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 .
Preliminary Amendment
The amendment submitted 3/31/2025 has been accepted and entered. Claims 1-20 are cancelled. No claims are amended. New claims 21-40 are added. Thus, claims 21-40 are examined.
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.
Claim(s) 39-40 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Willson et al (US 10,533,996 B2).
Regarding claim 39, Willson et al discloses a dry calibration device comprising: a first layer comprising a dry phosphorescent material (col. 15, lines 4-13) and a second layer comprising a neutral density filter (col. 23, lines 13-19).
Regarding claim 40, Willson et al discloses further comprising a housing (chamber) (col. 29, lines 23-41).
Allowable Subject Matter
Claims 21-38 are allowable over the prior art.
Regarding claim 21, the prior art fails to disclose or reasonably suggest wherein a method of performing a dry calibration of a fluorescence detector, comprising: obtaining or having obtained a dry calibration device for each of a plurality of pre- selected calibration sites in a sample, each dry calibration device characterized by differing stops of light reduction; generating a calibration curve data for each calibration site using the dry calibration device for each calibration site using varying light intensities within a dynamic range of the fluorescence detector; and using the generated calibration curve to calibrate each site in the fluorescence detector, as claimed, so as to enable calibration with higher accuracy and reusability.
Regarding claim 33, the prior art fails to disclose or reasonably suggest wherein a method of determining inter-reader or intra-reader variation in a fluorescence reader, comprising: obtaining or having obtained a dry calibration device for each of a plurality of pre- selected calibration sites in a sample, each dry calibration device characterized by differing stops of light reduction; generating a mean integration for stops of light reduction at a given site across two or more fluorescence readers or within a fluorescence reader; and determining the inter-reader or intra-reader variation by calculating the coefficient of variation for each dry calibration device at each of the given sites across two or more fluorescence readers or with a fluorescence reader, as claimed, so as to enable calibration with higher accuracy and reusability.
Claims 22-32 and 34-38 are allowable based on dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Simon et al (US 6,125,335 A) discloses a wide field calibration method for calibrating radiation sensor detectors of a multi-sensor detector array.
Willson et al (WO 2017/109057 A1) discloses to enhance compatibility with multiple fluorescence channels for calibrating a fluorescence microscope, a calibration slide (10) is provided that comprises a substrate (12) and a pixel layout (14). The pixel layout comprises a plurality of spaced apart metal nanostructures (16) arranged on a surface (18) of the substrate. The metal nanostructures are arranged to produce plasmon 10 resonances that allow absorbing light (20) at an excitation wavelength to produce photo- luminescence and/or fluorescence light (22) for generating a fluorescent image. The fluorescent image comprises a plurality of pixel intensity values that are provided for calibration of a fluorescence microscope.
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/F.P.B./Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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