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 statements (IDS) submitted on 13 December 2024 and 14 February 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8: “the beam paths” in line 4 should be “the first and second beam paths”, “the plurality of sliders” in lines 7-8 and 8 respectively should be “the plurality of single sliders”, and “and or” in line 11 should be “and/or” for further clarity and continuity in the claim language.
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.
Claims 1-2, 4-5, and 9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Furlan (USPGPub 20120295268 A1).
Regarding claim 1, Furlan teaches an optical system comprising: a light source (4) (see figure 1, light source 4); a detector (7) (see figure 1, detector 7); and a sample holder (2) (see figure 1, analyte region 2 (i.e. sample holder)), wherein a first beam path (5) runs from the light source (4) to the sample holder (2) and a second beam path (8), which is separated from the first beam path (5), runs from the sample holder (2) to the detector (7) (see figure 1, excitation light 30 running along excitation beam path 5 and detecting light 31 running along emission beam path 8), the optical system includes a filter carrier (9/12) has a plurality of filters (13) (see figure 1, filter arrangement 9; and see figure 2A, filter unit 12 having a plurality of filter portions 13 disposed thereon), a filter pair (29) is formed by two filters of the plurality of filters (13) (see figure 2B, openings 24 containing filter pair 29 through which light passes), and the filter carrier (9/12) is arranged in the optical system such that the first beam path (5) runs through a first filter (13) of the filter pair (29) and the second beam path (8) runs through a second filter (13) of the filter pair (29) (see figure 4A; and ¶58, FIG. 4A illustrates a first rotating position of filter wheel 15 in which one pair 29 of filter portions 13 related to one dye, e.g. Cyan 500, is in operative position in which the first and second filter portions 13 are in overlap with the openings 24. Accordingly, first filter portion 13, adapted to transmit and filter excitation light 30 having an excitation peak of 440 nm, for example, is located in the excitation beam path 5 so that the dye can be excited by light 30 directed towards the samples 27 via the excitation fibers 28. Also illustrated, second filter portion 13, adapted to transmit and filter light 31 emitted by samples 27 in response to excitation light 30 (having an emission peak of 480 nm), is located in emission beam path 8 so that light 31 collected by emissions fibers 28 may be detected by detector 7).
Regarding claim 2, Furlan teaches the optical system according to claim 1, wherein: the optical system is a fluorescence measuring system (¶6, The instrument can be used to detect analytes by measuring light emitted by two or more luminescence labels indicating the analytes in response to excitation light…The luminescence labels can, e.g., be chosen as fluorescence dyes, wherein the specific value of the fluorescence signal obtained usually correlates to the amount of analyte contained in the sample); an excitation light (30) runs along the first beam path (5) through the first filter (13) of the filter pair (29) (see figure 1, excitation light 30 running along excitation beam path 5); and a fluorescence light (31) runs separate from the excitation light (30) along the second beam path (8) through the second filter (13) of the filter pair (29) (see figure 1, detecting light 31 running along emission beam path 8; and see ¶6).
Regarding claim 4, Furlan teaches the optical system according to claim 1, wherein: the filter carrier (9/12) is a filter wheel (15) (see figures 2A-2C, filter wheel 15), and the filter wheel (15) is rotatably supported about a center of rotation (17/26) (¶49, filter wheel 15 can be rotated around central wheel hub 17 thereby defining a spin axis 26 so as to rotate filter portions 13).
Regarding claim 5, Furlan teaches the optical system according to claim 4, wherein: the first and second filters (13) of the filter pair (29) have different distances from the center of rotation (17/26); and/or the first and second filters (13) of the filter pair (29) and the center of rotation (17/26) do not lie on a common straight line (see figure 2B, the openings 29 along which the filter pair is aligned are not along a common path; and ¶50, in circumferential direction the openings 24 are arranged in a manner that the radii passing through the openings 24 enclose an angle of 150.degree.).
Regarding claim 9, Furlan teaches a method of using a filter carrier (9/12) in an optical system having a light source (4), a detector (7) and a sample holder (2), comprising: providing a first beam path (5) of the optical system which runs from the light source (4) to the sample holder (2) (see figure 1, light source 4, detector 7, analyte region 2 (i.e. sample holder), and excitation light 30 running along excitation beam path 5); providing a second beam path (8) of the optical system, which is separate from the first beam path (5), which runs from the sample holder (2) to the detector (7) (see figure 1, detecting light 31 running along emission beam path 8); providing a filter carrier (9/12) which comprises a plurality of filters (13), wherein a filter pair (29) is formed by a first and a second filter (13) (see figure 1, filter arrangement 9; see figure 2A, filter unit 12 having a plurality of filter portions 13 disposed thereon; and see figure 2B, openings 24 containing filter pair 29 through which light passes); and arranging the filter carrier (9/12) in the optical system such that the first beam path (5) runs through the first filter (13) and the second beam path (8) runs through the second filter (13) (see figure 4A; and ¶58, FIG. 4A illustrates a first rotating position of filter wheel 15 in which one pair 29 of filter portions 13 related to one dye, e.g. Cyan 500, is in operative position in which the first and second filter portions 13 are in overlap with the openings 24. Accordingly, first filter portion 13, adapted to transmit and filter excitation light 30 having an excitation peak of 440 nm, for example, is located in the excitation beam path 5 so that the dye can be excited by light 30 directed towards the samples 27 via the excitation fibers 28. Also illustrated, second filter portion 13, adapted to transmit and filter light 31 emitted by samples 27 in response to excitation light 30 (having an emission peak of 480 nm), is located in emission beam path 8 so that light 31 collected by emissions fibers 28 may be detected by detector 7).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Furlan (USPGPub 20120295268 A1) in view of Bowen et al. (U.S. Patent No. 4977325 A).
Regarding claim 3, Furlan teaches the first and second filters (13) of the filter pair (29) (see figure 2B, openings 24 containing filter pair 29 through which light passes). However, Furlan fails to explicitly teach wherein the first and second filters of the filter pair block different frequency ranges.
However, Bowen teaches wherein the first and second filters (102/104 and 44/46) of the filter pair block different frequency ranges (see figure 2, filter pair of 102 and 104 and filter pair of 44 and 46; and col. 5, lines 22-25 and 34-39, each of the bandpass filters 44 and 46 are made entirely of Schott absorbing glass with the excitation filter 44 passing light of a narrow bandwidth around 360 nm, and the emission filter 46, which has a neutral density evaporative coating, passing light of a narrow bandwidth about 450 nm… The excitation filter 102 is designed to transmit light in a narrow bandwidth between 545 and 555 nm, while the emission bandpass filter 104 transmits light having wavelengths in the narrow bandwidth from about 575 to 585 nm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Furlan to incorporate the teachings of Bowen to have each filter of the filter pair blocking different ranges for proper isolation between excitation and emission wavelengths (Bowen, col. 6, lines 54-55).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Furlan (USPGPub 20120295268 A1) in view of Marquiss et al. (USPGPub 20010021074 A1).
Regarding claim 6, Furlan teaches the first and second filters (13) arranged about the center of rotation (17/26) (see figures 2A-2C). However, Furlan fails to explicitly teach wherein the first and second filters are arranged along two concentric circles about the center of rotation.
However, Marquiss teaches wherein the first and second filters (30) are arranged along two concentric circles about the center of rotation (¶30, Apertures 32 are used for mounting filter cartridges 30 and may hold the filter cartridges via friction, threads, or other means. Filter wheel 22 may have a variety of shapes, and apertures 28 may be disposed in a variety of configurations).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Furlan to incorporate the teachings of Marquiss to dispose filters along different radii (i.e. arranged along concentric circles) because a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions (MPEP 2144.05 II A).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Furlan (USPGPub 20120295268 A1) in view of Hama (U.S. Patent No. 5033820 A).
Regarding claim 7, Furlan teaches the optical system according to claim 1, wherein: the filter carrier (9/12) is a filter slider (14) (see figure 5, filter strips 14); the filter slider (14) is configured to move along a straight line (¶62, each filter strip 14 may be operatively coupled to an individual drive 10 for translational movement); the filter pair (29) is one of a plurality of filter pairs (29), each of the plurality of filter pairs (29) including a respective first and second filter (13) (¶62, each filter strip 14 may be separately moved so that the first and second filter portions 13 of one pair of filter portions related to one dye can be moved in operative positions in which the first and second portions 13 are positioned in the excitation and emission beam paths 5, 8). However, Furlan fails to explicitly teach the each of the respective first and second filters are arranged in respective rows in the direction of the straight line.
However, Hama teaches the each of the respective first and second filters are arranged in respective rows in the direction of the straight line (see figure 2, filter frame 10 (i.e. filter slider) having rows of filter elements 11-14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Furlan to incorporate the teachings of Hama to have the filters of the filter sliders arranged in respective rows because a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions (MPEP 2144.05 II A).
Allowable Subject Matter
Claim 8 is 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.
Regarding claim 8, the prior art of record individually or combined fails to teach the optical system according to claim 1 as claimed, wherein: the filter carrier comprises a plurality of single sliders arranged behind each other in the direction of the beam paths; the filter pair is one of a plurality of filter pairs; and more specifically in combination with a respective filter pair of the plurality of filter pairs and two openings are provided in each of the plurality of sliders and each of the plurality of sliders is configured to move to a respective first position, in which the respective first and second filters are arranged in the first and or second beam path, respectively, and to a second position in which each of the two openings is arranged in a respective one of the first and second beam paths.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schappacher (USPGPub 20140312212 A1): Schappacher teaches stacked optical filters (see figures 2 and 5A-5B), however, Schappacher fails to explicitly teach wherein “a respective filter pair of the plurality of filter pairs and two openings are provided in each of the plurality of sliders”.
Saitou (USPGPub 20170248520 A1): Saitou teaches stacked optical filters (71/72) (see figure 2), however, Saitou fails to explicitly teach wherein “a respective filter pair of the plurality of filter pairs and two openings are provided in each of the plurality of sliders”.
Kuster et al. (USPGPub 20170235118 A1): Kuster teaches stacked optical filters (see figure 4A, optical filter 36 and optical filter 44 disposed behind each other in the direction of illumination light 5). However, Kuster fails to explicitly teach wherein “a respective filter pair of the plurality of filter pairs and two openings are provided in each of the plurality of sliders”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN R GARBER whose telephone number is (571)272-4663. The examiner can normally be reached M-F 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Y Epps can be reached at (571)272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN R GARBER/Examiner, Art Unit 2878
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