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 .
Response to Arguments
Applicant’s arguments in combination with amendments, see remarks and claims, filed 08/18/2026, with respect to the rejection(s) of claim(s) under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in further view of US 20140065656 to Baysal et al. See details below.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 1, 3-5, 11-13, 15, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2015199976A1 to Bonner et al. (hereinafter “Bonner” – previously presented) in view of US 20140065656 to Baysal et al. (hereinafter “Baysal”).
Regarding claim 1. Bonner discloses a tissue imaging system (Fig. 3) including a cassette configured to retain a tissue for imaging (vacuum chamber 101, Fig. 3), the system comprising: a first cassette portion (lid 103, Fig. 4) including: a recess formed in a central portion thereof (Figures 3-5; see also Page 35, Ins. 32-34, as mask holder 118 is inserted in an opening 115 of the lid); a window formed within the recess (window 115, Figures 4-5; see also Page 35, Ins. 14-16); and a first connection mechanism affixed thereto (Fig. 4; see also Page 33, Ins. 32-33, as lid 103 may be fastened to the base member via a hinge 104 and clip 105 arrangement; see also Page 36, Ins. 4-7, as the mask holder 118, inserted within window 115 is provided with magnet 201); a second cassette portion (base member 102, Fig. 4) including: a cavity configured to compress a tissue therein (recessed portion 113, Fig. 4); and a second connection mechanism affixed thereto (Figures 3-5, as second surface 108 includes a mechanism that aligns with clip 105, as well as must include a complementary portion of hinge 104. Furthermore magnet 202 is disposed on recessed portion 113); and an imaging device configured to image the tissue through the window (Page 40, Ins. 9-10; see also page 45, Ins. 31-34), wherein alignment of the first connection mechanism and the second connection mechanism is adapted to cause the first cassette portion to couple to the second cassette portion, compressing the tissue into the cavity for imaging (Figures 4-5; see also page 36, Ins. 4-7).
Bonner fails to disclose wherein the first connection mechanism and the second connection mechanism are configured to couple the first cassette portion to the second cassette portion, to compress the tissue into the cavity for imaging.
Baysal from a similar field of endeavor teaches a specimen holding device that comprises two positioning remembers connected to one another, configured to compress the specimen therebetween (para 0037, fig 2) to facilitate accurate detection of tissue margins, improve transport, etc. (para 0002, 0006). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner with the teachings of Baysal to provide the predictable result of improving imaging, transport, etc.
Regarding claim 3. Bonner as modified by Baysal renders obvious the system of claim 1, wherein the first connection mechanism and the second connection mechanism each include at least one magnet (Page 36, Ins. 4-7, as the mask holder 118, inserted within window 115 is provided with magnet 201, which aligns and attracts to magnet 202; see also Figures 4 and 6).
Regarding claim 4. Bonner as modified by Baysal renders obvious the system of claim 1, wherein the cavity is substantially the same size as the recess (Fig. 4), and the cavity is configured to receive the recess therein when the first cassette portion and the second cassette portion are aligned (Figures 3-5; see also page 35, Ins. 8-16).
Regarding claim 5. Bonner as modified by Baysal renders obvious the system of claim 4, wherein a lower surface of the first cassette portion is substantially flush with an upper surface of the second cassette portion when the first cassette portion and the second cassette portion are aligned (Figures 4-5).
Regarding claim 11. Bonner discloses a cassette for use in a tissue imaging system (vacuum chamber 101, Fig. 3), the cassette comprising: a first cassette portion (lid 103, Fig. 4) including: a window configured to view tissue therethrough (window 115, Figures 4-5; see also Page 35, Ins. 14-16); and a first connection mechanism affixed thereto (Fig. 4; see also Page 33, Ins. 32-33, as lid 103 may be fastened to the base member via a hinge 104 and clip 105 arrangement; see also Page 36, Ins. 4-7, as the mask holder 118, inserted within window 115 is provided with magnet 201); a second cassette portion (base member 102, Fig. 4) including: a cavity configured to receive the tissue therein (recessed portion 113, Fig. 4); and a second connection mechanism affixed thereto (Figures 3-5, as second surface 108 includes a mechanism that aligns with clip 105, as well as must include a complementary portion of hinge 104. Furthermore magnet 202 is disposed on recessed portion 113); wherein alignment of the first connection mechanism and the second connection mechanism is adapted to cause the first cassette portion to couple to the second cassette portion, compressing the tissue into the cavity for imaging (Figures 4-5; see also page 36, Ins. 4-7).
Bonner fails to disclose wherein the first connection mechanism and the second connection mechanism are configured to couple the first cassette portion to the second cassette portion, to compress the tissue into the cavity for imaging.
Baysal from a similar field of endeavor teaches a specimen holding device that comprises two positioning remembers connected to one another, configured to compress the specimen therebetween (para 0037, fig 2) to facilitate accurate detection of tissue margins, improve transport, etc. (para 0002, 0006). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner with the teachings of Baysal to provide the predictable result of improving imaging, transport, etc.
Regarding claim 12. Bonner as modified by Baysal renders obvious the cassette of claim 11, further comprising a recess formed in a central portion of the first cassette portion (Figures 3-5; see also Page 35, Ins. 32-34, as mask holder 118 is inserted in an opening 115 of the lid).
Regarding claim 13. Bonner as modified by Baysal renders obvious the cassette of claim 12, wherein the cavity is substantially the same size as the recess (Fig. 4), and the cavity is configured to receive recess therein when the first cassette portion and the second cassette portion are aligned (Figures 3-5; see also page 35, Ins. 8-16).
Regarding claim 15. Bonner as modified by Baysal renders obvious the cassette of claim 11, wherein the first connection mechanism and the second connection mechanism each include at least one magnet (Page 36, Ins. 4-7, as the mask holder 118, inserted within window 115 is provided with magnet 201, which aligns and attracts to magnet 202; see also Figures 4 and 6).
Regarding claim 16. Bonner as modified by Baysal renders obvious the cassette of claim 11, wherein a lower surface of the first cassette portion is substantially flush with an upper surface of the second cassette portion when the first cassette portion and the second cassette portion are aligned (Figures 4-5).
Regarding claim 20. Bonner discloses a tissue imaging system (Fig. 3) including a cassette configured to retain a tissue for imaging (vacuum chamber 101, Fig. 3), the system comprising: a top portion (lid 103, Fig. 4) including a window configured to view a tissue therethrough (window 115, Figures 4-5; see also Page 35, Ins. 14-16) and a beam affixed thereto (longitudinal beam portion of hinge 104, Figures 4-6, as base member 102 includes the recessed portion of a hinge arrangement and lid 103 is fastened to the base member via hinge 104; see also page 33, Ins. 32-33); a bottom portion (base member 102, Fig. 4) including a cavity configured to receive the tissue therein (recessed portion 113, Fig. 4) and groove configured to receive the beam therein (Figures 4-6, as base member 102 includes the recessed portion of a hinge arrangement and lid 103 is fastened to the base member via hinge 104; see also page 33, Ins. 32-33); and an imaging device configured to image the tissue through the window (Page 40, Ins. 9-10; see also page 45, Ins. 31-34), wherein aligning the beam and the groove is adapted to cause the top portion to couple to the bottom portion, compressing the tissue into the cavity for imaging (Figures 4-6), and wherein a lower surface of the top portion is substantially flush with an upper surface of the bottom portion when the top portion and the bottom portion are aligned (Figures 4-5).
Bonner fails to disclose wherein the first connection mechanism and the second connection mechanism are configured to couple the first cassette portion to the second cassette portion, to compress the tissue into the cavity for imaging.
Baysal from a similar field of endeavor teaches a specimen holding device that comprises two positioning remembers connected to one another, configured to compress the specimen therebetween (para 0037, fig 2) to facilitate accurate detection of tissue margins, improve transport, etc. (para 0002, 0006). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner with the teachings of Baysal to provide the predictable result of improving imaging, transport, etc.
Claim(s) 2, 8, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonner as modified by Baysal and in view of US 10,001,635 to Gareau (on IDS).
Regarding claim 2, Bonner as modified by Baysal renders obvious the system of claim 1. but fails to explicitly disclose that the imaging device is a solid-state confocal microscope. Gareau is in the field of confocal microscopy with fluorescence to support surgical procedures (col. 1, Ins. 22-25), and teaches an imaging device that is a solid-state confocal microscope (col. 6, Ins. 22-35). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner as modified by Baysal and with the teachings of Gareu, because doing so would further include that the imaging device is a solid-state confocal microscope to provide the predictable result of making the imaging useful in surgical procedures (Gareau, col. 4, Ins. 61-62).
Regarding Claim 8, Bonner s modified by Baysal renders obvious the system of claim 1. but fails to explicitly disclose that the recess includes a gel configured to adhere the tissue within the recess and maintain a position of the tissue therein, the gel including at least one of agarose, formaldehyde, or dimethyl sulfoxide.
Gareau is in the field of confocal microscopy with fluorescence to support surgical procedures (col. 1, Ins. 22-25), and teaches a recess that includes a gel configured to adhere tissue within the recess and maintain a position of the tissue therein (Fig. 1, as gcl disk 140 is disposed within piston housing 130; see also col. 6, Ins. 45-49), the gel including at least one of agarose, formaldehyde, or dimethyl sulfoxide (col. 6, Ins. 52-56). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner to further include that the recess includes a gel configured to adhere the tissue within the recess and maintain a position of the tissue therein, the gel including at least one of agarose, formaldehyde, or dimethyl sulfoxide, as taught by Gareau, to provide the predictable result of helping fix the sample to avoid lateral movement (Gareau, col. 6, Ins. 45-49).
Regarding Claim 14, Bonner s modified by Baysal renders obvious the cassette of claim 12. but fails to explicitly disclose that the recess includes a gel configured to adhere the tissue within the recess and maintain a position of the tissue therein, the gel including at least one of agarose, formaldehyde, or dimethyl sulfoxide.
Gareau is in the field of confocal microscopy with fluorescence to support surgical procedures (col. 1, Ins. 22-25), and teaches a recess that includes a gel configured to adhere tissue within the recess and maintain a position of the tissue therein (Fig. 1, as gel disk 140 is disposed within piston housing 130; see also col. 6, Ins. 45-49), the gel including at least one of agarose, formaldehyde, or dimethyl sulfoxide (col. 6, Ins. 52-56). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner to further include that the recess includes a gel configured to adhere the tissue within the recess and maintain a position of the tissue therein, the gel including at least one of agarose, formaldehyde, or dimethyl sulfoxide, as taught by Gareau, the motivation being that such a configuration helps fix the sample to avoid lateral movement (Gareau, col. 6, Ins. 45-49).
Claim(s) 6-7, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2015199976A1 to Bonner et al. (hereinafter “Bonner” – on IDS) in view of CN 110646398 to Jiangsu Dowell Photonics Technology (hereinafter, "Jiangsu" – on IDS).
Regarding Claim 6, Bonner as modified by Baysal renders obvious the system of claim 1. but fails to explicitly disclose a temperature-controlled plate configured to maintain a temperature of the tissue in a range of approximately four to approximately six degrees Celsius.
Jiangsu is in the field of optical instruments, in particular to a temperature-controlled fine-tuning objective table of a microscope (Para. [0002]), and teaches a temperature-controlled plate configured to maintain a temperature of a tissue in a range of approximately four to approximately six degrees Celsius (temperature-controlled stage 1, Fig. 2; see also Para. [0021]). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner to further include a temperature-controlled plate configured to maintain a temperature of the tissue in a range of approximately four to approximately six degrees Celsius, as taught by Jiangsu, the motivation being that such a configuration allows a sample to be kept under a certain temperature condition while the sample is viewed through a microscope via resolution scanning (Jiangsu, Para. [0004]).
Regarding Claim 7, Bonner as modified by Baysal and Jiangsu renders obvious the system of claim 6, further comprising at least one fixation magnet affixed to the second cassette portion (magnet 202, Fig.4). but fails to explicitly disclose that the at least one fixation magnet is configured to magnetically couple the second cassette portion to the temperature-controlled plate. Jiangsu is in the field of optical instruments, in particular to a temperature-controlled fine-tuning objective table of a microscope (Para. [0002]), and teaches a temperature-controlled plate configured to magnetically couple to a cassette portion (Para. [0020], as temperature-controlled stage 1 includes magnets 9 to couple an object stage 2). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner to further include that the at least one fixation magnet is configured to magnetically couple the second cassette portion to the temperature-controlled plate, as taught by Jiangsu, the motivation being that such a configuration aids in the quick assembly of a temperature control table, enabling a sample to be stored and viewed at a specific temperature (Jiangsu, Para. [0020]).
Regarding Claim 17, Bonner as modified by Baysal renders obvious the cassette of claim 11, but fails to explicitly disclose a thermally conductive material configured to interact with a cooling system, wherein the cooling system is configured to maintain a temperature of the tissue in a range of approximately four to approximately six degrees Celsius. Jiangsu is in the field of optical instruments, in particular to a temperature-controlled fine-tuning objective table of a microscope (Para. [0002]), and teaches a thermally conductive material configured to interact with a cooling system, wherein the cooling system is configured to maintain a temperature of the tissue in a range of approximately four to approximately six degrees Celsius (temperature-controlled stage 1, Fig. 2; see also Para. [0021]). It would have been obvious to one of ordinary skill in the art before the priority date to modify the cassette of Bonner to further include a thermally conductive material configured to interact with a cooling system, wherein the cooling system is configured to maintain a temperature of the tissue in a range of approximately four to approximately six degrees Celsius, as taught by Jiangsu, the motivation being that such a configuration allows a sample to be kept under a certain temperature condition while the sample is viewed through a microscope via resolution scanning (Jiangsu, Para. [0004]).
Regarding Claim 18, Bonner as modified by Baysal and Jiangsu renders obvious the cassette of claim 17, further comprising at least one fixation magnet affixed to the second cassette portion (magnet 202, Fig.4). but fails to explicitly disclose that the at least one fixation magnet configured to magnetically couple the second cassette portion to at least one of the cooling system or an imaging device. Jiangsu is in the field of optical instruments, in particular to a temperature-controlled fine-tuning objective table of a microscope (Para. [0002]), and teaches a temperature-controlled plate configured to magnetically couple to a cassette portion (Para. [0020], as temperature-controlled stage 1 includes magnets 9 to couple an object stage 2). It would have been obvious to one of ordinary skill in the art before the priority date to modify the cassette of Bonner to further include that the at least one fixation magnet configured to magnetically couple the second cassette portion to at least one of the cooling system or an imaging device, as taught by Jiangsu, the motivation being that such a configuration aids in the quick assembly of a temperature control table, enabling a sample to be stored and viewed at a specific temperature (Jiangsu, Para. [0020]).
Claim(s) 910 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonner in view of Baysal and JP 2-66430 to Takahashi et al. (hereinafter, "Takahashi"– on IDS).
Regarding Claim 9, Bonner as modified by Baysal and Jiangsu renders obvious the system of claim 1. Bonner fails to explicitly disclose a calibration component affixed to the second cassette portion, the calibration component configured to evaluate a performance metric of the imaging device based on light reflected towards a reflection target on the window. Takahashi is in the field of sample holders for fluorescent measurements (Abstract), and teaches a calibration component (coating of metallic film or multilayered dielectric films 2, Fig. 1) affixed to a sample holder (sample holder 1, Fig. 1), the calibration component configured to evaluate a performance metric of an imaging device based on light reflected towards a reflection target (Abstract). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of DIIIIS to further include a calibration component affixed to the second cassette portion, the calibration component configured to evaluate a performance metric of the imaging device based on light reflected towards a reflection target on the window, as taught by Takahashi, the motivation being that such a configuration provides an inexpensive means by which an exact fluorescent measurement may be obtained (Takahashi, Abstract).
Regarding Claim 10, Bonner as modified by Baysal renders obvious the system of claim 9. Bonner fails to explicitly disclose that the calibration component includes at least one of a fluorescent film or fluorescent microspheres. Takahashi is in the field of sample holders for fluorescent measurements (Abstract), and teaches a calibration component that includes a fluorescent film (Abstract, as metallic film or multilayered dielectric films 2 provide a measurement of fluorescence by reflecting the stimulating light). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Bonner to further include that the calibration component includes at least one of a fluorescent film or fluorescent microspheres, as taught by Takahashi, the motivation being that such a configuration provides an inexpensive means by which an exact fluorescent measurement may be obtained (Takahashi, Abstract).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonner in view of Baysal, Jiangsu and JP 2-66430 to Takahashi et al. (hereinafter, "Takahashi" – on IDS).
Regarding Claim 19, Bonner as modified by Baysal renders obvious the cassette of claim 17. Bonner fails to explicitly disclose a calibration component affixed to the second cassette portion, the calibration component configured to evaluate a performance metric of the imaging device based on light reflected towards a reflection target on the window, wherein the calibration component includes at least one of a fluorescent film or fluorescent microspheres. Takahashi is in the field of sample holders for fluorescent measurements (Abstract), and teaches a calibration component (coating of metallic film or multilayered dielectric films 2, Fig. 1) affixed to a sample holder (sample holder 1, Fig. 1), the calibration component configured to evaluate a performance metric of an imaging device based on light reflected towards a reflection target (Abstract), wherein the calibration component includes a fluorescent film (Abstract, as metallic film or multilayered dielectric films 2 provide a measurement of fluorescence by reflecting the stimulating light). It would have been obvious to one of ordinary skill in the art before the priority date to modify the cassette of Bonner to further include a calibration component affixed to the second cassette portion, the calibration component configured to evaluate a performance metric of the imaging device based on light reflected towards a reflection target on the window, wherein the calibration component includes at least one of a fluorescent film or fluorescent microspheres, as taught by Takahashi, the motivation being that such a configuration provides an inexpensive means by which an exact fluorescent measurement may be obtained (Takahashi, Abstract).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SANA SAHAND/Examiner, Art Unit 3796
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