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
The information disclosure statement (IDS) submitted on 12/13/2024, 03/26/2025, 06/12/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 14-20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claims 14-20 is attempting to claim computer readable medium that potentially includes transitory signals. Transitory signals fall outside the four categories. Examiner’s Note - Addition of term “non-transitory” will help resolve the issue.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The term “approximately 25 micrometers” in claim 1 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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) 1-20 is/are rejected under 35 U.S.C. 102(a) as being unpatentable over Scheiner et al. (US Patent Number 2022/0050093-A1, hereinafter “Scheiner”).
Regarding claim 1, Scheiner teaches: An apparatus for detecting objects in a biological sample, the apparatus comprising: (Fig. 1)
a sample chamber having at least one depth dimension configured to allow an object of interest to move in the sample chamber, ([0126], "As shown in FIG. 4A, the optical probe 1021 is formed with two parts including a first part 1021X including a downward facing imaging unit 1021B1 and a second part 1021Y including an upward facing imaging unit 1021B2, where the focal areas of the imaging elements essentially overlap, enabling imaging of both sides of a plant leaf 10L without turning the plant leaf or without the need to access the topside and the underside of the leaf sequentially."; Examiners Note - Prior art creates chamber by having upward and downward facing component)
the sample chamber configured to contain a biological sample, the object of interest having a size of at least 100 micrometers; ([0126], "As shown in FIG. 4A, the optical probe 1021 is formed with two parts including a first part 1021X including a downward facing imaging unit 1021B1 and a second part 1021Y including an upward facing imaging unit 1021B2, where the focal areas of the imaging elements essentially overlap, enabling imaging of both sides of a plant leaf 10L without turning the plant leaf or without the need to access the topside and the underside of the leaf sequentially."; [0057], "For example, the optical resolution is in the range of one micron to one hundred microns. For example, the field of view can be in the range of multiple millimeters to multiple centimeters.")
an imaging device configured to capture images of the sample chamber, ([0126], "As shown in FIG. 4A, the optical probe 1021 is formed with two parts including a first part 1021X including a downward facing imaging unit 1021B1 and a second part 1021Y including an upward facing imaging unit 1021B2, where the focal areas of the imaging elements essentially overlap, enabling imaging of both sides of a plant leaf 10L without turning the plant leaf or without the need to access the topside and the underside of the leaf sequentially.")
the imaging device comprising a single objective lens ([0086], "When the imaging unit is placed off-axis with respect to the optical window, as in FIGS. 2A and 2B, the optical probe further includes at least one light directing/reflecting element 102G, such as a mirror, that directs the light along the imaging channel. Also, as illustrated in the figures, the optical probe may include a light focusing element 102H, such as a lens, placed before the imaging unit, in particular between the at least one directing element 102G and the imaging unit 102B. ")
and having a resolving power of approximately 25 micrometers or larger than 25 micrometers; ([0057], "For example, the optical resolution is in the range of one micron to one hundred microns. For example, the field of view can be in the range of multiple millimeters to multiple centimeters.")
at least one processor; and at least one memory storing instructions which, when executed by the at least one processor, cause the apparatus at least to perform, without human intervention: ([0056], "The control unit 104 is configured and operable to be responsive to the distance sensing data DSD, via the communication means 106, to synchronize operation of the flash illuminator unit 102A and the imaging unit 102B to successfully perform the imaging sessions by the optical probe 102. The control unit 104 is a computer-based system and as such is configured with an input utility 104A and output utility 104B for receiving and sending data. Also, the control unit 104 includes a data processing and analyzing utility 104C that continuously analyzes the instantaneously received distance sensing data DSD and generates corresponding one or more signals to controllably activate the flash illuminator unit 102A and the imaging unit 102B."; [0098], "The target locations to be inspected may be provided by an external information source 302 and/or may be chosen autonomously by the inspection system and/or may be predetermined based on previous inspection history, and/or may be predetermined based on a path designed to provide effective statistical sampling of the area.")
accessing at least one image, captured by the imaging device, of at least a portion of the sample chamber while the sample chamber contains the biological sample; ([0126], "As shown in FIG. 4A, the optical probe 1021 is formed with two parts including a first part 1021X including a downward facing imaging unit 1021B1 and a second part 1021Y including an upward facing imaging unit 1021B2, where the focal areas of the imaging elements essentially overlap, enabling imaging of both sides of a plant leaf 10L without turning the plant leaf or without the need to access the topside and the underside of the leaf sequentially."; [0057], "For example, the optical resolution is in the range of one micron to one hundred microns. For example, the field of view can be in the range of multiple millimeters to multiple centimeters.")
processing the at least one image of at least the portion of the sample chamber to provide an indication of one of: an object of interest in the sample chamber, no object of interest in the sample chamber, or a location in the sample chamber of a potential object of interest; and providing an output based on the indication.([0057], "The imaging unit 102B defines one or more imaging channels each configured to provide high-resolution imaging. In this example, one imaging channel ICH is illustrated. The high-resolution imaging channel(s) capture(s) images of parts of plants, mainly flowers, leaves, fruit and branches, with the aim of detecting small elements such as pests, diseases and beneficial insects. ")
Regarding claim 2, Scheiner teaches: The apparatus of claim 1, wherein: the imaging device comprises a field of view corresponding to the resolving power, a cross-sectional area of the sample chamber is equivalent to a plurality of the field of view, and the imaging device is capable of capturing images across an entirety of the cross-sectional area of the sample chamber within a predetermined time duration of less than ten minutes. ([0129], "The leaf imaging optical probe may take a series of images as the leaf slides into the chute, thus enabling covering a larger area of the leaf. The leaf imaging optical probe may include a cutter 1021T (shown for convenience in FIG. 4B, but applicable in FIG. 4A as well) for cutting off the leaf from its branch, enabling performing of the imaging of the leaf while the leaf imaging optical probe is in motion to the next target to be inspected. The cutting may be based on mechanical means (e.g. pulling the gripped leaf or cutting by a straight or v-shaped blade), electrical means (e.g. burning by arc) or optical means (e.g. burning by laser). The leaf may be expelled from the chute upon completion of the imaging. This enables increasing the time utilization efficiency of the system by utilizing travel time between targets for performing imaging and measurement operations.")
Regarding claim 3, Scheiner teaches: The apparatus of claim 1, wherein the at least one image comprises a plurality of images captured over time, wherein in the processing the at least one image, the instructions, when executed by the at least one processor, cause the apparatus at least to perform: detecting an object in motion across the plurality of images captured over time; and providing, based on the objection in motion, the indication of the object of interest in the sample chamber. ([0066], "Multiple exposures may be performed at a frequency that can be adjusted to match the movement velocity of the optical probe and the size of the target. Pests or other elements of interest within the images can be captured in multiple images, thereby providing multi-angle data and enabling formation of a three-dimensional model of the object of interest. This can potentially aid in recognition and classification of the object of interest. The data from multiple images may be combined to form a two-dimensional image or three-dimensional model of the target.")
Regarding claim 4, Scheiner teaches: The apparatus of claim 1, further comprising a higher magnification imaging device configured to capture an image of a portion of the sample chamber at a higher magnification than the imaging device. ([0061], "Additionally or alternatively, the imaging unit 102B may define at least one imaging channel that is configured with an adaptive/variable focus, within the focal range of the imaging unit, for imaging along the at least one imaging channel, the distance sensing data DSD in this case may be indicative of the distance between each of the at least one focus-variable imaging channel and the target to be imaged.")
Regarding claim 5, Scheiner teaches: The apparatus of claim 4, wherein the instructions, when executed by the at least one processor, further cause the apparatus at least to perform: capturing, by the higher magnification imaging device, based on the indication of the location in the sample chamber of the potential object of interest, at least one higher magnification image of the location in the sample chamber; and processing the at least one higher magnification image of the location in the sample chamber to perform object detection to indicate one of: ([0061], "Additionally or alternatively, the imaging unit 102B may define at least one imaging channel that is configured with an adaptive/variable focus, within the focal range of the imaging unit, for imaging along the at least one imaging channel, the distance sensing data DSD in this case may be indicative of the distance between each of the at least one focus-variable imaging channel and the target to be imaged.")
presence of the object of interest at the location in the sample chamber, or absence of the object of interest at the location in the sample chamber. ([0078], "Multiple images from multiple directions may be used to produce a continuous image of the circumference of a semi-cylindrical target such as a leaf's vein in order to detect and recognize pests that hide in recesses along the veins.")
Regarding claim 6, Scheiner teaches: The apparatus of claim 4, wherein a central axis of the imaging device is offset from a central axis of the higher magnification imaging device. (Fig. 4A-4B; [0126], "Reference is made to FIGS. 4A-4B illustrating non-limiting examples of high-resolution optical probes for facilitating and expediting capturing images of plant parts, specifically leaves, in accordance with the present invention. As shown in FIG. 4A, the optical probe 1021 is formed with two parts including a first part 1021X including a downward facing imaging unit 1021B1 and a second part 1021Y including an upward facing imaging unit 1021B2, where the focal areas of the imaging elements essentially overlap, enabling imaging of both sides of a plant leaf 10L without turning the plant leaf or without the need to access the topside and the underside of the leaf sequentially. The leaf imaging optical probe may include a sensing unit 1021C that includes one or more distance sensing elements for detecting distance between the corresponding sides of the leaf and the imaging units. ")
Regarding claim 7, Scheiner teaches: The apparatus of claim 4, wherein the imaging device is positioned on a first side of the sample chamber and the higher magnification imaging device is positioned on a second side of the sample chamber, wherein the first side and the second side are opposite sides of the sample chamber. (Fig. 4A-4B; [0126], "Reference is made to FIGS. 4A-4B illustrating non-limiting examples of high-resolution optical probes for facilitating and expediting capturing images of plant parts, specifically leaves, in accordance with the present invention. As shown in FIG. 4A, the optical probe 1021 is formed with two parts including a first part 1021X including a downward facing imaging unit 1021B1 and a second part 1021Y including an upward facing imaging unit 1021B2, where the focal areas of the imaging elements essentially overlap, enabling imaging of both sides of a plant leaf 10L without turning the plant leaf or without the need to access the topside and the underside of the leaf sequentially. The leaf imaging optical probe may include a sensing unit 1021C that includes one or more distance sensing elements for detecting distance between the corresponding sides of the leaf and the imaging units. ")
Regarding claim 8, claim 8 has been analyzed with regard to claim 1 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A method ([0006], “The present invention provides novel systems and methods for use in target inspection applications, which is particularly useful for management of crops, for example in greenhouses or open fields (herein, plant growth/growing areas).”)
Regarding claim 9, claim 9 has been analyzed with regard to claim 2 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A method ([0006], “The present invention provides novel systems and methods for use in target inspection applications, which is particularly useful for management of crops, for example in greenhouses or open fields (herein, plant growth/growing areas).”)
Regarding claim 10, claim 10 has been analyzed with regard to claim 3 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A method ([0006], “The present invention provides novel systems and methods for use in target inspection applications, which is particularly useful for management of crops, for example in greenhouses or open fields (herein, plant growth/growing areas).”)
Regarding claim 11, claim 11 has been analyzed with regard to claim 5 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A method ([0006], “The present invention provides novel systems and methods for use in target inspection applications, which is particularly useful for management of crops, for example in greenhouses or open fields (herein, plant growth/growing areas).”)
Regarding claim 12, claim 12 has been analyzed with regard to claim 6 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A method ([0006], “The present invention provides novel systems and methods for use in target inspection applications, which is particularly useful for management of crops, for example in greenhouses or open fields (herein, plant growth/growing areas).”)
Regarding claim 13, claim 13 has been analyzed with regard to claim 7 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A method ([0006], “The present invention provides novel systems and methods for use in target inspection applications, which is particularly useful for management of crops, for example in greenhouses or open fields (herein, plant growth/growing areas).”)
Regarding claim 14, claim 14 has been analyzed with regard to claim 1 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A processor-readable medium storing instructions which, when executed by at least one processor of an apparatus, causes the apparatus at least to perform, without human intervention: ([0098], "The target locations to be inspected may be provided by an external information source 302 and/or may be chosen autonomously by the inspection system and/or may be predetermined based on previous inspection history, and/or may be predetermined based on a path designed to provide effective statistical sampling of the area.")
Regarding claim 15, claim 15 has been analyzed with regard to claim 2 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A processor-readable medium storing instructions which, when executed by at least one processor of an apparatus, causes the apparatus at least to perform, without human intervention: ([0098], "The target locations to be inspected may be provided by an external information source 302 and/or may be chosen autonomously by the inspection system and/or may be predetermined based on previous inspection history, and/or may be predetermined based on a path designed to provide effective statistical sampling of the area.")
Regarding claim 16, claim 16 has been analyzed with regard to claim 3 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A processor-readable medium storing instructions which, when executed by at least one processor of an apparatus, causes the apparatus at least to perform, without human intervention: ([0098], "The target locations to be inspected may be provided by an external information source 302 and/or may be chosen autonomously by the inspection system and/or may be predetermined based on previous inspection history, and/or may be predetermined based on a path designed to provide effective statistical sampling of the area.")
Regarding claim 17, claim 17 has been analyzed with regard to claim 4 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A processor-readable medium storing instructions which, when executed by at least one processor of an apparatus, causes the apparatus at least to perform, without human intervention: ([0098], "The target locations to be inspected may be provided by an external information source 302 and/or may be chosen autonomously by the inspection system and/or may be predetermined based on previous inspection history, and/or may be predetermined based on a path designed to provide effective statistical sampling of the area.")
Regarding claim 18, claim 18 has been analyzed with regard to claim 5 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A processor-readable medium storing instructions which, when executed by at least one processor of an apparatus, causes the apparatus at least to perform, without human intervention: ([0098], "The target locations to be inspected may be provided by an external information source 302 and/or may be chosen autonomously by the inspection system and/or may be predetermined based on previous inspection history, and/or may be predetermined based on a path designed to provide effective statistical sampling of the area.")
Regarding claim 19, claim 19 has been analyzed with regard to claim 6 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A processor-readable medium storing instructions which, when executed by at least one processor of an apparatus, causes the apparatus at least to perform, without human intervention: ([0098], "The target locations to be inspected may be provided by an external information source 302 and/or may be chosen autonomously by the inspection system and/or may be predetermined based on previous inspection history, and/or may be predetermined based on a path designed to provide effective statistical sampling of the area.")
Regarding claim 20, claim 20 has been analyzed with regard to claim 7 and is rejected for the same reasons of obviousness as used above as well as in accordance with Scheiner further teaching on: A processor-readable medium storing instructions which, when executed by at least one processor of an apparatus, causes the apparatus at least to perform, without human intervention: ([0098], "The target locations to be inspected may be provided by an external information source 302 and/or may be chosen autonomously by the inspection system and/or may be predetermined based on previous inspection history, and/or may be predetermined based on a path designed to provide effective statistical sampling of the area.")
Conclusion
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/JINSU HWANG/Examiner, Art Unit 2667
/MATTHEW C BELLA/Supervisory Patent Examiner, Art Unit 2667
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