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 .
Status of the Claims
Claims 1-17 are pending.
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 limitation(s) uses 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 limitation(s) is/are:
display means in claims 1 and 10 (hardware support found in ¶0067 of the filed specification);
command means in claim 1-4, 9-10, 17;
storage means in claim 1 and 10;
digital communication means in claim 1-8 and 10-16;
a remote electronic control unit in claims 1-16;
a motorized sample-holder table moving unit configured to in claim 2;
a motorized focus distance adjustment unit to in claim 2 and 11;
a first motorized activation/deactivation moving unit in claim 5 and 13;
a motorized analyzer activation/deactivation moving unit in claim 6 and 14;
a motorized rotational adjustment unit to in claim 7;
a light intensity adjustment unit in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-17 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 limitations “command means” in claims 1-4, 9-10, 17, “storage means” in claim 1 and 10, “digital communication means” in claim 1-8 and 10-16, “a remote electronic control unit” in claims 1-16, “a motorized sample-holder table moving unit configured to” in claim 2, “a motorized focus distance adjustment unit to” in claim 2 and 11, “a first motorized activation/deactivation moving unit” in claim 5 and 13, “a motorized analyzer activation/deactivation moving unit” in claim 6 and 14, “a motorized rotational adjustment unit to” in claim 7, and “a light intensity adjustment unit” in claim 8 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. For computer-implemented means-plus-function claim limitations, a corresponding algorithm associated with a computer or microprocessor is required. See MPEP 2181 (II)(B). The disclosure is devoid of any sufficient structure that is associated with a computer or microprocessor to perform the functions of the claim limitations listed above. Mere references to a general purpose computer or microprocessor with appropriate programming without providing an explanation of the appropriate programming, or simply reciting "software" without providing detail about the means to accomplish a specific software function, is not an adequate disclosure of the corresponding structure. Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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 1-4, 10-12 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weiss et al. (US 20160062101 A1).
Concerning claims 1 and 10, Weiss et al. (hereinafter Weiss) teaches a method for acquiring and transmitting in real time digital images of a sample to be examined placed at an acquisition workstation to an analysis workstation, said analysis workstation being remote from said acquisition workstation (fig. 1: microscope 12, processor 21, second processor 22, displays 26; ¶0013; ¶0036), said digital images being generated by a digital image acquisition system that comprises:
a digital optical microscope placed in said acquisition workstation (fig. 1: microscope 12), said microscope having an electronic acquisition unit of one or more digital images of said sample to be examined comprising a digital optical sensor (¶0016; ¶0046 – CCD or CMOS camera), a sample-holder table having a seat for a sample adapted to accommodate or support said sample to be examined (fig. 1: stage 18), an optical lens associable with said acquisition unit and defining a lens optical axis and a lens focal point (fig. 1: optical lenses 16), a light source oriented toward said seat for a sample to illuminate said sample to be examined (¶0033: strobe light illumination), said digital optical microscope defining a microscope optical axis passing through said digital optical sensor and said seat for a sample, coaxial with said lens optical axis in use (fig. 1: configuration of microscope 12);
a remote electronic control unit of said digital optical microscope placed in said analysis workstation, said remote electronic control unit comprising display means to display said one or more digital images of said sample to be examined (fig. 1: displays 26; ¶0013: examination by individuals located remotely), command means (fig. 1: second processor 26; ¶0036: mouse or joystick), and storage means (¶0037);
digital signal communication means configured to connect said remote electronic control unit to said electronic acquisition unit of one or more digital images (fig. 1: network 24; ¶0018), the method comprising the steps of:
sending, by said remote electronic control unit upon a command of an operator, or a doctor, in said analysis workstation, an acquisition start signal of one or more digital images of the sample to be examined (fig. 2: steps 106-114; ¶0024; ¶0027), to the electronic acquisition unit to acquire one or more digital images of the sample to be examined;
acquiring one or more digital images by said electronic acquisition unit of the digital optical microscope (fig. 2: steps 108-112; ¶0027- higher magnification image);
transmitting said one or more acquired digital image from said electronic acquisition unit to said remote electronic control unit by said communication means (fig. 2: step 114; ¶0027 - The higher magnified image is then transmitted to a display at the remote location 114),
displaying said at least one acquired digital image in said analysis workstation by said display means of said electronic control unit (¶0027: the higher magnified image is displayed at the remote location 114);
selecting, by said operator, or doctor, by said command means in said analysis workstation, one or more images containing representative information for the analysis of said sample, from said one or more acquired digital images (¶0025; ¶¶0036-0037: A pathologist or reviewer identifies a region of interest (ROI) in the one or more acquired digital images);
storing said one or more selected images, by said storage means of said remote electronic control unit in said analysis workstation (¶0037: Once a ROI is identified and a desired magnification has been selected to see the required detail, the image can be saved.).
Concerning claims 2 and 11, Weiss further teaches the method according to claim 1, wherein:
said digital optical microscope comprises a motorized sample-holder table moving unit configured to move said sample-holder table along two movement axes orthogonal to each other and orthogonal to said microscope optical axis (fig. 1: motorized XY stage 18; ¶0019), and wherein
said digital signal communication means are configured to connect said remote electronic control unit to said motorized sample-holder table moving unit (¶0019: remotely controlling the positioning of the motorized XY stage);
the method comprising the steps of:
sending, by said remote electronic control unit to said sample- holder table moving unit, a table movement signal, upon a command of the operator, or doctor, provided by said command means (¶0019: the user of second processor 22 and displays 26 may remotely control the positioning of the motorized XY stage);
moving said sample-holder table along said two movement axes by said sample-holder table movement as a function of said table movement signal (¶0019: the motorized XY stage is moved according to the command of a user located at a remote location. The XY in the motorized stages corresponds to the x and y movement axes).
Concerning claims 3 and 11, Weiss further teaches the method according to claim 1, wherein:
said digital optical microscope comprises a motorized focus distance adjustment unit to adjust the a relative distance between said lens focal point and said seat for a sample measured along an adjustment axis parallel to said microscope optical axis (¶0017: tracking auto focus; ¶0027: focusing the lens on the ROI); wherein
said digital signal communication means are configured to connect said remote electronic control unit to said motorized focus distance adjustment unit (¶0027: processor 21 receives the input from remotely located processor 22 and controls focus adjustment. Processor 21 and Processor 22 are connected through network 24 (fig. 1)); the method comprising the steps of:
sending, by said remote electronic control unit to said motorized focus distance adjustment unit a focus distance adjustment signal, upon a command of the operator, or doctor, provided by said command means (¶0027: A pathologist or reviewer sends a command via processor 22 to processor 21 which controls focusing adjustments on the ROI);
moving said sample-holder table, and/or said optical lens along said adjustment axis by said motorized focus distance adjustment unit, as a function of said adjustment signal (¶0017; ¶0027 - The lens changer 14, the plurality of lenses 16 and the motorized stage 18 may operate together to provide tracking auto focus to assist in the histology sample examination).
Concerning claims 4 and 12, Wiess further teaches the method according to claim 1, wherein:
said digital optical microscope comprises a motorized lens changing unit comprising a plurality of lenses having respective mutually different focal lengths, wherein said motorized lens changing unit is configured to selectively position a selected lens of said plurality of lenses so that the an optical axis of said selected lens is positioned along said microscope optical axis (fig. 1: lens changer 14 housing a plurality of lenses 16 each lens providing a different magnification level), wherein said digital signal communication means are configured to connect said remote electronic control unit to said motorized lens changing unit (¶0027: the pathologist can control the lens changer by sending a command via the network); the method comprising the steps of:
sending, by said remote electronic control unit to said motorized lens changing unit a lens changing signal, upon a command of the operator, or doctor, by said command means (¶0027: the pathologist can control the lens changer by sending a command via the network);
arranging said selected lens with said lens optical axis along said microscope optical axis by said motorized lens changing unit as a function of said lens changing signal (¶0027: After receiving the input from the processor 22, the processor 21 controls the lens changer 14 to rotate the lens to the selected lens/magnification 112 and focuses the lens at the ROI.).
Concerning claim 17, Weiss further teaches the digital image acquisition system according to claim 10, wherein said remote control unit is configured to allow said operator, or doctor, to draw on said selected image, one or more lines and/or one or more marks, by said command means (¶0041: The reviewer can mark the boundary of the ROI with the display pointer).
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 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Weiss et al. (US 20160062101 A1) in view of Xu et al. (US 20120176475 A1).
Concerning claims 5 and 13, Weiss teaches the method according to claim 1. Not explicitly taught is the method, wherein: said digital optical microscope comprises a first polarizing unit comprising a first polarizing filter and a first motorized activation/deactivation moving unit for moving said first polarizing filter from a resting position not arranged along said microscope optical axis to an operating position interposed between said light source and said sample-holder table along said microscope optical axis, and vice versa; and wherein said digital signal communication means are further configured to connect said remote electronic control unit to said first motorized activation/deactivation moving unit; the method comprising the steps of: sending, by said remote electronic control unit to said analyzer polarizing unit upon a command of the operator, or doctor, an analyzer polarizing unit activation signal; moving said analyzer polarizing filter from said resting position to said operating position, by said analyzer activation/deactivation moving unit, as a function of said analyzer polarizing unit activation signal, or sending, by said remote electronic control unit to said analyzer polarizing unit upon a command of the operator, or doctor, an analyzer polarizing unit deactivation signal; moving said analyzer polarizing filter from said operating position to said resting position, by said analyzer activation/deactivation moving unit, as a function of said analyzer polarizing unit deactivation signal.
Xu et al. (hereinafter Xu), in a similar field of endeavor, teaches wherein: said digital optical microscope comprises a first polarizing unit comprising a first polarizing filter and a first motorized activation/deactivation moving unit for moving said first polarizing filter from a resting position not arranged along said microscope optical axis to an operating position interposed between said light source and said sample-holder table along said microscope optical axis, and vice versa (fig. 1D: polarizer 115A; ¶0044: the orientation of polarizer 115A can be adjusted); and wherein
said digital signal communication means are configured to connect said remote electronic control unit to said first motorized activation/deactivation moving unit (¶0044: the orientation of polarizer 115A can be adjusted remotely; fig. 2B: processor 260; ¶0050);
the method comprising the steps of:
sending, by said remote electronic control unit to said first motorized activation/deactivation moving unit upon a command of the operator, or doctor, a first polarizing unit activation signal (¶0044: an operator can adjust the orientation of polarizer 115A remotely. An orientation where the light is polarized may be considered activation);
moving said first polarizing filter from said resting position to said operating position, by said first motorized activation/deactivation moving unit, as a function of said first polarizing unit activation signal (¶0044: the orientation of polarizer 115A is changed based on the operator’s request), or
sending, by said remote electronic control unit to said first motorized activation/deactivation moving unit upon a command of said operator, or doctor, a first polarizing unit deactivation signal (¶0044: an operator can adjust the orientation of polarizer 115A remotely. An orientation where the light is not polarized may be considered deactivation);
moving said first polarizing filter from said operating position to said resting position, by said first motorized activation/deactivation moving unit, as a function of said first polarizing unit deactivation signal (¶0044: the orientation of polarizer 115A is changed based on the operator’s request). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the polarizer and capability of remotely controlling the polarizer, as taught by Xu, into the Weiss invention in order to allow polarized light imaging.
Claims 6-7 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Weiss et al. (US 20160062101 A1) in view of Xu et al. (US 20120176475 A1) and Ward et al. (US 20180356621 A1).
Concerning claims 6 and 14, Weiss teaches the method according to claim 1. Not explicitly taught is the method, wherein: said digital optical microscope comprises a first polarizing unit comprising a first polarizing filter and a first motorized activation/deactivation moving unit for moving said first polarizing filter from a resting position not arranged along said microscope optical axis to an operating position interposed between said light source and said sample-holder table along said microscope optical axis, and vice versa; and wherein said digital signal communication means are further configured to connect said remote electronic control unit to said first motorized activation/deactivation moving unit; the method comprising the steps of: sending, by said remote electronic control unit to said analyzer polarizing unit upon a command of the operator, or doctor, an analyzer polarizing unit activation signal; moving said analyzer polarizing filter from said resting position to said operating position, by said analyzer activation/deactivation moving unit, as a function of said analyzer polarizing unit activation signal, or sending, by said remote electronic control unit to said analyzer polarizing unit upon a command of the operator, or doctor, an analyzer polarizing unit deactivation signal; moving said analyzer polarizing filter from said operating position to said resting position, by said analyzer activation/deactivation moving unit, as a function of said analyzer polarizing unit deactivation signal.
Xu et al. (hereinafter Xu), in a similar field of endeavor, teaches wherein: said digital optical microscope comprises a first polarizing unit comprising a first polarizing filter and a first motorized activation/deactivation moving unit for moving said first polarizing filter from a resting position not arranged along said microscope optical axis to an operating position interposed between said light source and said sample-holder table along said microscope optical axis, and vice versa (fig. 1D: polarizer 115A; ¶0044: the orientation of polarizer 115A can be adjusted); and wherein
said digital signal communication means are configured to connect said remote electronic control unit to said first motorized activation/deactivation moving unit (¶0044: the orientation of polarizer 115A can be adjusted remotely; fig. 2B: processor 260; ¶0050);
the method comprising the steps of:
sending, by said remote electronic control unit to said first motorized activation/deactivation moving unit upon a command of the operator, or doctor, a first polarizing unit activation signal (¶0044: an operator can adjust the orientation of polarizer 115A remotely. An orientation where the light is polarized may be considered activation);
moving said first polarizing filter from said resting position to said operating position, by said first motorized activation/deactivation moving unit, as a function of said first polarizing unit activation signal (¶0044: the orientation of polarizer 115A is changed based on the operator’s request), or
sending, by said remote electronic control unit to said first motorized activation/deactivation moving unit upon a command of said operator, or doctor, a first polarizing unit deactivation signal (¶0044: an operator can adjust the orientation of polarizer 115A remotely. An orientation where the light is not polarized may be considered deactivation);
moving said first polarizing filter from said operating position to said resting position, by said first motorized activation/deactivation moving unit, as a function of said first polarizing unit deactivation signal (¶0044: the orientation of polarizer 115A is changed based on the operator’s request). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the polarizer and capability of remotely controlling the polarizer, as taught by Xu, into the Weiss invention in order to allow polarized light imaging. Not explicitly taught by Weiss or Xu is an analyzer polarizing unit and a motorized analyzer activation/deactivation moving unit.
Ward et al. (hereinafter Ward), in a similar field of endeavor, teaches rapid scanning of images in digital microscopes, wherein the microscope comprises an analyzer polarizing unit (fig. 7: polarizers 774/776; ¶0128; ¶0135) and a motorized analyzer activation/deactivation moving unit (fig. 7: polarizers 774/776; ¶0128; ¶0135). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the analyzer polarizers and capability of controlling the analyzer polarizers, as taught by Ward, into the Weiss invention in order to allow a user to assess the optical activity of the specimen.
Concerning claims 7 and 15, Ward further teaches the method of claim 6, wherein:
said analyzer polarizing unit comprises a motorized rotational adjustment unit to adjust the angular position of said analyzer polarizing filter about a rotational axis of said analyzer polarizing filter arranged along said microscope optical axis (¶0128: analyzer motor 778);
said digital signal communication means are further configured to connect said remote electronic control unit to said motorized rotation adjustment unit (¶¶0127-0128; ¶0138);
the method comprising the steps of:
sending, by said remote electronic control unit to said analyzer polarizing unit upon a command of the operator, or doctor, a rotation signal of said analyzer polarizing filter (¶¶0127-0128; ¶0138);
rotating said analyzer polarizing filter, by said motorized rotational adjustment unit, as a function of said rotation signal of said analyzer polarizing filter (¶¶0127-0128; ¶0138).
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Weiss et al. (US 20160062101 A1) in view of Ward et al. (US 20180356621 A1).
Concerning claims 8 and 16, Weiss teaches the method according to claim 1. Not explicitly taught is the method, wherein such said digital optical microscope comprises a light intensity adjustment unit of said light source, and wherein said digital signal communication means are configured to connect said remote electronic control unit to said light intensity adjustment unit; the method comprising the steps of: sending, by said remote electronic control unit to said light intensity control unit, upon a command of the operator, or doctor, a light intensity adjustment signal; adjusting the light intensity of said light source, by said light intensity adjustment unit, as a function of said light intensity rotation signal.
Ward, in a similar field of endeavor, teaches rapid scanning of images in digital microscopes, wherein such said digital optical microscope comprises a light intensity adjustment unit of said light source (figs. 1 & 7, 70, 790; ¶0085), and wherein said digital signal communication means are configured to connect said remote electronic control unit to said light intensity adjustment unit (¶0085: illumination commands….by the user);
the method comprising the steps of:
sending, by said remote electronic control unit to said light intensity control unit, upon a command of the operator, or doctor, a light intensity adjustment signal (¶0085: illumination commands….by the user);
adjusting the light intensity of said light source, by said light intensity adjustment unit, as a function of said light intensity rotation signal (¶0085: adjusting illumination levels). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the illumination control module, as taught by Ward, into the Weiss invention in order to control illumination levels of the light source.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Weiss et al. (US 20160062101 A1) in view of Beecher, JR et al. (US 20090040325 A1).
Concerning claim 9, Weiss teaches the method according to claim 1. Weiss further teaches the method, comprising a step of transmitting in real time said digital images to one or more remote workstations, following a doctor's command provided to said remote electronic control unit by said command means (fig. 1: displays 26; ¶0036). Not explicitly taught is transmitting in real time said digital images to one or more remote display-only workstations.
Beecher, JR et al. (hereinafter Beecher) teaches methods for remote imaging, wherein real time images are transmitted to an operator with restrictions to only view said images (corresponding to the claimed display-only workstations), but not control any operations or functions of the remotely operable microscope systems (¶0037). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Beecher into the Weiss invention in order to control what an operator is able to view.
Conclusion
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/James M Anderson II/Primary Examiner, Art Unit 2425