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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 9-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomosugi et al (EP 3276334A1).
As to claim 1, Tomosugi discloses a method for acquiring frames using a plurality of detection channels (FIG. 2), the method comprising:
acquiring at least first frame data from a first detection channel in a first acquisition mode (FIG. 2 and [0042]: first period Ta and first image processing; In the first period Ta, the controller 42 causes the activated fluorescent substance to be irradiated with the first excitation light L2 and causes the imager 6 to image fluorescent images of the activated fluorescent substance in a plurality of frame periods Tf);
acquiring at least second frame data from a second detection channel in a second acquisition mode (FIG. 2 and [0042]: second period Tb and third image processing; In a second period Tb, the controller 42 causes the fiducial markers to be irradiated with the auxiliary light L4 in the state in which the first excitation light L2 is stopped or the intensity thereof is reduced and causes the imager 6 to image fluorescent images emitted from the fiducial markers; The second period Tb includes a frame period Tf);
wherein the first frame data and the second frame data are acquired in respectively mutually alternating acquisition sequences of a respective acquisition series (FIG. 2 and [0042]: The controller 42 repeats the first period Ta and the second period Tb alternately during the period T1);
wherein the first and second frame data are acquired using a single camera (FIGS. 1-2 and [0042]: frames are captured by single imager 6), and
wherein a duration of the acquisition sequences of the acquisition series are chosen differently for each detection channel, with the duration of the acquisition sequences in one of the acquisition modes differing from the duration of acquisition sequences of at least one further acquisition mode at least by the duration of a single frame acquisition (FIG. 2 and [0042]: Ta and Tb are chosen differently with the duration of acquisition sequences different by at least a frame period Tf).
As to claim 2, Tomosugi further discloses wherein artificial frame data are in each case generated for data gaps that are caused by the alternate acquisition of first and second frame data and that correspond to at least one omitted frame, the generation being brought about by either: copying frame data acquired temporally before and/or temporally after a data gap and assigning said frame data to the omitted frames, or calculating frame data for the omitted frames based on frame data from a detection channel acquired temporally before and/or temporally after a data gap (see [0039]).
As to claim 3, Tomosugi further discloses wherein information specifying the duration of the acquisition sequences and of data gaps and a number of acquired or omitted frames are assigned to the frame data and to the data gaps (see [0039]).
As to claim 4, Tomosugi further discloses wherein the information additionally comprises timestamps of the acquisition series (FIG. 2 and [0039]).
As to claim 6, Tomosugi further discloses wherein the duration of the acquisition sequences of the acquisition series for each detection channel is chosen based on an intensity of acquired frames (see [0029] and [0042]).
As to claim 9, Tomosugi discloses an optical device for acquiring frame data on at least two detection channels (FIG. 1), the optical device comprising:
a detection beam path, along which detection radiation to be acquired is steered to a camera (FIG. 1: optical path switching member 26 guides the fluorescence from the specimen X to the optical path toward the imager 6 through internal reflection);
a controller configured to create and transmit control commands (FIG. 1, controller 42), wherein at least one light source for providing illumination radiation, optical filter elements for a controlled selection of at least one wavelength range of the illumination radiation, and/or optical filter elements for the controlled selection of at least one wavelength range of the detection radiation are controlled by the control commands (FIG. 1 and [0038]-[0040]: light source device 3, illumination optical system 4, image-forming optical system 5, and imager 6 are controlled by the controller 42) in order to:
acquire first frame data from a first detection channel by means of the camera in a first acquisition mode (FIG. 2 and [0042]: first period Ta and first image processing; In the first period Ta, the controller 42 causes the activated fluorescent substance to be irradiated with the first excitation light L2 and causes the imager 6 to image fluorescent images of the activated fluorescent substance in a plurality of frame periods Tf), and
acquire second frame data from a second detection channel by means of the camera in a second acquisition mode, the acquisition modes being determined by respectively selected wavelength ranges of the illumination radiation and/or the detection radiation (FIG. 2 and [0042]: second period Tb and third image processing; In a second period Tb, the controller 42 causes the fiducial markers to be irradiated with the auxiliary light L4 in the state in which the first excitation light L2 is stopped or the intensity thereof is reduced and causes the imager 6 to image fluorescent images emitted from the fiducial markers; The second period Tb includes a frame period Tf), and
in order to acquire the first frame data and the second frame data in respective alternating acquisition sequences of a respective acquisition series (FIG. 2 and [0042]: The controller 42 repeats the first period Ta and the second period Tb alternately during the period T1),
wherein the control commands of the controller are used to set a duration of the acquisition sequences of the acquisition series for each detection channel so that they differ from one another, by virtue of the optical filter elements being controlled such that, as a result of their effect over the duration of the respective acquisition sequences, detection radiation of each detection channels is acquired and assigned thereto (see [0029]-[0031]),
wherein the duration of the acquisition sequences from one detection channel differs from the duration of acquisition sequences of the at least one further detection channel (Ch1,Ch2) at least by the duration of a single frame acquisition, with the result that for temporally parallel acquisition series frame data of only one acquisition sequence are in each case acquired at a time point, and data gaps are present in the acquisition series outside of the respective acquisition sequences (FIG. 2 and [0042]: Ta and Tb are chosen differently with the duration of acquisition sequences different by at least a frame period Tf).
As to claim 10, Tomosugi discloses a microscope comprising an optical device for acquiring frame data on at least two detection channels (FIG. 1), the optical device comprising:
a detection beam path, along which detection radiation to be acquired is steered to a camera (FIG. 1: optical path switching member 26 guides the fluorescence from the specimen X to the optical path toward the imager 6 through internal reflection);
a controller configured to create and transmit control commands, wherein at least one light source for providing illumination radiation, optical filter elements for controlled selection of at least one wavelength range of the illumination radiation, and/or optical filter elements for the controlled selection of at least one wavelength range of the detection radiation are controlled by the control commands (FIG. 1 and [0038]-[0040]: controller 42) in order to:
acquire first frame data from a first detection channel by means of the camera in a first acquisition mode (FIG. 2 and [0042]: first period Ta and first image processing; In the first period Ta, the controller 42 causes the activated fluorescent substance to be irradiated with the first excitation light L2 and causes the imager 6 to image fluorescent images of the activated fluorescent substance in a plurality of frame periods Tf), and
acquire second frame data from a second detection channel by means of the camera in a second acquisition mode, the acquisition modes being determined by respectively selected wavelength ranges of the illumination radiation and/or the detection radiation (FIG. 2 and [0042]: second period Tb and third image processing; In a second period Tb, the controller 42 causes the fiducial markers to be irradiated with the auxiliary light L4 in the state in which the first excitation light L2 is stopped or the intensity thereof is reduced and causes the imager 6 to image fluorescent images emitted from the fiducial markers; The second period Tb includes a frame period Tf), and
in order to acquire the first frame data and the second frame data in respective alternating acquisition sequences of a respective acquisition series (FIG. 2 and [0042]: The controller 42 repeats the first period Ta and the second period Tb alternately during the period T1),
wherein the control commands of the controller are used to set a duration of the acquisition sequences of the acquisition series for each detection channel so that they differ from one another, by virtue of the optical filter elements being controlled such that, as a result of their effect over the duration of the respective acquisition sequences, detection radiation of each detection channels is acquired and assigned thereto (see [0029]-[0031]),
wherein the duration of the acquisition sequences from one detection channel differs from the duration of acquisition sequences of the at least one further detection channel (Ch1,Ch2) at least by the duration of a single frame acquisition, with the result that for temporally parallel acquisition series frame data of only one acquisition sequence are in each case acquired at a time point, and data gaps are present in the acquisition series outside of the respective acquisition sequences (FIG. 2 and [0042]: Ta and Tb are chosen differently with the duration of acquisition sequences different by at least a frame period Tf).
As to claim 12, Tomosugi further discloses wherein the microscope is designed to illuminate a sample with different patterns, phase angles, wavelengths and/or polarizations and thereby bring about a respective acquisition mode (see [0042]).
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.
Claim(s) 5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomosugi et al (EP 3276334A1) in view of Schreiber et al (US 9411141).
As to claim 5, Tomosugi fails to explicitly disclose wherein the duration of the acquisition sequences of the acquisition series for each detection channel is chosen based on a movement of imaged structures.
However, Schreiber teaches wherein the duration of the acquisition sequences of the acquisition series for each detection channel is chosen based on a movement of imaged structures (Col. 7, lines 45-50).
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skills in the art to modify Tomosugi using Schreiber’s teachings to include wherein the duration of the acquisition sequences of the acquisition series for each detection channel is chosen based on a movement of imaged structures in order to enable particularly versatile utilization in consideration of a wide variety of phenomena, with particularly good separation of the phenomena in the context of investigation and to enable optimization of the image contrast (Schreiber; col. 3, lines 14-17, 43-45).
As to claim 7, Tomosugi fails to explicitly disclose wherein the duration of the acquisition sequences in temporally successive acquisition series is modified.
However, Schreiber teaches wherein the duration of the acquisition sequences in temporally successive acquisition series is modified (FIG. 3, time segments).
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skills in the art to modify Tomosugi using Schreiber’s teachings to include wherein the duration of the acquisition sequences in temporally successive acquisition series is modified in order to enable particularly versatile utilization in consideration of a wide variety of phenomena, with particularly good separation of the phenomena in the context of investigation and to enable optimization of the image contrast (Schreiber; col. 3, lines 14-17, 43-45).
As to claim 8, Tomosugi fails to explicitly disclose wherein the duration of the acquisition sequences is modified within an acquisition series.
However, Schreiber teaches wherein the duration of the acquisition sequences is modified within an acquisition series (FIG. 5, time segments).
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skills in the art to modify Tomosugi using Schreiber’s teachings to include wherein the duration of the acquisition sequences is modified within an acquisition series in order to enable particularly versatile utilization in consideration of a wide variety of phenomena, with particularly good separation of the phenomena in the context of investigation and to enable optimization of the image contrast (Schreiber; col. 3, lines 14-17, 43-45).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomosugi et al (EP 3276334A1) in view of Lee et al (US 12598400).
As to claim 11, Tomosugi fails to explicitly disclose wherein the microscope includes a light-field microscope.
However, Lee teaches wherein the microscope includes a light-field microscope (FIG. 2).
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skills in the art to modify Tomosugi using Lee’s teachings to include a light-field microscope in order to acquire a 3D image having a high spatial resolution (Lee; col. 3, lines 45-50).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOUBACAR ABDOU TCHOUSSOU whose telephone number is (571)272-7625. The examiner can normally be reached M-F 8am-4pm.
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/BOUBACAR ABDOU TCHOUSSOU/Primary Examiner, Art Unit 2482
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