Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1 and 5 are objected to because of the following informalities:
In claim 1 line 4, “a fluid” should be corrected to say –the opaque fluid--.
In claim 5 in lines 3 and 4, both instances of “the fluid” should be corrected to say –the opaque fluid--.
Appropriate correction is required.
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 of this title, 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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Vaez-Iravani et al. (US20220099546A1) in view of von Volkmann et al. (US20210156786A1), hereinafter von Volkmann, further in view of Walsh et al. (US9128058B2), hereinafter Walsh.
As to claim 1, Vaez-Iravani teaches a device for diagnosing particles in a fluid (Vaez-Iravani fig. 1; [0027]-[0028]; “the particle detection system 100”; “particle 124… present in the fluid 120”), the device comprising:
a flow cell for causing the fluid mixed with the particles to flow (Vaez-Iravani fig. 1; [0027]; “The conduit 104 is suitably configured for flowing the fluid 120”);
an illuminator (Vaez-Iravani fig. 1; [0030]; “a laser source 146”) such that infrared light is emitted to the fluid in the flow cell ([0031]; “Herein the light refers to light from the optical beam 142. The wavelength λ may be any range between the DUV (0.2 nm) to the near-infrared range (1050 nm)”);
a camera for photographing the opaque fluid in the flow cell (Vaez-Iravani fig. 2; [0034]; [0028]; “The particle imaging system 200 is configured to detect a particle 240”, which is present in the fluid. The particle imaging system 200 comprises “a first imaging device 204 and an optional second imaging device 216”);
and an image processing unit for extracting sizes and shapes of the particles in the fluid through an image captured by the camera (Vaez-Iravani [0035]; “The first imaging device 204 has a first imaging lens 208 and a detecting array 212”. [0044]; “Energy scattered by the displaced particle 320 and collected by the first imaging lens 208 is spread onto pixels of the detecting array 212… Advantageously, the apparatus and method disclosed herein utilizes intensity data from the rings of light 404-408 in determining the actual size of the particle 240”. [0057]; “Optionally, first imaging device 204 can include a display unit (not shown). The processor 604 may be one of any form of general purpose microprocessor, or a general purpose central processing unit (CPU)”. Thus, the processor 604 extracts sizes (“actual size of the particle 240”) and shapes (displayed on the “display unit”) of the particles in the fluid through an image captured by the imaging device 204).
However, Vaez-Iravani does not explicitly disclose wherein the fluid is an opaque fluid; wherein the illuminator is composed of a plurality of light sources separated from each other such that infrared light is emitted to the fluid in the flow cell; and wherein, when the infrared light is emitted from the illuminator, the particles in the opaque fluid are photographed by the camera while an emission position of the infrared light is changed by adjusting emission positions of the plurality of light sources.
Von Volkmann, in the same field of endeavor as the claimed invention, teaches wherein the illuminator is composed of a plurality of light sources separated from each other (von Volkmann fig. 5; [0159]; [0121]; “FIG. 5 shows a schematic representation of a preferred circuit board on which emission light sources 2 are arranged in a circle”, separated from each other, and “can be positioned particularly closely on such a ring with distances of less than 0.1 mm”)
such that infrared light is emitted (von Volkmann [0054]; “The term “light” preferably refers to the entire electromagnetic spectrum… to the infrared range”) to the fluid in the flow cell ([0135]; “For the case of fluorescent proteins, knowledge of absolute units allows conclusions to be drawn about the actual concentration of proteins. In addition, an absolute intensity calibration allows for a meaningful quantitative comparison of experimental data recorded with different instruments. For example, it may be preferable to sort fluorescent cells using a flow cytometer and then examine the sorted cells in a microscope”. Thus, the light is emitted to the fluid of fluorescent proteins in the flow cytometer);
and wherein, when the infrared light is emitted from the illuminator, the particles in the fluid are photographed by the camera while an emission position of the infrared light is changed by adjusting emission positions of the plurality of light sources (von Volkmann [0059]; “While emission light sources are positioned or configured for coupling into the light guide, control light sources radiate onto a feedback detector”. [0137]; “Photodetectors, in particular PMTs, are used as standard in flow cytometers as well as optical microscopes and are characterized by a particularly high sensitivity, which detects even low signals quick and reliable”. Thus, when the infrared light is emitted, the particles are photographed by the photodetectors while emission light sources are positioned).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Vaez-Iravani to incorporate the teachings of von Volkmann to include wherein the illuminator is composed of a plurality of light sources separated from each other such that infrared light is emitted to the fluid in the flow cell; and wherein, when the infrared light is emitted from the illuminator, the particles in the fluid are photographed by the camera while an emission position of the infrared light is changed by adjusting emission positions of the plurality of light sources; for the advantages of intensity compensation, coupling efficiency and an extremely compact design with multiple light pulse generation (von Volkmann [0121]).
Still lacking the limitation such as wherein the fluid is an opaque fluid.
Walsh, in the same field of endeavor as the claimed invention, teaches wherein the fluid is an opaque fluid (Walsh col. 8 ln. 19-25; “complex sample types, such as, e.g., blood, bodily fluids, and/or other opaque substances, may be tested directly utilizing the system with little or no extensive pretreatment”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Vaez-Iravani in view of von Volkmann to incorporate the teachings of Walsh to include wherein the fluid is an opaque fluid; for the advantage of application towards the analysis of complex biological samples (Walsh col. 8 ln. 19-25).
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Vaez-Iravani Fig. 1
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Vaez-Iravani Fig. 2
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Von Volkmann Fig. 5
As to claim 2, Vaez-Iravani teaches the device for diagnosing the particles in the opaque fluid of claim 1.
However, Vaez-Iravani does not explicitly disclose wherein the plurality of light sources sequentially and continuously emit light in a predetermined pattern.
Von Volkmann, in the same field of endeavor as the claimed invention, teaches wherein the plurality of light sources sequentially (von Volkmann [0112]; fig. 5; The two or more emission light sources “couple into the light guide with a different efficiency and which can be controlled separately”. The light sources 2 are arranged in a circle and can thus, emit light sequentially) and continuously emit light in a predetermined pattern ([0096]-[0098]; the control loop is continuous and the control light source glows dimly, even between light pulses in the “OFF” state; thus, the light sources can emit light continuously in a predetermined pattern).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Vaez-Iravani to incorporate the teachings of von Volkmann to include wherein the plurality of light sources sequentially and continuously emit light in a predetermined pattern; for the advantage of achieving high intensity dynamic (von Volkmann [0112]).
As to claim 3, Vaez-Iravani teaches the device for diagnosing the particles in the opaque fluid of claim 1.
However, Vaez-Iravani does not explicitly disclose wherein some of the plurality of light sources randomly and continuously emit light.
Von Volkmann, in the same field of endeavor as the claimed invention, teaches wherein some of the plurality of light sources randomly (von Volkmann [0112]; fig. 5; The two or more emission light sources “couple into the light guide with a different efficiency and which can be controlled separately”. The light sources 2 are arranged in a circle and can thus, emit light randomly)and continuously emit light ([0096]-[0098]; the control loop is continuous and the control light source glows dimly, even between light pulses in the “OFF” state; thus, the light sources can emit light continuously).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Vaez-Iravani to incorporate the teachings of von Volkmann to include wherein some of the plurality of light sources randomly and continuously emit light; for the advantage of achieving high intensity dynamic (von Volkmann [0112]).
As to claim 4, Vaez-Iravani teaches the device for diagnosing the particles in the opaque fluid of claim 2.
However, Vaez-Iravani does not explicitly disclose wherein the plurality of light sources sequentially and continuously emit light in a clockwise or counterclockwise direction.
Von Volkmann, in the same field of endeavor as the claimed invention, teaches wherein the plurality of light sources sequentially and continuously emit light in a clockwise or counterclockwise direction (von Volkmann [0112]; fig. 5; The two or more emission light sources “couple into the light guide with a different efficiency and which can be controlled separately”. The light sources 2 are arranged in a circle and can thus, emit light sequentially. [0096]-[0098]; The control loop is continuous and the control light source glows dimly, even between light pulses in the “OFF” state. Thus, the light sources can emit light continuously. Therefore, the plurality of light sources can sequentially and continuously emit light in a clockwise or counterclockwise direction relative to the circle of light sources 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Vaez-Iravani to incorporate the teachings of von Volkmann to include wherein the plurality of light sources sequentially and continuously emit light in a clockwise or counterclockwise direction; for the advantage of achieving high intensity dynamic (von Volkmann [0112]).
As to claim 5, Vaez-Iravani teaches the device for diagnosing the particles in the opaque fluid of claim 1, wherein the illuminator is arranged in a direction where the fluid moves and a direction perpendicular to the direction where the fluid moves (Vaez-Iravani fig. 1; laser source 146 is arranged pointing in a direction of the conduit 104 (where the fluid 120 moves) and in a direction of the optical beam 142, perpendicular to the direction of the fluid 120), based on a photographing point of the camera (Vaez-Iravani fig. 1; also intersecting the point of the perpendicular fluid flow 120 and optical beam 142, is the imaging lens 134 focuses the imaging point to the digital detector 138).
However, Vaez-Iravani does not explicitly disclose wherein the illuminator is composed of a plurality of light sources; and the plurality of light sources are arranged to be separated from each other in a direction where the fluid moves and a direction perpendicular to the direction where the fluid moves.
Von Volkmann, in the same field of endeavor as the claimed invention, teaches wherein the illuminator is composed of a plurality of light sources (von Volkmann fig. 5; [0159]; [0121]; “FIG. 5 shows a schematic representation of a preferred circuit board on which emission light sources 2 are arranged in a circle”, separated from each other);
and the plurality of light sources are arranged to be separated from each other in a direction where the fluid moves and a direction perpendicular to the direction where the fluid moves (von Volkmann fig. 5; Vaez-Iravani fig. 1; In combination, the light sources 2 of von Volkmann are positioned at the laser source 146 of Vaez-Iravani, pointed towards the conduit 104. In both the direction of the fluid 120 and the direction of the optical beam 142 of Vaez-Iravani, the light sources 2 of von Volkmann would be arranged to be separated from one another, i.e. they do not touch).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Vaez-Iravani to incorporate the teachings of von Volkmann to include wherein the illuminator is composed of a plurality of light sources; and the plurality of light sources are arranged to be separated from each other in a direction where the fluid moves and a direction perpendicular to the direction where the fluid moves; based on a photographing point of the camera; for the advantages of intensity compensation, coupling efficiency and an extremely compact design with multiple light pulse generation (von Volkmann [0121]).
As to claim 6, Vaez-Iravani teaches the device for diagnosing the particles in the opaque fluid of claim 1.
However, Vaez-Iravani does not explicitly disclose wherein the plurality of light sources are arranged to be separated from each other at a predetermined interval in a ring shape.
Von Volkmann, in the same field of endeavor as the claimed invention, teaches wherein the plurality of light sources are arranged to be separated from each other at a predetermined interval in a ring shape (von Volkmann fig. 5; [0159]; [0121]; “FIG. 5 shows a schematic representation of a preferred circuit board on which emission light sources 2 are arranged in a circle”, separated from each other, and “can be positioned particularly closely on such a ring with distances of less than 0.1 mm”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Vaez-Iravani to incorporate the teachings of von Volkmann to include wherein the plurality of light sources are arranged to be separated from each other at a predetermined interval in a ring shape; for the advantage of intensity compensation, coupling efficiency and an extremely compact design with multiple light pulse generation (von Volkmann [0121]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kemaya Nguyen whose telephone number is (571)272-9078. The examiner can normally be reached Mon - Fri 11 am – 8 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877
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