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 2/24/2025 has been accepted and entered. Claims 4, 6-7, 10-11, 13, 15-17, 21, 29, 40 are amended. Claims 8-9, 12, 14, 18-20, 22-23, 26-27, 30-39 are cancelled. No new claims are added. Thus, claims 1-7, 10-11, 13, 15-17, 21, 24-25, 28-29, 40-41 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)(1) 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.
Claim(s) 41 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abraham et al (US 6,071,275 A).
Regarding claim 41, Abraham et al discloses an optical imaging system comprising: a laser device (L) (col. 2, line 33), a laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), and a microscope host (OM) (col. 3, line 2), wherein a laser device is configured to emit laser to the laser adapter (col. 2, lines 32-39); the laser adapter is configured to receive the laser emitted by the laser device (col. 1, lines 47-59), adjust and adapt the laser, and transmit the laser adjusted and adapted to the microscope host (col. 1, lines 47-59); and the microscope host is configured to transmit the laser to a microscope probe (col. 3, lines 15-22), and control the microscope probe to perform laser scanning on a living object (tissue) to generate a fluorescence signal used for imaging (graphic display) (col. 3, lines 42-49).
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.
Claim(s) 1, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abraham et al (US 6,071,275 A) in view of Koenig et al (CN 103033917 A).
Regarding claim 1, Abraham et al discloses a laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), comprising: a shell (See Figs 1, 2), a beam transformation device and a beam stabilization device arranged in the shell, wherein the shell is provided with a laser input port and a laser output port; the beam transformation device is configured to transform a laser beam entering the shell. Abraham et al is silent with regards to beam stabilization configuration and correct deviation as claimed. Koenig et al discloses a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection, comprising: beam stabilization device (beamstability system) (Embodiment 1, page 10) disposed downstream of the beam transformation device in a laser transmission direction, and is configured to adjust the laser transmission direction to correct a deviation between an actual position and an ideal position of the laser beam at the laser output (page 2, first paragraph). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Abraham et al of a laser adapter with Koenig et al of a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection. A person of ordinary skill in the art would have been motivated to do this to enable consistent laser alignment at the output target.
Regarding claim 10, Abraham et al discloses an optical system, comprising a laser device (L) (col. 2, line 33), a main unit of application apparatus (OM) (col. 3, line 2) and the laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), wherein the laser device is configured to emit the laser beam to the laser adapter (col. 2, lines 32-39); the laser adapter is configured to receive the laser beam emitted by the laser device (col. 1, lines 47-59), adjust and adapt the laser beam, and transmit the laser beam adjusted and adapted to the main unit of application apparatus (col. 1, lines 47-59); and the main unit of application apparatus is configured to transmit the laser beam to a microscope probe, and control the microscope probe to perform laser scanning on a living object to generate a fluorescence signal used for imaging (graphic display) (col. 3, lines 42-49).
Claim(s) 2-7, 11, 13, 15-17, 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abraham et al (US 6,071,275 A) in view of Koenig et al (CN 103033917 A), as applied to claim 1 above, and further in view of Schoenborn et al (US 20120080616 A1).
Regarding claim 2, Abraham et al in view of Koenig et al discloses wherein the beam stabilization device comprises a position detector (page 7), at least one deflection mirror (2) (page 9), and a mirror adjustment mechanism connected to a respective deflection mirror (Embodiment 2, pages 10-11). Abraham et al and Koenig et al are silent with regards to positioning detector as claimed. Schoenborn et al discloses a device and method for multi-photon fluorescence microscopy for obtaining information from biological tissue, comprising: detect position information of a laser beam at the laser output; and the mirror adjustment mechanism (paragraph [0109]) is configured to drive the at least one deflection mirror to rotate to adjust the laser transmission direction based on the position information detected by the position detector (paragraphs [0019]-[[0020]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Abraham et al of a laser adapter and Koenig et al of a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection with Schoenborn et al of multi-photon fluorescence microscopy for obtaining information from biological tissue. A person of ordinary skill in the art would have been motivated to do this to enable real-time beam stabilization and alignment at laser output.
Regarding claim 3, Abraham et al in view of Koenig et al discloses further comprising a control unit (control module), wherein the control unit is configured to receive the position information detected by the position detector and control the mirror adjustment mechanism (tilting mirror) based on the position information (page 2).
Regarding claim 4, Abraham et al, Koenig et al and in view of Schoenborn et al discloses further comprising at least one fixed mirror (dichroic filter elements, i.e. dichroic mirrors or prisms) (paragraph [0040]), configured to change the laser transmission direction, wherein the fixed mirror is disposed upstream of the beam transformation device in the laser transmission direction (See Fig. 3 and paragraph [0040]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Abraham et al of a laser adapter and Koenig et al of a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection and Koenig et al of a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection with Schoenborn et al of multi-photon fluorescence microscopy for obtaining information from biological tissue. A person of ordinary skill in the art would have been motivated to do this to enable optical alignment stability.
Regarding claim 5, Abraham et al, Koenig et al and in view of Schoenborn et al discloses wherein the at least one fixed mirror (dichroic filter elements, i.e. dichroic mirrors or prisms) (paragraph [0040]) comprises a first fixed mirror and a second fixed mirror, and the at least one deflection mirror comprises a first deflection mirror and a second deflection mirror; and the first fixed mirror is configured to reflect the laser beam to the second fixed mirror, the second fixed mirror is configured to reflect the laser beam to the beam transformation device; the first deflection mirror is configured to reflect the laser beam emitted from the beam transformation device to the second deflection mirror; and the second deflection mirror is configured to reflect the laser beam to the laser output (paragraphs [0107], [0137]).
Regarding claim 6, Abraham et al discloses an optical system, comprising a laser device (L) (col. 2, line 33), a main unit of application apparatus (OM) (col. 3, line 2) and the laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), wherein the laser device is configured to emit the laser beam to the laser adapter (col. 2, lines 32-39); the laser adapter is configured to receive the laser beam emitted by the laser device (col. 1, lines 47-59), adjust and adapt the laser beam, and transmit the laser beam adjusted and adapted to the main unit of application apparatus (col. 1, Schoenborn et al discloses at least one laser power meter configured to detect power of the laser beam (paragraph [0199]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Abraham et al of a laser adapter and Koenig et al of a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection with Schoenborn et al of multi-photon fluorescence microscopy for obtaining information from biological tissue. A person of ordinary skill in the art would have been motivated to do this to enable real time closed loop monitoring and protection.
Regarding claim 7, Abraham et al discloses a laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), comprising: a shell (See Figs 1, 2), a beam transformation device and a beam stabilization device arranged in the shell, wherein the shell is provided with a laser input port and a laser output port. Schoenborn et al discloses wherein the at least one laser power meter comprises a first laser power meter (paragraph [0199]). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to use a second laser power meter, since it has been held that the mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669 USPQ 378 (CCPA 1960). A person of ordinary skill in the art would have been motivated to do this to enable real time closed loop monitoring and protection.
Regarding claim 11, Abraham et al discloses a laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), comprising: a shell (See Figs 1, 2), a beam transformation device and a beam stabilization device arranged in the shell, wherein the shell is provided with a laser input port and a laser output port; the beam transformation device is configured to transform a laser beam entering the shell. Schoenborn et al discloses wherein the main unit of application apparatus (1) comprises a laser coupling module, a laser input end of the laser coupling module is connected to the transmission fiber, and a laser output end of the laser coupling module is connected to the microscope probe through a laser transmission fiber (110); and the laser coupling module is configured to adjust the laser beam received from the transmission fiber, and transmit the laser beam to the microscope probe through the laser transmission fiber (paragraphs [0136]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Abraham et al of a laser adapter and Koenig et al of a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection with Schoenborn et al of multi-photon fluorescence microscopy for obtaining information from biological tissue. A person of ordinary skill in the art would have been motivated to do this to maintain high beam quality.
Regarding claim 13, Abraham et al discloses a laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), comprising: a shell (See Figs 1, 2), a beam transformation device and a beam stabilization device arranged in the shell, wherein the shell is provided with a laser input port and a laser output port. Schoenborn et al discloses wherein the at least one laser power meter comprises a first laser power meter (paragraph [0199]). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to use a second laser power meter, since it has been held that the mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669 USPQ 378 (CCPA 1960). A person of ordinary skill in the art would have been motivated to do this to enable real time closed loop monitoring and protection.
Regarding claim 15, Abraham et al in view of Koenig et al and Schoenborn et al discloses wherein the main unit of application apparatus comprises a multiphoton microscope main unit (1) connected to the microscope probe (10), the multiphoton microscope main unit comprises an installation body (See Fig. 3), and a wide field search module (paragraph [0020]), a laser coupling module (paragraph [0026]), a fluorescence collection module, and a scanning control module (paragraph [0112]) are integrated on the installation body; the wide field search module is configured to perform wide field (large field of view) imaging on the living object to search a target region on the living object (paragraph [0020]), which is used for installing the microscope probe; the laser coupling module is configured to receive the laser beam, and adjust the laser beam to couple the laser beam into a laser transmission fiber (110), and the laser transmission fiber is configured to connect the laser coupling module to the microscope probe (10); the scanning control module (paragraph [0114]), connected to the microscope probe (10) through a control cable, is configured to control the microscope probe to perform laser scanning to generate the fluorescence signal; and the fluorescence collection module, connected to the microscope probe through a fluorescence collection fiber (110), is configured to collect the fluorescence signal output by the microscope probe.
Regarding claim 16, Abraham et al in view of Koenig et al and Schoenborn et al discloses wherein the multiphoton microscope main unit (1) comprises: a probe installation component (measuring head) (10) (paragraph [0070])3 and a switching mechanism, the microscope probe (10) is installed on the probe installation component, and the switching mechanism is configured to switch the probe installation component to a first position-and or a second position; and when the probe installation component is switched to the first position, the microscope probe installed on the probe installation component is configured to avoid an optical path between the wide field search module and the living body; and when the probe installation component is switched to the second position, the microscope probe is aligned with an optical path of the wide field search module (paragraph [0158]). Although Koening et al is silent with regards to a detachable microscope probe, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make an attachable microscope probe, as taught supra by Koenig et al, detachable, since it has been held that making an element of a known apparatus adjustable would have been obvious to those skill in the art. In re Stevens 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Regarding claim 17, Abraham et al in view of Koenig et al and Schoenborn et al discloses wherein the multiphoton microscope main unit (1) further comprises a move module installed on the installation body installation body (See Fig. 3), the move module is configured to load the living body (10) and drive (controlling motor driven movement) (paragraph [0071]) the living body to move in a plurality of directions, and the wide field search module is configured to perform view field search on the living body fixed on the move module (paragraphs [0017], [0020]).
Regarding claim 24, Abraham et al in view of Koenig et al and Schoenborn et al discloses wherein the multiphoton microscope main unit (1) further comprises a control box (control and processing unit) (paragraph [0024]); and scanning control module and fluorescence collection module are arranged in the control box (paragraph [0024]).
Regarding claim 25, Abraham et al discloses a laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), comprising: a shell (See Figs 1, 2), a beam transformation device and a beam stabilization device arranged in the shell, wherein the shell is provided with a laser input port and a laser output port. Schoenborn et al discloses wherein the control box (control and processing unit) (paragraph [0024]); a laser output end, used for connected to the laser transmission fiber, of the laser coupling module is located on a same side as the first port and the second port of the control box (paragraph [0069]).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abraham et al (US 6,071,275 A) in view of Koenig et al (CN 103033917 A), as applied to claim 1 above, and further in view of Miyazono et al (US 20170108683 A1).
Regarding claim 21, Abraham et al discloses a laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), comprising: a shell (See Figs 1, 2), a beam transformation device and a beam stabilization device arranged in the shell, wherein the shell is provided with a laser input port and a laser output port; the beam transformation device is configured to transform a laser beam entering the shell. Abraham et al is silent with regards to beam stabilization configuration and correct deviation as claimed. Koenig et al discloses a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection, comprising: beam stabilization device (beamstability system) (Embodiment 1, page 10) disposed downstream of the beam transformation device in a laser transmission direction, and is configured to adjust the laser transmission direction to correct a deviation between an actual position and an ideal position of the laser beam at the laser output (page 2, first paragraph). Abraham et al and Koenig et al are silent with regards to acousto-optic modular as claimed. Miyazono et al discloses a microscope comprising: an acousto-optic modulator (paragraph [0089]) is configured to adjust intensity of the laser beam (1) (paragraph [0035]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Abraham et al of a laser adapter and Koenig et al of a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection and Koenig et al of a flexible nonlinear laser scanning microscope for non-invasive three-dimensional detection with Miyazono et al of a microscope. A person of ordinary skill in the art would have been motivated to do this to maintain control over laser beam quality.
Claim(s) 28-29, 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abraham et al (US 6,071,275 A) in view of Schoenborn et al (US 20120080616 A1).
Regarding claim 28, Abraham et al discloses a multiphoton microscope main unit (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), configured to be connected with a microscope probe (10) , comprising an installation body (See Fig. 3), wherein a wide field search module (paragraph [0020]), a laser coupling module (paragraph [0026]). Abraham et al is silent with regards to fluorescence module, scanning module as claimed. Schoenborn et al discloses a fluorescence collection module, and a scanning control module are integrated on the installation body, wherein the main unit of application apparatus comprises a multiphoton microscope main unit (1) connected to the microscope probe (10), the multiphoton microscope main unit comprises an the wide field search module (paragraph [0020]) is configured to perform wide field imaging on the living object to search a target region on the living object for installing the microscope probe ; the laser coupling module is configured to receive the laser beam, and adjust the laser beam to couple the laser beam into a laser transmission fiber, and the laser transmission fiber (110) is configured to connect the laser coupling module to the microscope probe; the scanning control module (paragraph [0114]), connected to the microscope probe through a control cable, is configured to control the microscope probe (10) to perform laser scanning to generate the fluorescence signal; and the fluorescence collection module, connected to the microscope probe through a fluorescence collection fiber (110), is configured to collect the fluorescence signal output by the microscope probe. Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Abraham et al of a laser adapter with Schoenborn et al of multi-photon fluorescence microscopy for obtaining information from biological tissue. A person of ordinary skill in the art would have been motivated to do this to collect the fluorescence signal output generated by the probe without losing signal quality over the distance between the main unit and the sample.
Regarding claim 29, Abraham et al in view of Schoenborn et al discloses wherein the multiphoton microscope main unit (1) comprises: a probe installation component (measuring head) (10) (paragraph [0070])3 and a switching mechanism, the microscope probe (10) is installed on the probe installation component, and the switching mechanism is configured to switch the probe installation component to a first position-and or a second position; and when the probe installation component is switched to the first position, the microscope probe installed on the probe installation component is configured to avoid an optical path between the wide field search module and the living body; and when the probe installation component is switched to the second position, the microscope probe is aligned with an optical path of the wide field search module (paragraph [0158]). Although Koening et al is silent with regards to a detachable microscope probe, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make an attachable microscope probe, as taught supra by Koenig et al, detachable, since it has been held that making an element of a known apparatus adjustable would have been obvious to those skill in the art. In re Stevens 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Regarding claim 40, Abraham et al discloses an optical imaging system comprising: a laser device (L) (col. 2, line 33), a laser adapter (mirror-based micromanipulator adapter) (col. 1, lines 47-49, col. 2, line 32-33), and a microscope host (OM) (col. 3, line 2), wherein a laser device is configured to emit laser to the laser adapter (col. 2, lines 32-39); the laser adapter is configured to receive the laser emitted by the laser device (col. 1, lines 47-59), adjust and adapt the laser, and transmit the laser adjusted and adapted to the microscope host (col. 1, lines 47-59); and the microscope host is configured to transmit the laser to a microscope probe (col. 3, lines 15-22), and control the microscope probe to perform laser scanning on a living object (tissue) to generate a fluorescence signal used for imaging (graphic display) (col. 3, lines 42-49).
Conclusion
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/F.P.B./Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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