of the case. See, e.g., Griffin v. Bertina, 285 F.3d 1029, 1034, 62 USPQ2d 1431.
In In re Giannelli, 739 F.3d 1375, 1378, 109 USPQ2d 1333, 1336 (Fed. Cir. 2014), the court found that an "adapted to" clause limited a machine claim where "the written description makes clear that 'adapted to,' as used in the [patent] application, has a narrower meaning, viz., that the claimed machine is designed or constructed to be used as a rowing machine whereby a pulling force is exerted on the handles.
Claims 1 – 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 3, 5 and 7 – 9, the phrase "adapted to " renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2111.04, § 2143.03 and § 2173.05(d).
Claims 2 and 4 are rejected based on there dependency to claim 1.
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 and 10 – 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huser et al (DE 102018131217 A1) in view of Betzig et al (US Pub. No. 2013/0286181 A1).
With regards to claim 1, Huser discloses a light imaging device 1 (Figure 1) [0007], [0008], [0026] adapted to analyze a sample comprising:
a light source 4 adapted to emit a spatially coherent light beam (i.e. a monochromatic light beam, which is provided, for example, by a laser 4, is split into two coherent partial beams 10 by the fiber optic splitting element 2) [0026] – [0032];
an optical relay element 9 adapted to focus said light beam in a focal plane 11 [0026];
a lens system 12/13 having a back focal plane 11 at said focal plane, said lens system being adapted to collimate said light beam, forming a collimated light beam 10 [0026], [0027];
a sample holder (i.e., an example is at least a usually dye-labeled) adapted to form [0003], adapted to hold said sample at a sample plane (i.e., SIM fluorescence context) such that said collimated light beam illuminated the sample, triggering an emission of a sample light (i.e., probe excited to fluorescence emission; camera records images) [0003], [0007], [0008], [0034] – [0036], (Figures 7a – 7c);
a sensitive camera capturing images of the fluorescent sample light, wherein the sample was exposed to an illumination pattern, i.e., a pixelated photodetector can be said to be implied by “highly sensitive camera” in microscopy but nonetheless is not expressly disclosed [0003].
Huser further discloses an optical module 1 [0026] (Figure 1), wherein
the optical module 1 comprises an input fiber 3, which is divided into two fiber arms 5 by a fiber optic splitting element 2 [0026] (Figure 1);
a monochromatic light beam, which is provided, for example, by a laser 4, is split into two coherent partial beams 10 by the fiber optic splitting element 2. The fiber optic splitting element 2 can, for example, be a 1x2 fiber splitter. Furthermore, the optical module 1 includes an optical telescope 9 with which the coherent partial beams 10 can be focused into the rear focal plane 11 of a microscope objective 12. The microscope objective 12 includes at least one objective lens 13 with which the partial beams 10 are collimated and superimposed in the focal plane, thereby creating an interference pattern [0026] (Figure 1).
Additionally, Huser discloses a splitter 2; a phase modulator 23 in a fiber arm {Figure 2) [0027], interference patterns 28/30/31 (Figures 7a -7c) [0034] and scanning/shift within exposure, see galvo mirror 15 addressing fiber pairs 6 – 8 (Figure 3a) [0029] and switching among outputs [0032].
Huser fails to expressly disclose a pixelated photodetector adapted to acquire an image of said sample light with a predetermined frame exposure time;
wherein said device also comprises, placed optically upstream of said optical relay element, on an optical path of said light beam;
a light structuring element adapted to form, from said light beam, a plurality of sub-beams focused in said back focal plane and interfering at the sample plane, forming an interference pattern;
a scanning element adapted to induce a plurality of controllable shifts of a position of said sub beams at said sample plane, within said frame exposure time, such that each controllable shift is identical for said sub-beams and such that an average of said sub-beams at the sample plane over said frame exposure time corresponds to said interference pattern, projected homogeneously over a predetermined field of view.
Betzig relates to microscopy and, in particular, to structured plane illumination microscopy (Abstract).
Betzig teaches an apparatus, see FIG. 1, a microscopy system 100, wherein the system includes a beam-forming lens 102, external to imaging optics, which includes an objective 104, to illuminate the portion of a specimen in the vicinity of the focal plane 106 of the objective. In one implementation, the lens 102 that provides illumination or excitation light to the sample is a cylindrical lens that focuses light in only one direction, thereby providing a beam of light 108 that creates a sheet of light coincident with the objective focal plane 106. A detector 110 then records the signal generated across the entire illuminated plane of the specimen. Because the entire plane is illuminated at once, images can be obtained very rapidly [0006] – [0007].
Betzig also teaches that detector integration time/exposure and dithering during integrations, in addition to dithering/time averaging over detector integration time and [0097], [0102], [0119] – [0122].
In view of the utility, to improve the imaging device to create clearer generating illumination patterns with structured illumination, it would be obvious to a person of ordinary skill in the art at the time the invention was made to modify Huser to include the teachings such as that taught by Betzig.
With regards to claim 10, Huser modified discloses the claimed invention according to claim 1 and further wherein the optical telescope is configured to focus the partial beams into the rear focal plane of an objective of a microscope, wherein the objective comprises an objective lens, wherein the objective lens is configured to collimate the at least two partial beams and to generate an interference pattern by superimposing the partial beams [0007].
Huser also teaches a galvanometric mirror 15 for steering light into fibers [0028] and digital micromirror systems 16 as alternate steering mechanism [0029] (Figures 3a and 3b).
Betzig teaches using spatial light modulator/micromirror to generate structured illumination and beam steering and phase shifting mechanisms and explicit us of relay optics to project patterns (See the rejection of claim 1) [0126] – [0131] (Figure 19). Notice that Betzig confirms the stand architecture of SIM system and includes the use of relay optics to maintain proper Fourier conjugation [0070], [0097], [0111], [0126] -[0131] (Claim 6).
Huser modified (including Betzig) fail to expressly the scanning element is arranged in a plane optically conjugated with said back focal plane. The examiner takes Official Notice of the position of the scanning mirrors relative to the objective must be positioned in a plane optically conjugated to the focal plan in order to preserve angular mapping and produce controlled interference patters at the sample. This is standard textbook optical design knowledge.
In view of the utility, to preserve angular mapping, maintain interference pattern integrity and avoid spatial beam distortion, it would be obvious to a person of ordinary skill in the art at the time the invention was made to modify Huser already modified to include the teachings of the scanning parts be arranged in a plane optically conjugated with said back focal plane such that that is well known and conventional in the art.
With regards to claim 11, Huser discloses the sample is fluorescent and the collimated light beam triggers an emission of a fluorescent light by the fluorophores of the sample (i.e., the objective lens is configured to collimate) [0026], [0034, said fluorescent light being said sample light [0003], [0010], [0027], [0033] – [0035].
With regards to claim 12, see the rejection of claim 1.
With regards to claim 13, Huser modified discloses comprising an additional step consisting in modifying the fringes of said interference pattern a plurality of times and for6each time, repeating steps of inducing a plurality of controllable shifts of a position and acquiring an image with the pixelated photodetector to acquire an image of said sample light associated with the modified fringes (i.e., see phase modulator 23 shifts phase/fringes; multiple orientations/phase shifts with camera imaging and also the phase modulator in one arm to adjust phase, shift fringes, and fast switching to cycle patterns) [0007], [0027] – [0028], [0034] – [0037] (Figure 2) (Figures 7a -7c).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huser et al (DE 102018131217 A1) and Betzig et al (US Pub. No. 2013/0286181 A1) in view of Shroff et al. (US Pub. No. 2016/0238827 A1).
With regards to claim 2, Huser modified discloses the claimed invention according to claim 1, and further in Fig. 3 b) is the embodiment according to Fig. 3 a) shown, wherein a digital micromirror system 16, (digital mirror device - DMD), placed upstream, is used for supplying the laser light to the fiber coupling units 17 [0029].
Huser fails to expressly disclose that said light structuring element is a digital micromirror device or a spatial light modulator placed optically downstream after said scanning element.
Shroff relates to multi-focal structured illumination microscopy, and in particular, to multi-focal structured illumination microscopy systems and methods for producing a plurality of multi-focal fluorescent emissions resulting from multi-focal patterns of a sample (Abstract).
Referring to FIG. 4, Shroff discloses a multi-focal SIM system 200 for generating a multi-focal pattern 223 may include an illumination source 201 that generates a single light beam 203 that is transmitted through a beam expander 205 that produces an expanded single light beam 203, which is reflected off a beam steering mirror 207 for performing the scanning operation 204 that scans the expanded light beam 203 onto a beam splitter 209, for example a commercially available digital micromirror device (DMD) or a swept field confocal unit. In some embodiments, the DMD generates and switches multi-focal patterns 223 with each focal point being an illuminated spot on the multi-focal pattern 223 [0048] – [0050].
Notice how each illumination spot is created by a single DMD mirror pixel being in the ON position such that a portion of the expanded light beam 203 is reflected off the single DMD mirror pixel. The beam splitter 209 performs the illumination pattern generation operation 202 that splits the expanded light beam 203 being scanned into a plurality of expanded light beams 203A that collectively form a sequence of multi-focal patterns 223. The plurality of expanded light beams 203A for each multi-focal pattern 223 is passed through a first tube lens 211 to pass directly through a dichroic mirror 213 along a direction A [0048] – [0050].
In view of the utility, to improve the imaging device to create clearer generating illumination patterns with structured illumination in addition to producing a multi-focal operation without sacrificing scanning speed, it would be obvious to a person of ordinary skill in the art at the time the invention was made to modify Huser to include the teachings such as that taught by Shroff.
Claim(s) 3 – 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huser et al (DE 102018131217 A1) and Betzig et al (US Pub. No. 2013/0286181 A1) in view of Ouchi (US Pub. No. 2014/0104407 A1).
With regards to claim 3, Huser modified discloses the claimed invention according to claim 2, and further an optical module 1, see Fig. 2, including a fiber optic splitting element 2 comprises an input fiber 3, wherein the input fiber 3 is split into two fiber arms 5. The fiber optic splitter element can, for example, be a 1x2 fiber splitter. A monochromatic light beam provided by a laser 4 is split into two coherent partial beams 10 by the fiber optic splitting element 2. A fiber arm 5 is connected to a phase modulator 23. The phase modulator 23 can in particular be an electro-optic phase modulator 23. With such a phase modulator 23, the phase of the light in this fiber can be freely adjusted (or delayed) [0027].
Huser fails to expressly disclose that said light said light structuring element comprises a beam splitter adapted to split said light beam into said sub-beams, a phase delay element placed in an optical path of at least one sub-beam, adapted to induce a controlled phase shift to said at least one sub-beam, thus forming a so-called phase-shifted sub-beam and shifting the fringes of said interference pattern.
Ouchi relates to a structured illumination optical system and a structured illumination microscope device (Abstract). Ouchi also teaches the missing limitations, see the beam splitter unit 64 and phase plate 68 in figure 10 [0071] – [0086].
In view of the utility, to improve the imaging device to create clearer generating illumination patterns with structured illumination as needed, it would be obvious to a person of ordinary skill in the art at the time the invention was made to modify Huser to include the teachings such as that taught by Ouchi.
With regards to claim 4, Huser modified discloses said light structuring element also comprises a plurality of optical fiber elements 6-7-8, each optical fiber element 6-7-8 being adapted to guide a respective sub-beam to a so-called downstream end of said optical fiber element 6-7-8, wherein the downstream ends (i.e., see the ends of the fiber pairs 6-7-8) are arranged in a pupil plane of said microscope device, optically conjugated to said back focal plane 11 [0007], [0008], [0017], [0033] (Figure 6).
With regards to claim 5, Huser modified discloses the claimed invention according to claim 4 and further zoom-telescope adjust beam orientation -interference spacing [0012], [0028].
Absent some degree of criticality, Huser modified fail to expressly disclose that the recitations of a double telecentric zoom in the optical path of said sub-beams, adapted to form a magnified image of said pupil plane, and wherein a controlled change of a magnification of said zoom changes a distance A between each sub- beams at said back focal plane. The examiner takes Official Notice that in optical engineering that double telecentric zoom are routinely used in microscopy relay optics to maintain pupil location and angular fidelity during magnification changes.
As such, in view of the utility, to maintain pupil location and angular fidelity during magnification changes, it would be obvious to a person of ordinary skill in the art at the time the invention was made to modify Huser to include the teachings such as that that is well known and routine in the art.
With regards to claim 6, Huser discloses said phase delay element 23 is a fiber phase-shifter connected to the optical fibers (i.e., see fiber arm 5) element or elements guiding said phase-shifted sub-beam [0027] (Figure 2).
With regards to claim 7, Huser discloses said beam splitter 2 is adapted to split said light beam into two sub-beams (i.e., see the 1x2 fiber splitter splitting the beam into two coherent partial beams, two sub-beams) [0026] – [0027] (Figure 1).
With regards to claim 8, Huser discloses said beam splitter is adapted to split said light beam into at least three (See fibers 3/ fiber pairs 6-7-8, wherein the diffraction grating producing multiple diffracted beams including three orientations achieved via splitting and switching [0016], [0028] – [0029], [0039] (Figures 2a & 2b).
With regards to claim 9, Huser discloses at least two of the optical fiber elements each comprises a primary optical fiber guiding a respective sub-beam a controllable fiber switch connected to the primary optical fiber a plurality of secondary optical fibers each with a downstream aperture arranged in said pupil plane, said controllable fiber switch being adapted to couple said respective sub-beam into one among said plurality of secondary optical fibers, called chosen fiber, wherein the downstream aperture of said chosen fiber forms said downstream end of the optical fiber element (i.e., notice the incoming and outgoing is taught rather than primary or secondary and also realize the fiber-MEMS switch wherein said switch between outgoing fibers) [0017], [0027], [0032] (Figures 5a/5b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DJURA MALEVIC whose telephone number is (571)272-5975. The examiner can normally be reached M-F (9-5).
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/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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