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 Rejections - 35 USC § 102
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.
Claim(s) 1 – 5, 12, and 14 – 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Price (US 2018/0307005 A1).
With respect to independent claim 1, Price teaches in Figs. 18 and 19 A an optical imaging system having a focal plane and optical elements, for imaging a biological sample, comprising:
a stage 207; see paragraph [0100] holding the sample wherein the stage is configured to continuously move the sample in at least one direction parallel to the focal plane;
at least one non-point-like light source 230; see paragraph [0105] emitting at least one wavelength an IR source 284;
at least one non-point-like light source 240; see paragraph [[0105[ disposed adjacent to a plane conjugate to the focal plane of the microscope as shown in Fig. 19A, and
a detector camera 245; see paragraphs [0119 and 0138] which forms an image of the sample on the moving sample stage, wherein the detector has at least one row of pixels to which the image of the sample moves perpendicular during the imaging process.
With respect to dependent claim 2, Price teaches in paragraph [0183] wherein the detector is a time delayed integration (TDI) detector.
With respect to dependent claim 3, Price teaches in paragraph [0111] wherein the at least one non-point-like light source emits a plurality of wavelengths.
With respect to dependent claim 4, Price teaches wherein the at least one non-point-like light source comprises at least one of a laser, an array of lasers, an optical fiber, an array of optical fibers, a laser diode, an array of laser diodes, an LED, an array of LEDs in paragraph [0111], an incandescent lamp, an array of incandescent lamps, a gas-discharge lamp, and an array of gas-discharge lamps.
With respect to dependent claim 5, Price teaches in paragraph [0111] wherein the at least one non-point-like light source is anamorphotically imaged onto a sample plane containing the biological sample.
With respect to dependent claim 12, Price teaches wherein the optical elements include at least one optical element chosen from the group consisting of a light amplitude modulating element, a light phase modulating element, a light refracting element in paragraph [0107], and wherein at least one optical element 316 and 293 is disposed in an intermediate image plane of the optical imaging system.
With respect to dependent claim 14, Price teaches a DNA in paragraph [0034] sequencing system using the optical imaging system of claim 1.
With respect to dependent claim 15, Price teaches in paragraph [0034] an RNA sequencing system using the optical imaging system of claim 1.
With respect to dependent claim 16, Price teaches in paragraph [0034] system for performing spatial transcriptomics, using the optical imaging system of claim 1.
With respect to dependent claim 17, Price teaches in paragraph [0034] a system for performing spatial genomics, using the optical imaging system of claim 1.
With respect to dependent claim 18, Price teaches in paragraph [0034] a system for performing spatial proteomics, using the optical imaging system of claim 1.
With respect to dependent claim 19, Price teaches in paragraph [0034] a system for imaging of cell monolayer, using the optical imaging system of claim 1.
With respect to dependent claims 20 – 21, Price teaches in paragraph [0034] a system for performing imaging of cell co-cultures, using the optical imaging system of claim 1 and a system for performing imaging of tissue sections, using the optical imaging system of claim 1.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 – 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Price, and further in view of Azimi (US 2011/0312622 A1).
The teaching of Price has been discussed above.
With respect to dependent claim 6, Price is silent with a downstream workflow, wherein the downstream workflow includes at least one of proteomics, genomics, and transcriptomics.
Azimi, a pertinent art, teaches a downstream workflow in paragraph [0016] and in paragraph [0157] transcriptomics. In view of this, it would be obvious at the time of the claimed invention was filed to modify the teaching of Price in order to employ in applications such as genome sequencing. This is in consistency with the Supreme Court Decision of the KSR. V. International Co.: applying a known technique to a known device (method or product) ready for improvement to yield predictable results.
With respect to dependent claim 7, Price teaches in paragraph [0096] a wavelength separating element, wherein the wavelength separating element separates wavelengths by diffraction, refraction, transmission or reflection.
With respect to dependent claim 8, Price is silent with a downstream workflow, wherein the downstream workflow includes antigen retrieval of tissue, tissue lysing, padlock probe hybridization and ligation on RNA or reverse transcription of RNA, and circularization of the padlock probe and enzymatic amplification.
Azimi teaches downstream workflow as discussed above in paragraph [0016]. In view of this, it would be obvious at the time of the claimed invention was filed to modify the teaching of Price in order to use for rolling circle amplification. This is in consistency with the Supreme Court Decision of the KSR. V. International Co.: applying a known technique to a known device (method or product) ready for improvement to yield predictable results.
With respect to dependent claim 9, Price is silent with wherein the imaging system further includes a methodology which distinguishes genetic base pairs, and therefore forms at least a portion of a DNA sequencing methodology.
In paragraph [0047], Azimi teaches the limitation of claim 9. In view of this, it would be obvious at the time of the claimed invention was filed to modify the teaching of Price in order to use in DNA sequencing. This is in consistency with the Supreme Court Decision of the KSR. V. International Co.: applying a known technique to a known device (method or product) ready for improvement to yield predictable results.
With respect to dependent claim 10, Price teaches in paragraph [0096] wherein the wavelength separating element comprises at least one of a prism, a wavelength dependent turning mirror and a diffraction grating.
With respect to dependent claim 11, Price teaches in paragraph [0096] wherein the wavelength separating element comprises an adjacent angled mirror with a plurality of surfaces, wherein at least one surface is dichroic.
With respect to dependent claim 13, Price teaches in paragraphs [0107 – 0110] wherein the intermediate image plane is also in image plane of the detector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIHO KIM, Ph.D. whose telephone number is (571)270-1628. The examiner can normally be reached M-F: 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at (571)272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KIHO KIM, Ph.D.
Primary Examiner
Art Unit 2884
/Kiho Kim/Primary Examiner, Art Unit 2884
Prosecution Insights