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 05/16/2025 and 02/07/23025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Preliminary Amendment
The preliminary amendment filed on 10/16/2024 has been acknowledged and entered. Claims 1-45 have been canceled, and new claims 46-64 have been added. Accordingly, claims 46-64 are examined on the merits.
Claim Rejections - 35 USC § 101
Claim 64 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claim recites “A computer-readable storage medium”. However, the specification as originally filed discloses: “The storage medium may include: a read-only memory, a random access memory, a magnetic disk, an optical disk, a hard disk, etc.” The Examiner interprets that the claimed computer readable medium encompasses both statutory subject matter and non-statutory subject matter (i.e., signal or carrier wave by virtue of network signal). See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se or transitory propagating signals, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter.
The Examiner respectfully submits a claim drawn to such a computer-readable storage medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation “non-transitory” to the claim. Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se.
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.
Claims 46, 47, 55, 56, 60 and 64 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawahito (US 2006/0039064 A1).
Regarding claim 55, Kawahito discloses an imaging system (Fig. 1 and/or Fig. 9), comprising:
an imaging optical path assembly (Fig. 2-4), comprising an objective lens (31) and an imaging detection component (70), wherein the imaging detection component is configured for imaging an object (i.e., tissue sample) positioned in a preset region (petri dish 100) (Fig. 2-4 and par. [0016]-[0018], [0027]);
an automatic focusing assembly (Fig. 3 & 4), configured for emitting a first light beam (infrared light beam) to the preset region, receiving the first light beam reflected from the preset region for focusing detection, acquiring position information of the object, and outputting a target electric signal of the object when the imaging detection component acquires a clear image of the object (see par. [0037],[0047]-[0050], [0057], wherein a clear image of object is the maximum sharpness of object image obtained by the CCD camera when the object is in focus as confirmed in steps S11 and S12 in Fig. 5);
a driving assembly (motors and controller shown in Fig. 1-4), configured for driving the objective lens and/or the preset region to move (see Fig. 1-5, par. [0033]); and
a controller (88 shown in Fig. 1), configured for: controlling, according to the detected position information of the object of interest in the preset region by the automatic focusing assembly and the target electric signal of the object of interest, the driving assembly to move the objective lens and/or the preset region to a position where the clear image of the object of interest can be acquired, so as to acquire the clear image of the object of interest using the imaging detection component (see Fig. 1-5 and par. [0028], [0033], [0050], [0057]).
Regarding claim 56, Kawahito also discloses that, according to the detected position information of the object of interest in the preset region by the automatic focusing assembly and the target electric signal of the object of interest, the driving assembly to move the objective lens and/or the preset region to a position where the clear image of the object of interest can be acquired (Fig. 5 and par. [0049]-[0050], [0057]), comprises:
determining, according to the target electric signal of the object of interest output by the automatic focusing assembly, target positions of the objective lens and/or the preset region where the imaging detection component can acquire the clear image of the object of interest (Fig. 5 and par. [0050], [0057]), and determining whether a current position of the objective lens is the target position; if yes, acquiring an image of the object of interest using the imaging detection component so as to acquire the clear image of the object of interest (see step S11 and S12 in Fig. 5 and par. [0057]), if no, controlling the driving assembly to move the lens and/or the preset region from the current position to the target position (“No” loop from step S11 to step S10 in Fig. 5 and par. [0057]), and acquiring an image of the object of interest (step S14) using the imaging detection component so as to acquire the clear image of the object of interest (see par. [0057]).
Regarding claim 60, as also disclosed by Kawahito, the clear image of the object of interest is acquired by: determining, on the basis of the preset relationship and position information of the object of interest, the target electric signal of the object of interest; controlling the objective lens (31) and the preset region (in petri dish) to move relatively according to the target electric signal to give the clear image of the object of interest (see Fig. 5 and par. [0053]-[0057]).
Regarding claim 64, the subject matter of this claim is also met by Kawahito as discussed in claim 55. Kawahito also discloses a computer-readable storage medium (in PC 90 shown in Fig. 9) storing a program in paragraph [0074].
Regarding claims 46 and 47, these method claims are also met by the discussions in claims 55 and 56, respectively.
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.
Claims 48-50 and 57-59 are rejected under 35 U.S.C. 103 as being unpatentable over Kawahito in view of Hoffman et al. (US 2022/005028121 A1).
Regarding claim 48, Kawahito is silent about that the object comprises a plurality of designated objects positioned at different positions in the preset region, and the target electric signal of the object of interest is acquired on the basis of a preset relationship between position information and target electric signals of at least two designated objects. However, this lack of teaching is compensated by Hoffman. As taught by Hoffman in Fig. 1 & 2, a plurality of positions of designated objects are positioned at different positions (P1 to P8) in a preset region of a sample carrier so that different target image signals corresponding to the object of interest are acquired on the basis of a preset relationship between position information and target image signals of at least two designated objects (see Hoffman, par. [0013]-[0014], [0021]-[0022] and [0040]). According to Hoffman, it is desirable to automatically ascertain positions on a sample arrangement, for example a holding device and/or a sample carrier, in order to be able to carry out positioning based on the ascertained positions and/or to be able to define sample regions for the subsequent microscopic examination (par. [0005]).
Therefore, it would have been obvious to one of ordinary skill in the art to combine the teaching of Kawahito and Hoffman to arrive at the Applicant’s claimed features so as to accurately carry out positioning based on the ascertained positions and/or to be able to define sample regions for the subsequent microscopic examination as taught by Hoffman above.
Regarding claim 49, the combination of Kawahito and Hoffman also discloses that the preset relationship is acquired by: fitting the position information of at least two designated objects and the target electric signal of each designated object to give a fitting relationship between the position information of the designated objects and the target electric signals of the designated objects, and taking the fitting relationship as the preset relationship (see Hoffman, par. [0021], [0022] & [0040]).
Regarding claim 50, as also seen in the combination of Kawahito and Hoffman, fitting the position information of at least two designated objects and the target electric signal of each designated object, comprises: fitting every two adjacent designated objects and the target electric signals thereof to give a fitting relationship between every two adjacent designated objects and the target electric signals thereof, and taking the fitting relationship as the preset relationship (see Hoffman, Fig. 2 and par. [0021]-[0022] & [0040]).
Regarding claims 57-59, these claims are also met by the combined teaching of Kawahito and Hoffman as discussed in claims 48-50, respectively.
Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over Kawahito in view of Hoffman et al and in further view of Wachi (US 6,215,588 B1).
Regarding claim 51, the combination of Kawahito and Hoffman discloses that the preset region comprises a plurality of movable surfaces, at least one of the plurality of movable surfaces is loaded with a sample of interest, and the surface loaded with the sample of interest is defined as a target surface for imaging (see Hoffman, Fig. 1 & 2 and par. [0020]-[0027] and [0040]); the automatic focusing assembly comprises a first light source and a focusing sensor (see the disclosure in Kawahito discussed in claims 46 & 55, and also Hoffman in Fig. 1 & par. [0020]-[0022]); the first light source is configured for emitting a first light beam, and the focusing sensor is configured for receiving first light beam information reflected from the surfaces of the preset region; the imaging system further comprises an imaging optical path assembly and a driving assembly; the imaging optical path assembly comprises an imaging detection component, and the imaging detection component is configured for imaging a plurality of objects in the preset region; the driving assembly is configured for driving the objective lens to move (see the discussion in claim 55 and also Hoffman in par. [0020]-[0022] & [0040] & [0045]).
Although Hoffman discloses the preset region comprises a plurality of movable surfaces as discussed above, both Kawahito and Hoffman do not disclose a plurality of axially movable surfaces. However, this feature is well known in the art as taught by Wachi in Fig. 4B and col. 2, lines 16-24 in which the sample holder is rotatable around an axis to move surfaces at different positions.
Therefore, one of ordinary skill in the art would have been motivated to provide a plurality of axially moveable surfaces on a rotatable sample holder as discussed above to quickly and sequentially examine different objects to improve efficiency.
Allowable Subject Matter
Claims 52-54 and 61-63 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 52, the prior art references of record fail to teach or suggest the limitations: “the target electric signal of the object is acquired by: emitting the first light beam to the preset region using the first light source; driving the objective lens to move towards the preset region along the optical axis thereof at a first step using the driving assembly, and after every move, acquiring a first position of the objective lens and the first light beam information reflected from the surfaces of the preset region and received by the focusing sensor; determining, on the basis of the first position and the first light beam information, an optical focusing position of the objective lens for the target surface; driving, on the basis of the optical focusing position, the objective lens to move along the optical axis thereof at a second step using the driving assembly, and after every move, acquiring a second position of the objective lens and imaging the object on the target surface using the imaging detection component to give a first image, wherein the second position of the objective lens corresponding to the first image with the best image definition is used as a first image focusing position of the objective lens for the target surface; acquiring a voltage generated by the focusing sensor on the basis of the received first light beam reflected from the target surface when the objective lens is positioned at the first image focusing position as the target electric signal; or alternatively, driving, on the basis of the first image focusing position, the objective lens to move along the optical axis thereof at a third step using the driving assembly, and after every move, acquiring a third position of the objective lens and imaging the object on the target surface using the imaging detection component to give a second image, wherein the third position of the objective lens corresponding to the second image with the best image definition is used as a second image focusing position of the objective lens for the target surface; and acquiring a voltage generated by the focusing sensor on the basis of the received first light beam reflected from the target surface when the objective lens is positioned at the second image focusing position as the target electric signal.”
Regarding claims 53 and 54, these claims are dependent from claim 52.
Regarding claim 61, this claim recites similar limitations as in claim 52 and is therefore allowed for a similar reason.
Regarding claims 62 and 63, these claims are dependent from claim 61.
Conclusion
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/NHAN T TRAN/ Primary Examiner, Art Unit 2638