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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure sheets (IDS) submitted on November 15th, 2024 and January 6th, 2026 have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15, 17, and 20-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "one of the second perspectives" in line 18. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “one of the second perspectives” is interpreted as “the second perspective”.
Claim 15 recites the limitation “another one of the second perspectives” in line 23. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “another one of the second perspectives” is interpreted as “a third perspective”.
Claim 17 recites the limitation "the first structured light stripe region" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, "the first structured light stripe region" is interpreted as "a first structured light stripe region".
Claim 17 recites the limitation " the first perspective" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the first perspective” is interpreted as “a first perspective”.
Claim 17 recites the limitation "the second structured light stripe region" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, "the second structured light stripe region" is interpreted as "a second structured light stripe region".
Claim 17 recites the limitation " the second perspective" in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the second perspective” is interpreted as “a second perspective”.
Claim 20 recites the limitation "the mask" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the mask” is interpreted as “a mask”.
Claim 20 recites the limitation "the first galvo mirror" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the first galvo mirror” is interpreted as “a first galvo mirror”.
Regarding claim 20, dependency is aimed at claim 19, which is cancelled in amended claims filed November 15th, 2024. For examination purposes, claim 20 is interpreted as being dependent upon claim 17, which has incorporated the subject matter of claim 19.
Claim 21 recites the limitation "the second galvo mirror" in line 5. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the second galvo mirror” is interpreted as “a second galvo mirror”.
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.
Claims 1, 3-7, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xi (CN 111897118 A, as evidenced by the machine translation).
Regarding claim 1, Xi discloses a super-resolution single-objective light-sheet optical microscopy system (Figs. 1-2, [0067], “multidimensional tomographic fluorescence microscopy imaging system”), comprising:
a light source module (Ls1 and Ls2), configured to output a laser beam with a single wavelength or multiple wavelengths ([0071], “two lasers Ls1 and Ls2 … Ls1 and Ls2, emit linearly polarized laser light in different wavelength bands”);
a light sheet generation and phase adjustment module (examiner interprets the elements of PBS, HWP, and SLM to form the module), configured to
receive the laser beam with a single wavelength or multiple wavelengths (as shown in Fig. 1, M2 directs the laser beam towards the PBS), and
output two light sheets ([0071], “Periodic black and white alternating binary fringes are loaded onto the SLM, causing the laser to be reflected and forming multi-level linearly polarized diffracted light”, examiner interprets the multi-level light to be the two sheets of light),
a scanning module (DM1, DM2), configured to guide the two light sheets outputted by the light sheet generation and phase adjustment module (as shown in Fig. 1, DM1 and DM2 guide the light outputted from PBS towards OB) to a single objective (OB),
the single objective (OB), arranged downstream of the scanning module (DM1), and configured to
allow the guided two light sheets to pass therethrough and interfere with each other to form a structured light stripe region ([0071], “±1st order linearly polarized diffracted light interferes at the rear focal plane of the objective lens to form sinusoidal fringes, illuminating the sample SP and exciting it to fluoresce”), and
receive fluorescence signals ([0071], “The fluorescence returns and is collected by the objective lens”),
a fluorescence detection module (C), configured to record the fluorescence signal received by the single objective ([0071], “camera C collects the fluorescence of the corresponding wavelength band at different positions to obtain an original image”).
Regarding claim 3, Xi further discloses wherein the fluorescence signal is generated by the structured light stripe region illuminating a sample under imaging ([0081], “±1 order linearly polarized diffracted light interferes on the back focal plane of the objective lens to form sinusoidal fringes, illuminating the sample and exciting it to produce fluorescence”).
Regarding claim 4, Xi further discloses wherein the light sheet generation and phase adjustment module comprises a spatial light modulator (SLM, [0071], “a spatial light modulator SLM”), a half-wave plate (HWP, [0071], “a half-wave plate HWP”), a polarizing beam splitter (PBS, [0071], “a polarization beam splitter PBS”), a cylindrical lens (L3, [0071], “condenser lens L3”), and a mask (Mk, [0071], “a spatial filter Mk”).
Regarding claim 5, Xi further discloses wherein the spatial light modulator (SLM), the half-wave plate (HWP), and the polarizing beam splitter (PBS) are arranged in a configuration forming a phase grating ([0071], “Periodic black and white alternating binary fringes are loaded onto the SLM, causing the laser to be reflected and forming multi-level linearly polarized diffracted light”), such that the laser beam with a single wavelength or multiple wavelengths generates light components of positive and negative multiple orders after passing through the phase grating ([0071], “The multi-level linearly polarized diffracted light then passes through a half-wave plate and a polarizing beam splitter”).
Regarding claim 6, Xi further discloses wherein
the polarizing beam splitter (PBS) is configured to reflect the laser beam with a single wavelength or multiple wavelengths towards the half-wave plate ([0075], “The linearly polarized laser of the selected band is expanded by a beam expander, and then passes through a polarization beam splitter and a half-wave plate”), such that
the reflected laser beam with a single wavelength or multiple wavelengths passes through the half-wave plate before being incident on the spatial light modulator ([0075], “passes through a polarization beam splitter and a half-wave plate to the spatial light modulator”),
the spatial light modulator is configured to be switchable between at least two different states ([0076], “Periodic black and white alternating binary periodic stripes are loaded on the spatial light modulator”), under which, the spatial light modulator defines accordingly different patterns for generating the light components of positive and negative multiple orders ([0076], “it forms multi-level linearly polarized diffraction light.”).
Regarding claim 7, Xi further discloses wherein the mask is
configured to retain only the light components of positive and negative first orders, while filtering out the light components of all other orders ([0078], “after passing through the spatial filter, only the ±1st order linearly polarized diffracted light passes through”), and
arranged downstream of the cylindrical lens (as shown in Fig. 1, Mk is downstream of L3), such that the two light sheets are generated after the light components of positive and negative multiple orders passing through the cylindrical lens and the mask orders ([0078], “after passing through the spatial filter, only the ±1st order linearly polarized diffracted light passes through”).
Regarding claim 22, Xi further discloses a super-resolution single-objective light-sheet microscopy system ([0065], “obtaining super-resolution capabilities while obtaining multidimensional tomographic signals”), comprising:
a microscope stage (SP) with a plane for carrying a sample under imaging ([0071], “The light is then converged by the objective lens OB onto the sample SP located at the rear focal plane of the objective lens”), and
a super-resolution single-objective light-sheet optical microscopy system (Fig. 1 shows the microscopy system with the single objective OB),
wherein an optical axis (the light rays as shown in Fig. 1 directed towards SP) of a single objective in the super-resolution single-objective light-sheet optical microscopy system is at 90-degree angle to the plane (the light rays hitting SP are at a 90-degree angle).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Xi (CN 111897118 A, as evidenced by the machine translation) in view of Anhut (US 2022/0043246).
Regarding claim 2, Xi discloses as is set forth in claim 1 rejection above but does not specifically disclose wherein the scanning module is configured to allow the structured light stripe region to move for scanning along a direction; and the fluorescence detection module is configured to synchronously record the fluorescence signal received by the single objective during the scanning.
However Anhut, in the same field of endeavor because both teach an optical microscopy system, teaches wherein the scanning module (Fig. 1, element 6) is configured to allow the structured light stripe region ([0087], “a stripe structure of the light sheets 9 is generated”) to move for scanning along a direction ([0072], “The scanner 6, which is controlled by the control unit 15, deflects the laser light in an x-direction x and/or in a y-direction y”); and the fluorescence detection module (14) is configured to synchronously record the fluorescence signal received by the single objective during the scanning ([0071], “a detector 14 in the form of a spatially resolving camera are present in a detection beam path (symbolized by way of broken full lines)”, [0079], “the detector 14 (see FIGS. 1 and 2) is triggered here such that a recording is made when each lateral position of the light sheet 9 is reached”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical microscopy system of Xi with the wherein the scanning module is configured to allow the structured light stripe region to move for scanning along a direction; and the fluorescence detection module is configured to synchronously record the fluorescence signal received by the single objective during the scanning as taught by Anhut, for the purpose of illuminating the sample in thin layers ([0041]).
Allowable Subject Matter
Claims 8-14 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 U.S.C. 102 or 103.
Specifically, regarding claim 8, none of the prior art either alone or in combination disclose or suggest wherein the structured light stripe region comprises a first structured light stripe region under a first perspective and a second structured light stripe region under a second perspective; the spatial light modulator is switchable between: a first state, in which, the spatial light modulator defines a first diffraction pattern, allowing a first pair of the two light sheets, for forming the first structured light stripe region under the first perspective, to be outputted from the light sheet generation and phase adjustment module; and a second state, in which, the spatial light modulator defines a second diffraction pattern different from the first diffraction pattern, allowing a second pair of the two light sheets, for forming the second structured light stripe region under the second perspective, to be outputted from the light sheet generation and phase adjustment module.
Claims 9-14 and 16 are objected to due to dependency upon claim 8.
Claims 15, 17, and 20-21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 15 is objected to due to dependency upon claim 8.
Specifically, regarding claim 17, none of the prior art either alone or in combination disclose or suggest wherein for two-dimensional super-resolution microscopy, the first structured light stripe region under the first perspective and the second structured light stripe region under the second perspective are moved along perpendicular directions to each other for scanning, wherein for three-dimensional super-resolution microscopy, the first structured light stripe region under the first perspective and the second structured light stripe region under the second perspective are moved along a same straight line but in opposite directions for scanning, wherein the light sheet generation and phase adjustment module further comprises a beam expansion and filtering submodule, configured to expand and filter the laser beam with a single wavelength or multiple wavelengths, arranged to allow the laser beam with a single wavelength or multiple wavelengths to first pass through the beam expansion and filtering submodule once entering the light sheet generation and phase adjustment module.
Claims 20-21 are objected to due to dependency upon claim 17.
Conclusion
The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure. Pertsinidis (US 2023/0333018), Larrieu (US 2021/0041681), Kleppe (US 2015/0226670), Tang (CN 107966757 A, as evidenced by the machine translation), teach a super-resolution single-objective light-sheet optical microscopy system, comprising: a light source module, a light sheet generation and phase adjustment module, a scanning module, and a single objective configured to allow the guided two light sheets to pass therethrough and interfere with each other to form a structured light stripe region.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW Y LEE whose telephone number is (571)272-3526. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270 - 1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW Y LEE/Examiner, Art Unit 2872 20 August 2026
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