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 Objections
Claims 8-9 is objected to because of the following informalities:
Claim 8 is a “device” claim which is dependent on “method” claim 1.
Appropriate correction is required.
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.
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) 1-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Best et al. (US 2016/0124208) (“Best”), and further in view of Safrani et al. (US 2017/0059299) (“Safrani”).
With regards to claim 5, Best discloses a fluorescent microscope and a method for obtaining super-resolution images of a sample labelled with at least one type fluorescent label by combining localization microscopy and structured illumination microscopy ([0002][0166]; Fig. 4), comprising a light source emitting an illuminating beam ([0046]; “…one or more light sources, an illumination system having a structured illumination path for illuminating the sample with structured illumination light and a localization illumination path for illuminating the sample with localization illumination light…”) and an image acquisition module ([0173]; Fig. 4; microscope objective 90) that collects fluorescence emitted by a sample [0173][0175], and further comprising the following components arranged on an illuminating beam light path:
a first polarization beam splitter that splits the illuminating beam ([0170]; “…polarizing beam splitter 20 transmits linearly polarized light with a first linear polarization.”), wherein reflected light enters a central interference light path ([0176]; “Linearly polarized light in a second direction, which is orthogonal to the first direction of polarization, it is reflected by the polarizing beam splitter 10 and enters the localization illumination path.” The Examiner believes the reference meant polarizing beam splitter 20 instead of EOM 10.) and transmitted light is split into a plurality of interference sub light paths in sequence ([0170][0171]; “The transmitted light beam is expanded by a telescope system (beam expander) 30 and enters the pattern generation system, which in this specific example is constituted by a Michelson-Moore or a Twyman-Green interferometer… The interferometer produces an interference pattern (structured illumination light) in a lateral plane (i.e. in a plane which is substantially orthogonal to the direction of propagation of the structured illumination light beam.”);
a gating module ([0115][0187]; switching mechanism [0115]) corresponding to the plurality of interference sub light paths, configured to control a gating state of each of the interference sub light paths ([0188]; “…it is possible to realize an optical set-up in which the EOM (or other switching element) is arranged at the end (i.e. after) the structured illumination path and the localization illumination path.”)[0171][0191];
a second polarization beam splitter ([0173]; polarizing beam splitter 60 ) located on each of the interference sub light paths, and configured to split light of each of the interference sub light paths into s polarized light ([0173]; “…a polarizing beam splitter 60 (which may be a “s-reflecting” polarizing beam splitter),…”) ; and
a deflecting and beam combining module, configured to combine a beam of the central interference light path and the s polarized light of each of the interference sub light paths ([0173]; “The structured illumination light propagates through… a focusing/converging lens 70…”)([0174]; “…the focusing lens 70 and the objective 90 may be selected and arranged such as to form a collimator.”)[0176][0177]; and
illuminate the combined beam to a sample to form a structured illumination pattern and activate fluorescence to image to the image acquisition module [0137][0148][0205].
Best teaches that the structured illumination light propagates through a polarizing beam splitter 60 (which may be a “s-reflecting” polarizing beam splitter) [0173]. Best further teaches that the polarizing beam splitter 20 transmits linearly polarized light in a first linear polarization [0170] and a second orthogonal to the first direction of the first polarization [0176]. The second polarizing beam splitter 60 can be a s-reflecting polarizing beam splitter [0173]. The reference further teaches “…the pattern generation system may be configured to spatially modulate the illumination light in a x-y plane (i.e. in a plane perpendicular to the axis of light beam propagation) and/or along the z-axis (i.e. along the axis of light beam propagation).” [0186]. Finally, Fig. 4 after focusing/converging lens 70, shows polarized light propagating along three axis.
Best do not specifically disclose that the second polarization beam splitter is configured to split light into p polarized light.
In the same field of endeavor, Safrani discloses a system and method that enable obtaining ultra-high resolution interference, phase and OCT images at high speed (Abstract). Furthermore, Safrani teaches of Linnik interferometer constructed by a polarized beam splitter 110 [0083]. Further, Safrani teaches of a two beam orthogonally polarized interferometer [0017] (Linnik interferometer) emits orthogonal S and P waves [0030]. The reference teaches that one of the S and P waves is reflected from a reference target and the other is reflected from the sample [0083]. Finally, the reference teaches that the system provides 3D imaging of multilayer semi transparent samples [0003].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to utilize a two beam orthogonally polarized interferometer/beam splitter, in place of the second polarizing beam splitter (or the first polarizing beam splitter) of Best, for the purpose of producing orthogonal S along with P waves. The motivation is to provide the addition of P waves (p-polarized light) for the purpose of creating structured illumination that can interrogate and an activate fluorescence within a sample. Polarized beams can be used to provide super-resolution images of the sample.
With regards to claim 6, Best, in view of Safrani, discloses the device for realizing ultra high-speed structured illumination microimaging according to claim 5, wherein the following components are provided between the light source and the first polarization beam splitter in sequence:
an acoustic optical modulator, configured to perform high-speed on-off control of the beam (Best; [0049][0050][0051])(Safrani; [0083]);
a beam shaping module, configured to generate collimated light with uniformly distributed spatial intensity (Best; [0181]); and
a beam shrinking module, configured to change the diameter of the beam, wherein the diameter of the beam accords with a working aperture of an electrooptical modulator ([0059][0177][0184]; focusing/converging lens 70).
With regards to claim 7, Best, in view of Safrani, discloses the device for realizing ultra high-speed structured illumination microimaging according to claim 5, wherein the following components are provided on the central interference light path in sequence:
a first phase electrooptical modulator, configured to modulate a phase of the beam (Best; [0057]);
a first polarization modulator, configured to change a polarization direction of the beam (Best; [0051][0168]); and
a first beam expanding module, configured to expand the beam (Best; [0170][0181]).
With regards to claim 10, Best, in view of Safrani, discloses the device for realizing ultra high-speed structured illumination microimaging according to claim 5, wherein the combined beam is illuminated to the sample through an objective lens (Best; [0173][0176][0177]; microscope objective 90), the fluorescence activated by the sample is imaged to the image acquisition module (Best; [0116]), the image acquisition module comprises a rotating mirror (Best; [0061][0063][0184]) and a camera (Best; [0070]), there are a plurality of imaging light paths (Safrani; FIG. 2; at 124, 127 and 130) behind the rotating mirror, and the fluorescence circularly passes through the plurality of imaging light paths in sequence to be finally imaged to different areas of the camera (Safrani; [0083]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lazar (US 2012/0219983)
Wada et al. (US 2002/0009711)
Yamamoto et al. (US 2016/0370280)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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/HUGH MAUPIN/ Primary Examiner, Art Unit 2884
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