DETAILED ACTION
This Office Action is in response to the application filed on 07/01/2026, wherein claims 1-14 have been examined and are pending.
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 04/27/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
1. Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsumoto (U.S. 2018/0143137) hereinafter Matsumoto.
Regarding claim 1, Matsumoto discloses a microscope (Matsumoto [0028]: microscope) comprising:
a light transmitting optical system configured to irradiate a specimen with illumination from a light source (Matsumoto Figs. 1 and 8-16, [0028]-[0034], [0041]: system having light source 31 to irradiate specimen sample B);
a light receiving optical system configured to receive signal light emitted from the specimen (Matsumoto Fig. 1, [0035], [0038]: detector 24, which is a light measurement unit, receives signal light from sample B through objective lens 12; [0040], [0047]: detector 37 receives light to be detected L2 from sample B to generate an image);
a phase modulation element that is provided in at least one of the light transmitting optical system and the light receiving optical system and that is configured to add a predetermined phase distribution to the illumination light or the signal light (Matsumoto Fig. 1, [0042]: a first spatial light modulator 33 optically coupled to laser light source 31 and presents a hologram including an aberration correction hologram for correcting aberration caused by the surface shape of sample B. The first spatial light modulator 33 modulates light L5 from the light source 31 to generate irradiation light L1 to irradiate sample B; [0045]: a second spatial light modulator 36 modulates light to be detected L2 from the sample B and corrects aberration caused by the surface shape of sample B);
a phase distribution measuring unit configured to measure a first phase distribution, which corresponds to specimen-induced aberration at a sampling point of the specimen, at each of a plurality of the sampling points (Matsumoto [0051]: control unit includes processor and controls measuring units; [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen since aberration correction is not performed at this point as in [0098]);
a phase distribution calculation unit that is configured to create a phase data model showing an amount of phase change which the illumination light or the signal light receives when the illumination light or the signal light passes through a predetermined position in the specimen based on the first phase distributions measured at the plurality of sampling points, and that is configured to calculate a second phase distribution which is added to at least one of the illumination light and the signal light by the phase modulation element in order to detect at least one detection point of the specimen in a state in which specimen-induced aberration is reduced based on the phase data model (Matsumoto [0095], [0098]: refractive index distribution, i.e. phase data model, is estimated from the constructed free-dimensional information; [0101]: measure refractive index distribution using phase difference, i.e. phase data model showing an amount of difference or phase change which the illumination light or the signal light receives when the light passes through a predetermined position in the specimen; [0072]: a phase difference is obtained through the optical path difference from the optical path length, and pattern for eliminating this phase difference becomes an aberration correction pattern, that is aberration correction hologram data, i.e. second phase distribution; [0089]: refractive index difference directly under the surface of the sample B is measured, and an aberration correction hologram, i.e. second phase distribution, for correcting an aberration caused by the internal structure is presented to the first and second spatial light modulation 33 and 36); and
a phase distribution setting unit configured to set the second phase distribution to the phase modulation element (Matsumoto Fig. 1, [0056]: the hologram based on the aberration correction hologram data is presented to the first spatial light modulation 33 and the second spatial light modulation 36. The light L5 emitted from the laser light source 31 is modulated by the first spatial light modulator 33, and the biological sample B is irradiated with the irradiation light L1 after modulation),
wherein an amount of information with respect to the second phase distribution applied to one of the detection points is greater than an amount of information with respect to the first phase distribution measured at one of the sampling points (Matsumoto [0052], [0072]: a phase difference is obtained through the optical path difference from the optical path length, and pattern for eliminating this phase difference becomes an aberration correction pattern, that is aberration correction hologram data, i.e. second phase distribution; [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen; [0095], [0098]: refractive index distribution, i.e. phase data model, is estimated from the constructed three-dimensional information; [0089]: refractive index difference directly under the surface of the sample B is measured, and an aberration correction hologram, i.e. second phase distribution, for correcting an aberration caused by the internal structure is presented to the first and second spatial light modulation 33 and 36. Hence, the aberration correction hologram is determined based on the refractive index difference and three-dimensional information which based on information at multiple sampling points, so an amount of information with respect to the aberration correction hologram, i.e. second phase distribution applied to one of the detection points, is greater than an amount of information with respect to the first phase distribution measured at one of the sample points).
Regarding claim 9, Matsumoto discloses an observation method of irradiating a specimen with illumination light from a light source, detecting a signal light emitted from the specimen, and observing the specimen, the method comprising (Matsumoto Figs. 1 and 8-16, [0028]-[0034], [0041]: system having light source 31 to irradiate specimen sample B):
measuring a first phase distribution, which corresponds to specimen-induced aberration, at each of a plurality of sampling points of the specimen (Matsumoto [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen since aberration correction is not performed at this point as in [0098]);
creating, based on the first phase distributions measured at the plurality of sampling points, a phase data model showing an amount of phase change which the illumination light or the signal light receives when the illumination light or the signal light passes through a predetermined position in the specimen; calculating, based on the phase data model, a second phase distribution which is added to at least one of the illumination light and the signal light in order to detect at least one detection point of the specimen in a state in which specimen-induced aberration is reduced (Matsumoto [0095], [0098]: refractive index distribution, i.e. phase data model, is estimated from the constructed free-dimensional information; [0101]: measure refractive index distribution using phase difference, i.e. phase data model showing an amount of difference or phase change which the illumination light or the signal light receives when the light passes through a predetermined position in the specimen; [0072]: a phase difference is obtained through the optical path difference from the optical path length, and pattern for eliminating this phase difference becomes an aberration correction pattern, that is aberration correction hologram data, i.e. second phase distribution; [0089]: refractive index difference directly under the surface of the sample B is measured, and an aberration correction hologram, i.e. second phase distribution, for correcting an aberration caused by the internal structure is presented to the first and second spatial light modulation 33 and 36); and
detecting the detection point by adding the second phase distribution to at least one of the illumination light and the signal light (Matsumoto Fig. 1, [0056]: the hologram based on the aberration correction hologram data is presented to the first spatial light modulation 33 and the second spatial light modulation 36. The light L5 emitted from the laser light source 31 is modulated by the first spatial light modulator 33, and the biological sample B is irradiated with the irradiation light L1 after modulation; [0045]: a second spatial light modulator 36 modulates light to be detected L2 from the sample B and corrects aberration caused by the surface shape of sample B),
wherein an amount of information with respect to the second phase distribution applied to one of the detection points is greater than an amount of information with respect to the first phase distribution measured at one of the sampling points (Matsumoto [0052], [0072]: a phase difference is obtained through the optical path difference from the optical path length, and pattern for eliminating this phase difference becomes an aberration correction pattern, that is aberration correction hologram data, i.e. second phase distribution; [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen; [0095], [0098]: refractive index distribution, i.e. phase data model, is estimated from the constructed three-dimensional information; [0089]: refractive index difference directly under the surface of the sample B is measured, and an aberration correction hologram, i.e. second phase distribution, for correcting an aberration caused by the internal structure is presented to the first and second spatial light modulation 33 and 36. Hence, the aberration correction hologram is determined based on the refractive index difference and three-dimensional information which based on information at multiple sampling points, so an amount of information with respect to the aberration correction hologram, i.e. second phase distribution applied to one of the detection points, is greater than an amount of information with respect to the first phase distribution measured at one of the sample points).
Regarding claims 2 and 10, Matsumoto discloses all the limitations of claims 1 and 9, respectively.
Matsumoto discloses wherein the phase distribution measuring unit measures the first phase distribution at least for each of the plurality of sampling points which are separated in an in-plane direction of a first surface that, intersects a first direction in which the illumination light is irradiated to the specimen (Matsumoto [0095], [0098], [0113]: scanning is performed by the optical scanner 35 in order to observer the fluorescent image within a plant perpendicular to the optical axis. Information and change in fluorescence within plurality of planes with different depths is obtained through a movement of the object lens 12 or the biological sample table 11 in the optical axis direction. Three-dimensional information is constructed by combing the information).
Regarding claim 3, Matsumoto discloses all the limitations of claim 1.
Matsumoto discloses wherein the phase distribution measuring unit measures the first phase distribution based on the intensity of the signal light detected by the light receiving optical system (Matsumoto [0080], [0059], [0047], [0088]: the aberration is measured by measuring a fluorescence intensity distribution; [0093], [0102]: recognize a refractive index distribution of the sample B by acquiring the fluorescence intensity).
Regarding claim 4, Matsumoto discloses all the limitations of claim 3.
Matsumoto discloses wherein the phase modulation element does not change a phase of partial areas of the illumination light or the signal light while measuring the first phase distribution points (Matsumoto [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen since aberration correction is not performed at this point as in [0098]).
Regarding claim 5, Matsumoto discloses all the limitations of claim 1.
Matsumoto discloses wherein the phase modulation element is provided in the light transmitting optical system, the light transmitting optical system focuses the illumination light and irradiates the specimen, and includes a scanning unit configured to scan a focusing point of the illumination light relative to the specimen (Matsumoto Fig. 1, [0042]: a first spatial light modulator 33 optically coupled to laser light source 31 and presents a hologram including an aberration correction hologram for correcting aberration caused by the surface shape of sample B. The first spatial light modulator 33 modulates light L5 from the light source 31 to generate irradiation light L1 to irradiate sample B; [0044], [0057], [0095]: optical scanner 55 scans an irradiation position of the irradiation light L1 in the sample B. The optical scanner scan focus positions as in [0091], [0097]-[0098]).
Regarding claim 6, Matsumoto discloses all the limitations of claim 5.
Matsumoto discloses wherein, while measuring the first phase distribution, a change of a phase distribution added to the illumination light or the signal light by the phase modulation element and the scanning of a predetermined area of the specimen are alternately performed, and selection of the sampling point is performed from the predetermined area (Matsumoto [0057], fig. 8: the light irradiation step and the light detection step are repeatedly performed, or simultaneously continuously, hence alternately performed. The optical scanner scan focus positions as in [0091], [0097]-[0098]).
Regarding claim 7, Matsumoto discloses all the limitations of claim 5.
Matsumoto discloses wherein the phase distribution setting unit sets the second phase distribution to the phase modulation element in synchronization with the scanning (Matsumoto [0057], fig. 8: the light to be detected L2 is modulated by the second spatial light modulator 36 and input to light detector. The light irradiation step and the light detection step are repeatedly performed, or simultaneously continuously, while scanning the irradiation light L1 using scanner 35, hence synchronized modulation and scanning).
Regarding claim 8, Matsumoto discloses all the limitations of claim 1.
Matsumoto discloses wherein the second phase distribution is set to the phase modulation element, and measurement of the first phase distribution is performed at the plurality of sampling points (Matsumoto Fig. 1, [0042]: a first spatial light modulator 33 optically coupled to laser light source 31 and presents a hologram including an aberration correction hologram for correcting aberration caused by the surface shape of sample B. The first spatial light modulator 33 modulates light L5 from the light source 31 to generate irradiation light L1 to irradiate sample B; [0045]: a second spatial light modulator 36 modulates light to be detected L2 from the sample B and corrects aberration caused by the surface shape of sample B; (Matsumoto [0057], fig. 8: the light irradiation step and the light detection step are repeatedly performed or simultaneously continuously while scanning the irradiation light L1 using scanner 35; [0095], [0098], [0113]: scanning is performed by the optical scanner 35 in order to observer the fluorescent image within a plant perpendicular to the optical axis. Information and change in fluorescence within plurality of planes with different depths is obtained through a movement of the object lens 12 or the biological sample table 11 in the optical axis direction. Three-dimensional information is constructed by combing the information. The optical scanner scan focus positions as in [0091], [0097]-[0098]).
Regarding claim 11, Matsumoto discloses all the limitations of claim 9.
Matsumoto discloses wherein a phase of a portion of the illumination light or the signal light is not changed while measuring the first phase distribution (Matsumoto [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen since aberration correction is not performed at this point as in [0098]).
Regarding claim 12, Matsumoto discloses all the limitations of claim 9.
Matsumoto discloses wherein both the first phase distribution and the second phase distribution are added to the illumination light, and the illumination light is focused and is irradiated to the specimen, and a focusing point where the illumination light is focused and the specimen are relatively scanned (Matsumoto [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen; Fig. 1, [0042]: a first spatial light modulator 33 optically coupled to laser light source 31 and presents a hologram including an aberration correction hologram for correcting aberration caused by the surface shape of sample B. The first spatial light modulator 33 modulates light L5 from the light source 31 to generate irradiation light L1 to irradiate sample B; [0045]: a second spatial light modulator 36 modulates light to be detected L2 from the sample B and corrects aberration caused by the surface shape of sample B; [0095], [0097]-[0098], [0113]: scanning is performed by the optical scanner 35 in order to observer the fluorescent image within a plant perpendicular to the optical axis. Information and change in fluorescence within plurality of planes with different depths is obtained through a movement of the object lens 12 or the biological sample table 11 in the optical axis direction. Three-dimensional information is constructed by combing the information. The optical scanner scan focus positions as in [0091], [0097]-[0098]).
Regarding claim 13, Matsumoto discloses all the limitations of claim 9.
Matsumoto discloses wherein the second phase distribution is added to at least one of the illumination light and the signal light and measurement of the first phase distribution at the plurality of sampling points is performed (Matsumoto Fig. 1, [0042]: a first spatial light modulator 33 optically coupled to laser light source 31 and presents a hologram including an aberration correction hologram for correcting aberration caused by the surface shape of sample B. The first spatial light modulator 33 modulates light L5 from the light source 31 to generate irradiation light L1 to irradiate sample B; [0045]: a second spatial light modulator 36 modulates light to be detected L2 from the sample B and corrects aberration caused by the surface shape of sample B; (Matsumoto [0057], fig. 8: the light irradiation step and the light detection step are repeatedly performed or simultaneously continuously while scanning the irradiation light L1 using scanner 35).
Regarding claim 14, Matsumoto discloses a non-transitory computer-readable medium storing a program that controls at least a part of a microscope system configured to observe a specimen, the program causing a processing device including a computer to execute:
reading position information of a plurality of sampling points of the specimen and information related to a first phase distribution corresponding to aberration signal light occurring in illumination light or signal light emitted from the specimen at each of the sampling points (Matsumoto [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen since aberration correction is not performed at this point as in [0098]; [0101]: measure refractive index distribution using phase difference, i.e. phase data model showing an amount of difference or phase change which the illumination light or the signal light receives when the light passes through a predetermined position in the specimen);
causing the processing device to create, based on the position information of the plurality of sampling points and the information related to the first phase distribution of the plurality of sampling points, a phase data model showing a phase change amount which the illumination light or the signal light receives when the illumination or the signal light passes through a predetermined position in the specimen (Matsumoto [0095], [0098]: refractive index distribution, i.e. phase data model, is estimated from the constructed free-dimensional information; [0101]: measure refractive index distribution using phase difference, i.e. phase data model showing an amount of difference or phase change which the illumination light or the signal light receives when the light passes through a predetermined position in the specimen; [0051]: control unit includes processor and controls measuring units; [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen since aberration correction is not performed at this point as in [0098]); and
calculate, based on the phase data model, a second phase distribution which is added to at least one of the illumination light and the signal light in order to detect at least one detection point of the specimen in a state in which specimen-induced aberration is reduced (Matsumoto [0072]: a phase difference is obtained through the optical path difference from the optical path length, and pattern for eliminating this phase difference becomes an aberration correction pattern, that is aberration correction hologram data, i.e. second phase distribution; [0089]: refractive index difference directly under the surface of the sample B is measured, and an aberration correction hologram, i.e. second phase distribution, for correcting an aberration caused by the internal structure is presented to the first and second spatial light modulation 33 and 36; Fig. 1, [0056]: the hologram based on the aberration correction hologram data is presented to the first spatial light modulation 33 and the second spatial light modulation 36. The light L5 emitted from the laser light source 31 is modulated by the first spatial light modulator 33, and the biological sample B is irradiated with the irradiation light L1 after modulation),
wherein the program further causes the processing device to act such that an amount of information with respect to the second phase distribution applied to one of the detection points is greater than an amount of information with respect to the first phase distribution measured at one of the sampling points (Matsumoto [0052], [0072]: a phase difference is obtained through the optical path difference from the optical path length, and pattern for eliminating this phase difference becomes an aberration correction pattern, that is aberration correction hologram data, i.e. second phase distribution; [0098]: a change in fluorescence in a depth direction caused by the internal structure direction under the surface of the sample B is detected. This operation is performed repeatedly while moving the optical axis of the irradiation light L1 using the optical scanner 35. Accordingly, three-dimensional information on the internal structure of the sample B is constructed, i.e. first phase distribution which corresponds to specimen-induced aberration at a sampling point of the specimen; [0095], [0098]: refractive index distribution, i.e. phase data model, is estimated from the constructed three-dimensional information; [0089]: refractive index difference directly under the surface of the sample B is measured, and an aberration correction hologram, i.e. second phase distribution, for correcting an aberration caused by the internal structure is presented to the first and second spatial light modulation 33 and 36. Hence, the aberration correction hologram is determined based on the refractive index difference and three-dimensional information which based on information at multiple sampling points, so an amount of information with respect to the aberration correction hologram, i.e. second phase distribution applied to one of the detection points, is greater than an amount of information with respect to the first phase distribution measured at one of the sample points).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN V NGUYEN whose telephone number is (571)270-0626. The examiner can normally be reached on M-F 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie Atala can be reached on 571-272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHLEEN V NGUYEN/Primary Examiner, Art Unit 2486
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