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 .
Priority
This application discloses and claims only subject matter disclosed in prior application, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on 04/02/2025 and 01/13/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The term “about 8 degrees and bout 40 degrees” in claims 1 and 13 are a relative term which renders the claim indefinite. The term “about 8 degrees and bout 40 degrees” 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.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Sofka (US20240210297) (hereinafter Sofka).
Regarding claim 1, Sofka discloses a digital microscope comprising: an imaging sensor defining a microscope optical axis [Figs. 1-4, 0025, 0035-0041; microscopic imaging system].
a light source spaced apart from the imaging sensor [Figs. 1-4, 0025, 0035-0041; microscopic imaging system including illumination system].
a diffuser lens optically coupled to the light source [Fig. 2, 0041; diffuser located inside the illuminator].
a mask optically coupled to the diffuser 0041; mask and diffuser as part of system assembly].
wherein the mask restricts the passage of light beams outside of a range between about 8 degrees and about 40 degrees with respect to the microscope optical axis [0002-0005, 0037-0041; illuminating sample a dynamic oblique angle].
a sample holder to hold a cartridge positioned between the imaging sensor and the light source [Figs. 1-4, 0014-0025, 0037-0041; image capture site in microscopic system].
a controller communicatively coupled to the imaging sensor, the controller comprising a processor and a memory comprising instructions that, when executed by the processor, cause the processor to: capture a plurality of images of a liquid sample in the cartridge with the imaging sensor [Figs. 1-2, 0015-0025, 0031-0041; fluid injection/inspection system for blood cell analysis and coordinating movement of sample fluid stream].
identify one or more constituents within the liquid sample based on the plurality of images [0015-0025; classifying and identifying cells during inspection].
Regarding claim 2, Sofka discloses wherein the liquid sample comprises blood, and wherein identifying the one or more constituents within the liquid sample comprises identifying one or more cell types [0015-0025; identification of cell types for analysis].
Regarding claim 3, Sofka discloses wherein the identifying one or more cell types comprises identifying a number of platelets in the liquid sample [0015-0023; cell types and class identification].
Regarding claim 4, Sofka discloses wherein the liquid sample comprises fine needle aspirate, and wherein identifying the one or more constituents within the liquid sample comprises identifying one or more cell types [0015-0025; classifying and identifying cells during inspection].
Regarding claim 5, Sofka discloses wherein the liquid sample comprises an ear wax sample, and wherein identifying the one or more constituents within the liquid sample comprises identifying one or more of bacteria, yeast, ear mites, or ear ticks [0018-0023; fluid particles analyzed including bacteria parasites].
Regarding claim 6, Sofka discloses wherein the instructions, when executed by the processor cause the processor to identify a sample type of the liquid sample, and select a machine-learning algorithm based on the identified sample type [0015-0025, 0071; system processing integrated with machine programming code].
Regarding claim 7, Sofka discloses wherein the mask is positioned between the diffuser and the sample holder [Figs. 1-4, 0015-0025, 0035-0041; microscopic system assembly].
Regarding claim 8, Sofka discloses wherein the mask comprises a plate defining a hole [Figs. 1-2, 0037-0041, aperture including mask and hole coupled to collector lens].
Regarding claim 9, Sofka discloses wherein the plate is circular [Figs. 1-2, 0037-0041, aperture including mask and hole coupled to collector lens].
Regarding claim 10, Sofka discloses wherein the hole is circumscribed within the plate [Figs. 1-2, 0037-0041, aperture including mask and hole coupled to collector lens].
Regarding claim 11, Sofka discloses wherein the hole defines a center that is offset from a center of the plate [Figs. 1-2, 0037-0041, aperture including mask and hole coupled to collector lens].
Regarding claim 12, Sofka discloses wherein the center of the hole is positioned at least 1.5 mm from the microscope optical axis [0037-0041; mask and assembly with opening].
Regarding claim 13, Sofka discloses a method for evaluating a liquid sample with a digital microscope, the method comprising: receiving a liquid sample on a sample holder positioned between an imaging sensor defining a microscope optical axis [Figs. 1-4, 0025, 0035-0041; microscopic imaging system].
a light source [Figs. 1-4, 0025, 0035-0041; microscopic imaging system including illumination system].
passing light from the light source through a diffuser and an asymmetric mask to the sample holder, wherein the mask restricts the passage of light beams outside of a range between about 8 degrees and about 40 degrees with respect to the microscope optical axis [Figs. 1-2, 0015-0025, 0031-0041; fluid injection/inspection system for blood cell analysis and coordinating movement of sample fluid stream].
capturing a plurality of images of the liquid sample with the imaging sensor [Figs. 1-2, 0015-0025, 0031-0041; fluid injection/inspection imaging system for blood cell analysis and coordinating movement of sample fluid stream].
identifying one or more constituents within the liquid sample based on the plurality of images [0015-0025; classifying and identifying cells during inspection].
Regarding claim 14, Sofka discloses wherein the liquid sample comprises blood, and wherein identifying the one or more constituents within the liquid sample comprises identifying one or more cell types [0015-0025; identification of cell types for analysis].
Regarding claim 15, Sofka discloses wherein identifying one or more cell types comprises identifying a number of platelets in the sample [0015-0023; cell types and class identification].
Regarding claim 16, Sofka discloses wherein the liquid sample comprises fine needle aspirate, and wherein identifying the one or more constituents within the liquid sample comprises identifying one or more cell types [0015-0025; classifying and identifying cells during inspection].
Regarding claim 17, Sofka discloses wherein the liquid sample comprises an ear wax sample, and wherein identifying the one or more constituents within the liquid sample comprises identifying one or more of bacteria, yeast, ear mites, or ear ticks [0018-0023; fluid particles analyzed including bacteria parasites].
Regarding claim 18, Sofka discloses wherein the mask is positioned between the diffuser and the sample holder [Figs. 1-4, 0015-0025, 0035-0041; microscopic system assembly].
Regarding claim 19, Sofka discloses wherein the mask comprises a plate defining a hole [Figs. 1-2, 0037-0041, aperture including mask and hole coupled to collector lens].
Regarding claim 20, Sofka discloses wherein the hole is circumscribed within the plate [Figs. 1-2, 0037-0041, aperture including mask and hole coupled to collector lens].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALHA M NAWAZ whose telephone number is (571)270-5439. The examiner can normally be reached Flex, M-R 6:30am-3:30pm; F 8:30am-12:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe G Ustaris can be reached at 571-272-7383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TALHA M NAWAZ/Primary Examiner, Art Unit 2483