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 .
Drawings
The drawings were received on 9/30/2024. These drawings are accepted.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doerrer et al. (US20070076983, hereinafter “Doerrer”)
(Claims 1-9 are listed after Claims 10-16)
Claim 10. Doerrer teaches A system comprising:
a memory component; ([0024] “portable media or on the hard drive of or other storage system”) and a processing device coupled to the memory component, the processing device ([0024] “portable media or on the hard drive of or other storage system associated with the computer device 300.”) to perform operations comprising: ([0024] “In order to carry out such methods”)
detecting, in a camera view ([0024] “a camera device 200 such as a progressive area scan camera (e.g., a CCD or a CMOS type camera).”) of a slide captured by a slide scanning device, ([0024] “slide 350 has been previously scanned by an imaging device and any objects of interest located within the sample as a result of such scan stored as individual images.”) two or more fiducials of the slide depicted in the camera view; ([0024] “objects of interest” and [0046] “objects of interest with respect to a reference point on the slide 350, wherein the reference point may be defined by any suitable point on the slide 350 such as, for example, one of the slide corners or any other precise, well defined fiducial on slide 350.”)
generating, based on locations within the camera view of the two or more detected fiducials, ([0046] “the reference point may be defined by any suitable point on the slide 350”… “one of the slide corners or any other precise, well defined fiducial on slide 350.” )
”) a primary coordinates system (PCS); ([0046] “coordinates, such as Cartesian coordinates or any other suitable coordinates, for any previously-identified objects of interest with respect to a reference point on the slide 350”
determining, using the PCS, coordinates defining a location identified in the camera view, ([0026] “images of objects of interest from examined or scanned samples/slides.”) wherein the coordinates define a location of interest (LOI) on the slide; ([0026] “coordinates in any other suitable coordinate system, of the stored objects of interest with respect to a reference point on the slide are determined”) and
displaying, in the camera view, the determined coordinates. ([0042] “indicator of the estimated coordinate position of the current FOV 340 with respect to the slide 350 is also shown on the visual display 325.”)
Claim 11. Doerrer teaches The system of claim 10, the operations further comprising receiving, via a user interface, ([0028] “FOV image 340 on the visual display 325, or otherwise visually provided to the operator, as shown, for example, in FIG. 2.”) a selection of the location in the camera view. ([0029] “first object of interest image is selected by the operator from the visual display 325,”)
Claim 12. Doerrer teaches The system of claim 10, wherein the two or more fiducials ([0046] “the reference point may be defined by any suitable point on the slide 350 such as, for example…”) comprise two or more of a corner of the slide, ([0046] “one of the slide corners”) a corner of a cover of the slide, a marking on the slide, ([0046] “well defined fiducial on slide 350.”) or a marking on the cover of the slide.
Claim 13. Doerrer teaches The system of claim 10, wherein generating the PCS comprises defining a respective coordinate ([0030] “estimated coordinate position”) associated with each pixel of a set of pixels ([0030] “ each pixel ”) of a region of interest of the camera view ([0030] “FOV image”) depicting the slide ([0028] “FOV image 340, the computer system 300, from the calibrated stage coordinate system, estimates or otherwise determines a current position of the FOV with respect to the slide 350.”) and wherein determining the coordinates associated with the identified location in the camera view comprises accessing a particular respective coordinate ([0030] “the image of the FOV at the estimated coordinate position is compared with the stored image of the first object of interest, using a correlation method,”) associated with a pixel depicting the identified location in the camera view. ([0030] “For RGB images, such correlation may be based on, for example, the luminance of each pixel,”)
Claim 14. Doerrer teaches The system of claim 13, wherein generating the PCS comprises identifying, based on the detected two or more fiducials within the camera view, an anchor point of the slide within the camera view, wherein defining the respective coordinate comprises defining a respective x-axis offset ([0033] “shifted in both the x…direction”) from the anchor point, ([0041] “the offset between the stored coordinates (in the scan coordinate system) and actual coordinates on the slide 350 at which the first object of interest is re-located, is recorded and stored.”) a respective y-axis offset from the anchor point, ([0033] “shifted in both the x and y directions,”) and a rotational offset. ([0043] “refine the offset… correct any rotation of the stage coordinate system with respect to the scan coordinate system,”)
Claim 15. Doerrer teaches The system of claim 13, wherein the region of interest ([0045] “location of an object of interest”) in the camera view comprises a set of pixels ([0045] “precise pixel-level re-location of an object of interest”) of the camera view depicting the slide. ([0040] “the stage 150 moves the slide 350 such that the camera device 200 captures successive FOV images”)
Claim 16. Doerrer teaches The system of claim 10, wherein the coordinates defining the location in the camera view using the PCS comprise one or more offsets from an anchor point of the slide. ([0041] “the offset between the stored coordinates (in the scan coordinate system) and actual coordinates on the slide 350 at which the first object of interest is re-located, is recorded and stored.”)
Claim 1. The method herein has been executed and performed by the system of claim 10 and is likewise rejected
Claim 2. The method herein has been executed and performed by the system of claim 12 and is likewise rejected
Claim 3. The method herein has been executed and performed by the system of claim 13 and is likewise rejected
Claim 4. The method herein has been executed and performed by the system of claim 15 and is likewise rejected
Claim 5. The method herein has been executed and performed by the system of claim 14 and is likewise rejected
Claim 6. The method herein has been executed and performed by the system of claim 16 and is likewise rejected
Claim 7. Doerrer teaches The method of claim 1, wherein the user interface comprises a user interface([0028] “FOV image 340 on the visual display 325, or otherwise visually provided to the operator, as shown, for example, in FIG. 2.”) of the slide scanning device. ([0028] “FOV with respect to the slide 350.”)
Claim 8. Doerrer teaches The method of claim 1, wherein the user interface comprises a user interface of a user computing device, wherein the user computing device is separate from the slide scanning device. (fig. 1 of Doerrer et al shows the computer device is separate from the slide scanning device)
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Claim 9. Doerrer teaches The method of claim 1, wherein the slide scanning device comprises a microscope, ([0024] “microscope 100”) wherein the slide is registered to a stage ([0024] “The system 50 is configured to receive, on the stage 150, a slide 350 having a sample associated therewith,”) of the microscope, and wherein the camera view comprises a view of a camera of the microscope. ([0027] “the camera device 200 continuously provides an image of the field of view ("FOV") 340 of the sample seen by the microscope 100 to the computer device 300.”)
Claim 17. Doerrer teaches A non-transitory computer-readable medium ([0024] “portable media or on the hard drive of or other storage system”) storing executable instructions, which when executed ([0024] “In order to carry out such methods”)by a processing device, cause the processing device to perform operations ([0024] “portable media or on the hard drive of or other storage system associated with the computer device 300.”) comprising:
detecting, in a camera view ([0024] “a camera device 200 such as a progressive area scan camera (e.g., a CCD or a CMOS type camera).”) of a slide captured by a slide scanning device, ([0024] “slide 350 has been previously scanned by an imaging device and any objects of interest located within the sample as a result of such scan stored as individual images.”) two or more fiducials of the slide depicted in the camera view; ([0024] “objects of interest” and [0046] “objects of interest with respect to a reference point on the slide 350, wherein the reference point may be defined by any suitable point on the slide 350 such as, for example, one of the slide corners or any other precise, well defined fiducial on slide 350.”)
generating, based on locations within the camera view of the two or more detected fiducials, a primary coordinates system (PCS), ([0046] “coordinates, such as Cartesian coordinates or any other suitable coordinates, for any previously-identified objects of interest with respect to a reference point on the slide 350, wherein the reference point may be defined by any suitable point on the slide 350 such as, for example, one of the slide corners or any other precise, well defined fiducial on slide 350.”)
comprising defining a respective coordinate ([0030] “estimated coordinate position”) associated with each pixel of a set of pixels ([0030] “ each pixel ”) of a region of interest of the camera view ([0030] “FOV image”) depicting the slide; ([0028] “FOV image 340, the computer system 300, from the calibrated stage coordinate system, estimates or otherwise determines a current position of the FOV with respect to the slide 350.”)
receiving, via a user interface, ([0028] “FOV image 340 on the visual display 325, or otherwise visually provided to the operator, as shown, for example, in FIG. 2.”) a selection of a location in the camera view ([0029] “first object of interest image is selected by the operator from the visual display 325,”)identifying a location of interest (LOI) on the slide ([0026] “coordinates in any other suitable coordinate system, of the stored objects of interest with respect to a reference point on the slide are determined”) depicted at the selected location in the camera view;
accessing a particular defined coordinate associated with a pixel corresponding to the selected location in the camera view; ([0042] “indicator of the estimated coordinate position of the current FOV 340 with respect to the slide 350 is also shown on the visual display 325.”) and
displaying, in the camera view responsive to receiving the selection, ([0029] “first object of interest image is selected by the operator from the visual display 325,”) the accessed particular defined coordinate. ([0030] “the image of the FOV at the estimated coordinate position is compared with the stored image of the first object of interest, using a correlation method,”)
Claim 18. Doerrer teaches The non-transitory computer-readable medium of claim 17, the two or more fiducials ([0046] “the reference point may be defined by any suitable point on the slide 350 such as, for example…”) comprise two or more of a corner of the slide, ([0046] “one of the slide corners or any other precise,”) a corner of a cover of the slide, a marking on the slide, ([0046] “well defined fiducial on slide 350.”) or a marking on the cover of the slide.
Claim 19. Doerrer teaches The system of claim 17, wherein generating the PCS comprises identifying, based on the detected two or more fiducials within the camera view, an anchor point of the slide within the camera view, wherein defining the respective coordinate comprises defining one or more offsets ([0033] “shifted in both the x and y directions,”) with respect to the determined anchor point. ([0041] “the offset between the stored coordinates (in the scan coordinate system) and actual coordinates on the slide 350 at which the first object of interest is re-located, is recorded and stored.”)
Claim 20. Doerrer teaches The system of claim 19, wherein the one or more offsets comprise one or more of a an x-axis offset, ([0033] “shifted in both the x…direction”) a y-axis offset, ([0033] “shifted in both the x and y directions,”) and a rotational offset. ([0043] “refine the offset… correct any rotation of the stage coordinate system with respect to the scan coordinate system,”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Nishikawa et al US20180210183 discloses a microscope system which conducts positioning accuracy based on marks on a slide and slide cover for defining origin and x and y coordinates.
Gallagher-Gruber et al US20190258046 discloses a method for capturing a microscope image and defining a map based on slide coordinates to identify regions of interest in the field of view
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/OWAIS I MEMON/Examiner, Art Unit 2663
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