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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`18/449,082
`
`08/14/2023
`
`Kenji Ikeda
`
`$1459.72676US01
`
`8021
`
`Sony Group Corp / Europe Limited ($1459/S1981)
`c/o Wolf, Greenfield & Sacks, P.C.
`600 Atlantic Avenue
`
`XU, XIAOYUN
`
`1797
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/24/2025
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`Patents_eOfficeAction @ WolfGreenfield.com
`Sony_eOfficeAction @ WolfGreenfield.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`18/449,082
`Ikeda et al.
`
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`
`XIAOYUNRXU, Ph. D. 1797 Yes
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 2 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 01/08/2025.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`21-40 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 21-40is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)7) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [[] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20250117
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`The amendmentfiled on 01/08/2025 has been entered and fully considered.
`
`Claims 21-40 are pending, of which claim 21 and 40 are amended.
`
`Response to Amendment
`
`2.
`
`In response to amendment, the examiner maintains rejection over the prior art
`
`established in the previous Office action.
`
`Notice of Pre-AlA or AIA Status
`
`3.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthe first inventor to file provisions of the AIA.
`
`Double Patenting
`
`4.
`
`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 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); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timelyfiled terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
`
`may be used to overcome an actualor provisional rejection based on nonstatutory
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly owned with the examined application, or claims an invention made as a
`
`result of activities undertaken within the scopeof a joint research agreement. See
`
`MPEP § 717.02 for applications subject to examination underthe first inventor to file
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 3
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146et seq.for
`
`applications not subject to examination underthe first inventor to file provisions of the
`
`AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`The filing of a terminal disclaimerbyitself is not a complete reply to a
`
`nonstatutory double patenting (NSDP)rejection. A complete reply requires that the
`
`terminal disclaimer be accompanied by a reply requesting reconsideration of the prior
`
`Office action. Even where the NSDP rejection is provisional the reply must be complete.
`
`See MPEP § 804, subsection |.B.1. For a reply to a non-final Office action, see 37 CFR
`
`1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for
`
`reconsideration while not provided for in 37 CFR 1.113(c) may befiled after final for
`
`consideration. See MPEP §§ 706.07(e) and 714.13.
`
`The USPTOInternet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The actualfiling date of the
`
`application in which the form is filed determines what form (e.g., PTO/SB/25,
`
`PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal
`
`Disclaimer may befilled out completely online using web-screens. An eTerminal
`
`Disclaimer that meets all requirements is auto-processed and approved immediately
`
`upon submission. For more information about eTerminal Disclaimers, refer to
`
`www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
`
`5.
`
`Claim 21-40 are rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claim 1-17 of U.S. Patent No. 11,761,895. Although the claims
`
`at issue are notidentical, they are not patentably distinct from each other because both
`
`the instant claims and the currently patented claims expressly recite the same subject
`
`matter, it would have been obvious to one ofordinary skill in the art at the time the
`
`invention was made to employ both device and methods, asrecited in both sets of
`
`claims.
`
`6.
`
`The text of those sections of Title 35, U.S. Code not included in this action can
`
`Claim Rejections - 35 USC § 103
`
`be found in a prior Office action.
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 4
`
`7.
`
`Claim(s) 21-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Sakai (EP 3043168, IDS).
`
`Regarding claim 21, Sakai discloses an information processing apparatus
`
`(abstract) comprising:
`
`a fluorescence signal acquisition unit that acquires a plurality of fluorescence
`
`spectra (Fig. 3(B), par [0024]), the fluorescence stained specimen being created by
`
`staining a specimenwith a fluorescence reagent (par [0022));
`
`a link unit that generates a linked fluorescence spectrum bylinking at least parts
`
`of the plurality of fluorescence spectra corresponding to the excitation light to each other
`
`in a wavelength direction (prestored reference spectrum), wherein data segments of a
`
`predetermined spectral width are extracted from respective onesof the plurality of
`
`fluorescence spectra and the extracted data segments arelinked together end-to-end
`
`(with some overlap) in the wavelength direction to form the linked fluorescence
`
`spectrum (Fig. 3(A), par [0033]);
`
`a separation unit that separates the linked fluorescence spectrum into spectra for
`
`every fluorescent substance using a reference spectrum including a linked
`
`autofluorescence reference spectrum in which spectra of autofluorescent substancesin
`
`the specimen arelinked to each other in the wavelength direction and a linked
`
`fluorescence reference spectrum in which the spectra of the fluorescent substancesin
`
`the fluorescence stained specimenarelinked to each other in the wavelength direction
`
`(Fig. 3(C), par [0042][0047]); and
`
`an extraction unit that updates the linked autofluorescence reference spectrum
`
`using the spectra for every fluorescent substance separated by the separation unit (par
`
`[0008][0012)).
`
`Sakai does not specifically disclose a plurality of excitation lights having different
`
`wavelengths andirradiated to a fluorescence stained specimen. However, since the
`
`plurality of fluorophores have absorption peaks having different wavelength, a plurality
`
`of excitation lights having different wavelengths corresponding to the wavelength of the
`
`absorption peak would generate mostof the fluorescence emission intensity of the
`
`fluorophores. Thus, it would have been obvious to oneof ordinary skill in the art to use a
`
`plurality of excitation lights having different wavelengths and irradiated to a fluorescence
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 5
`
`stained specimen labeled with plurality of fluorophores, in order to obtain the mostof the
`
`fluorescence emission intensity.
`
`Regarding claim 22, Sakai discloses that wherein the extraction unit extracts the
`
`linked autofluorescence reference spectrum from a linked autofluorescence spectrum
`
`generated bylinking at least parts of a plurality of autofluorescence spectra to each
`
`other in the wavelength direction (par [0036][0042]), the plurality of autofluorescence
`
`spectra being acquired byirradiating a section with excitation light, and the section
`
`being the same as or similar to the specimen (par [0033]). Again, it would have been
`
`obvious to one of ordinary skill in the art to irradiate a section with the plurality of
`
`excitation light, in order to obtain the corresponding autofluorescence atthe plurality of
`
`excitation light.
`
`Regarding claim 23, Sakai discloses that wherein the extraction unit extracts the
`
`linked autofluorescence reference spectrum by performing nonnegative matrix
`
`factorization using the linked autofluorescence spectrum generated bylinking at least
`
`parts of a plurality of autofluorescence spectra to each otherin the wavelength direction
`
`(par [0038]), the plurality of autofluorescence spectra being acquired byirradiating the
`
`section with excitation light, and the section being the same asor similar to the
`
`specimen (par [0033]). Again, it would have been obvious to one of ordinary skill in the
`
`art to irradiate a section with the plurality of excitation light, in order to obtain the
`
`corresponding autofluorescence atthe plurality of excitation light.
`
`Regarding claim 24, Sakai discloses that wherein the extraction unit extracts the
`
`linked autofluorescence reference spectrum by setting an initial value in the non-
`
`negative matrix factorization using an autofluorescence spectrum acquired in advance
`
`(par [0038)).
`
`Regarding claim 25, Sakai discloses that wherein the separation unit separates
`
`the linked fluorescence spectrum into the spectra for every fluorescent substance using
`
`any one of a least square method or a weighted least square method using the
`
`reference spectrum (par [0042]).
`
`Regarding claim 26, Sakai discloses that wherein the separation unit separates
`
`the linked fluorescence spectrum into the spectra for every fluorescent substance by
`
`setting a matrix representing the linked fluorescence spectrum as Signal (yi), setting a
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 6
`
`matrix representing the reference spectrum as St (X), setting a matrix representing a
`
`color mixture rate of each of the reference spectra in the linked fluorescence spectrum
`
`as a, and calculating the matrix a (a) representing the color mixture rate when a sum of
`
`squares of values represented bythe following Equation (1) becomes minimum (Eq. 2,
`
`par [0042]).
`
`Regarding claim 27, Sakai discloses that wherein the separation unit separates
`
`the linked fluorescence spectrum into the spectra for every fluorescent substance using
`
`the reference spectrum including the linked autofluorescence reference spectrum and
`
`the linked fluorescence reference spectrum, which are calculated on a basis of the
`
`number of fluorescent molecules or the number of antibodies bound to the fluorescent
`
`molecules, or the reference spectrum including the linked autofluorescence reference
`
`spectrum and the linked fluorescence reference spectrum for each of the fluorescent
`
`molecules or for each of the antibodies (par [0031] [0042]).
`
`Regarding claim 28, Sakai discloses that wherein the separation unit separates
`
`the linked fluorescence spectrum into the spectra for every fluorescent substance by
`
`performing non-negative matrix factorization on the linked fluorescence spectra (par
`
`[0038)).
`
`Regarding claim 29, Sakai discloses that wherein the separation unit specifies a
`
`correspondence betweenthe fluorescent substance and the extracted spectrum by
`
`calculating a product momentcorrelation coefficient with an initial value used for the
`
`non- negative matrix factorization for a spectrum extracted by the nonnegative matrix
`
`factorization (par [(0038][0042)).
`
`Regarding claim 30, Sakai discloses that wherein the link unit corrects the
`
`plurality of fluorescence spectra, andlinks at least parts of the plurality of fluorescence
`
`spectra after being corrected to each other in the wavelength direction (an i-th
`
`photodetector) (par [0042][0043)).
`
`Regarding claim 31, Sakai discloses that wherein the link unit corrects intensities
`
`of the plurality of fluorescence spectra (par [0042][0043]).
`
`Regarding claim 32, it is conventional to correct the intensities of the plurality of
`
`fluorescence spectra by dividing the plurality of fluorescence spectra by an excitation
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 7
`
`powerdensity, because the intensity of fluorescenceis positively related to the
`
`excitation power density.
`
`Regarding claim 33, it is conventional to correct a wavelength resolution of at
`
`least one of the plurality of fluorescence spectra to a wavelength resolution different
`
`from a wavelength resolution of another fluorescence spectrum for comparison purpose.
`
`Regarding claim 34, Sakai discloses that wherein the link unit extracts
`
`fluorescence spectra in wavelength bandsincluding intensity peaks from each of the
`
`plurality of fluorescence spectra, and generatesthe linked fluorescence spectrum by
`
`linking the extracted fluorescence spectra to each other (par [0042]).
`
`Regarding claim 35, Sakai discloses that wherein the linked fluorescence
`
`spectrum is discontinuously linked in the wavelength direction amongtheplurality of
`
`fluorescence spectra (Fig. 3(A)(B)).
`
`Regarding claim 36, Sakai discloses that wherein the fluorescence signal
`
`acquisition unit acquiresfirst image data which is obtained by imaging the fluorescence
`
`stained specimen and includesthe plurality of fluorescence spectra (Fig. 3(A)(B), par
`
`[0042]), and
`
`the separation unit separates the first image data into the spectra for every
`
`fluorescent substance by performing non-negative matrix factorization on a first Gram
`
`matrix of the first image data (par [0038][0042)).
`
`Regarding claim 37, Sakai discloses that wherein the separation unit calculates
`
`the first Gram matrix by convolving a second Gram matrix of each of a plurality of
`
`second image data obtained by dividing the first image data (par [0043][0046)).
`
`Regarding claim 38, Sakai discloses that wherein the fluorescence signal
`
`acquisition unit acquiresfirst image data by imaging the specimen that is nonstained
`
`and irradiated with the excitation light (par [0033]), and
`
`the extraction unit extracts the spectra for every autofluorescent substance from
`
`the first image data by performing non-negative matrix factorization on a first Gram
`
`matrix of the first image data, and updatesthe linked autofluorescence reference
`
`spectrum using the extracted spectra for every autofluorescent substance(par
`
`[0038][0042][0046)).
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 8
`
`Regarding claim 39, Sakai does not specifically disclose that wherein
`
`wavelengths at boundaries between the linked together data segments are not
`
`continuous. However, a personskilled in the art would have recognized that for Sakai’s
`
`algorithm of summarize wavelength fluorescence spectra to fit a measured spectrum,
`
`the keyis to identify the important peaksin the fluorescence spectrum and use a
`
`suitable curvefitting algorithm to extract the underlying patterns andfit it to the
`
`measured spectrum. Therefore, whether wavelengths at boundaries betweenthe linked
`
`together data segments are continuous or notis irrelevant.
`
`Regarding claim 40, Sakai discloses a microscope system comprising:
`
`a light source thatirradiates a fluorescence stained specimen with an excitation
`
`light (par [0054]), the fluorescence stained specimen being created by staining a
`
`specimen with a fluorescence reagent(par [0022]);
`
`an imaging apparatus that acquires a plurality of fluorescence spectra
`
`corresponding to the excitation light (par [0054]); and
`
`a non-transitory computer readable medium storing instructions that, when
`
`executed by processing circuitry, perform a process using the plurality of fluorescence
`
`spectra (par [0056]), the process comprising:
`
`generating a linked fluorescence spectrum bylinking at least parts of the plurality
`
`of fluorescence spectra corresponding to the excitation light to each otherina
`
`wavelength direction, wherein data segments are extracted from respective ones of the
`
`plurality of fluorescence spectra and the extracted data segmentsare linked together
`
`end-to-end (with some overlap) in the wavelength direction to form the linked
`
`fluorescence spectrum (Fig. 3(A)(B), par [0033]);
`
`separating the linked fluorescence spectrum into spectra for every fluorescent
`
`substance using a reference spectrum including a linked autofluorescence reference
`
`spectrum in which spectra of autofluorescent substancesin the specimenarelinked to
`
`each otherin the wavelength direction and a linked fluorescence reference spectrum in
`
`which the spectra of the fluorescent substancesin the fluorescence stained specimen
`
`are linked to each otherin the wavelength direction (Fig. 3(C), par [0042][0047));
`
`updating the linked autofluorescence reference spectrum using the separated
`
`spectra for every fluorescent substance(par [0008][0012)).
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 9
`
`When Sakai extracts data from each of prestrored reference spectra, the spectral
`
`width has to be pre-determined, because the spectral width has to be wide enough to
`
`include the spectral width of the peak of interest to be extracted, and not to be so wide
`
`as to waist the storage space in computer database. Thus, a person skilled in the art
`
`would have been motivated to predetermine the spectral width of the plurality of
`
`fluorescence spectra to be extracted. Further, a computer software for the extraction
`
`would have to require a predetermined spectral width for the programming. Fig. 3C of
`
`Sakai showsthat the extracted datais linked together in the wavelength direction to
`
`form the linked fluorescence spectrum.
`
`Sakai teaches that “However, the intensity and the pattern of autofluorescence
`
`vary from subpopulation to subpopulation. Accordingly, the computation in which the
`
`same average value is subtracted from each ofall of the populations causes an errorin
`
`the computation value of the fluorescenceintensity. In particular, if a variation in
`
`autofluorescence among subpopulations to be analyzedis significant, the error
`
`increases.” (par [0008]). “In computing fluorescenceintensities, the fluorescence
`
`intensity of each of the fluorochromes and the autofluorescence intensity can be
`
`computed by approximating a measured spectrum obtained bycollecting detection
`
`values of the photodetectors with a linear sum of a simple stainning spectrum obtained
`
`from the microparticle labeled with one of the fluorochromes and an autofluorescence
`
`spectrum obtained from the micro particle that is not labeled with any one of the
`
`fluorochromes. By performing computation while taking into account the
`
`autofluorescence componentof the microparticle, the autofluorescence componentthat
`
`varies from subpopulation to subpopulation can be accurately computed and, therefore,
`
`the occurrence of a measurementerror caused by a variation in the autofluorescence
`
`intensity from subpopulation to subpopulation can be prevented”(par [0012]).” Here,
`
`Sakai teaches that because the autofluorescence vary from subpopulation to
`
`subpopulation, each autofluorescence has to be computed.
`
`Again, Sakai does not specifically disclose a plurality of excitation lights having
`
`different wavelengths and acquiresa plurality of fluorescence spectra corresponding to
`
`each ofthe plurality of excitation lights. However, since the plurality of fluorophores
`
`have absorption peaks having different wavelength, a plurality of excitation lights having
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 10
`
`different wavelengths corresponding to the wavelength of the absorption peak would
`
`generate mostof the fluorescence emission intensity of the fluorophores. Thus, it would
`
`have been obvious to one ofordinary skill in the art to use a plurality of excitation lights
`
`having different wavelengths and acquiresa plurality of fluorescence spectra
`
`corresponding to eachof the plurality of excitation lights, in order to obtain the mostof
`
`the fluorescence emission intensity.
`
`8.
`
`Applicant's argumentsfiled 01/08/2025 have been fully considered but they are
`
`Responseto Arguments
`
`not persuasive.
`
`Applicant argues that “However, Sakai does not describe a plurality of
`
`fluorescence spectra corresponding to each of a plurality of excitation lights. Nor does
`
`Sakai describe linking parts of the plurality of fluorescence spectra corresponding to
`
`each ofthe plurality excitation lights. The Sakai disclosure of a light beam emitted onto
`
`a microparticle cannot reasonably beinterpreted as a disclosureof a plurality of
`
`excitation lights.” (remark, page 9-10).
`
`This argumentis not persuasive. Sakai does not specifically disclose a plurality
`
`of excitation lights having different wavelengths and acquiresa plurality of fluorescence
`
`spectra corresponding to each ofthe plurality of excitation lights. However, since the
`
`plurality of fluorophores have absorption peaks having different wavelength, a plurality
`
`of excitation lights having different wavelengths corresponding to the wavelength of the
`
`absorption peak would generate mostof the fluorescence emission intensity of the
`
`fluorophores. Thus, it would have been obvious to one of ordinary skill in the art to use a
`
`plurality of excitation lights having different wavelengths and acquiresa plurality of
`
`fluorescence spectra corresponding to each ofthe plurality of excitation lights, in order
`
`to obtain the mostof the fluorescence emission intensity.
`
`Applicant argues that “Moreover, Sakai does not describe that the measured
`
`spectra are linked together end-to-end in a wavelength direction to form a linked
`
`fluorescence spectrum.” (remark, page 10).
`
`Examinerrespectfully disagrees. When Sakai extracts data from each of
`
`prestrored reference spectra, the spectral width has to be pre-determined, because the
`
`

`

`Application/Control Number: 18/449,082
`Art Unit: 1797
`
`Page 11
`
`spectral width has to be wide enough to include the spectral width of the peakof interest
`
`to be extracted, and not to be so wide as to waist the storage space in computer
`
`database. Thus, a person skilled in the art would have been motivated to predetermine
`
`the spectral width of the plurality of fluorescence spectra to be extracted. Further, a
`
`computersoftware for the extraction would have to require a predetermined spectral
`
`width for the programming. Fig. 3C of Sakai showsthat the extracted datais linked
`
`together in the wavelength direction to form the linked fluorescence spectrum.
`
`mart
`READING CF
`PUORESCENCE
`Ne
`WAVEENGI
`OASTRIBUTIONS
`
`FIG, 3
`
`MEASUREMENT
`EASURE
`FORMATION
`
`
`
`
`aveene |
`ANALYSIS OF
`BXSIVERSE
`MATRIC
`|
`|
`
`
`oO
`
`
`
`
`—--——-~
`
`(AVNMEASUREMENToFSIMPLE STAINED SAMPLE
`(READING OF FLUORESCENCE WAVELENGTH
`DISTRIBUTIONS}
`
`panna a aeerstite
`
`(3! MEASUREMENT OF SAMPLE
`
`(C) HIGH-PRECISION AUTOMATIC
`FLUORESCENCE COMPENSATION
`(ANALYSIS OF INVERSE MATRIS
`
`Conclusion
`
`9.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`
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`MONTHS from the mailing date of this action. In the eventafirst reply is filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`

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`Application/Control Number: 18/449,082
`Art Unit: 1797
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`Page 12
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`extension fee pursuantto 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`10.=Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to XIAOYUN R XU, Ph. D. whose telephone numberis
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`(571)270-5560. The examiner can normally be reached M-F 8am-5pm.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO AutomatedInterview Request
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`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Lyle Alexander can be reached on 571-272-1254. The fax phone numberfor
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`the organization wherethis application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of published or unpublished applications may be
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`obtained from Patent Center. Unpublished application information in Patent Centeris
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`available to registered users. To file and manage patent submissions in Patent Center,
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`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
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`center for more information about Patent Center and
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`https:/Awww.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
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`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
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`(toll-free). If you would like assistance from a USPTO CustomerService
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`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
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`/XIAOYUNRXU, Ph.D./
`Primary Examiner, Art Unit 1797
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`