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
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. (US 20040216737).
Regarding claim 1, Anderson discloses a system for positioning and monitoring an animal during microscopy (Section 0088, radiographic images of the animal can be obtained while the apparatus ), comprising:
a base 143 supporting the animal (Fig. 16, 20, section 0067);
a head holder 360 attached to the base 129 and securing the animal's head (Fig. 16, 20-21, section 0088);
a body holder 330 attached to the base 143 and restraining the animal's body (Figs. 16, 20, section 0078);
at least one sensor measuring a physiological parameter of the animal (section 0043); and
a microscopy system configured to record images of the animal (section 0047, 0088); and
a controller receiving and processing data from the at least one sensor (Sections 0043, 0048).
Regarding claim 8, Anderson discloses the system of claim 1, wherein
the at least one sensor comprises a thermocouple measuring a temperature of a cranial window implanted in the animal (section 0043, 0048).
Regarding claim 9, Anderson discloses the system of claim 1, wherein
the at least one sensor comprises a camera capturing images of the animal during microscopy (Section 0047, 0088).
Allowable Subject Matter
Claim 2-7 is 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.
Claims 10-16 allowed.
The following is an examiner’s statement of reasons for allowance: Regarding claim 10, for .
Regarding independent claim 10, for a imaging an awake animal using two-photon microscopy, comprising: positioning the animal in a restraint device comprising a base, a head holder, and a body holder; securing the animal's head with the head holder; restraining the animal's body with the body holder; measuring at least one physiological parameter of the animal using at least one sensor; and performing two-photon microscopy imaging on the animal while simultaneously monitoring the at least one physiological parameter has not been suggested or disclosed in the prior art when combined with the rest of the claim limitations of independent claim 10.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796
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