DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
This office action is a response to an application filed on 06/17/2025, in which claims 34-53 are pending and ready for examination.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/19/2025 was filed before the mailing date of the Office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 34-53 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,237,094 B2 in view of Hayano (US Pat. 5,719,405).
Instant – 19/031,779
US 12,237,094 B2
Claim 34 - A Fourier ptychographic imaging apparatus, comprising:
a stationary light source,
Claim 8 - A Fourier ptychographic imaging apparatus, comprising:
one or more light sources configured to sequentially illuminate a specimen being imaged at a plurality of incidence angles;
wherein at least one other element of the Fourier ptychographic imaging apparatus is configured to move a specimen being imaged relative to the stationary light source to sequentially illuminate the specimen at a plurality of incidence angles;
one or more optical elements configured to receive light from the specimen being imaged;
one or more optical elements comprising at least one lens, the optical elements configured to receive light issuing from the specimen;
a radiation detector configured to capture a plurality of variably-illuminated intensity images based on light from the one or more optical elements, wherein during operation, each variably-illuminated intensity image is captured while the stationary light source illuminates the specimen at one of the plurality of incidence angles and all variably-illuminated intensity images are captured at a same plane; and
a radiation detector configured to capture a plurality of variably-illuminated intensity images at the same plane based on light passed from the one or more optical elements, wherein each variably-illuminated intensity image is captured while the one or more light sources illuminates the specimen at one of the plurality of incidence angles, and wherein all variably-illuminated intensity images are captured at the same plane; and
one or more processors in communication with the radiation detector to receive the plurality of variably-illuminated intensity images, the one or more processors configured to reconstruct a complex two-dimensional image from the plurality of variably-illuminated intensity images captured at the same plane by:
one or more processors in communication with the radiation detector and/or the one or more light sources, the one or more processors configured to receive the plurality of variably-illuminated intensity images, the one or more processors further configured to:
reconstruct a complex two-dimensional image from the plurality of variably-illuminated intensity images captured at the same plane by:
(i) inverse Fourier transforming data in a region of a plurality of regions in Fourier space to generate image data, the region corresponding to one incidence angle of the plurality of incidence angles;
(ii) updating the image data by replacing its amplitude with an intensity value from a variably-illuminated intensity image of the plurality of variably-illuminated intensity images captured at the same plane, the variably-illuminated intensity image associated with the corresponding one incidence angle;
(iii) Fourier transforming the updated image data and updating the region in Fourier space with the Fourier transformed updated data; and
(iv) repeating (i)-(iii) for each region of the plurality of regions to generate a solution and inverse transforming the solution to generate the complex two-dimensional image.
(i) inverse Fourier transforming data in a region of a plurality of regions in Fourier space to generate image data, the region corresponding to one incidence angle of the plurality of incidence angles;
(ii) updating the image data by replacing its amplitude with an intensity value from a variably-illuminated intensity image of the plurality of variably-illuminated intensity images captured at the same plane, the variably-illuminated intensity image associated with the corresponding one incidence angle;
(iii) Fourier transforming the updated image data and updating the region in Fourier space with the Fourier transformed updated data; and
(iv) repeating (i)-(iii) for each region of the plurality of regions to generate a solution and inverse transforming the solution to generate the complex two-dimensional image.
Claim 35 - the stationary light source is a light emitting diode.
Claim 11 - the one or more light sources comprises a liquid crystal display (LCD) or a light emitting diode (LED) matrix.
Claim 36 - the at least one other element comprises a receptacle configured to receive the specimen.
Claim 37 - the receptacle is a slide or a dish.
Claim 38 - reconstructing the complex two-dimensional image does not use phase measurements.
Claim 9 - reconstruction does not use phase measurements.
Claim 39 - the radiation detector comprises a charge coupled device, a complementary metal-oxide semiconductor (CMOS) imaging sensor, an avalanche photo-diode array, a photo-diode array, or a photomultiplier tube array.
Claim 10 - he radiation detector comprises a charge coupled device, a CMOS imaging sensor, an avalanche photo-diode array, a photo-diode array, or a photomultiplier tube array.
Claim 40 - reconstructing the complex two-dimensional image further comprises, prior to (i), using another solution to provide initial data in the plurality of regions in Fourier space.
Claim 12 - the reconstruction further comprises, prior to (i), using another solution to provide initial data in the plurality of regions in Fourier space.
Claim 41 - one or more sets of neighboring regions of the plurality of regions in Fourier space overlap.
Claim 13 - one or more sets of neighboring regions of the plurality of regions in Fourier space overlap.
Claim 42 - the one or more sets of neighboring regions overlap by about 65% to about 75%.
Claim 14 - the one or more sets of neighboring regions overlap by about 65% to about 75%.
Claim 43 - the complex two-dimensional image generated is of higher resolution than that of the variably- illuminated intensity images.
Claim 15 - the complex two-dimensional image generated is of higher resolution than that of the variably-illuminated intensity images.
Although the conflicting claims are not identical, they are not patentably distinct from each other, because claims 34 and 36-37 of the instant application differ from claim 8 of US 12,237,094 B2 in that the said claims of the instant application recites “at least one other element of the Fourier ptychographic imaging apparatus is configured to move a specimen being imaged relative to the stationary light source to sequentially illuminate the specimen at a plurality of incidence angles”, “the at least one other element comprises a receptacle configured to receive the specimen”, “the receptacle is a slide or a dish” while the claim 8 in US 12,237,094 B2 does not.
However, Hayano teaches “at least one other element of the Fourier ptychographic imaging apparatus is configured to move a specimen being imaged relative to the stationary light source to sequentially illuminate the specimen at a plurality of incidence angles” (Hayano; Col. 8, Ln. 57-67 to Col 9, Ln. 18. A moving means of the Fourier imaging system is used to move an inspected object relative to a stationary light irradiating means for continuously irradiating beams from different directions/angles.), “the at least one other element comprises a receptacle configured to receive the specimen” (Hayano; Fig. 2, item 11. An inspected surface/receptable is used to receive an inspected object.), “the receptacle is a slide or a dish” (Hayano; Fig. 2, item 11. A receptable is a slide or a dish.).
Therefore, it would have been obvious to a person with ordinary skill in the pertinent art at the time of the invention to modify claim 8 of US 12,237,094 B2 by incorporating the above-mentioned features taught by Hayano for the motivation of providing a Fourier imaging system for detecting particles.
Claims 44-49 are directed to a Fourier ptychographic imaging method, comprising a sequence of processing steps corresponding to the same as claimed in claims 34-35, 38, 40-42, and are non-patentable over the prior art for the same reason as previously indicated.
Claims 50-53 are directed to a Fourier ptychographic imaging method, comprising a sequence of processing steps corresponding to the same as claimed in claims 34-37, and are non-patentable over the prior art for the same reason as previously indicated.
Allowable Subject Matter
Claims 34-53 would be allowable provided that all outstanding issues, objections, and/or requirements have been properly addressed.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Macda (US Pat. 5,774,222) teaches an imaging system for inspecting defects of patterns on an object to be inspected.
Lim (US Pub. 20240159998 A1) teaches an illumination device of reflection type Fourier ptychographic microscopy.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT KIR whose telephone number is (571)272-6245. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm.
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/ALBERT KIR/Primary Examiner, Art Unit 2485