DETAILED ACTION
This Office Action for U.S. Patent Application 18864,997 is responsive to communications filed on 2/18/26, in reply to the Non-Final Rejection of 11/19/25. Currently, claims 1-2, 5-8, 12, 15-16, 20-23, 27, 29-30, 33-35 and 37 are pending.
Response to Amendment
Applicant’s amendments to claims 1, 15, and 29 are acknowledged.
Response to Arguments
Applicant's arguments filed 2/18/26 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues on pages 7-9 of the Response that Nishikawa does not teach “as the sample is disposed on the stage, projecting light from the pattern illumination subsystem of the microscope system onto the sample in the illumination pattern based on computed coordinates of the desired pattern; obtaining an image of the illumination pattern from the sample with the imaging subsystem”, as amended.
However, new reference Tang (WO 2005043197 A2; cited in the IDS filed 4/17/26) is cited as teaching “projecting light” using the two points 210a and 220a which are projected by the LCD excitation modulator 60 and captured by the CCD 10 (Figs. 9A and 9B; para[0089]) and using the locations of the two circles to provide an x-y coordinate “target. In addition, Tang teaches an automated algorithm is capable of calculating the necessary translation, rotation, and magnification of the calibration points to be used to generate LCD masks with the co-registration of the LCD mask and the CCD such that dots 210a and 220a align with dots to 210b and 220b, respectively (i.e., “calibrating”) (para[0090]).
Therefore, Nishikawa and Tang teach all of the limitations of claim 1. In addition, please see the below-stated rejection of claim 1.
Regarding claims 2, 5-8, 12, 15-16, 20-23, 27, 29-30, 33-35 and 37, please refer to the above-stated discussion for claim 1 and the below-stated rejection of the claims.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “an imaging subsystem adapted to obtain”, “a processing subsystem adapted to identify”, and “a pattern illumination subsystem adapted to illuminate” in claim 1, “an imaging subsystem adapted to obtain”, “a processing subsystem adapted to identify”, and “a pattern illumination subsystem adapted to illuminate” in claim 15.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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 1, 5-6, 8, 12, 15, 20-21, 23, 27, 29, 33, 35, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Nishikawa (U.S. Pub. No. 2018/0210183; cited in the IDS filed 1/17/25) in view of Tang et al. (WO 2005043197 A2; cited in the IDS filed 4/17/26).
In regard to claim 1, Nishikawa teaches a method of calibrating a microscope system (i.e., the present invention relates to a slide for positioning accuracy management and a positioning accuracy management apparatus and method) (para[0001]), the microscope system comprising a stage (i.e., an XYZ stage 55) (Fig. 13; para[0108]), an imaging subsystem adapted to obtain one or more images (i.e., the optical adapter 60 magnifies an image from the objective lens 58, which does not propagates to the eyepiece lens 59, and forms the image on the sensor of a digital camera 61) (Fig. 13; para[0108], [0110]) of a sample on the stage (i.e., microscope system’s side is provided with a stage for a microscope capable of correcting a rotation shift of the slide and an origin position shift and an imaging mechanism) (Fig. 13; para[0055]), a processing subsystem (i.e., information processing apparatus 1300) (Fig. 13; para[0111]) adapted to identify a region of interest in the sample from images obtained by the imaging subsystem (i.e., stores or records the position of a stage for a microscope at which a region (ROI: region of interest) required to be observed in detail has been observed; the microscope system 51 is connected to an information processing apparatus 1300 such as a PC (Personal Computer) and operates under the control of the information processing apparatus 1300) (Fig. 13; para[0003], [0111]), and a pattern illumination subsystem (i.e., the pattern formed by the projection exposure includes the Y-axis mark 4, the origin mark 5, the auxiliary origin mark 6, and the first to fourth areas 501 to 504 (including the address areas 21 and the increment mark areas 34) (Fig. 11; para[0102]) adapted to illuminate the region of interest in an illumination pattern based on computed coordinates of a desired pattern derived from the images by the processing subsystem (i.e., a pattern arranged on the slide one is formed by projecting and exposing reticle patterns using a reduced projection exposure apparatus; Fig. 11 is a view for explaining a pattern formed on the slide one 1 projection exposure; the pattern formed by the projection exposure includes the Y-axis mark 4, the origin mark 5, the auxiliary origin mark 6, and the first to fourth areas 501 to 504 (including the address areas 21 and the increment mark areas 34; note that of the address areas 21 in each area, the address area located at the origin position is an absolute position address area) (Fig. 11; para[0102]), the method comprising:
obtaining an image of the illumination pattern from the sample with the imaging subsystem (i.e., an image from the objective lens 58 is guided to the eyepiece lens 59 for magnified observation and observed by the user; in addition, the optical adapter 60 magnifies an image from the objective lens 58, which does not propagates to the eyepiece lens 59, and forms the image on the sensor of a digital camera 61) (Fig. 13; para[0108]);
measuring differences between actual coordinates of the illumination pattern in the image and the computed coordinates (i.e., there may be an error in a coordinate read value relative to a designated position depending on the performance of an encoder (not shown) incorporated in the XYZ stage 55; in this case, the relationship between movement distances (encoder read values) and error values obtained by the above position checking using the slide 1 may be held in a memory (not shown) to correct the movement amount of the XYZ stage 55) (para[0118]); and
generating correction factors based on the measured differences (i.e., there may be an error in a coordinate read value relative to a designated position depending on the performance of an encoder (not shown) incorporated in the XYZ stage 55; in this case, the relationship between movement distances (encoder read values) and error values obtained by the above position checking using the slide 1 may be held in a memory (not shown) to correct the movement amount of the XYZ stage 55; as described above, the determined error can be used for the correction of the movement amount of the XYZ stage 55 or for position management performance accuracy changing/evaluation of the XYZ stage 55) (para[0118], [0137]).
However, Nishikawa does not explicitly teach as the sample is disposed on the stage, projecting light from the pattern illumination subsystem of the microscope system onto the sample in the illumination pattern based on computed coordinates of the desired pattern nor does it teach for calibrating the pattern illumination subsystem of the microscope system.
In the same field of endeavor, Tang teaches as the sample is disposed on the stage, projecting light from the pattern illumination subsystem of the microscope system onto the sample in the illumination pattern based on computed coordinates of the desired pattern (i.e., automated algorithm for optical alignment and co-registration of the LCD images to the CCD; dots 210a and 220a illustrate the two reference points needed to provide two-dimensional alignment; the two points 210a and 220a are projected by the LCD excitation modulator 60 and captured by the CCD 10, as shown in Fig. 9A; the location of the two circles is predetermined on the CCD camera to provide an x-y coordinate “target”) (Figs. 9A and 9B; para[0089]) and teaches for calibrating the pattern illumination subsystem of the microscope system (i.e., an automated algorithm is capable of calculating the necessary translation, rotation, and magnification of the calibration points to be used to generate LCD masks with the co-registration of the LCD mask and the CCD such that dots 210a and 220a align with dots to 210b and 220b, respectively) (para[0090]).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of Nishikawa and Tang because Tang teaches using a projected target pattern in order to correct for any optical distortion in the image (See, for example, para[0088] of Tang). Therefore, it would have been obvious to combine the teachings of Nishikawa with those of Tang.
In regard to claim 5, Nishikawa and Tang teach all of the limitations of claim 1 as discussed above. In addition, Nishikawa teaches further comprising storing the correction factors (i.e., the relationship between movement distances (encoder read values) and error values obtained by the above position checking using the slide 1 may be held in memory (not shown) to correct the movement amount of the XYZ stage) (para[0118]).
In regard to claim 6, Nishikawa and Tang teach all of the limitations of claim 1 as discussed above. In addition, Nishikawa teaches further comprising using the correction factors (i.e., the relationship between movement distances (encoder read values) and error values obtained by the above position checking using slide 1 may be held in a memory (not shown) to correct the movement amount of the XYZ stage 55) (para[0118]) to calibrate the pattern illumination subsystem to adjust a position of light projected by the pattern illumination subsystem (i.e., the moving direction of the XYZ stage 55 is adjusted to move along the X- and Y-axes; in addition, the XYZ stage 55 has, on it, a mechanism (not explicitly shown) capable of adjusting the rotation of the slide 62; for example, when the slide 62 has an origin and an X-axis or Y-axis like the slide 11 exemplarily shown in Fig. 2, the origin and the X- and Y-axes are strictly adjusted to the origin and coordinate axes of the microscope system 51; first of all, the slide 1 is placed instead of the slide 62; the Y-axis mark 4 is aligned with the Y direction (the Y direction array of pixels) of the sensor 63 of the digital camera 61, as shown in Fig. 14A, by using the rotation adjustment mechanism described above; thereafter, the central position of the Y-axis mark 4 is aligned with a center 64 (virtually indicated by a cross mark) of the sensor 63 by x-direction translation position control of the XYZ stage 55) (Figs. 2, 14A; para[0109], [0113]).
In regard to claim 8, Nishikawa and Tang teach all of the limitations of claims 1 and 6 as discussed above. In addition, Nishikawa teaches wherein the pattern illumination subsystem comprises a movable element (i.e., the XYZ stage 55 moves a slide 62 placed on it in the X, Y, and Z directions in an electric mode using an internal scale (encoder) and a manual mode using an XY knob 56 and a Z knob 57; the origin and X-and Y-axes of the XYZ stage 55 are set to strictly match the central position and pixel array of the sensor of the digital camera 61 based on the optical axis of the objective lens 58; the moving direction of the XYZ stage 55 is adjusted to move along the X- and Y-axes) (para[0109]), and wherein using the correction factors (i.e., the relationship between movement distances (encoder read values) and error values obtained by the above position checking using slide 1 may be held in a memory (not shown) to correct the movement amount of the XYZ stage 55) (para[0118]) to calibrate the pattern illumination subsystem to adjust the position of light projected by the pattern illumination subsystem further comprises adjusting movement of the movable element (i.e., the moving direction of the XYZ stage 55 is adjusted to move along the X- and Y-axes; in addition, the XYZ stage 55 has, on it, a mechanism (not explicitly shown) capable of adjusting the rotation of the slide 62; first of all, the slide 1 is placed instead of the slide 62; the Y-axis mark 4 is aligned with the Y direction (the Y direction array of pixels) of the sensor 63 of the digital camera 61, as shown in Fig. 14A, by using the rotation adjustment mechanism described above; thereafter, the central position of the Y-axis mark 4 is aligned with a center 64 (virtually indicated by a cross mark) of the sensor 63 by x-direction translation position control of the XYZ stage 55) (Fig. 14A; para[0109], [0113]).
In regard to claim 12, Nishikawa and Tang teach all of the limitations of claims 1, 6, and 8 as discussed above. However, Nishikawa does not explicitly teach wherein the movable element comprises a Galvanometer or a digital micro-mirror device (DMD).
In the same field of endeavor, Tang teaches wherein the movable element comprises a Galvanometer or a digital micro-mirror device (DMD) (i.e., a digital micro-mirror device (DMD) may also be used as the high resolution spatial light modulator 60 as shown in Figure 16; DMD technology micro-mirrors are connected to pivots fabricated as a large, closely packed array; each micro-mirror can be independently addressed a controlled) (para[0078]-[0079]).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of Nishikawa and Tang for the same reasons as those discussed above for claim 1.
In regard to claim 15, Nishikawa teaches a microscope system (i.e., the present invention relates to a slide for positioning accuracy management and a positioning accuracy management apparatus and method) (para[0001]), comprising:
a stage (i.e., an XYZ stage 55) (Fig. 13; para[0108]);
a sample disposed on the stage (i.e., microscope system’s side is provided with a stage for a microscope capable of correcting a rotation shift of the slide and an origin position shift and an imaging mechanism) (Fig. 13; para[0055]);
an imaging subsystem adapted to obtain one or more images of the sample (i.e., the optical adapter 60 magnifies an image from the objective lens 58, which does not propagates to the eyepiece lens 59, and forms the image on the sensor of a digital camera 61) (Fig. 13; para[0108], [0110]);
a processing subsystem (i.e., information processing apparatus 1300) (Fig. 13; para[0111]) adapted to identify regions of interest in the sample from images obtained by the imaging subsystem (i.e., stores or records the position of a stage for a microscope at which a region (ROI: region of interest) required to be observed in detail has been observed; the microscope system 51 is connected to an information processing apparatus 1300 such as a PC (Personal Computer) and operates under the control of the information processing apparatus 1300) (Fig. 13; para[0003], [0111]); and
a pattern illumination subsystem (i.e., the pattern formed by the projection exposure includes the Y-axis mark 4, the origin mark 5, the auxiliary origin mark 6, and the first to fourth areas 501 to 504 (including the address areas 21 and the increment mark areas 34) (Fig. 11; para[0102]) adapted to illuminate the regions of interest based on coordinates derived from the images by the processing subsystem (i.e., a pattern arranged on the slide one is formed by projecting and exposing reticle patterns using a reduced projection exposure apparatus; Fig. 11 is a view for explaining a pattern formed on the slide one 1 projection exposure; the pattern formed by the projection exposure includes the Y-axis mark 4, the origin mark 5, the auxiliary origin mark 6, and the first to fourth areas 501 to 504 (including the address areas 21 and the increment mark areas 34; note that of the address areas 21 in each area, the address area located at the origin position is an absolute position address area) (Fig. 11; para[0102]), the pattern illumination subsystem being configured to:
obtain an image of the illumination pattern from the sample with the imaging subsystem (i.e., an image from the objective lens 58 is guided to the eyepiece lens 59 for magnified observation and observed by the user; in addition, the optical adapter 60 magnifies an image from the objective lens 58, which does not propagates to the eyepiece lens 59, and forms the image on the sensor of a digital camera 61) (Fig. 13; para[0108]);
measure differences between actual coordinates of the illumination pattern in the image and the computed coordinates (i.e., there may be an error in a coordinate read value relative to a designated position depending on the performance of an encoder (not shown) incorporated in the XYZ stage 55; in this case, the relationship between movement distances (encoder read values) and error values obtained by the above position checking using the slide 1 may be held in a memory (not shown) to correct the movement amount of the XYZ stage 55) (para[0118]); and
generate correction factors based on the measured differences (i.e., there may be an error in a coordinate read value relative to a designated position depending on the performance of an encoder (not shown) incorporated in the XYZ stage 55; in this case, the relationship between movement distances (encoder read values) and error values obtained by the above position checking using the slide 1 may be held in a memory (not shown) to correct the movement amount of the XYZ stage 55; as described above, the determined error can be used for the correction of the movement amount of the XYZ stage 55 or for position management performance accuracy changing/evaluation of the XYZ stage 55) (para[0118], [0137]).
However, Nishikawa does not explicitly teach as the sample is disposed on the stage, project light from the pattern illumination subsystem of the microscope system onto the sample in the illumination pattern based on computed coordinates of the desired pattern nor does it teach for calibrating the pattern illumination subsystem of the microscope system.
In the same field of endeavor, Tang teaches as the sample is disposed on the stage, project light from the pattern illumination subsystem of the microscope system onto the sample in the illumination pattern based on computed coordinates of the desired pattern (i.e., automated algorithm for optical alignment and co-registration of the LCD images to the CCD; dots 210a and 220a illustrate the two reference points needed to provide two-dimensional alignment; the two points 210a and 220a are projected by the LCD excitation modulator 60 and captured by the CCD 10, as shown in Fig. 9A; the location of the two circles is predetermined on the CCD camera to provide an x-y coordinate “target”) (Figs. 9A and 9B; para[0089]) and teaches for calibrating the pattern illumination subsystem of the microscope system (i.e., an automated algorithm is capable of calculating the necessary translation, rotation, and magnification of the calibration points to be used to generate LCD masks with the co-registration of the LCD mask and the CCD such that dots 210a and 220a align with dots to 210b and 220b, respectively) (para[0090]).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of Nishikawa and Tang because Tang teaches using a projected target pattern in order to correct for any optical distortion in the image (See, for example, para[0088] of Tang). Therefore, it would have been obvious to combine the teachings of Nishikawa with those of Tang.
In regard to claim 20, the claim recites analogous limitations to claim 5 above, and is therefore rejected on the same premise.
In regard to claim 21, the claim recites analogous limitations to claim 6 above, and is therefore rejected on the same premise.
In regard to claim 23, the claim recites analogous limitations to claim 8 above, and is therefore rejected on the same premise.
In regard to claim 27, the claim recites analogous limitations to claim 12 above, and is therefore rejected on the same premise.
In regard to claim 29, Nishikawa teaches a non-transitory computing device readable medium having instructions stored thereon (i.e., executes computer executable instructions (e.g., one or more programs) recorded on a storage medium (which may also be referred to more fully as a ‘non-transitory computer-readable storage medium’) (para[0149]), wherein the instructions are executable by one or more processors to cause a computing device (i.e., a computer of a system or apparatus that reads out an executes computer executable instructions; the computer may comprise one or more processors) (para[0149]) to perform a method comprising:
obtain an image of the illumination pattern (i.e., an image from the objective lens 58 is guided to the eyepiece lens 59 for magnified observation and observed by the user; in addition, the optical adapter 60 magnifies an image from the objective lens 58, which does not propagates to the eyepiece lens 59, and forms the image on the sensor of a digital camera 61) (Fig. 13; para[0108]) projected on the sample by the pattern illumination subsystem (i.e., the pattern formed by the projection exposure includes the Y-axis mark 4, the origin mark 5, the auxiliary origin mark 6, and the first to fourth areas 501 to 504 (including the address areas 21 and the increment mark areas 34) (Fig. 11; para[0102]) with an imaging subsystem (i.e., the optical adapter 60 magnifies an image from the objective lens 58, which does not propagates to the eyepiece lens 59, and forms the image on the sensor of a digital camera 61) (Fig. 13; para[0108], [0110]);
measure differences between actual coordinates of the illumination pattern in the image and computed coordinates of the desired pattern (i.e., there may be an error in a coordinate read value relative to a designated position depending on the performance of an encoder (not shown) incorporated in the XYZ stage 55; in this case, the relationship between movement distances (encoder read values) and error values obtained by the above position checking using the slide 1 may be held in a memory (not shown) to correct the movement amount of the XYZ stage 55) (para[0118]); and
generate correction factors based on the measured differences (i.e., there may be an error in a coordinate read value relative to a designated position depending on the performance of an encoder (not shown) incorporated in the XYZ stage 55; in this case, the relationship between movement distances (encoder read values) and error values obtained by the above position checking using the slide 1 may be held in a memory (not shown) to correct the movement amount of the XYZ stage 55; as described above, the determined error can be used for the correction of the movement amount of the XYZ stage 55 or for position management performance accuracy changing/evaluation of the XYZ stage 55) (para[0118], [0137]).
However, Nishikawa does not explicitly teach as a sample is disposed on a stage of a microscope system, project light from a pattern illumination subsystem of the microscope system onto the sample in an illumination pattern based on computed coordinates of a desired pattern nor does it teach for calibrating the pattern illumination subsystem of the microscope system.
In the same field of endeavor, Tang teaches as a sample is disposed on a stage of a microscope system, project light from a pattern illumination subsystem of the microscope system onto the sample in an illumination pattern based on computed coordinates of a desired pattern (i.e., automated algorithm for optical alignment and co-registration of the LCD images to the CCD; dots 210a and 220a illustrate the two reference points needed to provide two-dimensional alignment; the two points 210a and 220a are projected by the LCD excitation modulator 60 and captured by the CCD 10, as shown in Fig. 9A; the location of the two circles is predetermined on the CCD camera to provide an x-y coordinate “target”) (Figs. 9A and 9B; para[0089]) and teaches for calibrating the pattern illumination subsystem of the microscope system (i.e., an automated algorithm is capable of calculating the necessary translation, rotation, and magnification of the calibration points to be used to generate LCD masks with the co-registration of the LCD mask and the CCD such that dots 210a and 220a align with dots to 210b and 220b, respectively) (para[0090]).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of Nishikawa and Tang because Tang teaches using a projected target pattern in order to correct for any optical distortion in the image (See, for example, para[0088] of Tang). Therefore, it would have been obvious to combine the teachings of Nishikawa with those of Tang.
In regard to claim 33, the claim recites analogous limitations to claim 6 above, and is therefore rejected on the same premise.
In regard to claim 35, the claim recites analogous limitations to claim 8 above, and is therefore rejected on the same premise.
In regard to claim 37, the claim recites analogous limitations to claim 12 above, and is therefore rejected on the same premise.
Claims 2, 16, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Nishikawa (U.S. Pub. No. 2018/0210183; cited in the IDS filed 1/17/25) in view of Tang et al. (WO 2005043197 A2; cited in the IDS filed 4/17/26), and further in view of Mikkelsen et al. (U.S. Pub. No. 2017/0299784; cited in the IDS filed 1/17/25).
In regard to claim 2, Nishikawa teaches all of the limitations of claim 1 as discussed above. However, Nishikawa does not explicitly teach wherein the step of obtaining an image comprises obtaining one of a fluorescent image of the sample, a photobleaching image of the sample, a quenching image of the sample, and an image of a reflection of the illumination pattern from a sample slide on the sample.
In addition, Tang teaches obtaining one of a fluorescent image of the sample (i.e., a CCD to capture a fluorescent image) (para[0109]).
However, Tang does not explicitly teach wherein the step of obtaining an image comprise…, a photobleaching image of the sample, a quenching image of the sample, and an image of a reflection of the illumination pattern from a sample slide on the sample.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of Nishikawa and Tang for the same reasons as those discussed above for claim 1.
In the same field of endeavor, Mikkelsen also teaches wherein the step of obtaining an image comprises obtaining one of a fluorescent image of the sample (i.e., using a microscope, individual nanopatch antennas can be identified by dark field and fluorescence imaging (see Figs. 2A and 2B)) (para[0106]), a photobleaching image of the sample (i.e., it was found that the fluorescence is quenched by ~70% compared with QDs on glass; this quenching can be attributed to short-range non-radiative energy transfer between the QDs and the Au film; at higher excitation power densities, permanent photobleaching of the QDs occurs before saturation of the excited state population can be reached) (Fig. 3A; para[0109]), a quenching image of the sample (i.e., it was found that the fluorescence is quenched by ~70% compared with QDs on glass; this quenching can be attributed to short-range non-radiative energy transfer between the QDs and the Au film) (Fig. 3A; para[0109]), and an image of a reflection of the illumination pattern from a sample slide on the sample (i.e., the fundamental plasmonic mode is a Fabry-Perot resonance resulting from multiple reflections of the waveguide mode; Fig. 37B illustrates a graph showing representative polarized reflectance spectra) (Fig. 37B; para[0101], [0193]).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of Nishikawa, Tang, and Mikkelsen because Mikkelsen teaches obtaining images of sample slides using fluorescence, photobleaching, reflection, and quenching in order to improve the precision and image capturing of the device (See, for example, para[0006] of Mikkelsen). Therefore, it would have been obvious to combine Nishikawa, Tang, and Mikkelsen.
In regard to claims 16 and 30, the claims recite analogous limitations to claim 2 above, and are therefore rejected on the same premise.
Claims 7, 22, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Nishikawa (U.S. Pub. No. 2018/0210183; cited in the IDS filed 1/17/25) in view of in view of Tang et al. (WO 2005043197 A2; cited in the IDS filed 4/17/26), further in view of Inada (U.S. Pub. No. 2005/0072920; cited in the IDS filed 1/17/25).
In regard to claim 7, Nishikawa and Tang teach all of the limitations of claims 1 and 6 as discussed above. However, Nishikawa and Tang do not explicitly teach wherein the step of using the correction factors to adjust a position of light projected by the pattern illumination subsystem is performed only if the correction factors exceed a predetermined calibration threshold.
In the same field of endeavor, Inada teaches wherein the step of using the correction factors to adjust a position of light projected by the pattern illumination subsystem is performed only if the correction factors exceed a predetermined calibration threshold (i.e., a flowchart in Fig. 23 shows a flow in which with the electronic microscope capable of performing auto focusing and astigmatism correction, an astigmatic difference is calculated from the status of the electron microscope at present, the calculated difference is compared with a predetermined threshold value of astigmatic difference amount to quantitatively decide whether the astigmatism correction has been completed and if completion is concluded, the astigmatism correction routine is ended without being carried out, thereby ensuring that the operation of astigmatism correction can be reduced).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of Nishikawa, Tang, and Inada because Inada teaches only using correction when the calculated difference exceeds a predetermined threshold in order to improve the focus and operational capability of the device (See, for example, para[0008], [0022]). Therefore, it would have obvious to combine the teachings of Nishikawa and Tang with those of Inada.
In regard to claims 22 and 34, the claims recite analogous limitations to claim 7 above, and are therefore rejected on the same premise.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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KRISTIN DOBBS
Examiner
Art Unit 2488
/KRISTIN DOBBS/Examiner, Art Unit 2488
/SATH V PERUNGAVOOR/Supervisory Patent Examiner, Art Unit 2488
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