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 .
PRELIMINARY AMENDMENT
The Examiner acknowledges the preliminary amendments filed on 09/20/2024 and examined the claims accordingly.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 5, 7, 8, 14, 16 and 17 are objected to because of the following informalities:
Claims 5, 7, 8, 14, 16 and 17 recite “N”. Please define N (e.g., integer). Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
A rejection on this statutory basis (35 U.S.C. 102(g) as in force on March 15, 2013) is appropriate in an application or patent that is examined under the first to file provisions of the AIA if it also contains or contained at any time (1) a claim to an invention having an effective filing date as defined in 35 U.S.C. 100(i) that is before March 16, 2013 or (2) a specific reference under 35 U.S.C. 120, 121, or 365(c) to any patent or application that contains or contained at any time such a claim.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 – 6 and 10 – 15 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Shroff et al. (US 20140126046 A1; hereafter referred to as Shroff).
Regarding Claim 1, Shroff teaches, the device for observing and for acquiring images of biological samples comprising:
- a supporting element configured for housing a support for biological samples (Shroff, Fig. 1, sample 15, [0014] a base engaged to a translation stage and a sample stage, the translation stage being adapted to move in the z direction and the sample stage being adapted to move a sample in the x-y-z directions relative to the base; Shroff, [0015] a mount engaged to the translation stage for moving the mount in the z direction, the mount defining a mount body, the mount further including a first objective engaged to one portion of the mount body”; Shroff, [0042] “ FIGS. 1 and 2, the converted microscope, designated 10, may include a microscope base 33 having a three-dimensional translational sample stage 32 engaged to an objective translational stage 31 in which a conversion module 12; Fig. 11 sample 125, translation stage 132);
- at least a first camera oriented toward the supporting element and configured for framing at least a portion of the supporting element and/or, in use, at least a predefined portion of the support when housed on the supporting element, from a first point of observation and at least along a first inclined main direction of observation, wherein said predefined portion of the support comprises, in use, a biological sample (Shroff, [0043] “a mirror 52, for example a galvometric mirror, may be engaged to the first arm 20 of the mount 14 for sheets of light from a selective plane illumination microscopy (SPIM) arrangement 38 to the excitation objective 16 for illuminating the sample 15 to generate a fluorescence, while another mirror 72 may be engaged to the second arm 22 for directing detected fluorescence transmitted through the detection objective 18 for detection by a camera 50 for capturing one or more images of the fluorescence”; Shroff, [0048] “the converted microscope 10 may further include a conventional detection objective arrangement 34 in combination with a detection camera 36 used to detect the illumination of a sample 15 by means other than selective plane illumination microscopy”; );
- at least a first optical radiation source configured for irradiating at least said predefined portion of the support from a first irradiation direction, in such a way that, in use, at least a predefined portion of the biological sample is irradiated through the optical radiation of the first optical radiation source (Shroff, [0042] “ FIGS. 1 and 2, the converted microscope, designated 10, may include a microscope base 33 having a three-dimensional translational sample stage 32 engaged to an objective translational stage 31 in which a conversion module 12 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 10”; [0043] “selective plane illumination microscopy (SPIM) arrangement 38 to the excitation objective 16 for illuminating the sample 15 to generate a fluorescence);
- an actuator, in particular a motor, configured for moving of the supporting element and the support housed therein with respect to at least the first camera and/or for moving of the first camera with respect to the supporting element and to the support when housed therein (Shroff, [0046] “the sample stage 32 may include various components capable of moving the sample stage 32 in the x-y-z directions such that three dimensional translational movement of the sample 15 relative to the stationary base 33 may be achieved. In addition, the objective translational stage 31 may be directly or indirectly coupled to the mount 14 and is capable of moving the excitation objective 16 and detection objective 18 in the z direction (e.g., upward or downward movement relative to the base 33)”; Shroff, Fig. 11, a three-dimensional translational stage 132, Shroff, [0052] “the converted microscope 100 may include a microscope base 133 having a three-dimensional translational stage 132 engaged to an objective translational stage 131 in which a conversion module 112 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 100 in which a processor (not shown) receives detected sequential images”);
the device being configured for activating at least the first camera and the actuator to generate, preferably during the movement of the supporting element and of the support and/or of the first camera by the actuator, at least a first main image and at least a first auxiliary image relating to a same first predefined portion of said support or of said biological sample, said first main image being acquired at least by said first camera along said first main observation direction, and said first auxiliary image being acquired from an auxiliary observation direction coplanar to said first observation direction and symmetrically arranged with respect to a vertical axis perpendicular to a horizontal plane of said supporting element and/or of said support for biological samples (Shroff, Fig. 11, [0055] “the converted microscope 100 produces an alternating sequence of images based on the alternating sequence of fluorescent emissions 122 and the fluorescent emissions 124 detected by the first and second sensors 105 and 107 as the sample 125 is illuminated in alternating sequence by the first and second light sources 101 and 103”; image generated by first sensor 105 is interpreted as first image and image generated by second sensor 107 is interpreted as auxiliary image).
Regarding Claim 2, Shroff teaches, the device according to claim 1, configured for generating the first auxiliary image in a time instant different from a time instant wherein the first main image is generated, and wherein:
- the device is configured for generating the first main image and the first auxiliary image through the first camera, and wherein the first auxiliary image is generated after a movement of the first camera or of the support making said first camera assume said auxiliary observation direction with respect to the support (Shroff, [0064] “a comparison was made between maximum intensity projections at indicated time points (measured relative to fertilization) shown in FIG. 5A, while another comparison was made between individual image slices in the z direction for the time point outlined in red in corresponding images (FIG. 5A) as shown in FIG. 5B”); [0065] The images of FIG. 6 were taken from the same dataset used to generate the images of FIGS. 5A and 5B with the time points being measured relative to fertilization, i.e., when the zygote is formed and development of the organism begins”) or
- the device comprises a second camera oriented towards the supporting element and configured for framing at least said portion of the supporting element and/or, in use, at least said predefined portion of the support when housed on the supporting element , from a second observation point and at least along said inclined auxiliary observation direction, and wherein the device is configured for generating the first main image through the first camera and the first auxiliary image through the second camera, preferably wherein the first main image and the first auxiliary image are generated at a same time instant (Fig. 11, camera 105 and camera 107 ).
Regarding Claim 3, Shroff teaches, the device according to claim 1, wherein the actuator is configured for rotating the supporting element and the support when housed therein, around a rotation axis, preferably centered on said supporting element and/or on said support, and wherein the device is configured for activating the first camera and the actuator, for generating said at least a first main image, during the rotation of the supporting element and of the support by the actuator (Shroff, [0052] “ the converted microscope 100 may include a microscope base 133 having a three-dimensional translational stage 132 engaged to an objective translational stage 131 in which a conversion module 112 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 100 in which a processor receives detected sequential images and processes those images to improve axial resolution of a sample 125…The conversion module 112 may include a mount 114 engaged to the translation stage 131 in which the mount 114 has a mount body 119 that defines a first arm 140 coupled to a first objective lens 115 and a second arm 142 coupled to a second objective lens 116 in which the first and second arms 140 and 142 meet at an apex portion 124. In one arrangement, the first objective lens 115 defines a longitudinal axis A, while the second objective lens 116 defines a longitudinal axis B such that longitudinal axis A intersects longitudinal axis B in a perpendicular geometric orientation”),
or wherein the actuator is configured for translating of the supporting element and of the support when housed therein, along a direction of movement, and wherein the device is configured for activating the first camera and the actuator, in order to generate said at least one first main image, during the translation of the supporting element and of the support by the actuator (Shroff, [0052] “the converted microscope 100 may include a microscope base 133 having a three-dimensional translational stage 132 engaged to an objective translational stage 131 in which a conversion module 112 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 100…The conversion module 112 may include a mount 114 engaged to the translation stage 131 in which the mount 114 has a mount body 119 that defines a first arm 140 coupled to a first objective lens 115 and a second arm 142 coupled to a second objective lens 116 in which the first and second arms 140 and 142 meet at an apex portion 124”).
Regarding Claim 4, Shroff teaches, the device according to claim 1, configured for activating the first camera and the actuator to generate, preferably during the movement of the supporting element and of the support by the actuator, at least the first image related to a first predefined portion of said support and at least a second image related to a second predefined portion of said support, wherein said first predefined portion and said second predefined portion of said support are reciprocally counterposed and symmetrical with respect to an axis of symmetry or to a plane of symmetry of the support (Shroff, Fig. 11, [0052] “he conversion module 112 may include a mount 114 engaged to the translation stage 131 in which the mount 114 has a mount body 119 that defines a first arm 140 coupled to a first objective lens 115 and a second arm 142 coupled to a second objective lens 116 in which the first and second arms 140 and 142 meet at an apex portion 124. In one arrangement, the first objective lens 115 defines a longitudinal axis A, while the second objective lens 116 defines a longitudinal axis B such that longitudinal axis A intersects longitudinal axis B in a perpendicular geometric orientation similar to the arrangement shown in FIG. 2”),
optionally wherein said first portion and said second portion of said support are symmetrical with respect to a center of the support and/or are linear portions, reciprocally aligned and preferably corresponding each to a radius of the support, in such a way that a union of said first and said second portion of said support constitutes a diameter of the support (Shroff, Fig. 11, see para [0055]).
Regarding Claim 5, Shroff teaches, the device according to claim 3, configured for generating:
- at least a first plurality or first set of N images of N predefined portions of the support, wherein each image of the first plurality or first set of N images is acquired in correspondence of at least a predetermined, optionally fixed, angular detection position and a respective and proper angle of rotation of the supporting element and of the support with respect to a starting angular position (Shroff, Fig. 11. [0055] “the converted microscope 100 produces an alternating sequence of images based on the alternating sequence of fluorescent emissions 122 and the fluorescent emissions 124 detected by the first and second sensors 105 and 107 as the sample 125 is illuminated in alternating sequence by the first and second light sources 101 and 103. Referring to the simplified illustration shown in FIG. 10, the first objective lens 115 focuses a plurality of sequential alternating images, for example A.sub.1 and A.sub.2, embodied in fluorescent emissions 122”);
- at least a second plurality or second set of M images of M predefined portions of the support, wherein each image of the second plurality or second set of M images is acquired in correspondence of at least a predetermined, optionally fixed, angular detection position and a respective and proper angle of rotation of the supporting element and of the support with respect to a starting angular position (Shroff, Fig. 11, [0055] “the second objective lens 116 focuses a plurality of sequential alternating images, for example B.sub.1 and B.sub.2, embodied in fluorescent emissions 124. As shown, images B.sub.1 and B.sub.2 are oriented perpendicularly relative to images A.sub.1 and A.sub.2. During the operation of the converted microscope 100, image A.sub.1 is detected by second sensor 107 and then image B.sub.1 is detected by first sensor 105”);
wherein each image of the first set of N images is related to said first predefined portion of said support and wherein each image of the second set of M images is related to said second predefined portion of said support (Shroff, [0055] “the converted microscope 100 produces an alternating sequence of images based on the alternating sequence of fluorescent emissions 122 and the fluorescent emissions 124 detected by the first and second sensors 105 and 107 as the sample 125 is illuminated in alternating sequence by the first and second light sources 101 and 103….Each image A.sub.1 and B.sub.1 has a lateral resolution and an axial resolution in which the lateral resolution is much sharper than the axial resolution for each image”), and
wherein said first and said second portion are opposite each other, aligned and juxtaposed and/or comprise a center of the support (Shroff, [0056] “Once images A.sub.1 and B.sub.1 are registered, the processor in one embodiment executes a fusion process in which the registered images A.sub.1 and B.sub.1 are averaged together to form a composite image A.sub.1B.sub.1. Because image A.sub.1 is perpendicular to image B.sub.1, the sharper lateral resolution properties of image A.sub.1 are transposed over and applied to enhance the axial resolution of image B.sub.1, while the shaper lateral resolution properties of image B.sub.1 are similarly transposed over and applied to enhance the axial resolution of image A.sub.1”).
Regarding Claim 6, Shroff teaches, the device according to claim 3, wherein:
- said rotation axis is vertical (Shroff, [0051] “After engagement of the mount 14 to the translation stage 31, longitudinal axis A of the excitation objective 16 is in perpendicular geometric relation to the longitudinal axis B of the detection objective 18”; Shroff, [0052] “ the first objective lens 115 defines a longitudinal axis A, while the second objective lens 116 defines a longitudinal axis B such that longitudinal axis A intersects longitudinal axis B in a perpendicular geometric orientation similar to the arrangement shown in FIG. 2”);
- said at least a first camera is configured for framing the supporting element and/or, in use, said predefined portion of the support when on the supporting element, with at least a predefined first angle of framing with respect to a plane on which the supporting element lies (Shroff, Fig. 11, [0052] “The conversion module 112 may include a mount 114 engaged to the translation stage 131 in which the mount 114 has a mount body 119 that defines a first arm 140 coupled to a first objective lens 115 and a second arm 142 coupled to a second objective lens 116 in which the first and second arms 140 and 142 meet at an apex portion 124”; Shroff, [0055] “the converted microscope 100 produces an alternating sequence of images based on the alternating sequence of fluorescent emissions 122 and the fluorescent emissions 124 detected by the first and second sensors 105 and 107 as the sample 125 is illuminated in alternating sequence by the first and second light sources 101 and 103),
- wherein said at least a predefined first angle of framing is kept fixed at least during the acquisition of at least a first image and/or is comprised in the range [10°-80°], preferably in the range [20°-70°] (Shroff, Fig. 11, [0052] “the first objective lens 115 defines a longitudinal axis A, while the second objective lens 116 defines a longitudinal axis B such that longitudinal axis A intersects longitudinal axis B in a perpendicular geometric orientation similar to the arrangement shown in FIG. 2”).
Regarding Claim 10, Shroff teaches, the method for observing and for acquiring images of biological samples comprising:
- a step of observation of a support for a biological sample, wherein the support is positioned on a supporting element configured for housing a support, wherein, in the step of observation, at least a first camera frames at least a portion of the supporting element and/or, in use, at least a predefined portion of the support from a first point of observation and at least along a first inclined main direction of observation (Shroff, Fig. 1, sample 15, [0014] a base engaged to a translation stage and a sample stage, the translation stage being adapted to move in the z direction and the sample stage being adapted to move a sample in the x-y-z directions relative to the base; Shroff, [0015] a mount engaged to the translation stage for moving the mount in the z direction, the mount defining a mount body, the mount further including a first objective engaged to one portion of the mount body”; Shroff, [0042] “ FIGS. 1 and 2, the converted microscope, designated 10, may include a microscope base 33 having a three-dimensional translational sample stage 32 engaged to an objective translational stage 31 in which a conversion module 12; Fig. 11 sample 125, translation stage 132; Shroff, [0043] “a mirror 52, for example a galvometric mirror, may be engaged to the first arm 20 of the mount 14 for sheets of light from a selective plane illumination microscopy (SPIM) arrangement 38 to the excitation objective 16 for illuminating the sample 15 to generate a fluorescence, while another mirror 72 may be engaged to the second arm 22 for directing detected fluorescence transmitted through the detection objective 18 for detection by a camera 50 for capturing one or more images of the fluorescence”; Shroff, [0048] “the converted microscope 10 may further include a conventional detection objective arrangement 34 in combination with a detection camera 36 used to detect the illumination of a sample 15 by means other than selective plane illumination microscopy”; );
- a step of irradiation of the support, wherein at least a first optical radiation source is activated and irradiates at least said predefined portion of the support from a first irradiation direction, in such a way that, in use, at least a portion of the biological sample is irradiated through the optical radiation of the first optical radiation source (Shroff, [0042] “ FIGS. 1 and 2, the converted microscope, designated 10, may include a microscope base 33 having a three-dimensional translational sample stage 32 engaged to an objective translational stage 31 in which a conversion module 12 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 10”; [0043] “selective plane illumination microscopy (SPIM) arrangement 38 to the excitation objective 16 for illuminating the sample 15 to generate a fluorescence);
- a step of activation of at least an actuator, in particular a motor, connected to the supporting element, said step of activation determining a movement of the supporting element, and the support when housed therein, with respect to the at least a first chamber and/or determining a movement of the at least a first chamber with respect to the supporting element and to the support when housed therein (Shroff, [0046] “the sample stage 32 may include various components capable of moving the sample stage 32 in the x-y-z directions such that three dimensional translational movement of the sample 15 relative to the stationary base 33 may be achieved. In addition, the objective translational stage 31 may be directly or indirectly coupled to the mount 14 and is capable of moving the excitation objective 16 and detection objective 18 in the z direction (e.g., upward or downward movement relative to the base 33)”; Shroff, Fig. 11, a three-dimensional translational stage 132, Shroff, [0052] “the converted microscope 100 may include a microscope base 133 having a three-dimensional translational stage 132 engaged to an objective translational stage 131 in which a conversion module 112 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 100 in which a processor (not shown) receives detected sequential images”);
- a step of generation of images, taking place after the activation of said at least one first camera and said actuator, and preferably during the movement of said supporting element and of the support when housed therein and/or of the first camera, comprising the generation of at least a first main image and at least a first auxiliary image relating to a same first predefined portion of said support or of said biological sample, said first main image being acquired at least by said first camera along said first main observation direction and said first auxiliary image being acquired from an auxiliary observation direction coplanar to said first observation direction and arranged symmetrically with respect to a vertical axis perpendicular to a horizontal plane of said supporting element and/or of said support for biological samples (Shroff, Fig. 11, [0055] “the converted microscope 100 produces an alternating sequence of images based on the alternating sequence of fluorescent emissions 122 and the fluorescent emissions 124 detected by the first and second sensors 105 and 107 as the sample 125 is illuminated in alternating sequence by the first and second light sources 101 and 103”; image generated by first sensor 105 is interpreted as first image and image generated by second sensor 107 is interpreted as auxiliary image).
Regarding Claim 11, Shroff teaches, the method according to claim 10, wherein in the step of generation of images, the first auxiliary image in a time instant different from a time instant wherein the first main image is generated, and wherein:
- in the step of generation of images, the first main image and the first auxiliary image are generated through the first camera, and wherein the movement of the first camera or of the support is such that the first auxiliary image is generated by making said first camera assume said auxiliary observation direction with respect to the support (Shroff, [0064] “a comparison was made between maximum intensity projections at indicated time points (measured relative to fertilization) shown in FIG. 5A, while another comparison was made between individual image slices in the z direction for the time point outlined in red in corresponding images (FIG. 5A) as shown in FIG. 5B”); [0065] The images of FIG. 6 were taken from the same dataset used to generate the images of FIGS. 5A and 5B with the time points being measured relative to fertilization, i.e., when the zygote is formed and development of the organism begins”) or
- in the step of observation, at least a second camera frames at least a portion of the supporting element and/or, in use, at least a predefined portion of the support from a second observation point and at least along said inclined auxiliary observation direction, and wherein, in the step of generation of images, the first main image is generated by the first camera and the first auxiliary image is generated by the second camera, preferably wherein the first main image and the first auxiliary image are generated at a same time instant (Fig. 11, camera 105 and camera 107 ).
Regarding Claim 12, Shroff teaches, the method according to claim 10, wherein the step of activation of the at least an actuator determines rotating the supporting element and the support when therein housed, around a rotation axis preferably centered on said supporting element and/or on said support, and wherein the step of activation of the at least an actuator, the step of activation of the at least a first camera occur at least partially together with the step of generation of images in such a way that said at least a first main image is generated during the rotation of the supporting element and of the support by the actuator (Shroff, [0052] “ the converted microscope 100 may include a microscope base 133 having a three-dimensional translational stage 132 engaged to an objective translational stage 131 in which a conversion module 112 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 100 in which a processor receives detected sequential images and processes those images to improve axial resolution of a sample 125…The conversion module 112 may include a mount 114 engaged to the translation stage 131 in which the mount 114 has a mount body 119 that defines a first arm 140 coupled to a first objective lens 115 and a second arm 142 coupled to a second objective lens 116 in which the first and second arms 140 and 142 meet at an apex portion 124. In one arrangement, the first objective lens 115 defines a longitudinal axis A, while the second objective lens 116 defines a longitudinal axis B such that longitudinal axis A intersects longitudinal axis B in a perpendicular geometric orientation”),
or wherein the step of activation of at least an actuator determines putting in translation the supporting element and the support when therein housed, along a direction of movement, and wherein the step of activation of the at least an actuator, the step of activation of the at least a first camera occur at least partially together with the step of generation of images in such a way that said at least a first main image is generated during the translation of the supporting element and of the support by the actuator (Shroff, [0052] “the converted microscope 100 may include a microscope base 133 having a three-dimensional translational stage 132 engaged to an objective translational stage 131 in which a conversion module 112 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 100…The conversion module 112 may include a mount 114 engaged to the translation stage 131 in which the mount 114 has a mount body 119 that defines a first arm 140 coupled to a first objective lens 115 and a second arm 142 coupled to a second objective lens 116 in which the first and second arms 140 and 142 meet at an apex portion 124”).
Regarding Claim 13, Shroff teaches, the method according to claim 10, wherein the step of generation of images, preferably during the step of activation of at least an actuator comprises the generation of the at least the first image related to a first predefined portion of said support and a generation of at least a second image related to a second predefined portion of said support, wherein said first predefined portion and said second predefined portion of said support are reciprocally counterposed and symmetrical with respect to an axis of symmetry or a plane of symmetry of the support (Shroff, Fig. 11, [0052] “he conversion module 112 may include a mount 114 engaged to the translation stage 131 in which the mount 114 has a mount body 119 that defines a first arm 140 coupled to a first objective lens 115 and a second arm 142 coupled to a second objective lens 116 in which the first and second arms 140 and 142 meet at an apex portion 124. In one arrangement, the first objective lens 115 defines a longitudinal axis A, while the second objective lens 116 defines a longitudinal axis B such that longitudinal axis A intersects longitudinal axis B in a perpendicular geometric orientation similar to the arrangement shown in FIG. 2”),
optionally wherein said first portion and said second portion of said support are symmetrical with respect to a center of said support and/or are substantially linear portions, reciprocally aligned and preferably corresponding each to a radius of the support, in such a way that a union of said first and said second portions of said support constitutes a diameter of the support (Shroff, Fig. 11, see para [0055]).
Regarding Claim 14, Shroff teaches, the method according to claim 10, wherein the step of generation of images comprises:
- a step of generation, after the activation of the at least a first camera and of the actuator, of at least a first plurality or first set of N images of N predefined portions of the support, wherein each image of the first plurality or first set of N images is acquired in correspondence of at least a predetermined angular detection position, optionally fixed, and of a respective and proper angle of rotation of the supporting element and of the support with respect to a starting angular position (Shroff, Fig. 11. [0055] “the converted microscope 100 produces an alternating sequence of images based on the alternating sequence of fluorescent emissions 122 and the fluorescent emissions 124 detected by the first and second sensors 105 and 107 as the sample 125 is illuminated in alternating sequence by the first and second light sources 101 and 103. Referring to the simplified illustration shown in FIG. 10, the first objective lens 115 focuses a plurality of sequential alternating images, for example A.sub.1 and A.sub.2, embodied in fluorescent emissions 122”);
- a step of generation, after the activation of the at least a first camera and of the actuator, of at least a second plurality or second set of M images of M predefined portions of the support, wherein each image of the second plurality or second set of M images is acquired in correspondence of at least a predetermined angular detection position, optionally fixed, and a respective and proper angle of rotation of the supporting element and of the support with respect to a starting angular position (Shroff, Fig. 11, [0055] “the second objective lens 116 focuses a plurality of sequential alternating images, for example B.sub.1 and B.sub.2, embodied in fluorescent emissions 124. As shown, images B.sub.1 and B.sub.2 are oriented perpendicularly relative to images A.sub.1 and A.sub.2. During the operation of the converted microscope 100, image A.sub.1 is detected by second sensor 107 and then image B.sub.1 is detected by first sensor 105”);
wherein each image of the first set of N images is related to a first portion of said support and wherein each image of the second set of M images is related to a second portion of said support (Shroff, [0055] “the converted microscope 100 produces an alternating sequence of images based on the alternating sequence of fluorescent emissions 122 and the fluorescent emissions 124 detected by the first and second sensors 105 and 107 as the sample 125 is illuminated in alternating sequence by the first and second light sources 101 and 103….Each image A.sub.1 and B.sub.1 has a lateral resolution and an axial resolution in which the lateral resolution is much sharper than the axial resolution for each image”), and
wherein said first and said second portion are opposite each other, aligned and juxtaposed and/or comprise a center of the support (Shroff, [0056] “Once images A.sub.1 and B.sub.1 are registered, the processor in one embodiment executes a fusion process in which the registered images A.sub.1 and B.sub.1 are averaged together to form a composite image A.sub.1B.sub.1. Because image A.sub.1 is perpendicular to image B.sub.1, the sharper lateral resolution properties of image A.sub.1 are transposed over and applied to enhance the axial resolution of image B.sub.1, while the shaper lateral resolution properties of image B.sub.1 are similarly transposed over and applied to enhance the axial resolution of image A.sub.1”).
Regarding Claim 15, Shroff teaches, the method according to claim 12, wherein the rotation axis is substantially vertical, and wherein (Shroff, [0051] “After engagement of the mount 14 to the translation stage 31, longitudinal axis A of the excitation objective 16 is in perpendicular geometric relation to the longitudinal axis B of the detection objective 18”; Shroff, [0052] “ the first objective lens 115 defines a longitudinal axis A, while the second objective lens 116 defines a longitudinal axis B such that longitudinal axis A intersects longitudinal axis B in a perpendicular geometric orientation similar to the arrangement shown in FIG. 2”);
- in the step of observation, the at least a first camera frames said supporting element and/or, in use, said predefined portion of the support with a predefined first angle of framing with respect to a plane on which the supporting element lies (Shroff, Fig. 11, [0052] “The conversion module 112 may include a mount 114 engaged to the translation stage 131 in which the mount 114 has a mount body 119 that defines a first arm 140 coupled to a first objective lens 115 and a second arm 142 coupled to a second objective lens 116 in which the first and second arms 140 and 142 meet at an apex portion 124”; Shroff, [0055] “the converted microscope 100 produces an alternating sequence of images based on the alternating sequence of fluorescent emissions 122 and the fluorescent emissions 124 detected by the first and second sensors 105 and 107 as the sample 125 is illuminated in alternating sequence by the first and second light sources 101 and 103),
- said first angle of framing is kept fixed at least during the acquisition of the at least a first image and/or is comprised in the range [10°-80°], preferably in the range [20°-70°] (Shroff, Fig. 11, [0052] “the first objective lens 115 defines a longitudinal axis A, while the second objective lens 116 defines a longitudinal axis B such that longitudinal axis A intersects longitudinal axis B in a perpendicular geometric orientation similar to the arrangement shown in FIG. 2”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shroff et al. (US 20140126046 A1; hereafter referred to as Shroff) in view of Jarvius et al. (US 20210224978 A1; hereafter referred to as Jarvius).
Regarding Claim 7, Shroff teaches the device according to claim 1, configured for generating at least a first intermediate image obtained by juxtaposing at least part of the N images of the first set of N images (Shroff, [0052], “the converted microscope, designated 100, is shown that produces images having enhanced axial resolution using either a dual SPIM arrangement that produces two laser beams for generating fluorescent images that are orthogonally-oriented relative to each other… a conversion module 112 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 100 in which a processor (not shown) receives detected sequential images and processes those images to improve axial resolution of a sample 125”); and
the first set of N images comprises N linear images, and wherein the first intermediate image is obtained by juxtaposing at least part of the N images of the first set of N images along a direction orthogonal with respect to a direction of maximum extension of each of the N linear images (Shroff, [0053] “FIG. 11, the converted microscope 100 may include a dual SPIM arrangement that illuminates the sample 125 in alternating sequence for producing images that are orthogonally oriented relative to each other such that a registered and fused composite image of any two orthogonally-oriented images is generated that enhances the axial resolution of the composite image of the sample 125”);
However, Shroff does not explicitly recite:
wherein the at least a first camera is a linear camera, optionally a trilinear camera,
In the same field of endeavor, Jarvius teaches:
wherein the at least a first camera is a linear camera, optionally a trilinear camera (Jarvius, [0034] “the imaging device may be a line camera with a linear digital image sensor, such as a linear CCD sensor”),
Shroff and Jarvius are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shroff with the invention of Jarvius to make the invention that uses the linear camera as taught by Jarvius to generate linear images; doing so could yield predictable results and efficiently identify the microscopic objects in biological sample (Jarvius, [0001]); thus, one of the ordinary skill the art would have been motivated to combine the references.
Regarding Claim 16, Shroff teaches the method according to claim 1, configured for generating at least a first intermediate image obtained by juxtaposing at least part of the N images of the first set of N images (Shroff, [0052], “the converted microscope, designated 100, is shown that produces images having enhanced axial resolution using either a dual SPIM arrangement that produces two laser beams for generating fluorescent images that are orthogonally-oriented relative to each other… a conversion module 112 is coupled thereto for providing the capability of performing selective plane illumination microscopy by the converted microscope 100 in which a processor (not shown) receives detected sequential images and processes those images to improve axial resolution of a sample 125”); and
the first set of N images comprises N linear images, and wherein the first intermediate image is obtained by juxtaposing at least part of the N images of the first set of N images along a direction orthogonal with respect to a direction of maximum extension of each of the N linear images (Shroff, [0053] “FIG. 11, the converted microscope 100 may include a dual SPIM arrangement that illuminates the sample 125 in alternating sequence for producing images that are orthogonally oriented relative to each other such that a registered and fused composite image of any two orthogonally-oriented images is generated that enhances the axial resolution of the composite image of the sample 125”);
However, Shroff does not explicitly recite:
wherein the at least a first camera is a linear camera, optionally a trilinear camera,
In the same field of endeavor, Jarvius teaches:
wherein the at least a first camera is a linear camera, optionally a trilinear camera (Jarvius, [0034] “the imaging device may be a line camera with a linear digital image sensor, such as a linear CCD sensor”),
Shroff and Jarvius are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shroff with the invention of Jarvius to make the invention that uses the linear camera as taught by Jarvius to generate linear images; doing so could yield predictable results and efficiently identify the microscopic objects in biological sample (Jarvius, [0001]); thus, one of the ordinary skill the art would have been motivated to combine the references.
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shroff et al. (US 20140126046 A1; hereafter referred to as Shroff) in view of Jarvius et al. (US 20210224978 A1; hereafter referred to as Jarvius) further in view of Han et al. (See Machine Translation for CN 108020509 A; hereafter referred to as Han).
Regarding Claim 8, Shroff in view of Jarvius teaches the device according to claim 7, configured for generating at least a first reconstructed image, said first reconstructed image being obtained, in use, by combining in rotation at least part of the N images of the at least a first set of N images (Shroff, [0053] “the converted microscope 100 may include a dual SPIM arrangement that illuminates the sample 125 in alternating sequence for producing images that are orthogonally oriented relative to each other such that a registered and fused composite image of any two orthogonally-oriented images is generated that enhances the axial resolution of the composite image of the sample 125 (reconstructed image)”),
However, Shroff in view of Jarvius does not explicitly recite:
optionally the reconstructed image being obtained from a combination in rotation of the N images on a round angle,
optionally wherein the first reconstructed image is obtained by transforming, preferably by rolling up, the first intermediate image around a rotation point arranged in a predefined portion of the intermediate image, in particular at a center of the intermediate image itself and/or at a center of the support and/or in correspondence of a central portion of the biological sample of said support or at a side or end portion of a first sub-image of said intermediate image and corresponding to an end point or an intermediate point, optionally amid-point, of one of the N images of the first set of N images, optionally wherein said end point is an end point along the direction of maximum extension of one of said N images of the first set of N images.
In the same field of endeavor, Han teaches:
optionally the reconstructed image being obtained from a combination in rotation of the N images on a round angle (Han, page 4, step 2 and 3, “Perform fusion processing on each decomposition layer of the image gradient pyramid; different decomposition layers and different direction detail images are processed using different fusion operators to obtain the gradient pyramid of the fused image. Step 3: Reverse pyramid transformation of the gradient pyramid obtained after the fusion (i.e., image reconstruction)”),
optionally wherein the first reconstructed image is obtained by transforming, preferably by rolling up, the first intermediate image around a rotation point arranged in a predefined portion of the intermediate image, in particular at a center of the intermediate image itself and/or at a center of the support and/or in correspondence of a central portion of the biological sample of said support or at a side or end portion of a first sub-image of said intermediate image and corresponding to an end point or an intermediate point, optionally amid-point, of one of the N images of the first set of N images, optionally wherein said end point is an end point along the direction of maximum extension of one of said N images of the first set of N images (Han, page 4, para 4, “The servo motor 7 will drive the rotating platform 10 on which the biological sample 8 is placed. Each time the rotating platform 10 is rotated by 1.8 degrees, the above steps are performed to acquire the image at the same angle. The rotating platform 10 rotates 200 times, 360 degrees, and then the camera 5 The images are acquired and the resulting projected digital images are transmitted to a computer 9 where a total of 200 long depth-of field images are merged…After obtaining the projection amount of each analysis layer under different rotation angles, each tomographic image of the sample can be obtained by the computer 9 according to the algorithm reconstruction, and the reconstruction result can be observed from different angles and the virtual slices along different directions can be obtained”).
Shroff, Jarvius and Han are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shroff in view of Jarvius with the invention of Han to make the invention that obtains reconstructed images by combining rotation of N images on a round angle, or obtains reconstructed image by transforming image around a rotation point arranges in a predefined portion of a central portion of the biological sample of said support; doing so could combine the images with different focal planes at different angles to create (or reconstruct) a deeper depth of filed images of biological samples (Han, Page 2, summary); thus, one of the ordinary skill the art would have been motivated to combine the references.
Regarding Claim 17, Shroff in view of Jarvius teaches the method according to claim 16, comprising a step of generation of at least a first reconstructed image, obtained combining in rotation at least part of the N images of the at least a first set of N images (Shroff, [0053] “the converted microscope 100 may include a dual SPIM arrangement that illuminates the sample 125 in alternating sequence for producing images that are orthogonally oriented relative to each other such that a registered and fused composite image of any two orthogonally-oriented images is generated that enhances the axial resolution of the composite image of the sample 125 (reconstructed image)”),
However, Shroff in view of Jarvius does not explicitly recite:
optionally the reconstructed image being obtained from a combination in rotation of the N images on a round angle;
optionally wherein the step of generation of the at least a first reconstructed image comprises a transformation, preferably a rolling up, of the intermediate image with transformation from a polar reference system to a Cartesian reference system, preferably a transformation, preferably a rolling up, of the intermediate image around a rotation point arranged in a predefined portion of the intermediate image, in particular at a center of the intermediate image itself and/or at a center of the support and/or in correspondence of a central portion of the biological sample of said support or at a side or end portion of a first sub-image of said intermediate image, and corresponding to an end point or to an intermediate point, optionally a midpoint, of one of the N images of the first set of N images, optionally wherein said end point is an end point along the direction of maximum extension of one of said N images of the first set of N images.
In the same field of endeavor, Han teaches:
optionally the reconstructed image being obtained from a combination in rotation of the N images on a round angle (Han, page 4, step 2 and 3, “Perform fusion processing on each decomposition layer of the image gradient pyramid; different decomposition layers and different direction detail images are processed using different fusion operators to obtain the gradient pyramid of the fused image. Step 3: Reverse pyramid transformation of the gradient pyramid obtained after the fusion (i.e., image reconstruction)”),
optionally wherein the step of generation of the at least a first reconstructed image comprises a transformation, preferably a rolling up, of the intermediate image with transformation from a polar reference system to a Cartesian reference system, preferably a transformation, preferably a rolling up, of the intermediate image around a rotation point arranged in a predefined portion of the intermediate image, in particular at a center of the intermediate image itself and/or at a center of the support and/or in correspondence of a substantially central portion of the biological sample of said support or at a side or end portion of a first sub-image of said intermediate image, and corresponding to an end point or to an intermediate point, optionally a midpoint, of one of the N images of the first set of N images, optionally wherein said end point is an end point along the direction of maximum extension of one of said N images of the first set of N images (Han, page 4, para 4, “The servo motor 7 will drive the rotating platform 10 on which the biological sample 8 is placed. Each time the rotating platform 10 is rotated by 1.8 degrees, the above steps are performed to acquire the image at the same angle. The rotating platform 10 rotates 200 times, 360 degrees, and then the camera 5 The images are acquired and the resulting projected digital images are transmitted to a computer 9 where a total of 200 long depth-of field images are merged…After obtaining the projection amount of each analysis layer under different rotation angles, each tomographic image of the sample can be obtained by the computer 9 according to the algorithm reconstruction, and the reconstruction result can be observed from different angles and the virtual slices along different directions can be obtained”).
Shroff, Jarvius and Han are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shroff in view of Jarvius with the invention of Han to make the invention that obtains reconstructed images by combining rotation of N images on a round angle, or obtains reconstructed image by transforming image around a rotation point arranges in a predefined portion of a central portion of the biological sample of said support; doing so could combine the images with different focal planes at different angles to create (or reconstruct) a deeper depth of filed images of biological samples (Han, Page 2, summary); thus, one of the ordinary skill the art would have been motivated to combine the references.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shroff et al. (US 20140126046 A1; hereafter referred to as Shroff) in view of Jarvius et al. (US 20210224978 A1; hereafter referred to as Jarvius) further in view of Harfouche et al. (US 20220179187 A1; hereafter referred to as Harfouche).
Regarding Claim 9, Shroff in view of Jarvius teaches the device according to claim 7, configured for carrying out a differential analysis between two distinct images of said biological sample, preferably between two distinct images of said biological sample acquired by means of a single camera selected among said first camera, said second camera or said third camera, and/or between said at least a first intermediate image and a further intermediate image and/or between said at least a first reconstructed image and a further reconstructed image, said differential analysis being an electronic analysis and generating an electronic data indicative of a presence and/or development and/or growth and/or numerosity of one or more bacterial and/or viral colonies (Shroff, [0062] “ Imaging the same transgenic embryos with the inverted microscope 10 coupled to the conversion module 12 that provides selective plane Illumination microscopy from a two cell stage until hatching, at 30 volumes per minute, which was 30 times faster than current microscopies, such as point scanning microscopy and spinning disk confocal microscopy. Despite the relatively higher temporal sampling, no obvious abnormalities were detected in the imaged embryos in terms of morphology, nor in the timing of the developmental hallmarks, such as the invariant order and orientation of blastomere divisions, gastrulation, pharyngeal shape, elongation and twitching”; Shroff, [0058] As shown in FIG. 13, the axial resolution of an image taken of an embryo along three different planes (XY, YZ and XZ planes) is pictured. The pictures of the embryo along each of the planes clearly show that the axial resolution of the View B images is lower than the same corresponding images that have undergone the registration, fusion and/or deconvolution process described above. The resulting View B image clearly exhibits lower axial resolution than that same image which has undergone the registration and fusion process”);
said differential analysis comprising a differential electronic processing of the two distinct images of said biological sample, preferably of the two distinct images of said biological sample acquired by means of a single camera selected among said first camera, said second camera or said third camera (Jarvius, [0011] “The focus for each image can be checked via the image processing algorithm after the digital images have been gathered (although optionally in parallel with taking subsequent digital images of the same sample holder) since each image includes one or more focal structures associated with the location of interest”),
However, Shroff in view off Jarvius does not explicitly recite:
said differential analysis comprising a differential electronic processing of the two distinct images of said biological sample, preferably of the two distinct images of said biological sample acquired by means of a single camera selected among said first camera, said second camera or said third camera, and/or of the first intermediate image and of the further intermediate image and/or of the at least a first reconstructed image and of the further reconstructed image by means of a neural network preferably of a feed-forward or u-net type, preferably by means of a convolutional type neural network.
In the same field of endeavor, Harfouche teaches:
said differential analysis comprising a differential electronic processing of the two distinct images of said biological sample, preferably of the two distinct images of said biological sample acquired by means of a single camera selected among said first camera, said second camera or said third camera, and/or of the first intermediate image and of the further intermediate image and/or of the at least a first reconstructed image and of the further reconstructed image by means of a neural network preferably of a feed-forward or u-net type, preferably by means of a convolutional type neural network (Harfouche, [0060] “the imaging systems can include a computational microscope that is configured to take images of a specimen sample, refocus the images on the features of interest, and analyze the feature image data to provide a statistical analysis of the specimen based on the classification of the features”; Harfouche, [0064] “the images taken from the individual micro cameras can provide non overlapped image patches of the sample, which can be analyzed to provide a statistical assessment of the sample”; Harfouche, [0066] “with each micro camera capturing light from a sample area sequentially from multiple patterned illumination configurations provided on the same sample area”; Harfouche, [0130] Operation 402 includes detecting the features in the captured images that are non-overlapped. The feature detection process can be a machine learning algorithm that is trained to detect the features. For example, the feature detection process can be a convolutional neural network that can split an image into segments, and then looking for pixel coordinates surrounding the features in the segments”)
Shroff, Jarvius and Harfouche are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shroff in view of Jarvius with the invention of Harfouche to make the invention that analyzes the images preferably of the two distinct images of said biological sample acquired by means of a single camera and the at least a first reconstructed image and of the further reconstructed image by means of a convolutional type neural network; doing so could efficiently identify and classify the features of the sample in the analyzed images (Harfouche, [0130]); thus, one of the ordinary skill the art would have been motivated to combine the references.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Shroff et al. (US 20140126046 A1; hereafter referred to as Shroff) in view of Harfouche et al. (US 20220179187 A1; hereafter referred to as Harfouche).
Regarding Claim 18, Shroff in view of Jarvius teaches the method according to claim 10, configured for carrying out a differential analysis between two distinct images of said biological sample, preferably between two distinct images of said biological sample acquired by means of a single camera selected among said first camera, said second camera or said third camera, and/or between said at least a first intermediate image and a further intermediate image and/or between said at least a first reconstructed image and a further reconstructed image, said differential analysis being an electronic analysis and generating an electronic data indicative of a presence and/or development and/or growth and/or numerosity of one or more bacterial and/or viral colonies (Shroff, [0062] “ Imaging the same transgenic embryos with the inverted microscope 10 coupled to the conversion module 12 that provides selective plane Illumination microscopy from a two cell stage until hatching, at 30 volumes per minute, which was 30 times faster than current microscopies, such as point scanning microscopy and spinning disk confocal microscopy. Despite the relatively higher temporal sampling, no obvious abnormalities were detected in the imaged embryos in terms of morphology, nor in the timing of the developmental hallmarks, such as the invariant order and orientation of blastomere divisions, gastrulation, pharyngeal shape, elongation and twitching”; Shroff, [0058] As shown in FIG. 13, the axial resolution of an image taken of an embryo along three different planes (XY, YZ and XZ planes) is pictured. The pictures of the embryo along each of the planes clearly show that the axial resolution of the View B images is lower than the same corresponding images that have undergone the registration, fusion and/or deconvolution process described above. The resulting View B image clearly exhibits lower axial resolution than that same image which has undergone the registration and fusion process”);
However, Shroff does not explicitly recite:
said differential analysis comprising a differential electronic processing of the two distinct images of said biological sample, preferably of the two distinct images of said biological sample acquired by means of a single camera selected among said first camera, said second camera or said third camera, and/or of the first intermediate image and of the further intermediate image and/or of the at least a first reconstructed image and of the further reconstructed image by means of a neural network preferably of a feed-forward or u-net type, preferably by means of a convolutional type neural network.
In the same field of endeavor, Harfouche teaches:
said differential analysis comprising a differential electronic processing of the two distinct images of said biological sample, preferably of the two distinct images of said biological sample acquired by means of a single camera selected among said first camera, said second camera or said third camera, and/or of the first intermediate image and of the further intermediate image and/or of the at least a first reconstructed image and of the further reconstructed image by means of a neural network preferably of a feed-forward or u-net type, preferably by means of a convolutional type neural network (Harfouche, [0060] “the imaging systems can include a computational microscope that is configured to take images of a specimen sample, refocus the images on the features of interest, and analyze the feature image data to provide a statistical analysis of the specimen based on the classification of the features”; Harfouche, [0064] “the images taken from the individual micro cameras can provide non overlapped image patches of the sample, which can be analyzed to provide a statistical assessment of the sample”; Harfouche, [0066] “with each micro camera capturing light from a sample area sequentially from multiple patterned illumination configurations provided on the same sample area”; Harfouche, [0130] Operation 402 includes detecting the features in the captured images that are non-overlapped. The feature detection process can be a machine learning algorithm that is trained to detect the features. For example, the feature detection process can be a convolutional neural network that can split an image into segments, and then looking for pixel coordinates surrounding the features in the segments”)
Shroff and Harfouche are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shroff with the invention of Harfouche to make the invention that analyzes the images preferably of the two distinct images of said biological sample acquired by means of a single camera and the at least a first reconstructed image and of the further reconstructed image by means of a convolutional type neural network; doing so could efficiently identify and classify the features of the sample in the analyzed images (Harfouche, [0130]); thus, one of the ordinary skill the art would have been motivated to combine the references.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210116692 A1 SAMPLE OBSERVATION DEVICE: A sample observation device includes: an emission optical system that emits planar light to a sample; a scanning unit that scans the sample in one direction so as to pass through an emission surface of the planar light; an imaging optical system that has an observation axis inclined with respect to the emission surface and forms an image of observation light generated in the sample by emission of the planar light; an image acquisition unit that acquires image data corresponding to an optical image of the observation light formed by the imaging optical system; and an image generation unit that generates observation image data of the sample based on the image data acquired by the image acquisition unit.
US 20200348122 A1 DIGITAL HOLOGRAPHIC MICROSCOPE: A microscope comprising a coherent light source producing a coherent light beam, a light beam guide system comprising a beam splitter configured to split the coherent light beam into a reference beam and a sample illumination beam, a sample holder configured to hold a sample to be observed, a sample illumination device configured to direct the sample illumination beam through the sample and into a microscope objective, a beam reuniter configured to reunite the reference beam and sample illumination beam after passage of the sample illumination beam through the sample to be observed, and a light sensing system configured to capture at least phase and intensity values of the coherent light beam downstream of the beam reuniter.
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VAISALI RAO. KOPPOLU
Examiner
Art Unit 2664
/VAISALI RAO KOPPOLU/Patent Examiner of Art Unit 2664
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