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 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 1-5, 7, 9-17, 19, 20 and 22-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaus et al (US 2020/0409130 A1).
Regarding claim 1, Gaus discloses an optical device (Fig. 10 and para 78 “confocal microscope”) comprising:
a plurality of optical components (see optical components shown in Fig. 10) comprising at least one primary mirror (Fig. 10 and para 78 “mirror 3”) and further comprising at least one scanning mirror component and/or at least one spatial light modulator and/or at least one digital mirror (Fig. 10 and para 78 “mirror 11 mounted on a piezo-electric mirror mount 9”), wherein the plurality of optical components are configured to direct light from an input module (Fig. 10 and para 78 “light source 1”) /output module (Fig. 10 and para 77 “detector 12”) to an objective module (Fig. 10 and para 78 “objective lens 6”) and from the objective module to the input/output module (the beam path is reflected by sample 7 and guided back by the optical components to the input/output module) and to manipulate a position and/or pattern of the light (para 61); and
a mono-block structure (Figs. 16-20, prior para 85 “3D Printed Microscope Housing”) in which the plurality of optical components is mounted (para 86 “Housing 190 … is a monolithic block … accommodate all the optical elements of the confocal microscope”), wherein the mono-block structure is a continuous single structure having walls and a base (see Figs. 16-20 and para 25).
Regarding claim 2, the optical device according to claim 1, wherein the plurality of optical components comprises at least one scanning mirror component (Fig. 10 and para 78 “mirror 11 mounted on a piezo-electric mirror mount 9”) and the manipulating of the light comprises scanning a position of the light (para 61 “the scanning mirror is used to align the emitted radiation into the photo-detector”).
Regarding claim 3, the optical device according to claim 1, further comprising the input/output module (input module Fig. 10 and para 78 “light source 1”, output module Fig. 10 and para 77 “detector 12”) and the objective module (Fig. 10 and para 78 “objective lens 6”), wherein the input/output module is configured to receive and/or generate incoming light and to collect reflected and/or transmitted light for sensing or detection(the beam path is reflected by sample 7 and guided back by the optical components to the input/output module), and the objective module (6) is configured to transmit light to and/or receive light from a target (7).
Regarding claim 4, the optical device according to claim 1,
wherein at least one of a) and b):
a) components of the input/output module are mounted in the mono-block structure;
b) components of the objective module are mounted in the mono-block structure (para 86 “Housing 190 … is a monolithic block … accommodate all the optical elements of the confocal microscope”, see Figs. 20b and 20c show the monolithic block having slots for mirror, piezoelectric mirror, detector, dichroic mirror and laser).
Regarding claim 5, the optical device according to claim 1,
wherein at least one of a) and b):
a) the input/output module is removably attachable to the mono-block structure;
b) the objective module is removably attachable to the mono-block structure (para 87 “the optical components are mounted inside the housing by screws”).
Regarding claim 7, the optical device according to claim 1,
wherein the mono-block structure is formed by at least one of: machining, milling, moulding, casting, additive manufacture (para 105 “monolithic housing may be injection moulded from plastics or other materials”).
Regarding claim 9, the optical device according to claim 1,
further comprising a lid (Fig. 20d and para 88 “bottom cover 198”), wherein the mono-block structure and lid are configured to fit together to form an enclosure providing ingress protection (para 88 “the design of housing 190 and bottom cover is such that external light is completely prevented from entering the microscope”).
Regarding claim 10, the optical device according to claim 1,
wherein the mono-block structure comprises one or more heat sink elements each comprising a
respective plurality of slots or fins (see Figs. 16-18, slots near compartment 197).
Regarding claim 11, the optical device according to claim 1,
wherein the mono-block structure comprises a plurality of mounting points for direct mounting
of at least some of the plurality of optical components to the mono-block structure (see Figs. 20b and 20c and para 87).
Regarding claim 12, the optical device according to claim 1,
wherein the at least one primary mirror (mirror 3) is mounted to at least one wall of the mono-block structure such that the at least one wall of the mono-block structure acts as a fixed backplate to
the at least one primary mirror (see Fig. 20b, the wall acts as a backplate to at least one primary mirror 3).
Regarding claim 13, the optical device according to claim 1,
wherein the optical device is configured to perform at least one of: confocal imaging (para 1 “confococal microscopy”), microendoscopy, multiphoton imaging, free-space imaging, non-linear imaging, ultrafast process imaging, fluorescence imaging, time-resolved fluorescence imaging, Raman imaging, time-resolved Raman imaging.
Regarding claim 14, the optical device according to claim 1,
wherein the light comprises at least one of visible light (para 113 “532 nm” and para 115 “450 nm”), infrared light.
Regarding claim 15, the optical device according to claim 1,
further comprising a detector (Fig. 10 “detector 12”) and detector optics (10), wherein at least part of the detector and/or the detector optics is mounted in the mono-block structure (see Fig. 20c).
Regarding claim 16, the optical device according to claim 1,
further comprising a light source (Fig. 10 “light source 1”) and light source optics (2), wherein at least part of the light source and/or the light source optics is mounted in the mono-block structure (see Fig. 20c).
Regarding claim 17, Gaus discloses a system comprising the optical device of claim 1 and a detector module configured to perform the sensing or detection (para 84 “detectors 23” and “detector 25”).
Regarding claim 19, the system according to claim 17,
Further comprising a further fibre configured to provide light from the input/output module to the detector module, optionally where the further fibre acts as a system pinhole (Fig. 15 and para 84 “optical fibre 150”).
Regarding claim 20, the system according to claim 17,
wherein the system is portable (para 107, the size of the microscope implies portable).
Regarding claim 22, Gaus discloses a method comprising:
directing, by a plurality of optical components (see optical components shown in Fig. 10), light (Fig. 10 and para 78 “light source 1”) from an input/output module (input module Fig. 10 and para 78 “light source 1”, output module Fig. 10 and para 77 “detector 12”) to an objective module (Fig. 10 and para 78 “objective lens 6”), wherein the plurality of optical components comprises at least one primary
mirror (Fig. 10 and para 78 “mirror 3”) and further comprises at least one scanning mirror component and/or at least one spatial light modulator and/or at least one digital mirror (Fig. 10 and para 78 “mirror 11 mounted on a piezo-electric mirror mount 9”) configured to manipulate a position and/or pattern of the light (para 61), and wherein the plurality of optical components is mounted in a mono-block structure (Figs. 16-20, prior para 85 “3D Printed Microscope Housing”; para 86 “Housing 190 … is a monolithic block … accommodate all the optical elements of the confocal microscope”), wherein the mono-block structure is a continuous single structure having walls and a base (see Figs. 16-20 and para 25); and
directing, by the plurality of optical components, light from the objective module to the input/output module (the beam path is reflected by sample 7 and guided back by the optical components to the input/output module).
Regarding claim 23, a method comprising:
forming or receiving a mono-block structure (Figs. 16-20, prior para 85 “3D Printed Microscope Housing”; para 86 “Housing 190 … is a monolithic block … accommodate all the optical elements of the confocal microscope”), wherein the mono-block structure is a continuous single structure having walls and a base (see Figs. 16-20 and para 25); and
mounting a plurality of optical components (see optical components shown in Fig. 10) within the enclosure (see Figs. 16-20), wherein the plurality of optical components comprises at least one primary mirror (Fig. 10 and para 78 “mirror 3”) and further comprises at least one scanning mirror component and/or at least one spatial light modulator and/or at least one digital mirror (Fig. 10 and para 78 “mirror 11 mounted on a piezo-electric mirror mount 9”), and wherein the plurality of optical components are configured to direct light (Fig. 10 and para 78 “light source 1”) from an input/output module (input module Fig. 10 and para 78 “light source 1”, output module Fig. 10 and para 77 “detector 12”) to an objective module (Fig. 10 and para 78 “objective lens 6”) and from the objective module to the input/output module and to manipulate a position and/or pattern of the light (para 61).
Regarding claim 24, the method according to claim 23,
wherein the mounting comprises directly mounting at last some of the plurality of optical components toa plurality of mounting points of the mono-block structure (see Figs. 20b and 20c and para 87).
Regarding claim 25, the method according to claim 23,
wherein the mounting comprises mounting at least one primary mirror (mirror 3) to at least one wall of the mono-block structure such that the at least one wall of the mono-block structure acts as a fixed backplate to the at least one primary mirror (see Fig. 20b, the wall acts as a backplate to at least one primary mirror 3).
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.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Gaus et al (US 2020/0409130 A1) in view of Jeannotte et al (US 2018/0313796 A1).
Gaus discloses the claimed invention as set forth above except for wherein the mono-block structure is formed by machining a block of a material, optionally wherein the material comprises aluminium or wherein the mono-block structure is formed of at least one of: aluminium, carbon fibre.
Jeannotter discloses the mono-block structure is formed by machining a block of a material, optionally wherein the material comprises aluminium or wherein the mono-block structure is formed of at least one of: aluminium, carbon fibre (para 225 “The analysis that aluminum is a suited material for the optics bench takes into consideration a lot of factors such as strength, dimensional stability, vibration sensitivity and cost” and para 256 “As shown by FIG. 47, aluminum can be shaped, joined and finished by a wide variety of processes but for polymer manufacturing processes such as thermoforming, injection molding, blow molding and the like”).
It would have been obvious to one having ordinary skill in the art at the time of invention before the effective filing date to make the mono-block structure formed by machining a block of a material, optionally wherein the material comprises aluminium or wherein the mono-block structure is formed of at least one of: aluminium, carbon fibre for the purpose of obtaining excellent strength, dimensional stability, vibration sensitivity and cost (see para 225).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Gaus et al (US 2020/0409130 A1) in view of Mertz et al (US 2010/0224796 A1).
Gaus discloses the claimed invention as set forth above except for the system further comprising an imaging fibre that is attachable to the objective module.
Mertz discloses for the system further comprising an imaging fibre that is attachable to the objective module (Fig. 7 and para 108 “optical-fiber bundle 75 … incident on first, proximal end 62 of the bundle 75 is relayed to a second, distal end 64 of the bundle 75” is attachable to the objective module 68”).
It would have been obvious to one having ordinary skill in the art at the time of invention before the effective filing date to have the system further comprising an imaging fibre that is attachable to the objective module for the purpose of achieving a higher flexibility of the microscope, allowing to examine difficult to reach samples.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Gaus et al (US 2020/0409130 A1) in view of Balu et al (US 2018/0106729 A1).
Gaus discloses the claimed invention as set forth above except for the system further comprising a moveable arm onto which is mounted the optical device.
Balu disclseos Gaus discloses the system further comprising a moveable arm onto which is mounted the optical device (Fig. 1 and para 59 “flexible mechanical arm 20” “articulated optical arm 22”).
It would have been obvious to one having ordinary skill in the art at the time of invention before the effective filing date to further comprising a moveable arm onto which is mounted the optical device for the purpose of bringing the microscope closer to a sample.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUNCHA P CHERRY whose telephone number is (571)272-2310. The examiner can normally be reached M to F 7am to 3:30pm.
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9/16/2026
/EUNCHA P CHERRY/Primary Examiner, Art Unit 2872
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