DETAILED ACTION
This action is in response to application 19/344,306 filed on 09/25/2025.
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 .
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
4. Claims 20-38 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,510,744 B1 in view of Matsumoto (US Pub. No.: 2018/0267283 A1).
Furthermore, although the conflicting claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No.: 12,510,744 B1 claims:
Instant Application: 19/344,306
Note: bold and underlined fonts means same features between instant application and conflicting appl.
Conflicting Application: 19/270,264
→ now US Patent No.: 12,510,744 B1
Claim [20]: A method of volumetric imaging of a sample, the method comprising: a) providing a three-dimensional sample disposed on a stage; b) providing an imaging module configured to create an image, the imaging module comprising an objective lens configured to transmit photons from one or more object planes within the sample to one or more sensors, wherein the imaging module comprises a spinning disk; and c) moving the objective lens relative to the sample while simultaneously using the imaging module to acquire a series of images corresponding to a plurality of object planes within the sample.
Claim [1]: A method of imaging a sample, the method comprising: (a) providing: (i) said sample disposed adjacent to a stage, wherein said sample has a thickness of at least 10 micrometers (μm); and (ii) an imaging module configured to create an image, said imaging module comprising an objective lens configured to transmit photons from one or more object planes within said sample to one or more sensors in optical communication with said objective lens; (b) moving said objective lens relative to said sample while simultaneously using said imaging module to acquire a series of images corresponding to a plurality of object planes within said sample, wherein said objective lens is moving with a velocity of at least about 0.5 μm s-1; and (c) extracting signals from said series of images within 120 seconds of acquiring said series of images.
Claim [21]: The method of claim 20, wherein said series of images correspond to a plurality of adjacent object planes within said three-dimensional sample.
Claim [2]: The method of claim 1, wherein said series of images correspond to a plurality of adjacent object planes within said sample.
Claim [22]: The method of claim 20, wherein said one or more sensors comprises a complementary metal-oxide-semiconductor (CMOS) sensor.
Claim [3]: The method of claim 1, wherein said one or more sensors comprises a complementary metal-oxide-semiconductor (CMOS) sensor.
Claim [23]: The method of claim 20, wherein said one or more sensors comprises an array of pixels.
Claim [4]: The method of claim 1, wherein said one or more sensors comprises an array of pixels.
Claim [24]: The method of claim 20, wherein said imaging module is a confocal microscope.
Claim [5]: The method of claim 1, wherein said imaging module is a confocal microscope.
Claim [25]: The method of claim 20, wherein said imaging module is a light sheet microscope.
Claim [6]: The method of claim 1, wherein said imaging module is a light sheet microscope.
Claim [26]: The method of claim 20, wherein said three-dimensional sample has a thickness of at least 100 μm.
Claim [7]: The method of claim 1, wherein said samples has a thickness of at least 100 μm.
Claim [28]: The method of claim 20, wherein said three-dimensional sample is a tissue sample.
Claim [10]: The method of claim 1, wherein said sample is a tissue sample.
Claim [29]: The method of claim 28, wherein said tissue sample is a cleared and hydrogel stabilized tissue sample.
Claim [11]: The method of claim 10, wherein said tissue sample is a cleared and hydrogel stabilized tissue sample.
Claim [30]: The method of claim 20, wherein (c) comprises imaging a region within said three-dimensional sample multiple times.
Claim [12]: The method of claim 1, wherein (b) comprises imaging a region within said sample multiple times.
Claim [31]: The method of claim 20, wherein said signals are fluorescence signals.
Claim [13]: The method of claim 1, wherein said signals are fluorescence signals.
Claim [32]: The method of claim 31, wherein said fluorescence signals provide information related to expression of ribonucleic acid (RNA) in said three-dimensional sample.
Claim [14]: The method of claim 13, wherein said fluorescence signals provide information related to expression of ribonucleic acid (RNA) in said sample.
Claim [33]: The method of claim 32, wherein said fluorescence signals provide information related to expression of at least 500 RNA in said three-dimensional sample.
Claim [15]: The method of claim 14, wherein said fluorescence signals provide information related to expression of at least 500 RNA in said sample.
Claim [34]: The method of claim 20, wherein said series of images comprises a video.
Claim [16]: The method of claim 1, wherein said series of images comprises a video.
Claim [35]: The method of claim 20, wherein said one or more sensors comprises a rolling shutter sensor.
Claim [17]: The method of claim 1, wherein said one or more sensors comprises a rolling shutter sensor.
Claim [36]: The method of claim 20, wherein (c) comprises illuminating said three-dimensional sample with a laser.
Claim [18]: The method of claim 1, wherein (b) comprises illuminating said sample with a laser.
Claim [37]: The method of claim 20, wherein (c) comprises acquiring said series of images at a rate of at least about 100,000,000 voxels/second on each of two or more wavelength channels.
Claim [19]: The method of claim 1, wherein (b) comprises acquiring said series of images at a rate of at least about 100,000,000 voxels/second on each of two or more wavelength channels.
Claim [38]: The method of claim 20, wherein said three-dimensional sample comprises at least 500,000 cells.
Claim [20]: The method of claim 1, wherein said sample comprises at least 500,000 cells.
However, examiner notes that Matsumoto (US Pub. No.: 2018/0267283 A1) teaches the unique limitations in the instant application regarding Matsumoto discloses a method of volumetric imaging of a sample (see fig. 11, paragraph [0083]), the method (see fig. 11) comprising: providing a sample (see fig. 1 unit B) disposed on a stage (see fig. 1 unit 31); an imaging module (see fig. 1 unit 1A, paragraph [0036]) configured to create an image (see paragraph [0051]), said imaging module (see fig. 1 unit 1A) comprising an objective lens (see fig. 1 unit 32); moving (see fig. 1 unit 33, paragraph [0045]) the objective lens (see fig. 1 unit 32) relative to said sample (see fig. 1 unit B); and acquiring a series of images (see paragraphs [0062] and [0070]).
Therefore, it 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 could recognize the advantage of providing a method and system for volumetric imaging by modifying Pratt’s teachings in the present US Patent No.: 12,510,744 B1 for the purpose of wherein said objective lens is moving with a velocity of at least about 0.5 μm s-1; and (c) extracting signals from said series of images within 120 seconds of acquiring said series of images, thereby improving volumetric imaging of a sample quality and efficiency.
Allowable Subject Matter
5. The following is a statement of reasons for the indication of allowable subject matter:
Claims 20-38 of the instant application would be allowable provided obviousness type double patenting rejection above is overcome.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takaya et al. (US Patent No.: 9,279,973 B2) discloses image processing apparatus, fluorescence microscope apparatus, and image processing program.
Kokota et al. (US Patent No.: 11,187,581 B2) discloses micro-spectrometry measurement method and system.
Pontius (US Patent Number: 5,619,371) discloses confocal optical microscopy system for multi-layer data storage and retrieval.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Carter whose telephone number is (571)270-1220. The examiner can normally be reached on M-F 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached on 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.B.C/Examiner, Art Unit 2485
/JAYANTI K PATEL/Supervisory Patent Examiner, Art Unit 2485 August 20, 2026
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