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 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)(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.
Claims 1-3, 5-9, 12-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by NAKATA et al. (US 20210215923 A1).
Regarding claim 1. NAKATA discloses An imaging device for imaging a sample (abstract, A microscope system includes an eyepiece, an objective, a tube lens, an imaging apparatus, a projection apparatus that projects a projection image onto an image plane between the tube lens and the eyepiece on which an optical image is formed; [0031] The microscope system 1 is used to observe a sample), the imaging device comprising:
an image sensor having a sensor area for receiving detection light from the sample ([0007] an imaging apparatus that acquires digital image data of the sample on the basis of light therefrom), and configured to generate an image from the detection light received by an active area, wherein the active area is at least a part of the sensor area of the image sensor ([0007] a projection apparatus that projects a projection image onto an image plane between the tube lens and the eyepiece on which the optical image is formed);
a camera adapter configured to mount the image sensor ([0037] The tube 120 is a trinocular tube mounted with the eyepiece 104 and the imaging apparatus 140); and
a controller configured to determine a magnification of the camera adapter ([0032] the control apparatus 10 in the microscope system 1 manages microscope information MI; [0059] microscope information MI includes at least a projection magnification α, i.e., a first magnification at which an image of a sample is projected onto the image plane IP1, a projection magnification β, i.e., a second magnification at which an image of the sample is projected onto the imaging apparatus 140, a projection magnification γ, i.e., a third magnification at which an image of the projection apparatus 131 is projected onto the image plane IP1), determine a size of the sensor area of the image sensor ([0059] the size A of the imaging apparatus 140), and set a size of the active area based on the magnification of the camera adapter and the size of the sensor area ([0097] the control apparatus 10 may determine, on the basis of the projection magnification β and the size A of the image sensor 141, pixels from which signals are to be read among the effective pixels of the image sensor 141).
Regarding claim 2. NAKATA discloses The imaging device according to claim 1, wherein the controller is configured to set the size of the active area such that the active area matches a current field of view of the imaging device ([0059] The projection magnification α, the projection magnification β, the projection magnification γ, the size A of the imaging apparatus 140, and the size B of the projection apparatus 131 are information used to project a projection image having a desired size onto a desired position on an optical image).
Regarding claim 3. NAKATA discloses The imaging device according to claim 2, further comprising a first camera port with a first field of view, the first camera port being configured to receive the camera adapter so that, when the camera adapter is arranged between the first camera port and the image sensor, the current field of view of the imaging device is defined by the first field of view (figure 1, [0037] The tube 120 is a trinocular tube mounted with the eyepiece 104 and the imaging apparatus 140).
Regarding claim 5. NAKATA discloses The imaging device according to claim 1, wherein the controller is configured to detect a change of the camera adapter, and upon detecting the change of the camera adapter, set the size of the active area based on the changed camera adapter ([0092] the control apparatus 10 changes the image acquisition setting on the basis of the microscope information acquired in step S22; [0068] projection image data is generated on the basis of the microscope information MI acquired by the projection image generation section 23 in step S2, the projection image generation section 23 may generate projection image data representing a projection image P1 including a scale, such as that depicted by the image V2 in FIG. 5, by using the projection magnification γ, the projection magnification γ, and the size B of the projection apparatus 131, which are included in the microscope information MI).
Regarding claim 6. NAKATA discloses The imaging device according to claim 1, further comprising an optical detection system configured to receive the detection light from the sample, and direct the detection light onto the sensor area of the image sensor via the camera adapter ([0007] an imaging apparatus that acquires digital image data of the sample on the basis of light therefrom, a projection apparatus that projects a projection image onto an image plane between the tube lens and the eyepiece on which the optical image is formed).
Regarding claim 7. NAKATA discloses The imaging device according to claim 6, wherein the controller is configured to set the size of the active area based on an optical parameter of the optical detection system ([0032] the control apparatus 10 in the microscope system 1 manages microscope information MI; [0059] microscope information MI includes at least a projection magnification α, i.e., a first magnification at which an image of a sample is projected onto the image plane IP1, a projection magnification β, i.e., a second magnification at which an image of the sample is projected onto the imaging apparatus 140, a projection magnification γ, i.e., a third magnification at which an image of the projection apparatus 131 is projected onto the image plane IP1; [0097] the control apparatus 10 may determine, on the basis of the projection magnification β and the size A of the image sensor 141, pixels from which signals are to be read among the effective pixels of the image sensor 141).
Regarding claim 8. NAKATA discloses The imaging device according to claim 6, wherein the controller is configured to detect a change of the optical parameter of the optical detection system, and upon detecting the change of the optical parameter of the optical detection system, set the size of the active area based on the changed the optical parameter ([0032] the control apparatus 10 in the microscope system 1 manages microscope information MI; [0059] microscope information MI includes at least a projection magnification α, i.e., a first magnification at which an image of a sample is projected onto the image plane IP1, a projection magnification β, i.e., a second magnification at which an image of the sample is projected onto the imaging apparatus 140, a projection magnification γ, i.e., a third magnification at which an image of the projection apparatus 131 is projected onto the image plane IP1; [0097] the control apparatus 10 may determine, on the basis of the projection magnification β and the size A of the image sensor 141, pixels from which signals are to be read among the effective pixels of the image sensor 141).
Regarding claim 9. NAKATA discloses The imaging device according to claim 1, further comprising a user input unit configured to receive a user input; wherein the controller is configured to determine the magnification of the camera adapter and/or the size of the sensor area of the image sensor based on the user input ([0049] The input apparatus 40 outputs, to the control apparatus 10, an operation signal that corresponds to an input operation performed by the user; [0054] A region of interest to be tracked may be determined by analyzing digital image data or may be determined by a user designating the same using the input apparatus 40; [0058]).
Regarding claim 12. NAKATA discloses The imaging device according to claim 1, wherein the imaging device is configured for fluorescence imaging ([0036] the turret 111 may have disposed thereon a fluorescence cube to be used in a fluorescent observation method).
Regarding claim 13. NAKATA discloses The imaging device according to claim 1, wherein the imaging device is a microscope (abstract, A microscope system includes an eyepiece, an objective, a tube lens, an imaging apparatus, a projection apparatus that projects a projection image onto an image plane between the tube lens and the eyepiece on which an optical image is formed; [0031] The microscope system 1 is used to observe a sample).
Regarding claim 14, the same analysis has been stated in claim 1.
Regarding claim 15, the same analysis has been stated in claim 1.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over NAKATA et al. (US 20210215923 A1) in view of Belote et al. (US 20170126986 A1).
Regarding claim 4. Belote discloses a second camera port with a second field of view, the second camera port being configured to receive the camera adapter so that, when the camera adapter is arranged between the second camera port and the image sensor, the current field of view of the imaging device is defined by the second field of view (figure 1, [0024] The optical system 100 includes two sets of front objective optics, one for the primary field-of-view, referred to as primary FOV optics 130, and one for the secondary field-of-view, referred to as secondary FOV optics 140. Similarly, the secondary FOV optics 140 collects and directs electromagnetic radiation corresponding to the secondary field-of-view of the system, referred to herein as the secondary FOV 145, that is processed by the detector assembly 120 to produce secondary field-of-view image frames), wherein the controller is configured to set the size of the active area based on whether the camera adapter is arranged on the first camera port or the second camera port ([0026] The field-of-view selection mechanism 160 can be configured to alter the output 165 between these two options upon command from a user or automatically).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of NAKATA and Belote, to include multiple camera ports/optics, in order to better image the sample.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over NAKATA et al. (US 20210215923 A1) in view of Li et al. (US 20220206007 A1).
Regarding claim 10. Li discloses a camera adapter is a c-mount adapter, an f-mount adapter or a t-mount adapter ([0031] C-mount imaging lens acting as tube lens).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of NAKATA and Li, to use C-mount imaging lens acting as tube lens/a camera adapter, in order to effectively image the sample.
Regarding claim 11. Li discloses the magnification of the camera adapter is in a range from 0.25× to 2× ([0008] The platform has an imaging module with a magnification ranging from 1× to 100× which is application specific).
The same motivation has been stated in claim 10.
Conclusion
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/XIAOLAN XU/Primary Examiner, Art Unit 2488