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 .
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statement (PTO-1449) filed 12/03/2024. An initialed copy is attached to this Office Action.
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 5, 6, 10, 11, 24, 27, 38, 49, 50, 52-54, 57, 58, 63, 70, 81 and 85 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 11-17 of U.S. Patent No. 12,222,518. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application: 18/954,285
Reference: USP No. 12,222,518
1. A system comprising: a first laser that produces a first beam of light; a second laser that produces a second beam of light; and a beam shaping component that receives the first beam of light and the second beam of light at substantially the same position from different angles of incidence and is configured to generate from the first beam of light and the second beam of light an output beam of light having a predetermined intensity profile along a horizontal axis, wherein the first beam of light and the second beam of light are propagated to the beam shaping component via a mirror component.
2. The system according to claim 1, wherein the beam shaping component receives: the first beam of light and the second beam of light at the same position at a surface of the beam shaping component; or the first beam of light and the second beam of light at a same position within the beam shaping component.
38. The system according to claim 1, further comprising a flow cell configured to propagate a sample in a flow stream, wherein the output beam of light is configured to irradiate a spatial width that is from 90% to 99.9% of the flow stream along a horizontal axis.
49. The system according to claim 38, wherein the system further comprises a plurality of lasers and the beam shaping component is configured to generate a plurality of output beams of light.
52. The system according to claim 1, wherein the beam shaping component consists of a single beam shaping lens.
1. A multi-laser apparatus comprising: a plurality of lasers that produce a plurality of beams of light; a beam shaping component that receives each of the plurality of beams of light at the same position at a surface of or within the beam shaping component from different angles of incidence and is configured to generate from the plurality of beams of light an output beam of light having a predetermined intensity profile along a horizontal axis, wherein the beam shaping component consists of a single beam shaping lens and wherein light from each laser is propagated directly to the beam shaping component; and a flow cell configured to propagate a sample in a flow stream, wherein the beam shaping component directs the output beam to the flow cell.
2. The apparatus according to claim 1, wherein two or more lasers of the plurality of lasers are each in optical communication with a mirror component that is configured to combine the two or more beams of light produced by the two or more lasers, wherein the mirror component comprises: a first mirror; and a second mirror positioned to propagate light from the first mirror to the beam shaping component.
Regarding claims 1, 2, 38, 49 and 52, there is no difference between these claims of the instant application and claims 1 and 2 of the reference patent. For example, “a first laser” and “a second laser” are equivalent to “a plurality of lasers”. In addition, claim 1 in combination with claim 2 of the reference patent states that the light from each of the lasers is propagated directly to the beam shaping component via the first mirror, and the instant application recites that the beams of light are propagated to the beam shaping component via a mirror component. Therefore, there is no subject matter that is patentably distinct between these claims.
2. The system according to claim 1, wherein the beam shaping component receives: the first beam of light and the second beam of light at the same position at a surface of the beam shaping component; or the first beam of light and the second beam of light at a same position within the beam shaping component.
5. The system according to claim 1, wherein the first laser and the second laser are each in optical communication with the mirror component and the mirror component is configured to combine the first beam of light and the second beam of light.
6. The system according to claim 1, wherein the mirror component comprises: a first mirror; and a second mirror positioned to propagate light from the first mirror to the beam shaping component.
10. The system according to claim 1, wherein the intensity at the center of the output beam of light is from 90% to 99.9% of the intensity at the edges of the output beam of light along the horizontal axis.
11. The system according to claim 1, wherein the beam shaping component is configured to generate an output beam of light having: a super Gaussian intensity profile along the horizontal axis; or a super Gaussian intensity profile along the horizontal axis.
24. The system according to claim 1, wherein the output beam of light comprises a Gaussian distribution along a vertical axis of the output laser beam.
27. The system according to claim 1, wherein the angle of incidence to the beam shaping component of the first beam of light is different from the angle of incidence to the beam shaping component of the second beam of light by 0.5 degrees or more.
38. The system according to claim 1, further comprising a flow cell configured to propagate a sample in a flow stream, wherein the output beam of light is configured to irradiate a spatial width that is from 90% to 99.9% of the flow stream along a horizontal axis.
49. The system according to claim 38, wherein the system further comprises a plurality of lasers and the beam shaping component is configured to generate a plurality of output beams of light.
50. The system according to claim 49, wherein the generated output beams of light are configured to irradiate different positions along the longitudinal axis of the flow stream.
2. The apparatus according to claim 1, wherein two or more lasers of the plurality of lasers are each in optical communication with a mirror component that is configured to combine the two or more beams of light produced by the two or more lasers, wherein the mirror component comprises: a first mirror; and a second mirror positioned to propagate light from the first mirror to the beam shaping component.
3. The apparatus according to claim 1, wherein the intensity at the center of the output beam of light is from 90% to 99.9% of the intensity at the edges of the output beam of light along the horizontal axis.
4. The apparatus according to claim 1, wherein the beam shaping component is configured to generate an output beam of light having: a top hat intensity profile along the horizontal axis; or a super Gaussian intensity profile along the horizontal axis.
5. The apparatus according to claim 1, wherein the output beam of light comprises a Gaussian distribution along a vertical axis of the output laser beam.
6. The apparatus according to claim 1, wherein the angle of incidence to the beam shaping component of each beam of light differs by 0.5 degrees or more.
7. The apparatus according to claim 1, wherein the output beam of light is configured to irradiate a spatial width that is from 90% to 99.9% of the flow stream along a horizontal axis.
8. The apparatus according to claim 7, wherein the beam shaping component is configured to generate a plurality of output beams of light, wherein the generated output beams of light are configured to irradiate different positions along the longitudinal axis of the flow stream.
Regarding claims 2, 5, 6, 10, 11, 24, 27, 38, 49 and 50, there is no subject matter that is patentably distinct between these claims and claims 2-8 of the reference patent.
53. A method comprising irradiating a sample in a flow stream with a first beam of light and a second beam of light through a beam shaping component that receives the first beam of light and the second beam of light at substantially the same position from different angles of incidence and is configured to generate from the first beam of light and the second beam of light an output beam of light having a predetermined intensity profile along a horizontal axis, wherein the first beam of light and the second beam of light are propagated to the beam shaping component via a mirror component.
54. The method according to claim 53, wherein the beam shaping component receives: the first beam of light and the second beam of light at the same position at a surface of the beam shaping component; or the first beam of light and the second beam of light at a same position within the beam shaping component.
11. A method comprising irradiating a sample in a flow stream with a plurality of beams of light produced by a plurality of lasers through a beam shaping lens that receives each of the plurality of beams of light at the same position at a surface of or within the beam shaping component from different angles of incidence and is configured to generate from the plurality of beams of light an output beam of light having a predetermined intensity profile along a horizontal axis, wherein light from each laser is propagated directly to the beam shaping component.
13. The method according to claim 12, wherein the mirror component comprises: a first mirror; and a second mirror positioned to propagate light from the first mirror to the beam shaping lens.
Regarding claims 53 and 54, there is no difference between claims 53 and 54 of the current application and claims 11 and 13 of the reference patent. For example, the term “beam shaping component” is an optical component that is inclusive of a lens, as is recited in claim 52 of the instant application. In addition, claim 11 in combination with claim 13 of the reference patent states that the light from each of the lasers is propagated directly to the beam shaping component via the first mirror, and the instant application recites that the beams of light are propagated to the beam shaping component via a mirror component. Therefore, there is no subject matter that is patentably distinct between these claims.
57. The method according to claim 53, wherein the first laser and the second laser are each in optical communication with the mirror component and the mirror component configured to combine the first beam of light and the second beam of light.
58. The method according to claim 57, wherein the mirror component comprises: a first mirror; and a second mirror positioned to propagate light from the first mirror to the beam shaping component.
63. The method according to claim 53, wherein the beam shaping component is configured to generate an output beam of light having; a top hat intensity profile along the horizontal axis; or a super Gaussian intensity profile along the horizontal axis.
70. The method according to claim 53, wherein the intensity at the center of the output beam of light is from 90% to 99.9% of the intensity at the edges of the output beam of light along the vertical axis.
81. The method according to claim 53, comprising irradiating the flow stream through the beam shaping component with a plurality of lasers, wherein the flow stream comprises a core stream and a laminating sheath stream and wherein an output beam of light is generated having an intensity profile that is substantially the same across from 90% to 99.9% of the core stream along a horizontal axis.
85. The method according to claim 81, wherein the method comprises: generating a first output laser beam having a top hat intensity profile along a horizontal axis; and generating a second output laser beam having a super Gaussian intensity profile along the horizontal axis.
12. The method according to claim 11, wherein two or more lasers of the plurality of lasers are each in optical communication with a mirror component that is configured to combine two or more beams of light produced by the two or more lasers.
13. The method according to claim 12, wherein the mirror component comprises: a first mirror; and a second mirror positioned to propagate light from the first mirror to the beam shaping lens.
14. The method according to claim 11, wherein the beam shaping lens is configured to generate an output beam of light having: a top hat intensity profile along the horizontal axis; or a super Gaussian intensity profile along the horizontal axis.
15. The method according to claim 11, wherein the intensity at the center of the output beam of light is from 90% to 99.9% of the intensity at the edges of the output beam of light along the vertical axis.
16. The method according to claim 11, wherein the flow stream comprises a core stream and a laminating sheath stream and wherein an output beam of light is generated having an intensity profile that is substantially the same across from 90% to 99.9% of the core stream along a horizontal axis.
17. The method according to claim 16, wherein the method comprises: generating a first output laser beam having a top hat intensity profile along a horizontal axis; and generating a second output laser beam having a super Gaussian intensity profile along the horizontal axis.
Regarding claims 57, 58, 63, 70, 81 and 85, there is no subject matter that is patentably distinct between these claims and claims 12-17 of the reference patent.
Claim Objections
Claim 1 is objected to because of the following informalities: the preamble recites “a system”. It is recommended that the preamble refers to the invention as a “multi-laser apparatus” or similar language presented in the specification to provide further context. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: the limitations recited in the alternative comprise identical language and are repetitive. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: the preamble recites “a method”. It is recommended that the preamble refers to the invention as “a method for irradiating a sample in a flow stream” or similar language presented in the specification to provide further context. Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, 6, 10, 11, 24, 27, 38, 49, 50, 53, 57, 58, 63, 70, 81 and 85 are rejected under 35 U.S.C. 103 as being unpatentable over Meng et al. (USPG Pub No. 2015/0077869), hereinafter “Meng”, in view of Ueda et al. (USPG Pub No. 2019/0353890), hereinafter “Ueda”.
Regarding claim 1, Meng discloses a system (see Figs. 1A, 3A) comprising: a first laser that produces a first beam of light (B1, B2) (Paragraph 26, Lines 1-4); a second laser that produces a second beam of light (B3, B4) (Paragraph 26, Lines 1-4); and a beam shaping component (10) that receives the first beam of light and the second beam of light (B1-B4) at substantially the same position from different angles of incidence and is configured to generate from the first beam of light and the second beam of light an output beam of light having a predetermined intensity profile along a horizontal axis (Figs. 1A, 3A, Paragraph 27, Lines 4-9 – the “converging fan of beams” intersect within the beam shaping optical train 10), wherein the first beam of light and the second beam of light (B1-B4) are propagated to the beam shaping component (10) via a component (P1-P4, Pw) (see Figs. 1A, 3A, 5A). Meng discloses the invention but does not specify a mirror component. Paragraphs 38-40 of Meng teach the use of prisms to reflect and direct the light beams to the beam shaping component. It is well known in the art that mirrors are a comparable alternative to prisms for providing reflective surfaces to direct beams of light. Ueda is presented to provide further evidence of this knowledge. In the same field of endeavor, Ueda discloses a mirror component (M, F) (see Fig. 7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system of Meng with a mirror component of Ueda for the purpose of reflecting light from a light source while transmitting light of other wavelengths to form a mixed light (Paragraph 103).
Regarding claim 10, Meng further discloses wherein the intensity at the center of the output beam of light is from 90% to 99.9% of the intensity at the edges of the output beam of light along the horizontal axis (see Figs. 2B, 4B, Paragraphs 31, 34). Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Regarding claim 11, Meng further discloses wherein the beam shaping component is configured to generate an output beam of light having: a super Gaussian intensity profile along the horizontal axis; or a super Gaussian intensity profile along the horizontal axis (see Figs. 2B, 4B, Paragraphs 31, 34).
Regarding claim 24, Meng further discloses wherein the output beam of light comprises a Gaussian distribution along a vertical axis of the output laser beam (see Figs. 2A, 4A, Paragraphs 31, 34).
Regarding claim 27, Meng discloses wherein the angle of incidence to the beam shaping component (10) of the first beam of light is different from the angle of incidence to the beam shaping component (10) of the second beam of light (see Figs. 1A, 3A, Paragraph 40). Meng and Ueda disclose the claimed invention but do not specify by 0.5 degrees or more. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system of Meng and Ueda with by 0.5 degrees or more for the purpose of achieving the desired spatial separation (Paragraph 40).
Regarding claim 38, Meng further discloses further comprising a flow cell (20) configured to propagate a sample in a flow stream, wherein the output beam of light is configured to irradiate a spatial width that is from 90% to 99.9% of the flow stream along a horizontal axis (see Figs. 1A-4B, Paragraphs 27, 30, 31, 34). Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Regarding claim 49, Meng further discloses wherein the system further comprises a plurality of lasers and the beam shaping component is configured to generate a plurality of output beams of light (see Figs. 1A, 3A, 5A).
Regarding claim 50, Meng further discloses wherein the generated output beams of light are configured to irradiate different positions along the longitudinal axis of the flow stream (see Figs. 1A, 3A).
Regarding claim 53, Meng discloses a method comprising irradiating a sample (28) in a flow stream with a first beam of light (B1, B2) and a second beam of light (B3, B4) through a beam shaping component (10) that receives the first beam of light and the second beam of light (B1-B4) at substantially the same position from different angles of incidence and is configured to generate from the first beam of light and the second beam of light (B1-B4) an output beam of light having a predetermined intensity profile along a horizontal axis (Figs. 1A, 3A, Paragraph 27, Lines 4-9 – the “converging fan of beams” intersect within the beam shaping optical train 10, Paragraph 30), wherein the first beam of light and the second beam of light (B1-B4) are propagated to the beam shaping component (10) via a component (P1-P4, Pw) (see Figs. 1A, 3A, 5A). Meng discloses the invention but does not specify a mirror component. Paragraphs 38-40 of Meng teach the use of prisms to reflect and direct the light beams to the beam shaping component. It is well known in the art that mirrors are a comparable alternative to prisms for providing reflective surfaces to direct beams of light. Ueda is presented to provide further evidence of this knowledge. In the same field of endeavor, Ueda discloses a mirror component (M, F) (see Fig. 7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Meng with a mirror component of Ueda for the purpose of reflecting light from a light source while transmitting light of other wavelengths to form a mixed light (Paragraph 103).
Regarding claims 5 and 57, Meng and Ueda teach the system set forth above for claim 1, Ueda further discloses wherein the first laser and the second laser are each in optical communication with the mirror component (M, F) and the mirror component is configured to combine the first beam of light and the second beam of light (see Fig. 7, Paragraph 103). It would have been obvious to one of ordinary skill to provide the system of Meng with the teachings of Ueda for at least the same reasons as those set forth above with respect to claim 1.
Regarding claims 6 and 58, Meng and Ueda teach the system set forth above for claim 1, Ueda further discloses wherein the mirror component comprises: a first mirror (M); and a second mirror (F) positioned to propagate light from the first mirror to the beam shaping component (L) (see Fig. 7, Paragraph 103). It would have been obvious to one of ordinary skill to provide the system of Meng with the teachings of Ueda for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 63, Meng further discloses wherein the beam shaping component is configured to generate an output beam of light having: a top hat intensity profile along the horizontal axis; or a super Gaussian intensity profile along the horizontal axis (see Figs. 2B, 4B, Paragraphs 31, 34).
Regarding claim 70, Meng further discloses wherein the intensity at the center of the output beam of light is from 90% to 99.9% of the intensity at the edges of the output beam of light along the vertical axis (see Figs. 2A, 4A).
Regarding claim 81, Meng further discloses comprising irradiating the flow stream through the beam shaping component with a plurality of lasers, wherein the flow stream comprises a core stream and a laminating sheath stream and wherein an output beam of light is generated having an intensity profile that is substantially the same across from 90% to 99.9% of the core stream along a horizontal axis (see Figs. 1A, 1B, 2B, 3A, 3B, 4B, Paragraphs 30, 31, 34).
Regarding claim 85, Meng further discloses wherein the method comprises: generating a first output laser beam (30) having a top hat intensity profile along a horizontal axis (Figs. 2B, 4B, Paragraph 27 – “a plurality of spaced-apart, elongated focal spots 30”); and generating a second output laser beam (30) having a super Gaussian intensity profile along the horizontal axis (see Figs. 2B, 4B, Paragraph 27 – “a plurality of spaced-apart, elongated focal spots 30”).
Claims 2, 52 and 54 are rejected under 35 U.S.C. 103 as being unpatentable over Meng (USPG Pub No. 2015/0077869) in view of Ueda (USPG Pub No. 2019/0353890) as applied to claim 1 above, and further in view of Cayer (USPG Pub No. 2010/0208356).
Regarding claim 52, Meng and Ueda disclose the claimed invention but do not specify wherein the beam shaping component consists of a single beam shaping lens. In the same field of endeavor, Cayer discloses wherein the beam shaping component consists of a single beam shaping lens (16, 1116) (see Fig. 11, Paragraph 23)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system of Meng and Ueda with wherein the beam shaping component consists of a single beam shaping lens of Cayer for the purpose of providing the desired spatial separation (Paragraphs 71-72).
Regarding claims 2 and 54, Meng and Ueda disclose the claimed invention but do not specify wherein the beam shaping component receives: the first beam of light and the second beam of light at the same position at a surface of the beam shaping component; or the first beam of light and the second beam of light at a same position within the beam shaping component. Paragraph 27, Figs. 1A and 3A, of Meng teach that the beams of light (B1-B4) are a converging fan of beams which intersect then proceed as a diverging fan, without specifying where the intersecting point is located. Although Meng does not specify where the beams converge or intersect, Meng does teach that the placement of the prisms affects the angles in which the beams impact the beam shaping component for the purpose of having the individual beams reach the flow-cell at the desired positions. It is also well known in the art that adjusting the placement of any of the optical elements along an optical axis would allow either shifting the exact point of convergence of the beams or shifting an optical element to the exact point of convergence of the beams. In the same field of endeavor, Cayer discloses wherein the beam shaping component receives: the first beam of light and the second beam of light at the same position at a surface of the beam shaping component; or the first beam of light and the second beam of light at a same position within the beam shaping component (see Fig. 11). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system and method of Meng and Ueda with wherein the beam shaping component receives: the first beam of light and the second beam of light at the same position at a surface of the beam shaping component; or the first beam of light and the second beam of light at a same position within the beam shaping component of Cayer for the purpose of providing the desired spatial separation (Paragraphs 71-72).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Meng (USPG Pub No. 2015/0077869) in view of Ueda (USPG Pub No. 2019/0353890) as applied to claim 1 above, and further in view of Brown et al. (USPG Pub No. 2007/0127123), hereinafter “Brown”.
Regarding claim 7, Meng and Ueda disclose the claimed invention but do not specify wherein the mirror component is configured to be moved to adjust the position of irradiation of the first beam of light or the second beam of light onto the beam shaping component. In the same field of endeavor, Brown discloses wherein the mirror component is configured to be moved to adjust the position of irradiation of the first beam of light or the second beam of light onto the beam shaping component (Paragraph 98). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system of Meng and Ueda with wherein the mirror component is configured to be moved to adjust the position of irradiation of the first beam of light or the second beam of light onto the beam shaping component of Brown for the purpose of directing the beam towards a desired angle (Paragraph 98). Furthermore, it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Regarding claim 8, Meng, Ueda and Brown teach the system set forth above for claim 7, Brown further discloses wherein one or more mirrors of the mirror component are configured to change angles with respect to the first laser, the second laser, or the beam shaping component (Paragraph 98). It would have been obvious to one of ordinary skill to provide the system of Meng and Ueda with the teachings of Brown for at least the same reasons as those set forth above with respect to claim 7.
Prior Art Citations
Li et al. (USPG Pub No. 2017/0315122) and Heanue et al. (USPG Pub No. 2014/0264097) are each being cited herein to show a system and method for irradiating a sample in a flow stream relevant to the claimed invention.
Conclusion
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 9/18/2026
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