DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/11/2025 complies with the provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statement.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a vibration module” in claim 6; and “a detection module” in claim 22.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Claim 6, lines 2-3, “a vibration module that is directly or indirectly connected to the optical fibre, such that the vibration module is configured to move the fibre,” is being interpreted under 35 U.S.C. §112(f). Prong 1: “a vibration module” uses the generic placeholder “module”; prong 2: “configured to move the fibre” recites the function “move the fibre”; and prong 3: the claim limitation does not recite sufficient structure for performing the function “move the fibre.” Therefore, the limitation “a vibration module” in claim 6 invokes 35 U.S.C. §112(f).
The corresponding structure disclosed in the specification for performing the recited function “move the fibre” includes a vibration motor or a voice coil directly or indirectly connected to the optical fibre, and equivalents thereof.
Accordingly, the limitation “a vibration module” is construed under 35 U.S.C. §112(f) to cover the corresponding structure described in the specification for performing the recited function “move the fibre” and equivalents thereof.
Claim 22, lines 1–2, the limitation “a detection module” in the recitation “the step of imaging the object using a detection module,” is being interpreted under 35 U.S.C. § 112(f). Prong 1: “a detection module” uses the generic placeholder “module”; prong 2: “imaging the object” recites the function associated with the detection module; and prong 3: the claim limitation does not recite sufficient structure for performing the function “imaging the object.” Therefore, the limitation “a detection module” in claim 22 invokes 35 U.S.C. § 112(f).
The corresponding structure disclosed in the specification for performing the recited function “imaging the object” includes a camera, including a CMOS camera, and equivalents thereof.
Accordingly, the limitation “a detection module” is construed under 35 U.S.C. § 112(f) to cover the corresponding structure described in the specification for performing the recited function and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 1, 3-7, 10, 19 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper (US20140133017, of record, see IDS dated 2/11/2025) in view of Berman (US20140104681).
Regarding claim 1, Cooper teaches a critical illumination device (see Cooper, figs. 2–3, radiation delivery module 204/304 and light-coupling unit 236 corresponding to the critical illumination device, see paragraphs [0055]-[0060], [0065]-[0069] and their descriptions, multimode fiber 208 and light-coupling unit 236 providing substantially uniform illumination to sample 248) for providing a uniform illumination of an object (see Cooper, figs. 2–3, multimode fiber 208, light-coupling unit 236 and sample 248 corresponding to providing a uniform illumination of an object, see paragraphs [0025]-[0027], [0055]-[0066] and their descriptions, light exiting multimode fiber 208 having a substantially uniform transverse distribution and light-coupling unit 236 imaging distal end 230 onto or sufficiently close to sample plane 250 or conjugate plane 252 to provide substantially uniform illumination of sample 248) in a reflected light microscope (see Cooper, figs. 2–3, microscope 238, objective 246, sample 248 and light-splitting optics 254 corresponding to the reflected light microscope, see paragraphs [0058]-[0062] and their descriptions, microscope 238 directing exciting radiation through objective 246 to sample 248 and light-splitting optics 254 directing return light from sample 248 to light-detecting unit 240, wherein the return light can result from reflection), the critical illumination device comprising
a coherent or partially coherent light source (see Cooper, figs. 2–3, radiation source 210 and individual radiation sources 218 corresponding to the coherent or partially coherent light source, see paragraph [0068] and its description, radiation source 210 generating coherent radiation when one or more individual radiation sources 218 is a laser);
an optical fibre (see Cooper, figs. 2-3, multimode fiber 208 corresponding to the optical fibre, see paragraphs [0053]-[0056] and their descriptions, multimode fiber 208 receiving and guiding exciting radiation) coupled with the light source (see Cooper, fig. 2, radiation sources 218, light-coupling unit 216 and multimode fiber 208 corresponding to the optical fibre coupled with the light source, see paragraphs [0052]-[0054] and their descriptions, radiation from radiation sources 218 being focused by lens 222 onto incident end 220 of multimode fiber 208), wherein the fibre comprises a core (see Cooper, figs. 4-1-4-3, cores 402, 410 and 418 corresponding to the fibre core, see paragraphs [0081]-[0085] and their descriptions, step-index multimode fibers having respective circular, square and rectangular cores) with a diameter of at least 15 microns (see Cooper, multimode fiber 208 having core diameter DF corresponding to the core with a diameter of at least 15 microns, see paragraphs [0085], [0136]-[0137] and their descriptions, multimode fiber having a 200 μm core diameter) and a numerical aperture of 0.1 to 0.5 (see Cooper, multimode fiber 208 having numerical aperture NAF corresponding to the numerical aperture of 0.1 to 0.5, see paragraphs [0134]-[0138] and their descriptions, multimode fiber 208 having a selected numerical aperture NA of 0.15); and
at least one collimator lens (see Cooper, figs. 2 and 5, lens 242/504 corresponding to the collimator lens, see paragraphs [0124]-[0126], [0139] and their descriptions, light emitted from distal end 230 passing through lens 242 and lens 242 having focal length F3) positioned at the focal length (see Cooper, fig. 2, lens 242 having focal length F3 corresponding to the collimator lens positioned at the focal length, see paragraph [0139] and its description, lens 242 having focal length F3=3 mm and being positioned a distance U1=F3=3 mm) from the tip of the optical fibre (see Cooper, fig. 2, distal end 230 of multimode fiber 208 corresponding to the tip of the optical fibre, see paragraph [0139] and its description, lens 242 being positioned a distance U1=F3=3 mm from distal end 230 of multimode fiber 208).
Cooper does not explicitly disclose wherein the collimator lens is configured to match the numerical aperture of the optical fibre to couple light out of the optical fibre.
However, Berman teaches a similar optical-fiber illumination arrangement (see Berman, fig. 7, light source module 702, optical fiber 705, fiber tip 706 and collimating optics 707 corresponding to the similar optical-fiber illumination arrangement, see paragraphs [0106]-[0113] and their descriptions, optical fiber 705 delivering illumination light and collimating optics 707 receiving light emitted from fiber tip 706), and further teaches
Wherein the collimator lens (see Berman, fig. 7, collimating optics 707 corresponding to the collimator lens, see paragraph [0112] and its description, collimating optics 707 having focal length F707 and being illustrated as an achromatic doublet lens) is configured to match the numerical aperture of the optical fibre (see Berman, fig. 7, collimating optics 707 configured in accordance with the numerical aperture of the optical fibre; collimating lens 707 and numerical aperture NA of optical fiber 705 corresponding to the collimator lens and the numerical aperture of the optical fibre, see paragraphs [0114]-[0120] and their descriptions, light exiting fiber 705 having a spread of angles given by numerical aperture NA, and the diameter and divergence angle of the illumination beam depending on core diameter DF, numerical aperture NA and focal length F707 of collimating lens 707) to couple light out of the optical fibre (see Berman, fig. 7, collimating lens 707, distal end 706 and optical fiber 705 corresponding to coupling light out of the optical fibre, see paragraph [0121] and its description, distal end 706 being positioned a distance F707 from lens 707 such that light passing through lens 707 may be collimated and the diameter of lens 707 being sufficiently large to capture light emitted from distal end 706).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the collimator lens of Cooper to match the numerical aperture of the optical fibre, as taught by Berman, such that the collimator lens captures and collimates the light emitted from the optical fibre, in order to efficiently couple light out of the optical fibre (see Berman, fig. 7, optical fiber 705, distal end 706 and collimating lens 707, see paragraphs [0114]-[0121] and their descriptions, the numerical aperture NA determining the angular spread of light exiting fiber 705, the illumination-beam characteristics depending on numerical aperture NA and focal length F707, and lens 707 being sufficiently large to capture the emitted light).
Regarding claim 3, Cooper in view of Berman discloses the invention as described in Claim 1 and Cooper further teaches wherein the fibre core is non-circular (see Cooper, figs. 4-2–4-3, square core 410 and rectangular core 418 corresponding to the non-circular fibre core, see paragraphs [0055], [0083]-[0084] and their descriptions, the core of the multimode fiber having a square or rectangular cross section).
Regarding claim 4, Cooper in view of Berman discloses the invention as described in Claim 1 and Cooper further teaches wherein the length of the fibre is at least 2 metres (see Cooper, fig. 2, multimode fiber 208 corresponding to the fibre, see paragraph [0085] and its description, a particular step-index multimode fiber having a length of 2 meters).
Regarding claim 5, Cooper in view of Berman discloses the invention as described in Claim 1 and Cooper further teaches wherein the fibre core has a diameter of between 15 microns to 400 microns (see Cooper, multimode fiber 208 having core diameter DF corresponding to the fibre core having a diameter of between 15 microns to 400 microns, see paragraphs [0085], [0136]-[0137] and their descriptions, multimode fiber 208 having a core diameter DF of 200 μm, which falls within the claimed range).
Regarding claim 6, Cooper in view of Berman discloses the invention as described in Claim 1 and Cooper further teaches wherein further comprising a vibration module (see Cooper, fig. 3, vibrating mechanical driver 308 corresponding to the vibration module as construed under 35 U.S.C. §112(f), see paragraphs [0068]-[0069] and their descriptions, vibrating mechanical driver 308 functioning as a phase randomizer and being designed to generate vibrations in a section of multimode fiber 208) that is directly or indirectly connected to the optical fibre (see Cooper, fig. 3, vibrating mechanical driver 308 mechanically coupled to multimode fiber 208 corresponding to the vibration module directly or indirectly connected to the optical fibre, see paragraph [0069] and its description, vibrating mechanical driver 308 being mechanically coupled to a section of multimode fiber 208), such that the vibration module is configured to move the fibre (see Cooper, fig. 3, vibrating mechanical driver 308 and multimode fiber 208 corresponding to the vibration module configured to move the fibre, see paragraph [0069] and its description, vibrating mechanical driver 308 generating vibrations in multimode fiber 208 and allowing a long length of the multimode fiber to be vibrated).
Regarding claim 7, Cooper in view of Berman discloses the invention as described in Claim 1 and Cooper further teaches wherein further comprising an optical element (see Cooper, fig. 2, folding mirrors 232 and dichroic mirrors 234 corresponding to the optical element, see paragraph [0052] and its description, light-combining unit 214 comprising optical elements including folding mirrors 232, dichroic mirrors 234 and other suitable optical elements).
Regarding claim 10, Cooper in view of Berman discloses the invention as described in Claim 1 and Berman further teaches wherein the collimator lens is an achromatic collimator lens or an aspheric collimator lens (see Berman, fig. 7, collimating optics 707 corresponding to the achromatic collimator lens or aspheric collimator lens, see paragraph [0112] and its description, collimating optics 707 being illustrated as an achromatic doublet lens and alternatively being formed as an aspheric lens).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the collimator lens of Cooper as an achromatic collimator lens or an aspheric collimator lens, as taught by Berman, in order to provide the known optical advantages of such lens configurations while collimating light emitted from the optical fibre (see Berman, fig. 7, collimating optics 707 corresponding to the collimator lens, see paragraph [0112] and its description, collimating optics 707 being illustrated as an achromatic doublet lens and alternatively being formed as an aspheric lens).
Regarding claim 19, Cooper teaches a method of illuminating of an object (see Cooper, figs. 2–3, multimode fiber 208, light-coupling unit 236 and sample 248 corresponding to the method of illuminating an object, see paragraphs [0025]-[0027], [0065], [0123]-[0125] and their descriptions, exciting radiation being transmitted through multimode fiber 208 and delivered to sample 248 to provide substantially uniform illumination), the method comprising
providing a critical illumination device (see Cooper, figs. 2–3, radiation source module 202, radiation delivery module 204/304, multimode fiber 208 and light-coupling unit 236 corresponding to the critical illumination device, see paragraphs [0052]-[0060], [0065]-[0069] and their descriptions, the radiation source, multimode fiber and light-coupling optics providing illumination to sample 248) comprising
a coherent or partially coherent light source (see Cooper, figs. 2–3, radiation source 210 and individual radiation sources 218 corresponding to the coherent or partially coherent light source, see paragraph [0068] and its description, radiation source 210 generating coherent radiation when one or more individual radiation sources 218 is a laser) and
an optical fibre (see Cooper, figs. 2–3, multimode fiber 208 corresponding to the optical fibre, see paragraphs [0053]-[0056] and their descriptions, multimode fiber 208 receiving and guiding exciting radiation) having a core (see Cooper, figs. 4-1–4-3, cores 402, 410 and 418 corresponding to the fibre core, see paragraphs [0081]-[0085] and their descriptions, step-index multimode fibers having respective circular, square and rectangular cores) with a diameter of at least 15 microns (see Cooper, multimode fiber 208 having core diameter DF corresponding to the core with a diameter of at least 15 microns, see paragraphs [0085], [0136]-[0137] and their descriptions, multimode fiber having a core diameter of 200 μm) with a numerical aperture of 0.1 to 0.5 (see Cooper, multimode fiber 208 having numerical aperture NAF corresponding to the numerical aperture of 0.1 to 0.5, see paragraphs [0134]-[0138] and their descriptions, multimode fiber 208 having a selected numerical aperture NA of 0.15);
at least one collimator lens (see Cooper, figs. 2 and 5, lens 242/504 corresponding to the collimator lens, see paragraphs [0124]-[0126], [0139] and their descriptions, radiation emitted from distal end 230 passing through lens 242 and lens 242 having focal length F3) positioned at the focal length (see Cooper, fig. 2, lens 242 having focal length F3 corresponding to the collimator lens positioned at the focal length, see paragraph [0139] and its description, lens 242 having focal length F3=3 mm and being positioned a distance U1=F3=3 mm) from the tip of the optical fibre (see Cooper, fig. 2, distal end 230 of multimode fiber 208 corresponding to the tip of the optical fibre, see paragraph [0139] and its description, lens 242 being positioned a distance U1=F3=3 mm from distal end 230 of multimode fiber 208),
and transmitting light from the light source (see Cooper, figs. 2–3, radiation sources 218 and exciting radiation corresponding to transmitting light from the light source, see paragraphs [0122]-[0124] and their descriptions, radiation from radiation sources 218 being coupled to multimode fiber 208 and emitted from distal end 230) through the fibre core (see Cooper, figs. 2–3, multimode fiber 208 and incident end 220 corresponding to transmitting light through the fibre core, see paragraph [0123] and its description, exciting radiation being focused onto incident end 220 and guided through multimode fiber 208 to distal end 230) in order to provide a uniform illumination of the object (see Cooper, figs. 2–3, distal end 230 of multimode fiber 208, lenses 242/244 and sample 248 corresponding to providing a uniform illumination of the object, see paragraphs [0124]-[0125], [0148]-[0149] and their descriptions, light emitted from distal end 230 being transmitted through the optical system and the distal end of the multimode fiber being imaged to provide substantially uniform illumination of sample 248).
Cooper does not explicitly disclose wherein the collimator lens is configured to match the numerical aperture of the optical fibre to couple light out of optical fibre.
However, Berman teaches a similar method of optical-fiber illumination (see Berman, fig. 7, light source module 702, optical fiber 705, fiber tip 706 and collimating optics 707 corresponding to the similar method of optical-fiber illumination, see paragraphs [0106]-[0113] and their descriptions, illumination light being delivered by optical fiber 705 from fiber tip 706 to collimating optics 707), and further teaches
Wherein the collimator lens (see Berman, fig. 7, collimating optics 707 corresponding to the collimator lens, see paragraph [0112] and its description, collimating optics 707 having focal length F707) is configured to match the numerical aperture of the optical fibre (see Berman, fig. 7, collimating lens 707 and numerical aperture NA of optical fiber 705 corresponding to the collimator lens and the numerical aperture of the optical fibre, see paragraphs [0114]-[0120] and their descriptions, light exiting fiber 705 having a spread of angles given by numerical aperture NA, and the diameter and divergence angle of the illumination beam depending on core diameter DF, numerical aperture NA and focal length F707 of collimating lens 707) to couple light out of optical fibre (see Berman, fig. 7, collimating lens 707, distal end 706 and optical fiber 705 corresponding to coupling light out of the optical fibre, see paragraph [0121] and its description, distal end 706 being positioned a distance F707 from lens 707 such that light passing through lens 707 may be collimated and lens 707 being sufficiently large to capture the light emitted from distal end 706).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the collimator lens of Cooper to match the numerical aperture of the optical fibre, as taught by Berman, such that the collimator lens captures and collimates the light emitted from the optical fibre, in order to efficiently couple light out of the optical fibre (see Berman, fig. 7, optical fiber 705, distal end 706 and collimating lens 707, see paragraphs [0114]-[0121] and their descriptions, the numerical aperture NA determining the angular spread of light exiting fiber 705, the illumination-beam characteristics depending on numerical aperture NA and focal length F707, and lens 707 being sufficiently large to capture the emitted light).
Regarding claim 21, Cooper in view of Berman discloses the invention as described in Claim 19 and Cooper further teaches wherein further comprising the step of vibrating the optical fibre (see Cooper, fig. 3, vibrating mechanical driver 308 and multimode fiber 208 corresponding to the step of vibrating the optical fibre, see paragraph [0069] and its description, vibrating mechanical driver 308 generating vibrations in a section of multimode fiber 208 and inducing fast variations in optical path lengths within the fiber).
Regarding claim 22, Cooper in view of Berman discloses the invention as described in Claim 19 and Cooper further teaches wherein further comprising the step of imaging the object (see Cooper, figs. 2–3, sample 248, microscope 238 and detector 258 corresponding to imaging the object, see paragraphs [0060]-[0064] and their descriptions, microscope 238 directing light to sample 248 and detector 258 receiving return light to provide an image of sample 248) using a detection module (see Cooper, figs. 2–3, light-detecting unit 240 and detector 258 corresponding to the detection module as construed under 35 U.S.C. §112(f), see paragraphs [0061]-[0064] and their descriptions, light-detecting unit 240 including detector 258, wherein detector 258 may be a CCD camera, CMOS camera, ICCD camera or another suitable camera).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Cooper (US20140133017, of record, see IDS dated 2/11/2025) in view of Berman (US20140104681), and further in view of Manni et al. (US20020196414).
Regarding claim 2, Cooper in view of Berman discloses the invention as described in Claim 1, Cooper does not explicitly disclose wherein the coherent or partially coherent light source has a bandwidth of 1 to 10 nm.
However, Manni teaches a similar coherent laser illumination arrangement (see Manni, lasing elements and combined laser beams corresponding to the similar coherent laser illumination arrangement, see paragraphs [0007]-[0011] and their descriptions, a plurality of lasing elements emitting laser beams having different center wavelengths and being combined by imaging optics to provide an ensemble spectrum), and further teaches wherein the coherent or partially coherent light source has a bandwidth of 1 to 10 nm (see Manni, combined laser beams having ensemble spectrum Λ corresponding to the coherent light source and its bandwidth, see paragraph [0011] and its description, the ensemble spectrum Λ having an ensemble bandwidth ΔΛ between 1 nm and 10 nm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the coherent or partially coherent light source of the Cooper-Berman combination to have a bandwidth of 1 to 10 nm, as taught by Manni, in order to increase spectral diversity and reduce speckle produced by coherent illumination (see Manni, paragraphs [0007]-[0011] and their descriptions, bandwidth enhancement being provided to reduce speckle).
Claims 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper (US20140133017, of record, see IDS dated 2/11/2025) in view of Berman (US20140104681), and further in view of Kuksenkov et al. (US20090190618).
Regarding claim 8, Cooper in view of Berman discloses the invention as described in Claim 1 and Cooper further teaches wherein the light source is a laser or an SLD (see Cooper, fig. 2, radiation source 210 and individual radiation sources 218 corresponding to the light source, see paragraphs [0045], [0048]-[0049] and their descriptions, suitable radiation sources including super luminescent diodes, SLDs, and an exemplary optical microscope system using lasers as individual radiation sources 218).
Cooper does not explicitly disclose wherein the laser is modulated to induce a wavelength shift.
However, Kuksenkov teaches a similar laser illumination arrangement (see Kuksenkov, fig. 1, laser projection system 100, laser 30, laser driver 20 and system controller 10 corresponding to the similar laser illumination arrangement, see paragraphs [0018]-[0022] and their descriptions, laser 30 generating optical signal 101 and the system employing wavelength modulation to reduce speckle), and further teaches wherein the laser is modulated to induce a wavelength shift (see Kuksenkov, fig. 1, laser 30, laser driver 20 and optical signal 101 corresponding to the laser and modulation thereof, see paragraphs [0038]-[0041] and their descriptions, optical signal 101 being modulated sequentially through a set of wavelengths, a wavelength modulation signal being applied to laser 30, and the output wavelength being continuously swept or switched between discrete wavelengths).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modulate the laser of the Cooper-Berman combination to induce a wavelength shift, as taught by Kuksenkov, in order to generate wavelength-dependent optical modes and thereby reduce speckle associated with coherent laser illumination (see Kuksenkov, paragraphs [0020]-[0021], [0038]-[0041] and their descriptions, wavelength modulation being employed to produce multiple statistically independent speckle patterns and reduce speckle contrast).
Regarding claim 20, Cooper in view of Berman discloses the invention as described in Claim 19, Cooper does not explicitly disclose wherein further comprising the step of modulating the laser to induce a wavelength shift.
However, Kuksenkov teaches a similar method of laser illumination (see Kuksenkov, fig. 1, laser 30, laser driver 20 and system controller 10 corresponding to the similar method of laser illumination, see paragraphs [0018]-[0022] and their descriptions, laser 30 generating optical signal 101 and wavelength modulation being used to reduce speckle), and further teaches
wherein further comprising the step of modulating the laser to induce a wavelength shift (see Kuksenkov, fig. 1, laser 30 and laser driver 20 corresponding to modulating the laser, see paragraphs [0038]-[0041] and their descriptions, a wavelength modulation signal being applied to laser 30 such that the output wavelength varies continuously or switches between multiple wavelengths).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the method of Cooper-Berman the step of modulating the laser to induce a wavelength shift, as taught by Kuksenkov, in order to generate multiple wavelength-dependent optical modes and reduce speckle caused by coherent laser illumination (see Kuksenkov, paragraphs [0020]-[0021], [0038]-[0041] and their descriptions).
Claims 11-12, 14-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper (US20140133017, of record, see IDS dated 2/11/2025) in view of Berman (US20140104681), and further in view of Kukura et al. (US20190004299).
Regarding claim 11, Cooper in view of Berman discloses the invention as described in Claim 1 and further teaches wherein a reflection light microscope comprising:
a critical illumination device according to claim 1 configured to provide uniform illumination of the sample (see described in claim 1);
Cooper does not explicitly disclose wherein a sample holder for holding a sample in a sample location;
a detector; and
an optical system being arranged to direct illuminating light onto the sample location and being arranged to collect output light in reflection, the output light comprising both light scattered from the sample location and illuminating light reflected from the sample location, and to direct the output light to the detector.
However, Kukura teaches a similar reflection light microscope (see Kukura, fig. 1, iSCAT microscope 1 corresponding to the similar reflection light microscope, see paragraphs [0038]-[0045] and their descriptions, microscope 1 receiving output light in reflection from a sample location);
a sample holder (see Kukura, fig. 1, sample holder 2 corresponding to the sample holder, see paragraph [0040] and its description, microscope 1 comprising sample holder 2) for holding a sample (see Kukura, fig. 1, sample holder 2 and sample 3 corresponding to holding a sample, see paragraph [0040] and its description, sample holder 2 holding sample 3) in a sample location (see Kukura, fig. 1, sample 3 at the sample location corresponding to the sample in a sample location, see paragraph [0040] and its description);
a detector (see Kukura, fig. 1, detector 5 corresponding to the detector, see paragraphs [0041], [0044] and their descriptions, detector 5 receiving output light in reflection from the sample location); and
an optical system (see Kukura, fig. 1, optical system 10 corresponding to the optical system, see paragraphs [0045]-[0053] and their descriptions, optical system 10 being arranged between sample holder 2, illumination source 4 and detector 5) being arranged to direct illuminating light onto the sample location (see Kukura, fig. 1, optical system 10, condenser lens 12 and objective lens 11 corresponding to directing illuminating light onto the sample location, see paragraphs [0045]-[0047] and their descriptions, condenser lens 12 condensing illuminating light through objective lens 11 onto sample 3 at the sample location) and being arranged to collect output light in reflection (see Kukura, fig. 1, objective lens 11 and detector 5 corresponding to collecting output light in reflection, see paragraphs [0044]-[0048] and their descriptions, detector 5 receiving output light in reflection and objective lens 11 collecting output light from the sample location) the output light comprising both light scattered from the sample location (see Kukura, fig. 1, light scattered from sample 3 corresponding to the light scattered from the sample location, see paragraph [0048] and its description, objective lens 11 collecting light scattered from sample 3 at the sample location) and illuminating light reflected from the sample location (see Kukura, fig. 1, illuminating light reflected from the sample location corresponding to the illuminating light reflected from the sample location, see paragraphs [0048]-[0050] and their descriptions, reflected illuminating light being predominantly reflected from the interface between sample holder 2 and sample 3), and to direct the output light to the detector (see Kukura, fig. 1, tube lens 13, beam splitter 14 and detector 5 corresponding to directing the output light to the detector, see paragraphs [0045], [0051]-[0053] and their descriptions, tube lens 13 focusing output light onto detector 5 and beam splitter 14 separating the output-light path from the illumination-light path).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the substantially uniform illumination device of Cooper-Berman in a reflection microscope having the sample holder, detector and reflected/scattered-light collection architecture taught by Kukura, in order to provide uniform illumination of a sample while collecting reflected and scattered output light for detection and imaging (see Kukura, fig. 1, paragraphs [0040]-[0053] and their descriptions).
Regarding claim 12, Cooper in view of Berman and Kukura discloses the invention as described in Claim 11 and Kukura further teaches wherein further comprising a spatial filter (see Kukura, fig. 1, spatial filter 20 corresponding to the spatial filter, see paragraphs [0054]-[0057] and their descriptions, microscope 1 comprising spatial filter 20) positioned to filter the output light (see Kukura, fig. 1, spatial filter 20 positioned in the output-light path to detector 5 corresponding to the spatial filter positioned to filter the output light, see paragraph [0056] and its description, spatial filter 20 being positioned to filter output light passing to detector 5), the spatial filter being arranged to pass output light (see Kukura, fig. 1, partially transmissive spatial filter 20 corresponding to the spatial filter arranged to pass output light, see paragraph [0057] and its description, spatial filter 20 being partially transmissive and passing the output light) but with a reduction in intensity (see Kukura, fig. 1, spatial filter 20 corresponding to reduction in intensity, see paragraph [0057] and its description, spatial filter 20 passing output light with a reduction in intensity) that is greater within a predetermined numerical aperture (see Kukura, fig. 1, predetermined aperture of spatial filter 20 corresponding to the predetermined numerical aperture, see paragraphs [0057]-[0060] and their descriptions, spatial filter 20 providing reduction in intensity within a predetermined numerical aperture) than at larger numerical apertures (see Kukura, fig. 1, spatial filter 20 corresponding to lesser reduction at larger numerical apertures, see paragraphs [0058]-[0060] and their descriptions, spatial filter 20 providing no intensity reduction, or alternatively less intensity reduction, outside the predetermined numerical aperture); wherein the predetermined numerical aperture is the numerical aperture of the illuminating light reflected from the sample location (see Kukura, fig. 1, reflected illuminating light and spatial filter 20 corresponding to the predetermined numerical aperture and illuminating light reflected from the sample location, see paragraphs [0050], [0060], [0064] and their descriptions, reflected illuminating light having a smaller numerical aperture and the predetermined numerical aperture being the numerical aperture of the reflected illuminating light) that is comprised in the output light (see Kukura, fig. 1, reflected illuminating light collected by objective lens 11 corresponding to illuminating light comprised in the output light, see paragraphs [0048]-[0050] and their descriptions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the reflected-light microscope of Cooper-Berman with the spatial filter taught by Kukura, in order to preferentially attenuate the reflected illuminating-light component relative to the scattered-light component and thereby increase image contrast for weakly scattering objects (see Kukura, paragraphs [0057]-[0062] and their descriptions, spatial filter 20 preferentially reducing reflected illuminating light at low numerical apertures while minimally affecting scattered light, thereby enhancing imaging contrast).
Regarding claim 14, Cooper in view of Berman and Kukura discloses the invention as described in Claim 12 and Kukura further teaches wherein the spatial filter is arranged to pass output light (see Kukura, fig. 1, spatial filter 20 corresponding to the spatial filter arranged to pass output light, see paragraphs [0056]-[0057] and their descriptions, spatial filter 20 being partially transmissive and passing output light) with a reduction in intensity within said predetermined numerical aperture (see Kukura, fig. 1, spatial filter 20 and its predetermined aperture corresponding to reduction in intensity within said predetermined numerical aperture, see paragraphs [0057]-[0060] and their descriptions) to 10−1 of the incident intensity or less (see Kukura, fig. 1, spatial filter 20 corresponding to the spatial filter providing the claimed reduction in intensity, see paragraph [0072] and its description, spatial filter 20 being arranged to pass reflected illuminating light with a reduction in intensity within the predetermined numerical aperture to an intensity in the range from 10−2 to 10−4 of the incident intensity, which falls within the claimed range of 10−1 or less).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the attenuation of the spatial filter in the Cooper-Berman-Kukura microscope to reduce the intensity within the predetermined numerical aperture to 10−1 of the incident intensity or less, as taught by Kukura, in order to further suppress the reflected illuminating-light background and improve contrast for weakly scattering objects (see Kukura, paragraphs [0060]-[0062], [0072] and their descriptions, reduced reflected-light intensity increasing the relative contribution of scattered light at the detector and thereby enhancing image contrast).
Regarding claim 15, Cooper in view of Berman and Kukura discloses the invention as described in Claim 11 and Cooper further teaches wherein the optical system comprises an objective lens (see Cooper, figs. 2–3, microscope 238 and objective 246 corresponding to the optical system comprising an objective lens, see paragraphs [0058]-[0061] and their descriptions, microscope module 206 comprising microscope 238 and microscope 238 comprising objective 246 for focusing illuminating light onto sample 248 and collecting return light from sample 248).
Regarding claim 18, Cooper in view of Berman and Kukura discloses the invention as described in Claim 11 and Cooper further teaches wherein the optical system further comprising a beam splitter (see Cooper, figs. 2–3, light-splitting optics 254 corresponding to the beam splitter, see paragraphs [0058], [0061]-[0062] and their descriptions, microscope module 206 comprising light-splitting optics 254, which may include a dichroic mirror, polarization splitter, partially reflective mirror, or other device for dividing excitation light from return light); and configured to separate the output light in reflection from the sample location from the illuminating light (see Cooper, figs. 2–3, light-splitting optics 254, sample 248 and light-detecting unit 240 corresponding to separating the output light in reflection from the sample location from the illuminating light, see paragraphs [0061]-[0062] and their descriptions, light-splitting optics 254 passing exciting radiation to sample 248 and directing return light from sample 248 to light-detecting unit 240, wherein the return light can result from reflection).
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper (US20140133017, of record, see IDS dated 2/11/2025) in view of Berman (US20140104681) and Kukura (US20190004299), and further in view of Weiss et al. (US20120086795).
Regarding claim 16, Cooper in view of Berman and Kukura discloses the invention as described in Claim 11, Cooper does not explicitly disclose wherein the optical system comprises a series of apertures.
However, Weiss teaches a similar microscope illumination system (see Weiss, figs. 1–3, microscope illumination system and aperture wheel corresponding to the similar microscope illumination system, see paragraphs [0016]-[0020] and their descriptions, microscope illumination system employing a rotatable aperture wheel in the illumination beam path), and further teaches wherein the optical system comprises a series of apertures (see Weiss, fig. 3, aperture wheel having a plurality of apertures of different sizes corresponding to the series of apertures, see paragraphs [0017], [0020] and their descriptions, a plurality of apertures of different size being formed in a circumferential direction in the aperture wheel).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical system of Cooper-Berman-Kukura with a series of selectable apertures as taught by Weiss, in order to permit selectable control of the illumination aperture and illumination conditions for the microscope (see Weiss, paragraphs [0017]-[0021] and their descriptions, the aperture wheel allowing switching between predetermined aperture sizes and reproducible adjustment of illumination conditions).
Regarding claim 17, Cooper in view of Berman and Kukura discloses the invention as described in Claim 11, Cooper does not explicitly disclose wherein at least one aperture having a diameter of between 1 to 5 mm.
However, Weiss teaches a similar microscope illumination system (see Weiss, figs. 1–3, microscope illumination system and aperture wheel corresponding to the similar microscope illumination system, see paragraphs [0016]-[0020] and their descriptions, microscope illumination system employing a rotatable aperture wheel in the illumination beam path), and further teaches
wherein at least one aperture having a diameter of between 1 to 5 mm (see Weiss, aperture wheel and aperture corresponding to at least one aperture having a diameter of between 1 to 5 mm, see paragraph [0034] and its description, an objective having a 2.4 mm pupil diameter requiring an aperture diameter of 1.2 mm, wherein 1.2 mm falls within the claimed range of 1 to 5 mm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical system of Cooper-Berman-Kukura with at least one aperture having a diameter within 1 to 5 mm, such as the 1.2 mm aperture taught by Weiss, in order to provide an aperture size matched to the pupil of the selected microscope objective and thereby control the illumination aperture, resolution, and contrast (see Weiss, paragraphs [0034]-[0036] and their descriptions, aperture diameter being selected according to objective pupil size and smaller illumination apertures providing increased contrast while larger apertures provide increased resolution).
Conclusion
The prior art made of record and not relied upon are considered pertinent to applicant's disclosure: Berman US20140104680 teaches features of instant invention, such as one collimator lens positioned at the focal length from the tip of the optical fibre (see figs. 3-6 and their descriptions), and Wu et al. US20170176338 teaches features of instant invention, such as the collimator lens is an achromatic collimator lens (see figs. 4-7 and 13-21, and their descriptions).
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
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