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 .
Election/Restrictions
Applicant's election with traverse of Invention III, in the reply filed on 15 June 2026 is acknowledged. The traversal is on the grounds that the restriction is improper due to Inventions I and II-V and Inventions III and VI not being related as combination and subcombination respectfully (according to the Applicant). This is not found persuasive because:
The Applicant argues that, since independent claim 54 contains all subcombinations (i.e. A, B, and C), every following dependent claim requires elements A, B, and C, and therefore the inventions aren’t related as combination subcombination. However, the Examiner disagrees. In claim 54, each element (illumination device, imaging device, and movable platform device) is claimed broadly. The following dependent claims each separately go into detail regarding each subcombination (i.e. specific). A diagram will be provided below:
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“Since claims to both the subcombination and combination are presented, the omission of details of the claimed subcombination Bsp in the combination claim ABbr is evidence that the combination does not rely upon the specific limitations of the subcombination for its patentability. If subcombination Bsp has separate utility, the inventions are distinct and restriction is proper if reasons exist for insisting upon the restriction” (MPEP 806.05(c) II A). As stated in the previously present restriction requirement, the combination as claimed does not require the particulars of the subcombinations as claimed because, for example: the illumination device need not require a plurality of wavelengths, and different optical elements can be used such as optical fibers; the imaging device can have any number of cameras less than or greater than the four included in this subcombination; the camera assembly can again contain any number of cameras with any type/number of optical elements preceding them; and the automatic focusing device any number of adjustable parts, and need not include stages or platforms, but can instead use an mechanical element that can adjust positions. The subcombinations have separate utilities, each and every one of the subcombinations above can be used in any sensing apparatus such as range/distance sensing devices, position sensing devices, imagers, and many more (pages 1-2) and the combination as claimed does not require the particulars of the subcombination as claimed because the imaging device need not use an objective lens assembly, but can instead use any combination of focusing lens or prisms. The subcombination has separate utility such as microscopy, or even use in telescopes (page 2). These statements are proven by U.S. Patent Publication 20240303952 A1 (hereinafter Ashman). Ashman teaches an illumination device (12), an imaging device (30) and a movable platform device (14) as claimed in claim 54 with noticeably different optical components and layouts of said components, as well as use in microscope slide imaging as opposed to the claimed gene sequencing device.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 27 November 2024 and 24 April 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 64 is objected to because of the following informalities:
Claim 64: “the side” in line 13 should be “a side” for further clarity and continuity in the claim language.
Appropriate correction is required.
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 following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 60-61 and 64 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 60, “the first region” in line 5 and “the second region” in line 8 both lack proper antecedent basis and are therefore both unclear.
Claims 61 and 64 are rejected for their dependency on claim 60.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 54 and 59 are rejected under 35 U.S.C. 103 as being unpatentable over Trintchouk et al. (USPGPub 20220214278 A1) in view of Wang et al. (USPGPub 20240427129 A1).
Regarding claim 54, Trintchouk teaches an optomechanical system, comprising: an illumination device (201/202), configured for emitting an excitation light (203/204) to irradiate a sample of interest (220) so as to excite the sample of interest (220) to generate an emission light (205/206/207/208) (see figure 2, light sources 201 and 202; and ¶5, two light sources (e.g., two lasers) that illuminate a sample, a first optical system that directs one excitation beam from each light source onto a sample, a second optical system that directs fluorescent emissions from the sample to each sensor array); an imaging device (251/252/253/254), configured for acquiring the emission light (205/206/207/208) and forming an image (see figure 2, sensor arrays 251-254; and ¶5, an imaging system is provided. In non-limiting example embodiments, the imaging system includes a plurality of sensor arrays (e.g., two or four independent time delay integration [TDI] sensor arrays)); and a movable platform device, configured for driving the sample of interest (220) to translate relative to the imaging device, so as to enable the imaging device to consecutively acquire the emission light (205/206/207/208) (¶7, an imaging system including: a sample stage moving at a sample stage speed; and see ¶34 for further details). However, Trintchouk fails to explicitly teach wherein the movable platform device translates and rotates.
However, Wang teaches wherein the movable platform device (542) translates and rotates (¶77, The holder 542 is physically attached to a positioning system that provides a translation stage and a rotation stage).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Trintchouk to incorporate the teachings of Wang to further include both translational and rotational movements in order to inspect all portions of the sample under test.
Regarding claim 59, Trintchouk as modified by Wang teaches the optomechanical system according claim 54, wherein the imaging device comprises a lens assembly (Trintchouk 215/216/230 | Wang 418/432/433/435/436), a beamsplitter assembly (Trintchouk 240/241), and a plurality of camera assemblies (Trintchouk 251/252/253/254 | Wang 430) (Trintchouk, see figure 2, tube lenses 215 and 216 and objective lens 230, beamsplitter 241, and sensor arrays 251-254 (i.e. cameras)); the lens assembly (Trintchouk 215/216/230 | Wang 418/432/433/435/436) is configured for projecting the excitation light (Trintchouk 203/204 | Wang 405) to the sample of interest (Trintchouk 220 | Wang 441), acquiring the emission light (Trintchouk 205/206/207/208 | Wang 445) generated by the sample of interest (Trintchouk 220 | Wang 441), and projecting the emission light (Trintchouk 205/206/207/208 | Wang 445) to the beamsplitter assembly (Trintchouk 240/241) (Trintchouk, ¶68, Dichroic filter 240 directs excitation beam 203 and excitation beam 204 through objective lens 230 and onto sample 220. The interaction of the excitation beams with a plurality of fluorophores in the sample generates fluorescent emissions 205, 206, 207, and 208); the beamsplitter assembly (Trintchouk 240/241) is configured for receiving the emission light (Trintchouk 205/206/207/208 | Wang 445) acquired by the lens assembly (Trintchouk 215/216/230 | Wang 418/432/433/435/436), splitting the emission light (Trintchouk 205/206/207/208 | Wang 445), and projecting the emission light (Trintchouk 205/206/207/208 | Wang 445) into the plurality of camera assemblies (Trintchouk 251/252/253/254 | Wang 430) (Trintchouk, ¶68, Fluorescent emissions 205 and 207 are reflected by dichroic beamsplitter 241 through tube lens 215 and further through bandpass filter 245. Fluorescent emission 205 is transmitted towards sensor array 251 and fluorescent emission 207 is transmitted towards sensor array 253. Fluorescent emissions 206 and 208 are reflected by dichroic beamsplitter 241 through tube lens 216 and further through bandpass filter 246. Fluorescent emission 206 is transmitted towards sensor array 252 and fluorescent emission 208 is transmitted towards sensor array 254); the plurality of camera assemblies (Trintchouk 251/252/253/254 | Wang 430) are configured for acquiring the emission light (Trintchouk 205/206/207/208 | Wang 445) and forming the image (Trintchouk, ¶51, the method includes imaging the sample including four different fluorophores simultaneously. That is, collecting fluorescent emission information for four different fluorophores at the same time).
Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over Trintchouk et al. (USPGPub 20220214278 A1) in view of Wang et al. (USPGPub 20240427129 A1) as applied to claim 59 above, and further in view of Sandkuijl et al. (USPGPub 20260147200 A1).
Regarding claim 60, Trintchouk as modified by Wang teaches the optomechanical system according to claim 59, wherein the plurality of camera assemblies (Trintchouk 251/252/253/254 | Wang 430) comprises four camera assemblies, i.e., a first camera assembly, a second camera assembly, a third camera assembly, and a fourth camera assembly (Trintchouk, see figure 2, sensor arrays 251-254 (i.e. cameras); ¶25, In embodiments, the imaging system includes one camera. In embodiments, the imaging system includes two cameras. In embodiments, the imaging system includes three cameras. In embodiments, the imaging system includes four cameras; and see remainder of ¶25 for further details); the first camera assembly (Trintchouk 251) and the second camera assembly (Trintchouk 252) are configured for acquiring emission lights (Trintchouk 205/206) generated in the first region of the sample of interest (Trintchouk 220 | Wang 441) (Trintchouk, see figure 2, sensor array 251 receiving emission 205 and sensor array 252 receiving emission 206; ¶18, the first optical system is configured to direct the first excitation beam to a first region of the sample at a first incidence angle, and direct the second excitation beam to a second region of the sample at a second incidence angle; ¶68, This can allow the first excitation beam 203 to impinge onto a first location of the sample 220, and the second excitation beam 204 to impinge onto a second location of the sample 220. As a result, fluorescent emissions 205 and 206 (generated by the excitation beam 203) are spatially separate from emissions 207 and 208 (generated by the excitation beam 204); and ¶61, Each nucleotide (e.g., fluorescently labeled nucleotide), when excited by excitation light of a certain wavelength and/or intensity, may emit a certain wavelength of light and/or intensity into the image sensor, allowing identification of the presence of a particular nucleotide base at a particular position in the nucleic acid); the third camera assembly (Trintchouk 253) and the fourth camera assembly (Trintchouk 254) are configured for acquiring emission lights (Trintchouk 207/208) generated in the second region of the sample of interest (Trintchouk 220 | Wang 441) (Trintchouk, see figure 2, sensor array 253 receiving emission 207 and sensor array 254 receiving emission 208; ¶18, the first optical system is configured to direct the first excitation beam to a first region of the sample at a first incidence angle, and direct the second excitation beam to a second region of the sample at a second incidence angle; and ¶68, This can allow the first excitation beam 203 to impinge onto a first location of the sample 220, and the second excitation beam 204 to impinge onto a second location of the sample 220. As a result, fluorescent emissions 205 and 206 (generated by the excitation beam 203) are spatially separate from emissions 207 and 208 (generated by the excitation beam 204)). However, the combination fails to explicitly teach wherein each camera assembly is configured to acquire emission lights with different wavelengths.
However, Sandkuijl teaches wherein each camera assembly (430) is configured to acquire emission lights with different wavelengths (¶16, each photosensor positioned to receive a corresponding spatially separated detection channel wavelength band from the sample).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Trintchouk and Wang to incorporate the teachings of Sandkuijl to further include different wavelength detection channels in order to simplify multispectral data analysis (Sandkuijl, ¶21).
Allowable Subject Matter
Claims 61 and 64 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 61, the prior art of record individually or combined fails to teach the optomechanical system according to claims 60, 59, and 54 as claimed, wherein the beamsplitter assembly comprises a first dichroic mirror, a second dichroic mirror, a third dichroic mirror, a fourth dichroic mirror, and a fifth dichroic mirror; the first dichroic mirror and the second dichroic mirror are separately arranged on the optical axis of the lens assembly, and the first dichroic mirror is configured for reflecting the excitation light to the lens assembly to project the excitation light to the sample of interest through the lens assembly; the second dichroic mirror is configured for receiving the emission light transmitted by the first dichroic mirror and more specifically in combination with reflecting the emission light to the third dichroic mirror; the third dichroic mirror is configured for receiving the emission light reflected by the second dichroic mirror, splitting the emission light into a first light beam with mixed wavelengths and a second light beam with mixed wavelengths, reflecting the first light beam with mixed wavelengths to the fourth dichroic mirror, and transmitting the second light beam with mixed wavelengths to the fifth dichroic mirror; the first light beam with mixed wavelengths comprises a light beam with a first wavelength and a light beam with a second wavelength, and the second light beam with mixed wavelengths comprises a light beam with a third wavelength and a light beam with a fourth wavelength; the fourth dichroic mirror is configured for receiving the first light beam with mixed wavelengths, transmitting the light beam with the first wavelength of the first light beam with mixed wavelengths to the first camera assembly, and reflecting the light beam with the second wavelength of the first light beam with mixed wavelengths to the second camera assembly; the fifth dichroic mirror is configured for receiving the second light beam with mixed wavelengths, transmitting the light beam with the third wavelength of the second light beam with mixed wavelengths to the third camera assembly, and reflecting the light beam with the fourth wavelength of the second light beam with mixed wavelengths to the fourth camera assembly.
Claim 64 would be allowable for its dependency on claim 61.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sandkuijl et al. (USPGPub 20260147200 A1): Sandkuijl teaches a plurality of beamsplitters (i.e. dichroic mirrors) that direct different wavelengths of light towards respective detectors (see figure 4). However, Sandkuijl fails to teach a “third” beamsplitter receiving light reflected from the second beamsplitter and then splitting said reflected light to two additional (a fourth and a fifth) beamsplitters. Simply put, Sandkuijl does not have an additional beamsplitter located between beamsplitter 435E (i.e. second dichroic mirror) and beamsplitters 435F (i.e. fourth dichroic mirror) and 435G (i.e. fifth dichroic mirror).
Chen et al. (U.S. Patent No. 11053540 B1): Chen teaches an arrangement of a plurality of beamsplitters (i.e. dichroic mirrors) (see figure 18); however, Chen fails to teach the specific layout claimed in claim 61.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN R GARBER whose telephone number is (571)272-4663. The examiner can normally be reached M-F 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Y Epps can be reached at (571)272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN R GARBER/Examiner, Art Unit 2878
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