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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/21/2025, 04/17/2025. The submission is following the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
3. 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)(l) 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 1-12, 19, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bouzid (US 2015/0370058 A1).
Regarding claims 1 and 20, Bouzid discloses (Fig.4a/Fig.5a) a fluorescence reading device and (a fluorescence imaging system 210, Fig.4a) which acquires fluorescence from a microarray (200, Fig.4a or 300 Fig.5a), comprising: a receiving optical system (Offner 203a and 203b, Fig.4a or 303a and 303b, Fig.5a) which repeatedly reflects fluorescence emitted from the microarray (200) off a plurality of reflectors (see Fig. 4a) to form an image on an image-forming plane (see Fig. 4a at least, the Offner relay 203a refocuses/reimages the fluorescence onto an image plane, and [0036], “ray is refocused by Offner mirror elements 203 a and 203 b to the image side”)
; and an optical sensor (205/Fig.4a or 305, Fig.5a) located on the image-forming plane (see Fig.4a, the detector 205 is positioned on the image plane where rays focus).
Regarding claim 2, Bouzid as discussed in claim 1, discloses (Fig.4a or 5a) the fluorescence reading device (210) being a telecentric optical system ([0037], “the all-telecentric Offner-based fluorescence relay system”) in which an image-capturing plane of the microarray (200/300) and the image-forming plane are the same in size ([0034], “Fluorescence imaging system 210 as depicted includes an Offner relay mirror system having a primary mirror element 203 a and a secondary mirror element 203 b that together create a bi-telecentric 1:1 imaging system that approaches perfect imaging”).
Regarding claim 3, Bouzid as discussed in claim 1, discloses that the receiving optical system (203a and 203b) does not include a lens ([0034], “Offner relay mirror system having a primary mirror element 203 a and a secondary mirror element 203 b”).
Regarding claims 4-6, Bouzid as discussed in claim 1, discloses (Fig.4a or 5a) the plurality of reflectors (203a/303a and 203b/303b) including a convex mirror ([0043], “303 b Front surface convex mirror”) and a concave mirror ([0042], “303 a Front surface concave mirror”).
Regarding claims 7-9, Bouzid as discussed in claim 4, discloses the convex mirror and the concave mirror each are a spherical mirror (see Figs. 4a/5s and [0034], “Mirror elements each present a generally spherical mirror surface, at least where light interacts with each element”).
Regarding claims 10-12, Bouzid as discussed above, discloses (Fig.4a or 5a) the plurality of reflectors (203a/303a and 203b/303b) including only one convex mirror (303b, [0043], “303 b Front surface convex mirror”), which is identical to the convex mirror (303b, see Fig.5a), and one concave mirror (303a, see [0042], “303 a Front surface concave mirror”), which is identical to the concave mirror (see Fig.5a).
Regarding claim 19, Bouzid as discussed in claim 4, discloses (Fig.4a or 5a) the plurality of reflectors (203a/303a and 203b/303b) including only one convex mirror (303b, [0043], “303 b Front surface convex mirror”), which is identical to the convex mirror (303b, see Fig.5a), and one concave mirror (303a, see [0042], “303 a Front surface concave mirror”), which is identical to the concave mirror (see Fig.5a), and one right-angle reflector (204/304, see Fig.4a or 5a, the 304 Front surface flat mirror, which is oriented at a 45 degree angle to reflect light at 900 right-angle into the CCD detector 305, indicates as a right-angle reflector) .
Claim Rejections - 35 USC § 103
4. 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.
Claims 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Bouzid in view of Chalmers et al., (US 2006/0164657 A1).
Regarding claims 13-15, Bouzid as discussed in claim 4, does not disclose the plurality of reflectors including only two convex mirrors, each of which is identical to the convex mirror, and two concave mirrors, each of which is identical to the concave mirror as claimed. Chalmers et al., disclose a plurality of reflectors (3003 and 3005, Fig. 30) including only two convex mirrors (3060, 3020, see [0242], “Convex mirror 3060”, and [0243], “a convex mirror 3020”)
,each of which is identical to the convex mirror (see Fig.30), and two concave mirrors (3050 and 3010, see [0242], “concave mirror 3050”, and [0243], “concave mirror 3010”), each of which is identical to the concave mirror (see Fig.30). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bouzid, by utilizing the teaching of Chalmers et al., to achieve nominal 1:1 magnification and wide-wavelength range resolution with substantially eliminated spherical aberration, coma, and distortion for full wavelength range (Chalmers et al., [0246]).
Regarding claims 16-18, Bouzid as discussed in claim above, discloses (Fig.4a or 5a) the plurality of reflectors (203a/303a and 203b/303b) including only one convex mirror (303b, [0043], “303 b Front surface convex mirror”), which is identical to the convex mirror (303b, see Fig.5a), and one concave mirror (303a, see [0042], “303 a Front surface concave mirror”), which is identical to the concave mirror (see Fig.5a). Bouzid does not disclose one retroreflector as claimed. Chalmers et al., disclose a plurality of reflectors include only one convex mirror (3350), which is identical to the convex mirror, one concave mirror (3360), which is identical to the concave mirror (see Fig. 33), and one retroreflector (3320). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bouzid, by utilizing the teaching of Chalmers et al., to allow a significant reduction in overall while maintaining alignment and consistent optical performance across wavelengths (Chalmers et al., [0246]).
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAI THI NGOC TRAN whose telephone number is (571)272- 3456. The examiner can normally be reached Monday-Friday: 9:00-5:30pm.
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/M.T.T./Examiner, Art Unit 2878
/GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
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