-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 Objections
Claims 5, 11 and 17 are objected to because of the following informalities:
Claim 5 line 5: “a target section” should be corrected to say –the target section—because antecedent basis is set forth in line 3.
Claim 11 lines 2-3: “the first probe and pump beams and applying the second probe and pump beams” should be corrected to say – the first probe beam and the first pump beam, and applying the second probe beam and the second pump beam--.
Claim 17 lines 1-2: “the first probe and pump beams and applying the second probe and pump beams” should be corrected to say – the first probe beam and the first pump beam, and applying the second probe beam and the second pump beam--.
Appropriate correction is required.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4-8 and 12 rejected under 35 U.S.C. 103 as being unpatentable over Audoin et al. (US20190242820A1), hereinafter Audoin, in view of Vogler et al. (US20160220110A1), hereinafter Vogler.
As to claims 1 and 5, Audoin teaches a Brillouin microscopy system and a method for measuring mechanical property information of a medium (Audoin [0001]-[0002]; “Brillouin scattering measurement system and method for the non-destructive analysis of a sample. More precisely, it relates to a measurement of the optoacoustic type induced and detected by a light beam” for “measuring mechanical properties of a sample at the microscopic or nanoscopic scale”), the system comprising:
a probe optical source configured to apply a probe beam to a target section of the medium; a pump optical source configured to apply a pump beam to a target section of the medium (Audoin fig. 2; [0071]-[0072]; “In this first embodiment, a single and same source of ultra-short laser pulses is used to form the pump beam 14 and the probe beam 15. As described in detail hereinafter, the pump beam 14 generates a periodic spatial grating of coherent acoustic phonons in the sample. The probe beam 15 allows generating a back-scattered beam by Brillouin interaction of the probe beam 15 on this periodic grating of coherent acoustic phonons… The support is arranged so that the incident radiation is preferably in normal incidence on the sample 2 and/or on the interface 3 between the sample 2 and the optoacoustic transducer 1”. Thus, the pump beam 14 and the probe beam 15 are applied to a section of the sample 2),
wherein the pump beam interacts with the probe beam to generate at least one acoustic wave in the medium and at least one Brillouin signal is produced as a result of the generated acoustic wave (Audoin fig. 2; [0071]; “As described in detail hereinafter, the pump beam 14 generates a periodic spatial grating of coherent acoustic phonons in the sample. The probe beam 15 allows generating a back-scattered beam by Brillouin interaction of the probe beam 15 on this periodic grating of coherent acoustic phonons”, Thus, the pump beam 14 interacts with the probe beam 15 to generate at least one acoustic wave in the sample 2 and at least one Brillouin signal is produced as a result);
a sensor configured to receive the produced Brillouin signal (Audoin [0075]; “The detection system 6 detects the reflection and scattering light beam 120 and forms an electronic signal 160… The unit 7 allows processing the detected reflection and scattering signal as a function of the repetition frequency F of the pulses of the pump beam 14 to extract therefrom a Brillouin scattering signal measurement”);
and a processor configured to determine information associated with the mechanical property of the target section using the Brillouin signal ([0072]; [0075]; fig. 2; Signal processing unit 7 “allows processing the detected reflection and scattering signal as a function of the repetition frequency F of the pulses of the pump beam 14 to extract therefrom a Brillouin scattering signal measurement”).
However, Audoin does not explicitly disclose wherein the mechanical property is shear modulus.
Vogler, in the same field of endeavor as the claimed invention, teaches wherein the mechanical property is shear modulus (Vogler claim 1; “detecting, using a Brillouin scattering detector, a first signal beam comprising first photons backscattered by the first sample beam from the focus position”; [0008]; “By spectroscopically analyzing a Brillouin scattered light beam from eye tissue, certain biomechanical properties of the eye tissue may be determined”; [0034]; [0039]; A biomechanical property can be determined such as the shear modulus G).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin to incorporate the teachings of Vogler to include wherein the mechanical property is shear modulus; for the advantage of application in biomedicine to detect disease (Vogler [0033]).
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Audoin Fig. 2
As to claim 2, Audoin teaches the method of claim 1, wherein a single laser is used as an initial light source for both the probe beam and pump beam (Audoin fig. 2; [0071]; “In this first embodiment, a single and same source of ultra-short laser pulses is used to form the pump beam 14 and the probe beam 15”).
As to claim 4, Audoin teaches the method of claim 1 wherein the polarization state of the probe beam is orthogonal to the polarization state of the pump beam when applied to the target section (Audoin [0074]; fig. 2; “At the exit of the light source device 4, the laser pulses are for example linearly polarized. The half-wave plate 9 is preferably arranged at 45 degrees, on the one hand, from the linear polarization axis of the source pulses and, on the other hand, from the axes of the polarization splitting cube 8… Consequently, at the polarization splitting cube 8, the reflection and/or scattering light beam 120 is polarized perpendicularly with respect to the pump beam 14 and to the probe beam 15. Hence, the polarization splitting cube 8 allows separating the reflection and scattering light beam 120 to direct it towards the detection system 6”. Thus, the detection system 6 employs orthogonal polarization states in the optical path. Further, the use of orthogonal polarization between pump and probe beams is a standard, predictable optical design choice to improve beam separation, reduce interference, and facilitate detection. A skilled artisan would have found it obvious to use orthogonal polarization in the combined pump-probe Brillouin system of Audoin).
As to claim 6, Audoin teaches the system of claim 5, wherein the probe optical source comprises at least one acousto-optic frequency shifter configured to modify the frequency of the probe beam light (Audoin fig. 2 and fig. 3; [0079]; [0081]; the frequency light pulse generation system includes the phase modulators 41, 42, 43 which introduce phase-shifts PHI1, PHI2, PHI3, respectively, which modifies the frequency of the generated beam, i.e. the probe beam 15 from fig. 2).
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Audoin Fig. 3
As to claim 7, Audoin teaches the system of claim 5, wherein sensor is configured to measure a transmitted form of the probe beam after it has been transmitted through the target section, wherein the Brillouin signal is contained within the transmitted probe beam (Audoin fig. 2; [0071]; The probe beam 15 allows generating a back-scattered beam by Brillouin interaction of the probe beam 15 on this periodic grating of coherent acoustic phonons”. [0075]; “The detection system 6 detects the reflection and scattering light beam 120 and forms an electronic signal 160”. Thus, the detection system 6 measures a transmitted form of the probe beam 15 after it has been transmitted through the sample 2, wherein the Brillouin signal is contained within the transmitted form of the probe beam 15).
As to claims 8 and 12, Audoin teaches the method of claim 1 and the system of claim 5.
However, Audoin does not explicitly disclose wherein the processor is further configured to determine information associated with a longitudinal modulus in addition to the shear modulus of the target section.
Vogler, in the same field of endeavor as the claimed invention, teaches wherein the processor is further configured to determine information associated with a longitudinal modulus in addition to the shear modulus of the target section (Vogler claim 1; “detecting, using a Brillouin scattering detector, a first signal beam comprising first photons backscattered by the first sample beam from the focus position”; [0008]; “By spectroscopically analyzing a Brillouin scattered light beam from eye tissue, certain biomechanical properties of the eye tissue may be determined”; [0036]; A biomechanical property can be determined such as the longitudinal modulus M).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin to incorporate the teachings of Vogler to include wherein the processor is further configured to determine information associated with a longitudinal modulus in addition to the shear modulus of the target section; for the advantage of application in biomedicine to detect disease (Vogler [0033]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Audoin in view of Vogler, further in view of Frampton et al. (US20060104582A1), hereinafter Frampton.
As to claim 3, Audoin teaches the method of claim 1.
However, Audoin in view of Vogler does not explicitly disclose wherein the pump beam is formed of light modulated with a square waveform.
Frampton, in the same field of endeavor as the claimed invention, teaches wherein the pump beam is formed of light modulated with a square waveform (Frampton [0228]; “The pump source (P)… operated in pulsed mode to provide 20 ns square pulse”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin in view of Vogler to incorporate the teachings of Frampton to include wherein the pump beam is formed of light modulated with a square waveform; for the advantage of increased stability via high, constant intensity (Frampton [0223]).
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Audoin in view of Vogler, further in view of Audoin and Liu (WO2020240131A1), hereinafter Liu.
As to claim 13, Audoin teaches the method of claim 12, wherein applying the probe beam and the pump beam to the target section comprises:
applying a first probe beam and a pulsed first pump beam to the target section of the medium (Audoin fig. 2; [0071]-[0072]; “In this first embodiment, a single and same source of ultra-short laser pulses is used to form the pump beam 14 and the probe beam 15. As described in detail hereinafter, the pump beam 14 generates a periodic spatial grating of coherent acoustic phonons in the sample. The probe beam 15 allows generating a back-scattered beam by Brillouin interaction of the probe beam 15 on this periodic grating of coherent acoustic phonons… The support is arranged so that the incident radiation is preferably in normal incidence on the sample 2 and/or on the interface 3 between the sample 2 and the optoacoustic transducer 1”. Thus, the pump beam 14 and the probe beam 15 are applied to a section of the sample 2),
wherein the first pump beam interacts with the first probe beam to generate at least one first acoustic wave in the medium and at least one first Brillouin signal is produced as a result of the generated acoustic wave (Audoin fig. 2; [0071]; “As described in detail hereinafter, the pump beam 14 generates a periodic spatial grating of coherent acoustic phonons in the sample. The probe beam 15 allows generating a back-scattered beam by Brillouin interaction of the probe beam 15 on this periodic grating of coherent acoustic phonons”, Thus, the pump beam 14 interacts with the probe beam 15 to generate at least one acoustic wave in the sample 2 and at least one Brillouin signal is produced as a result).
However, Audoin in view of Vogler does not explicitly disclose applying a second probe beam and a second pump beam to the target section of the medium, wherein the second pump beam interacts with the second probe beam to generate at least one second acoustic wave in the medium and at least one second Brillouin signal is produced as a result of the generated acoustic wave.
Liu, in the same field of endeavor as the claimed invention, teaches applying a second probe beam (Liu claim 1; “a second laser source (102) configured to generate a main probe beam (202)… a beam splitter (103) configured to divide said probe beam into a first probe beam (203) and into a second probe beam (204)”, wherein the first and second probe beams 203, 204 are sent to facilitate analyzing the sample 5) and a second pump beam to the target section of the medium (Liu [0035]; fig. 3; “A first source 101 of ultrashort laser pulses generates a pump laser beam 201 consisting of a series of pump pulses at frequency F… the pump laser pulse train has a duration equal to 400 fs at a wavelength of 1030 nm”. Thus, the pump optical source applies at least a second pump beam to the sample 5),
wherein the second pump beam interacts with the second probe beam to generate at least one second acoustic wave in the medium and at least one second Brillouin signal is produced as a result of the generated acoustic wave (Liu claim 1; “said pump beam being configured to generate acoustic waves in the transducer means (4) propagating from the first interface to the second interface, a portion of the acoustic waves being reflected at the second interface and a portion of the acoustic waves being transmitted in the sample… said second probe beam (204) being configured so as to detect in real time the Brillouin oscillations linked to the Brillouin interaction between said second probe beam (204) and a portion of the acoustic waves propagating in the sample”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin in view of Vogler to incorporate the teachings of Liu to include applying a second probe beam and a second pump beam to the target section of the medium, wherein the second pump beam interacts with the second probe beam to generate at least one second acoustic wave in the medium and at least one second Brillouin signal is produced as a result of the generated acoustic wave; for the advantage of allowing visualization of the geometry and the location of the beams with submicron precision, for studying the mechanical properties of a biological cell while preserving the integrity of the cell (Liu [0003]; [0045]).
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Liu Fig. 3
As to claim 14, Audoin teaches the method of claim 13, wherein determining the information associated with the shear modulus of the target section further includes determining, using a processor and the Brillouin signal ([0072]; [0075]; fig. 2; Signal processing unit 7 “allows processing the detected reflection and scattering signal as a function of the repetition frequency F of the pulses of the pump beam 14 to extract therefrom a Brillouin scattering signal measurement”).
However, Audoin does not explicitly disclose wherein receiving the produced Brillouin signal further comprises receiving the produced first and second Brillouin signals; and information associated with both the longitudinal modulus and the shear modulus of the target section; and information associated with both the longitudinal modulus and the shear modulus of the target section.
Vogler, in the same field of endeavor as the claimed invention, teaches information associated with both the longitudinal modulus and the shear modulus of the target section (Vogler claim 1; “detecting, using a Brillouin scattering detector, a first signal beam comprising first photons backscattered by the first sample beam from the focus position”; [0008]; “By spectroscopically analyzing a Brillouin scattered light beam from eye tissue, certain biomechanical properties of the eye tissue may be determined”; [0034]; [0039]; A biomechanical property can be determined such as the shear modulus G; [0036]; A biomechanical property can be determined such as the longitudinal modulus M).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin to incorporate the teachings of Vogler to include information associated with both the longitudinal modulus and the shear modulus of the target section; for the advantage of application in biomedicine to detect disease (Vogler [0033]).
Still lacking the limitations such as wherein receiving the produced Brillouin signal further comprises receiving the produced first and second Brillouin signals.
Liu, in the same field of endeavor as the claimed invention, teaches wherein receiving the produced Brillouin signal further comprises receiving the produced first and second Brillouin signals (Liu [0035]; “In the present document is meant by train of laser pulses, or, in an equivalent manner, series of laser pulses, a time series of laser pulses, in which each pulse is emitted at a time separated in time from 1 / F of the next and / or previous pulse, where F represents the repetition frequency of the pulse train”. Thus, there are inherently first and second Brillouin signals because of the train of laser pulses, pump and probe).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin in view of Vogler to incorporate the teachings of Liu to include receiving the produced Brillouin signal further comprises receiving the produced first and second Brillouin signals; for the advantage of allowing visualization of the geometry and the location of the beams with submicron precision, for studying the mechanical properties of a biological cell while preserving the integrity of the cell (Liu [0003]; [0045]).
As to claim 15, Audoin teaches the method of claim 14.
However, Audoin does not explicitly disclose wherein the first Brillouin signal is used when determining the information associated with the longitudinal modulus of the target section.
Vogler, in the same field of endeavor as the claimed invention, teaches wherein the first Brillouin signal is used when determining the information associated with the longitudinal modulus of the target section (Vogler claim 1; “detecting, using a Brillouin scattering detector, a first signal beam comprising first photons backscattered by the first sample beam from the focus position”; [0008]; “By spectroscopically analyzing a Brillouin scattered light beam from eye tissue, certain biomechanical properties of the eye tissue may be determined”; [0036]; A biomechanical property can be determined such as the longitudinal modulus M).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin to incorporate the teachings of Vogler to include wherein the first Brillouin signal is used when determining the information associated with the longitudinal modulus of the target section; for the advantage of application in biomedicine to detect disease (Vogler [0033]).
As to claim 16, Audoin teaches the method of claim 13.
However, Audoin in view of Vogler does not explicitly disclose wherein the first probe beam and first pump beam are not applied to a target section of the medium at the same time that the second probe beam and second pump are applied to the target section of the medium.
Liu, in the same field of endeavor as the claimed invention, teaches wherein the first probe beam and first pump beam are not applied to a target section of the medium at the same time that the second probe beam and second pump are applied to the target section of the medium (Liu [0035]; “In the present document is meant by train of laser pulses, or, in an equivalent manner, series of laser pulses, a time series of laser pulses, in which each pulse is emitted at a time separated in time from 1 / F of the next and / or previous pulse, where F represents the repetition frequency of the pulse train”. Thus, the first probe and pump beams are applied to the sample at a different time from the second probe and pump beams).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin in view of Vogler to incorporate the teachings of Liu to include wherein the first probe beam and first pump beam are not applied to a target section of the medium at the same time that the second probe beam and second pump are applied to the target section of the medium; for the advantage of allowing visualization of the geometry and the location of the beams with submicron precision, for studying the mechanical properties of a biological cell while preserving the integrity of the cell (Liu [0003]; [0045]).
As to claim 17, Audoin teaches the method of claim 13.
However, Audoin in view of Vogler does not explicitly disclose switching between applying the first probe and pump beams and applying the second probe and pump beams to the target section.
Liu, in the same field of endeavor as the claimed invention, teaches switching between applying the first probe and pump beams and applying the second probe and pump beams to the target section (Liu [0035]; “In the present document is meant by train of laser pulses, or, in an equivalent manner, series of laser pulses, a time series of laser pulses, in which each pulse is emitted at a time separated in time from 1 / F of the next and / or previous pulse, where F represents the repetition frequency of the pulse train”. Thus, there are inherently first and second Brillouin signals because of the train of laser pulses, pump and probe. Therefore, the first probe and pump beams and the second probe and pump beams are switched at least once).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Audoin in view of Vogler to incorporate the teachings of Liu to include switching between applying the first probe and pump beams and applying the second probe and pump beams to the target section; for the advantage of allowing visualization of the geometry and the location of the beams with submicron precision, for studying the mechanical properties of a biological cell while preserving the integrity of the cell (Liu [0003]; [0045]).
Allowable Subject Matter
Claims 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claim 9, Audoin teaches the system of claim 8, wherein the probe optical source includes:
a first probe optical source configured to apply a first probe beam to a target section of the medium wherein the pump optical source includes: a first pump optical source configured to apply a pulsed first pump beam to the target section of the medium (Audoin fig. 2; [0071]-[0072]; “In this first embodiment, a single and same source of ultra-short laser pulses is used to form the pump beam 14 and the probe beam 15. As described in detail hereinafter, the pump beam 14 generates a periodic spatial grating of coherent acoustic phonons in the sample. The probe beam 15 allows generating a back-scattered beam by Brillouin interaction of the probe beam 15 on this periodic grating of coherent acoustic phonons… The support is arranged so that the incident radiation is preferably in normal incidence on the sample 2 and/or on the interface 3 between the sample 2 and the optoacoustic transducer 1”. Thus, the pump beam 14 and the probe beam 15 are applied to a section of the sample 2);
and wherein the first pump beam interacts with the first probe beam or a second pump beam interacts with a second probe beam to generate the at least one acoustic wave in the medium and the at least one Brillouin signal is produced as a result of the generated acoustic wave (Audoin fig. 2; [0071]; “As described in detail hereinafter, the pump beam 14 generates a periodic spatial grating of coherent acoustic phonons in the sample. The probe beam 15 allows generating a back-scattered beam by Brillouin interaction of the probe beam 15 on this periodic grating of coherent acoustic phonons”, Thus, the pump beam 14 interacts with the probe beam 15 to generate at least one acoustic wave in the sample 2 and at least one Brillouin signal is produced as a result).
However, Audoin in view of Vogler does not explicitly disclose a second probe optical source configured to apply a second probe beam to the target section of the medium; and a second pump optical source configured to apply a second pump beam to the target section of the medium.
Liu, in the same field of endeavor as the claimed invention, teaches applying a second probe beam to the target section of the medium (Liu claim 1; “a second laser source (102) configured to generate a main probe beam (202)… a beam splitter (103) configured to divide said probe beam into a first probe beam (203) and into a second probe beam (204)”, wherein the first and second probe beams 203, 204 are sent to facilitate analyzing the sample 5);
and applying a second pump beam to the target section of the medium (Liu [0035]; fig. 3; “A first source 101 of ultrashort laser pulses generates a pump laser beam 201 consisting of a series of pump pulses at frequency F… the pump laser pulse train has a duration equal to 400 fs at a wavelength of 1030 nm”. Thus, the pump optical source applies at least a second pump beam to the sample 5).
However, Liu does not teach the second probe beam applied by a second probe optical source; and the second pump beam applied by a second pump optical source.
Further, the prior art references teach away from a second probe optical source and a second pump optical source. Instead, the prior art references teach a singular probe optical source and a singular pump optical source with pulsed beams for a more compact device.
Therefore, claim 9 contains allowable subject matter.
Claims 10-11 are indicated as allowable due to their dependencies only.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kemaya Nguyen whose telephone number is (571)272-9078. The examiner can normally be reached Mon - Fri 11 am – 8 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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