8DETAILED ACTION
1. The Office Action is in response to Application 18935107 filed on 11/01/2024. Claim 1-18 are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 11/01/2024, 04/29/2025, 09/04/2025, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application 18935107 filed on 11/01/2024.
Priority # Filling Data Country
2021-108359 2021-06-30 JP
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
6. Claim 1-18 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1-17 of US Patent US 12164099 and in view of LI et al.( CN 102818768) indicated below.
For Claim 1 and its dependent claims 2-18, although the conflicting claims are not identical, they both are dealing with an observation apparatus. As clearly indicated in the table below, each claimed limitations of claim 1 and its dependent claims 2-18 of the current application are anticipated by the corresponding limitations of claim 1-17 of the reference patent except for the observation optical system includes a plurality of objective lenses different from one another in at least one of magnification and NA, and the maximum value of the NA of the light beam from the sample and the minimum value of the NA of the light beam from the sample are determined by the magnifications and the NAs of the plurality of objective lenses.
US 12164099
Current Application
Claim 1:
An observation apparatus comprising:
an observation optical system configured to image a light beam from a sample, and form an image of the sample;
a display apparatus configured to display a display pattern;
a display projection optical system configured to project a light beam from the display apparatus, and form an image of the display pattern at a position at which the image of the sample is formed;
a combining optical element configured to combine the light beam from the sample and the light beam from the display apparatus;
and an eyepiece optical system through which an image of the sample and an image of the display pattern are simultaneously observable by an observer, wherein:
a numerical aperture (NA) of the light beam from the display apparatus is smaller than a maximum value of an NA of the light beam from the sample, and is larger than a minimum value of the NA of the light beam from the sample, at a position of an image on an optical path that is formed after the light beam from the sample and the light beam from the display apparatus are combined by the combining optical element,
and the observation apparatus satisfies the following conditional expression (1):
WD×α>R/10 (1), where a distance from the display apparatus to an optical member of the display projection optical system that is closest to the display apparatus is denoted by WD, an NA of a light beam taken in by the display projection optical system from the display apparatus is denoted by a, and a circumradius of a display region of the display apparatus is denoted by R.
claim 2:
wherein the image on the optical path that is formed after the light beam from the sample and the light beam from the display apparatus are combined by the combining optical element includes a virtual image formed by the eyepiece optical system
claim 3:
an image sensor configured to capture an image of the sample; an image capturing optical system configured to image a light beam from the sample onto the image sensor; and a splitting optical element configured to guide at least a part of light beams from the sample to the image sensor, wherein the splitting optical element is arranged on an optical path between the sample and the combining optical element.
claim 4:
wherein the observation apparatus satisfies the following conditional expression (2):
0.5<Dc/Do<2.0 (2), where an imaging range on the sample that is generated by the image sensor is denoted by Dc, and an observation range on the sample that is generated by the observation optical system is denoted by Do.
claim 5:
wherein the observation apparatus satisfies the following conditional expression (3):
Ppro×MGpro>Pc×MGo/MGc (3), where a size of each pixel of the display apparatus is denoted by Ppro, a size of each pixel of the image sensor is denoted by Pc, a projection magnification from the sample to the image sensor is denoted by MGc, a projection magnification from the display apparatus to a position of an image of the sample is denoted by MGpro, and a projection magnification from the sample to the position of the image of the sample is denoted by Mgo.
claim 6:
the observation optical system includes: an objective optical system configured to convert light beams from the sample into approximately-parallel light beams; and an imaging optical system configured to image the approximately-parallel light beams, and form the image of the sample that is formed by the observation optical system, and the combining optical element is arranged on an optical path between the objective optical system and the imaging optical system
claim 7:
an eye separation optical element configured to split light beams to both left and right eyes of the observer, wherein the eye separation optical element is arranged closer to the observer than the combining optical element
Claim 8:
a display splitting optical element configured to split light beams from the display apparatus, wherein the display splitting optical element is arranged closer to the display apparatus than the combining optical element
claim 9:
wherein the combining optical element is a refractive surface of a lens included in the observation optical system or the eyepiece optical system, and reflects a part of light beams from the display apparatus and lets through a part of light beams from the sample
Claim 10:
wherein the combining optical element is a diffractive light guiding element arranged in approximately-parallel light beams
claim 11:
wherein: the observation optical system includes: an objective optical system configured to convert light beams from the sample into approximately-parallel light beams; and an imaging optical system configured to image the approximately-parallel light beams, and form the image of the sample that is formed by the observation optical system, and the combining optical element is arranged on an optical path between the objective optical system and the imaging optical system
Claim 12:
wherein the combining optical element is arranged on an optical path between the eyepiece optical system and an eye of the observer.
Claim 13:
wherein the combining optical element is a dihedral corner reflector array (DCRA) arranged in approximately-parallel light beams.
Claim 14:
wherein the combining optical element is a diffuser panel configured to let through a part of light beams from the sample and reflect, in a scattering manner, a part of light beams from the display apparatus, and is arranged at a position of an image of the sample that is formed by the observation optical system, or a position conjugate with the position.
Claim 15:
wherein; the observation optical system includes a plurality of objective lenses having different magnifications, and an objective lens inserted into an optical path is selectable from among the plurality of objective lenses.
Claim 16:
wherein the observation optical system includes a zooming optical system.
Claim 17:
wherein the observation apparatus comprises a microscope.
Claim 1
An observation apparatus comprising:
an observation optical system configured to image a light beam from a sample, and form an image of the sample;
a display apparatus configured to display a display pattern;
a display projection optical system configured to project a light beam from the display apparatus, and form an image of the display pattern at a position at which the image of the sample is formed;
a combining optical element configured to combine the light beam from the sample and the light beam from the display apparatus;
and an eyepiece optical system through which an image of the sample and an image of the display pattern are simultaneously observable by an observer, wherein:
a numerical aperture (NA) of the light beam from the display apparatus is smaller than a maximum value of an NA of the light beam from the sample, and is larger than a minimum value of the NA of the light beam from the sample, at a position of an image on an optical path that is formed after the light beam from the sample and the light beam from the display apparatus are combined by the combining optical element.
Claim 2
wherein the image on the optical path that is formed after the light beam from the sample and the light beam from the display apparatus are combined by the combining optical element includes a virtual image formed by the eyepiece optical system
Claim 3
an image sensor configured to capture an image of the sample; an image capturing optical system configured to image a light beam from the sample onto the image sensor; and a splitting optical element configured to guide at least a part of light beams from the sample to the image sensor, wherein the splitting optical element is arranged on an optical path between the sample and the combining optical element
Claim 4
wherein the observation apparatus satisfies the following conditional expression (2): 0.5<Dc/Do<2.,(2) where an imaging range on the sample that is generated by the image sensor is denoted by Dc, and an observation range on the sample that is generated by the observation optical system is denoted by Do.
Claim 5
wherein the observation apparatus satisfies the following conditional expression (3): Ppro×MGpro>Pc×MGo/MGc,(3) where a size of each pixel of the display apparatus is denoted by Ppro, a size of each pixel of the image sensor is denoted by Pc, a projection magnification from the sample to the image sensor is denoted by MGc, a projection magnification from the display apparatus to a position of an image of the sample is denoted by MGpro, and a projection magnification from the sample to the position of the image of the sample is denoted by Mgo.
Claim 6
the observation optical system includes: an objective optical system configured to convert light beams from the sample into approximately-parallel light beams; and an imaging optical system configured to image the approximately-parallel light beams, and form the image of the sample that is formed by the observation optical system, and the combining optical element is arranged on an optical path between the objective optical system and the imaging optical system.
Claim 7:
an eye separation optical element configured to split light beams to both left and right eyes of the observer, wherein the eye separation optical element is arranged closer to the observer than the combining optical element.
Claim 8:
a display splitting optical element configured to split light beams from the display apparatus, wherein the display splitting optical element is arranged closer to the display apparatus than the combining optical element
Claim 9:
wherein the combining optical element is a refractive surface of a lens included in the observation optical system or the eyepiece optical system, and reflects a part of light beams from the display apparatus and lets through a part of light beams from the sample.
Claim 10:
wherein the combining optical element is a diffractive light guiding element arranged in approximately-parallel light beams
Claim 11:
wherein: the observation optical system includes: an objective optical system configured to convert light beams from the sample into approximately-parallel light beams; and an imaging optical system configured to image the approximately-parallel light beams, and form the image of the sample that is formed by the observation optical system, and the combining optical element is arranged on an optical path between the objective optical system and the imaging optical system
Claim 12:
wherein the combining optical element is arranged on an optical path between the eyepiece optical system and an eye of the observer
Claim 13:
wherein the combining optical element is a dihedral corner reflector array (DCRA) arranged in approximately-parallel light beams.
Claim 14:
wherein the combining optical element is a diffuser panel configured to let through a part of light beams from the sample and reflect, in a scattering manner, a part of light beams from the display apparatus, and is arranged at a position of an image of the sample that is formed by the observation optical system, or a position conjugate with the position.
Claim 15:
wherein: the observation optical system includes a plurality of objective lenses having different magnifications, and an objective lens inserted into an optical path is selectable from among the plurality of objective lenses.
Claim 16:
wherein the observation optical system includes a zooming optical system.
Claim 17:
wherein the observation apparatus comprises a microscope.
Claim 18:
wherein: the observation optical system includes a plurality of objective lenses different from one another in at least one of magnification and NA, and the maximum value of the NA of the light beam from the sample and the minimum value of the NA of the light beam from the sample are determined by the magnifications and the NAs of the plurality of objective lenses.
Claim 1-17 of US 12164099 does not disclose explicitly said the observation optical system includes a plurality of objective lenses different from one another in at least one of magnification and NA, and the maximum value of the NA of the light beam from the sample and the minimum value of the NA of the light beam from the sample are determined by the magnifications and the NAs of the plurality of objective lenses.
LI discloses the observation optical system includes a plurality of objective lenses (fig. 1, components 11-13) different from one another in at least one of magnification and NA (as shown in fig. 1; page 5, …variable zoom lens (13) also can be a set of different numerical aperture and magnification of the lens group), and the maximum value of the NA of the light beam from the sample and the minimum value of the NA of the light beam from the sample are determined by the magnifications and the NAs of the plurality of objective lenses (the function is inherent; since the NA of the light beam from sample is inherently determined by the magnifications and the NAs of the plurality of objective lenses; fig. 1 and page 5 also says so, as: the light beam converging lens 1 (11) after collimation, so as to match the far aberration correction changeable power objective (13). variable zoom lens (13) also can be a set of different numerical aperture and magnification of the lens group, especially when implementing this patent, zoom lens group can choose the need of changeable power objective (13) through rotation, to obtain different magnification and imaging field of view ).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology the observation optical system includes a plurality of objective lenses different from one another in at least one of magnification and NA, and the maximum value of the NA of the light beam from the sample and the minimum value of the NA of the light beam from the sample are determined by the magnifications and the NAs of the plurality of objective lenses as a modification to the Claim 1-17 of US 1216409 for the benefit of that have controlled zooming view of the samples (see page 5).
Claim Rejections - 35 USC § 103
9. 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 of this title, 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.
10. Claims 1-3, 6, 8-10, 16-17 are rejected are rejected under 35 U.S.C. 103 as being unpatentable over NEWMAN et al. (CA 3066483) and in view of ZENG et al. (WO 2012135961) and in view of MAKI (JP H0829115).
Regarding claim 1, NEWMAN teaches an observation apparatus (fig. 1, fig. 2) comprising:
an observation optical system (fig. 2, component 290) configured to image a light beam from a sample (fig. 2, component 271), and form an image of the sample (as shown in fig. 2; paragraph 00112, … imaging system 200 are a projection lens 265, a semireflective
mirror 280, objective 270, and camera 290);
a display apparatus (fig. 2, components 220a, 220b, 230a, 230b, 265; paragraph 0097-0098, … Camera system 140 can include one or more image sensors to monitor and track the
imaging (e.g., sequencing) of sample container… Output data (e.g., images) from camera system 140 may be communicated to a realtime analysis module (not shown) …; which means for display; components 220a, 220b, 230a, 230b, 265 is part of the display apparatus);
a display projection optical system (fig. 2, component 210A, 210B) configured to project a light beam from the display apparatus (as shown in fig. 2) , and form an image of the display pattern at a position at which the image of the sample is formed (paragraph 0102, … a two arm
SIM imaging system 200 in accordance with some implementations described herein. The
first arm of system 200 includes a light emitter 210A, an optical collimator 220A to collimate
light output by light emitter 210A, a diffraction grating 230A in a first orientation with respect
to the optical axis, a rotating window 240A, and a projection lens 250A. The second arm of
system 200 includes a light emitter 21 OB, an optical collimator 220B to collimate light output
by light emitter 210B, a diffraction grating 230B in a second orientation with respect to the optical axis, a rotating window 240B, and a projection lens 250B; the pattern is suggested in paragraph 0105, … SIM imaging system 200, the first arm includes a fixed vertical grating
230A to project a grating pattern in a first orientation (e.g., a vertical fringe pattern) onto the
sample, and the second arm includes a fixed horizontal grating 230B to project a grating pattern
in a second orientation (e.g., a horizontal fringe pattern) onto the sample);
a combining optical element configured to combine a light beam from the sample and a light beam from the display apparatus (fig. 6; paragraph 0125, … the polarizing beam splitter for combining the horizontal and vertical grating images; paragraph 0130, … utilize one or more polarizing beam splitters to combine the images of each of the gratings);
and an eyepiece optical system (fig. 2, component 265), wherein a numerical aperture (NA) of a light beam from the display apparatus is smaller than a maximum value of an NA of a light beam from the sample, and is larger than a minimum value of an NA of a light beam from the sample (as shown in fig. 2, the light beam from display apparatus goes through 210a to 265, and then goes 280 to reflect to 270 to illuminate sample, in which, the numerical aperture (NA) of a light beam from the display apparatus will be smaller than a maximum value of an NA of a light beam from the sample (since eventually, both light beams go through the same optical parts like 280, 270), and is larger than a minimum value of an NA of a light beam from the sample (since both light beams go through the same optical parts like 280/270, the numerical aperture of light beam from display apparatus will fit between the maximum value of an NA of a light beam from the sample and the minimum value of an NA of a light beam from the sample; paragraph 0042, … passing the first diffracted light through a first plurality of apertures of a spatial filter wheel and blocking the second diffracted light at the spatial filter wheel; paragraph 0043, …. it passes the second diffracted light through a second plurality of apertures of the spatial filter wheel and blocks the first diffracted light at the spatial filter wheel; in which, plurality of apertures has maximum value of an NA and minimum value of an NA and light beam NA are between these two values), at a position of an image on an optical path that is formed after light beams are combined by the combining optical element (as shown in fig. 2-fig. 4; paragraph 0042-0043, … projecting the first diffracted light the passed through the first plurality of holes as a first plurality of fringes on a sample plane; and capturing a first plurality of phase images of light emitted by the sample, wherein during capture of the first plurality of images, the first plurality of fringes are phase shifted on the sample plane… it passes the second diffracted light through a second plurality of apertures of the spatial filter wheel and blocks the first diffracted light at the spatial filter wheel; projecting the second diffracted light that passes through the second plurality of holes as a second plurality of fringes, orthogonal to the first plurality of fringes, on the sample plane; and capturing a second plurality of phase images of light emitted by the sample);
It is noticed that NEWMAN does not disclose explicitly of display a display pattern.
ZENG discloses of display a display pattern (paragraph 0053, The DAQ board also transfers both of the synchronization signals to the frame grabber for display of video signals detected by PMTs …; claim 13… comprising a display connected to display images acquired by the frame grabber ).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that display a display pattern as a modification to the apparatus for the benefit of that observer has a better view of the display pattern.
It is noticed that NEWMAN does not disclose explicitly of enable an observer to simultaneously observe an image of the sample and an image of the display pattern.
MAKI discloses of enable an observer to simultaneously observe an image of the sample and an image of the display pattern (page 8, it is possible to observe a clear microscope image of the fine structure of the sample simultaneously with the interference pattern …);
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that enable an observer to simultaneously observe an image of the sample and an image of the display pattern as a modification to the apparatus for the benefit of that a clear fine structure image of the sample can be simultaneously observed together with the interference pattern (page 0005).
Regarding claim 2, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above. In addition, NEWMAN further discloses that the image on the optical path that is formed after the light beam from the sample and the light beam from the display apparatus are combined by the combining optical element includes a virtual image formed by the eyepiece optical system (paragraph 0125, … the polarizing beam splitter for combining the horizontal and vertical grating images; paragraph 0130, … utilize one or more polarizing beam splitters to combine the images of each of the gratings).
Regarding claim 3, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above. In addition, NEWMAN further discloses that an image sensor configured to capture an image of the sample (fig. 2, component 290);
an image capturing optical system configured to image a light beam from the sample onto the image sensor (fig. 2, component 270);
and a splitting optical element configured to guide at least a part of light beams from the sample to the image sensor (fig. 1, component 155/160; paragraph 0085, … Light structuring optical assembly 155 in various implementations, further described below, includes one or more optical diffraction gratings or other beam splitting elements), wherein the splitting optical element is arranged on an optical path between the sample and the combining optical element (as shown in fig. 1, 155/160 is between the sample and the combining optical element).
Regarding claim 6, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above. In addition, NEWMAN further discloses that an objective optical system configured to convert light beams from the sample into approximately-parallel light beams (as shown in fig. 2, the light beams between 280 and 270 are approximately-parallel light beams);
and an imaging optical system (fig. 2, component 280/290) configured to image the approximately-parallel light beams, and form an image of the sample that is formed by the observation optical system (as shown in fig. 2), and the combining optical element is arranged on an optical path between the objective optical system and the imaging optical system (as shown in fig. 2, component 280; paragraph 0125, … the polarizing beam splitter for combining the horizontal and vertical grating images; paragraph 0130, … utilize one or more polarizing beam splitters to combine the images of each of the gratings).
Regarding claim 8, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 6 as discussed above. In addition, NEWMAN further discloses that a display splitting optical element (fig. 2, component 230A/230B) configured to split light beams from the display apparatus (as shown in fig. 2), wherein the display splitting optical element is arranged closer to the display apparatus than the combining optical element (fig. 2; also shows in paragraph 00111, … the structured illumination pattern may be switched from a vertical orientation (e.g., grating 230A) to a horizontal orientation (e.g., grating 230B) by turning each emitter on or off or by opening and closing an optical shutter that directs a light source's light through the fiber optic cable).
Regarding claim 9, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above. In addition, NEWMAN further discloses that the combining optical element is a refractive surface of a lens included in the observation optical system or the eyepiece optical system, and reflects a part of light beams from the display apparatus and lets through a part of light beams from the sample (fig. 2, component 280; paragraph 0112, Semi-reflective mirror 280 may be a dichroic mirror to reflect structured illumination light received from each arm down into objective 270 for projection onto sample 271 , and to pass through light emitted by sample 271 (e.g., fluorescent light, which is emitted at different wavelengths than the excitation) onto camera 290.).
Regarding claim 10, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above. In addition, NEWMAN further discloses that the combining optical element is a diffractive light guiding element arranged in approximately-parallel light beams (as shown in fig. 2, the light after 280 are approximately-parallel light beams).
Regarding claim 16, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above. In addition, ZENG further discloses that zooming optical system (paragraph 0021, … The magnification of objective 110 may for example be in the range of 20X to lO0X. In certain embodiments the magnification of objective 110 is 60X).
The motivation of combination is the same as in claim 1’s rejection.
Regarding claim 17, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above. In addition, NEWMAN further discloses that the observation apparatus is microscope (fig. 15; paragraph 0057, … illustrates an afocal mirror image and fluorescent slide captured using the example SIM imaging system of FIG. 7, using a 20x/0.75 NA microscope).
11. Claims 7, 12 are rejected are rejected under 35 U.S.C. 103 as being unpatentable over NEWMAN et al. (CA 3066483) and in view of ZENG et al. (WO 2012135961) and further in view of MAKI (JP H0829115) and further in view of NAKAYAMA (JP 2012168302).
Regarding claim 7, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above.
It is noticed that NEWMAN does not disclose explicitly of an eye separation optical element configured to split light beams to left and right both eyes of the observer, wherein the eye separation optical element is arranged closer to the observer than the combining optical element.
NAKAYAMA discloses of an eye separation optical element configured to split light beams to left and right both eyes of the observer (fig. 2, component 23, 24a, 24b) wherein the eye separation optical element is arranged closer to the observer than the combining optical element (as shown in fig. 2, 23, 24a, 24b is closer to the observer than 22, the combining optical element ).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that an eye separation optical element configured to split light beams to left and right both eyes of the observer, wherein the eye separation optical element is arranged closer to the observer than the combining optical element as a modification to the apparatus for the benefit of that has a stereoscopic microscope (Abstract).
Regarding claim 12, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 10 as discussed above.
It is noticed that NEWMAN does not disclose explicitly of the combining optical element is arranged on an optical path between the eyepiece optical system and an eye of the observer.
NAKAYAMA discloses of the combining optical element (fig. 2, component 23) is arranged on an optical path between the eyepiece optical system (fig. 2, component 16) and an eye of the observer (as shown in fig. 2, 23, is arranged on an optical path between the eyepiece optical system and an eye of the observer ).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that the combining optical element is arranged on an optical path between the eyepiece optical system and an eye of the observer as a modification to the apparatus for the benefit of that has a stereoscopic microscope (Abstract).
12. Claim13 is rejected are rejected under 35 U.S.C. 103 as being unpatentable over NEWMAN et al. (CA 3066483) and in view of ZENG et al. (WO 2012135961) and further in view of MAKI (JP H0829115) and further in view of UGIYAMA et al. (JP 2012118095).
Regarding claim 13, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above.
It is noticed that UGIYAMA does not disclose explicitly of the combining optical element is a dihedral corner reflector array (DCRA) arranged in approximately-parallel light beams.
NAKAYAMA discloses of the combining optical element is a dihedral corner reflector array (DCRA) arranged in approximately-parallel light beams (fig. 2; fig. 4; page 3, …FIG. 2 shows an enlarged partial perspective view of an embodiment of a dihedral corner reflector array optical element 66 having a protruding cylindrical body 51 to which the present invention is applied ).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that the combining optical element is a dihedral corner reflector array (DCRA) arranged in approximately-parallel light beams as a modification to the apparatus for the benefit of that has an accurate view of the sample by the microscope.
13. Claim 18 is rejected are rejected under 35 U.S.C. 103 as being unpatentable over NEWMAN et al. (CA 3066483) and in view of ZENG et al. (WO 2012135961) and further in view of MAKI (JP H0829115) and further in view of LI et al. (CN 102818768).
Regarding claim 18, the combination of NEWMAN, ZENG and MAKI teaches the limitations recited in claim 1 as discussed above.
It is noticed that NEWMAN does not disclose explicitly of the observation optical system includes a plurality of objective lenses different from one another in at least one of magnification and NA, and the maximum value of the NA of the light beam from the sample and the minimum value of the NA of the light beam from the sample are determined by the magnifications and the NAs of the plurality of objective lenses.
LI discloses the observation optical system includes a plurality of objective lenses (fig. 1, components 11-13) different from one another in at least one of magnification and NA (as shown in fig. 1; page 5, …variable zoom lens (13) also can be a set of different numerical aperture and magnification of the lens group), and the maximum value of the NA of the light beam from the sample and the minimum value of the NA of the light beam from the sample are determined by the magnifications and the NAs of the plurality of objective lenses (the function is inherent; since the NA of the light beam from sample is inherently determined by the magnifications and the NAs of the plurality of objective lenses; fig. 1 and page 5 also says so, as: the light beam converging lens 1 (11) after collimation, so as to match the far aberration correction changeable power objective (13). variable zoom lens (13) also can be a set of different numerical aperture and magnification of the lens group, especially when implementing this patent, zoom lens group can choose the need of changeable power objective (13) through rotation, to obtain different magnification and imaging field of view ).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology the observation optical system includes a plurality of objective lenses different from one another in at least one of magnification and NA, and the maximum value of the NA of the light beam from the sample and the minimum value of the NA of the light beam from the sample are determined by the magnifications and the NAs of the plurality of objective lenses as a modification to the apparatus for the benefit of that have controlled zooming view of the samples (see page 5).
Conclusion
14 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
15. Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAIHAN JIANG whose telephone number is (571)272-1399. The examiner can normally be reached on flexible.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath Perungavoor can be reached on (571)272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-270-0655.
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/ZAIHAN JIANG/Primary Examiner, Art Unit 2488