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 .
Response to Amendment
The amendment of 12/18/2025 has been entered and fully considered by the examiner.
Claims 1, 19 and 20 have been amended. Claims 12, and 16 have been canceled. Claims 1-11, 13-15, and 17-21 are currently pending in the application with claims 1, 19, and 20 being independent.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 9, 11, 14, 15, and 19-20 are rejected under 35 U.S.C. 103 as being obvious over Hosoda et al. (U.S. Publication No. 2014/0378846) hereinafter “Hosoda” in view of Luo et al. (U.S. Publication No. 2017/0181636) hereinafter “Luo”, Green (U.S. Patent No. 5,928,137) hereinafter “Green”, Shijie et al. (Chinese Publication No. CN104287689) hereinafter “Shijie”, and Bayer et al. (U.S. Publication No. 2007/0177009) hereinafter “Bayer”.
Regarding claim 1, Hosoda discloses a visualization system [see abstract, and [0032] disclosing an omni-directional viewing catheter] comprising:
a laparoscope [see FIG. 2; element 28;[0035] and [0079]; the catheter 28 can be equally replaced with an invasive device such as a laparoscope]
a camera operatively coupled to the laparoscope; [see [0033]; a planar CCD camera (i.e. a planar Charge-Coupled Device) which is coupled to light remitted from the sample through a mirror, polarizer and focusing optics and detects the light that is entered though the opening end of the laparoscope. the camera is connected to the laparoscope and processes the signals coming through the opening of the laparoscope; therefore, it is operatively coupled to the laparoscope]
a light source [See FIG. 2 and [0033]; light source 21] operatively coupled to a fiber optic illumination port of the laparoscope [see [0033]; the laser couples to an illumination switching system which in turn couples to the catheter through a fiber optic 27; the examiner notes that the catheter could be substituted with a laparoscope according to [0079]], the light source being configured to output light beam at a predetermined frequency to illuminate a target area; [see [0068]-[0070] a wavelength of 690 could be used]
and processing circuitry [computer 48; see [0033]] configured to process imaging data received by the camera to generate one or more images of the target area including at least one laser speckle contrast image [see [0033]: “light remitted from sample…is transmitted by fiber to a detector and speckle pattern forms at the detector 2x”],
wherein the laparoscope [see FIG. 2 and [0079]; the apparatus may be an invasive device such as a laparoscope]is configured to output the one or more light beams toward the target area at a distal end thereof and to collect reflected and/or scattered light from the target area via the distal end. [see [0033] of Hosoda]
Hosoda does not expressly disclose that the light beam source outputs a plurality of light beams and that the camera is disposed outside of the laparoscope and is attached and operatively coupled to the laparoscope on a sliding mount attached to the laparoscope independent from a connection between the fiber optic illumination port and the laparoscope; an adjustable polarizer cap positioned at the distal end of the laparoscope, the adjustable polarizer cap being configured to adjust a specular reflection when rotated.
Lou, directed towards field of surgical structured light systems [see abstract of Lou] further discloses that the light beam source outputs a plurality of light beams each at a predetermined frequency [see [0037] “white light having a wavelength of about 400nm to about 700nm”]
Green, directed towards video imaging using laparoscopy [see abstract and column 1, lines 10-20] that the camera [video camera head 25; see FIG. 1] is disposed outside of the laparoscope and is attached [see FIG. 1 and column 6, lines 5-15] and operatively coupled to the laparoscope independent from a connection between the fiber optic illumination port and the laparoscope. [the fiber optic connection is to the port 55 on the side of the laparoscope and is independent of the camera connection]
Shijie, directed an imaging device with a camera attached [see abstract of Shijie] that the camera [white light camera 4; see FIG. 1] is disposed outside of the laparoscope and is attached [see FIG. 1] and operatively coupled to the laparoscope on a sliding mount [sliding motion mechanism 6; see page 6, last full paragraph of the page].
Bayer, directed towards an imaging polarizer [see abstract of Bayer] discloses an adjustable polarizer cap [polarizer caps 84 or 86; see FIG. 6 and [0071]] positioned at the distal end of the laparoscope, [see FIG. 6] the adjustable polarizer cap being configured to adjust a specular reflection when rotated. [the cap 84/86 can be rotated with respect to the endoscope 82; see [0071]]
It would have been obvious to a person of ordinary skill level at the time of the filing of the invention to modify the light beam source of Hosoda and output a plurality a plurality of light beams instead of one according to the teachings of Lou in order to provide a better visual representation of the blood vessel using broadband white light compared to a narrowband single wavelength beam and provide better quantitative mapping of local blood flow dynamic [see [0006] of Lou]
Further, it would be obvious to a person of ordinary skill level in the art at the time of the filing of the invention to change the camera position of Hosoda such that camera is placed outside laparoscope and is attached and operatively coupled to the laparoscope, but it is independent from the illumination port according to the teachings of Green in order to space the camera away from the illumination port to avoid mixing the two rays of light and introduction to noise into images, and allowing the surgeon or operator with improved hand-eye coordination by placing the camera at the end of the device [see column 1, lines 23-30 of Green].
Further, it would be obvious to a person of ordinary skill level in the art at the time of the filing of the invention to change the camera position of Hosoda such that a camera attached that the camera is disposed outside of the laparoscope and is attached and operatively coupled to the laparoscope on a sliding mount according to the teachings of Shijie in order to achieve high quality signals for both fluorescence and white light optical signal simultaneously.
It would have been obvious to a person of ordinary skill level at the time of the filing of the invention to modify the design of Hosoda further such that adjustable polarizer cap positioned at the distal end of the laparoscope, the adjustable polarizer cap being configured to adjust a specular reflection when rotated according to the teachings of Bayer in order to allow for adjustment of polarization of the beam [see [0071] of Bayer]
Regarding claim 2, Hosoda discloses that the laparoscope has an angle of from about zero to thirty degrees. [see FIG. 5A and [0057] disclosing that “circumferential FOV correspond to one facet is 30 deg]
Regarding claim 3, Hosoda further discloses that the fiber optic illumination port is a single illumination port [see FIG. 2 and [0033]; a single fiber optic 23 is attached to the laparoscope indicating that there is only a single illumination port] and the laparoscope forms a common path for the imaging data received by the camera and the plurality of light beams. [see FIGs 2-4 and [0033]; the path of the light transmitted and received from the sample have a common path and forma single port: “light from the illumination fiber 34 passes through a circular polarizer 38 and onto a reflector such as a mirror 40. from reflector 40, the light is reflected toa tissue sample 29, light remitted from the sample 29 reflects from mirror 40 through the polarizer 38 where it is passed through a focusing optics 37 to fiber 35 and then to detector’ which is a CCD camera]
Regarding claim 4, Hosoda further discloses that the laparoscope is configured to be spaced from the target area from about 5 cm to about 10 cm [see [0033] of Hosoda and FIG. 2 the outer sheath 31 can be placed in short distance from the sample between 1mm to 10cm away from the sample] when the target area is illuminated by the plurality of light beams and the imaging data is received at the camera via the laparoscope. [see [0033] of Hosoda; see rejection of claim 1 for Reiter teaching of the plurality of light beams]
Regarding claim 9, Hosoda further disclose the laparoscope is operatively coupled to the light source via a fiber optic light guide [see Fig. 2 and [0033] of Hosoda; fiber optic 34].
Regarding claim 11, Hosoda further discloses that at least one of the plurality of light beams provided by the light source has a polarized pattern. [see [0033] of Hosoda disclosing that before reaching the sample, “the light from the illumination fiber 34 passes through a circular polarizer 38”. therefore, the light provided by the illumination source onto the sample would be polarized; see rejection of claim 1 for Reiter teaching of the plurality of light beams]
Regarding claim 14, Hosoda further discloses that a view of the camera is focusable, has an adjustable field of view, is magnifiable, and/or has adjustable spatial resolution based on an adjustment of one of more of the laparoscope and the camera. [see FIG. 38 and [0048]; detector includes magnifying optics detects speckle images “; further [0044] discloses that fiber bundle ferrule is attached to a focusing optics such as a GRIN lens which both magnifies and focuses the light. by using the GRIN lens, the resolution and focus of the camera can be adjusted. 37”]
Regarding claim 15, Hosoda further discloses that a crossed-polarizer positioned between the distal end of the laparoscope and a sensor of the camera. [see [0036] “circular polarization filter 38 is an optional component, a cross polarizer filter would allow only light having a polarization perpendicular to the incident light to reach the detector; the polarizer is placed at the distal end of the laparoscope and therefore it is placed between the distal end and the camera which is placed at the proximal end. see FIG. 2]
Regarding claim 19, Hosoda discloses an apparatus for laser speckle contrast imaging [apparatus of Hosoda; see abstract], the apparatus comprising: a laparoscope [see FIG. 2 ;[0035] and [0079]; the apparatus may be an invasive device such as a laparoscope] having an illumination port [see FIG. 2 and [0033] and [0038]; illumination switching system 24 connected to the distal end of the laparoscope forming a port]; and one or more image sensors operatively coupled to the laparoscope[CCD camera is operatively coupled to the distal tip of the laparoscope; see [0033] and FIG. 2]; wherein the laparoscope [see FIG. 2 ;[0035] and [0079]; the apparatus may be an invasive device such as a laparoscope] is configured to receive one or more light beams via the illumination port [see [0033] of Hosoda], output the one or more light beams toward a target area[see [0068]-[0070] a wavelength of 690 could be used], and capture one or more images of the target area via a common path.[see FIGs 2-4 and [0033]; the path of the light transmitted and received from the sample have a common path and form a single port: “light from the illumination fiber 34 passes through a circular polarizer 38 and onto a reflector such as a mirror 40. from reflector 40, the light is reflected to a tissue sample 29, light remitted from the sample 29 reflects from mirror 40 through the polarizer 38 where it is passed through a focusing optics 37 to fiber 35 and then to detector” which is a CCD camera]
Hosoda does not expressly disclose that the light beam source outputs a plurality of light beams and that the camera is disposed outside of the laparoscope and is attached and operatively coupled to the laparoscope on a sliding mount attached to the laparoscope independent from a connection between the fiber optic illumination port and the laparoscope. an adjustable polarizer cap positioned at the distal end of the laparoscope; the adjustable polarizer cap being configured to adjust a specular reflection when rotated.
Lou, directed towards field of surgical structured light systems [see abstract of Lou] further discloses that the light beam source outputs a plurality of light beams each at a predetermined frequency [see [0037] “white light having a wavelength of about 400nm to about 700nm”]
Green, directed towards video imaging using laparoscopy [see abstract and column 1, lines 10-20] that the camera [video camera head 25; see FIG. 1] is disposed outside of the laparoscope and is attached [see FIG. 1 and column 6, lines 5-15] and operatively coupled to the laparoscope independent from a connection between the fiber optic illumination port and the laparoscope. [the fiber optic connection is to the port 55 on the side of the laparoscope and is independent of the camera connection]
Shijie, directed an imaging device with a camera attached [see abstract of Shijie] that the camera [white light camera 4; see FIG. 1] is disposed outside of the laparoscope and is attached [see FIG. 1] and operatively coupled to the laparoscope on a sliding mount [sliding motion mechanism 6; see page 6, last full paragraph of the page].
Bayer, directed towards an imaging polarizer [see abstract of Bayer] discloses an adjustable polarizer cap [polarizer caps 84 or 86; see FIG. 6 and [0071]] positioned at the distal end of the laparoscope, [see FIG. 6] the adjustable polarizer cap being configured to adjust a specular reflection when rotated. [the cap 84/86 can be rotated with respect to the endoscope 82; see [0071]]
It would have been obvious to a person of ordinary skill level at the time of the filing of the invention to modify the light beam source of Hosoda and output a plurality a plurality of light beams instead of one according to the teachings of Lou in order to provide a better visual representation of the blood vessel using broadband white light compared to a narrowband single wavelength beam and provide better quantitative mapping of local blood flow dynamic [see [0006] of Lou]
Further, it would be obvious to a person of ordinary skill level in the art at the time of the filing of the invention to change the camera position of Hosoda such that camera is placed outside laparoscope and is attached and operatively coupled to the laparoscope, but it is independent from the illumination port according to the teachings of Green in order to space the camera away from the illumination port to avoid mixing the two rays of light and introduction to noise into images, and allowing the surgeon or operator with improved hand-eye coordination by placing the camera at the end of the device [see column 1, lines 23-30 of Green].
Further, it would be obvious to a person of ordinary skill level in the art at the time of the filing of the invention to change the camera position of Hosoda such that a camera attached that the camera is disposed outside of the laparoscope and is attached and operatively coupled to the laparoscope on a sliding mount according to the teachings of Shijie in order to achieve high quality signals for both fluorescence and white light optical signal simultaneously.
It would have been obvious to a person of ordinary skill level at the time of the filing of the invention to modify the design of Hosoda further such that adjustable polarizer cap positioned at the distal end of the laparoscope, the adjustable polarizer cap being configured to adjust a specular reflection when rotated according to the teachings of Bayer in order to allow for adjustment of polarization of the beam [see [0071] of Bayer]
Regarding claim 20, Hosoda discloses a visualization method comprising: providing a visualization apparatus including a laparoscope [see FIG. 2 ;[0035] and [0079]; the apparatus may be an invasive device such as a laparoscope], a camera operatively coupled to the laparoscope[CCD camera is operatively coupled to the distal tip of the laparoscope; see [0033] and FIG. 2], a light source [See FIG. 2 and [0033]; light source 21] operatively coupled to an illumination port of the laparoscope [see [0033]; the laser couples to an illumination switching system which in term couples to the catheter (which could be substituted with a laparoscope according to [0079]] outputting one or more light beams generated by the light source at predetermined frequencies via the laparoscope to illuminate a target area [see [0068]-[0070] a wavelength of 690 could be used]; capturing reflected and/or scattered light from the target area via the laparoscope.[see [0033] of Hosoda]; and processing the captured light to generate at least a laser speckle contrast image of the target area. [see [0033]: “light remitted from sample…is transmitted by fiber to a detector and speckle pattern forms at the detector 2x”].
Hosoda does not expressly disclose that the light beam source outputs a plurality of light beams and that the camera is disposed outside of the laparoscope and is attached and operatively coupled to the laparoscope on a sliding mount attached to the laparoscope independent from a connection between the fiber optic illumination port and the laparoscope. an adjustable polarizer cap positioned at the distal end of the laparoscope; the adjustable polarizer cap being configured to adjust a specular reflection when rotated.
Lou, directed towards field of surgical structured light systems [see abstract of Lou] further discloses that the light beam source outputs a plurality of light beams each at a predetermined frequency [see [0037] “white light having a wavelength of about 400nm to about 700nm”]
Green, directed towards video imaging using laparoscopy [see abstract and column 1, lines 10-20] that the camera [video camera head 25; see FIG. 1] is disposed outside of the laparoscope and is attached [see FIG. 1 and column 6, lines 5-15] and operatively coupled to the laparoscope independent from a connection between the fiber optic illumination port and the laparoscope. [the fiber optic connection is to the port 55 on the side of the laparoscope and is independent of the camera connection]
Shijie, directed an imaging device with a camera attached [see abstract of Shijie] that the camera [white light camera 4; see FIG. 1] is disposed outside of the laparoscope and is attached [see FIG. 1] and operatively coupled to the laparoscope on a sliding mount [sliding motion mechanism 6; see page 6, last full paragraph of the page].
Bayer, directed towards an imaging polarizer [see abstract of Bayer] discloses an adjustable polarizer cap [polarizer caps 84 or 86; see FIG. 6 and [0071]] positioned at the distal end of the laparoscope, [see FIG. 6] the adjustable polarizer cap being configured to adjust a specular reflection when rotated. [the cap 84/86 can be rotated with respect to the endoscope 82; see [0071]]
It would have been obvious to a person of ordinary skill level at the time of the filing of the invention to modify the light beam source of Hosoda and output a plurality a plurality of light beams instead of one according to the teachings of Lou in order to provide a better visual representation of the blood vessel using broadband white light compared to a narrowband single wavelength beam and provide better quantitative mapping of local blood flow dynamic [see [0006] of Lou]
Further, it would be obvious to a person of ordinary skill level in the art at the time of the filing of the invention to change the camera position of Hosoda such that camera is placed outside laparoscope and is attached and operatively coupled to the laparoscope, but it is independent from the illumination port according to the teachings of Green in order to space the camera away from the illumination port to avoid mixing the two rays of light and introduction to noise into images, and allowing the surgeon or operator with improved hand-eye coordination by placing the camera at the end of the device [see column 1, lines 23-30 of Green].
Further, it would be obvious to a person of ordinary skill level in the art at the time of the filing of the invention to change the camera position of Hosoda such that a camera attached that the camera is disposed outside of the laparoscope and is attached and operatively coupled to the laparoscope on a sliding mount according to the teachings of Shijie in order to achieve high quality signals for both fluorescence and white light optical signal simultaneously.
It would have been obvious to a person of ordinary skill level at the time of the filing of the invention to modify the design of Hosoda further such that adjustable polarizer cap positioned at the distal end of the laparoscope, the adjustable polarizer cap being configured to adjust a specular reflection when rotated according to the teachings of Bayer in order to allow for adjustment of polarization of the beam [see [0071] of Bayer]
Claims 5-7, 10, and 13 are rejected under 35 U.S.C. 103 as being patentable over Hosoda et al. (U.S. Publication No. 2014/0378846) hereinafter “Hosoda” in view of Luo et al. (U.S. Publication No. 2017/0181636) hereinafter “Luo”, Green (U.S. Patent No. 5,928,137) hereinafter “Green” and Shijie et al. (Chinese Publication No. CN104287689) hereinafter “Shijie” and Bayer et al. (U.S. Publication No. 2007/0177009) hereinafter “Bayer” as applied to claim 1 above and further in view of Chen et al. (U.S. Publication No. 2018/0020932) hereinafter “Chen”.
Regarding claim 5, Hosoda as modified by Lou, green, Shijie, and Bayer discloses all the limitations of claim 1 [see rejection of claim 1]
Hosoda as modified by Lou, green and Shijie further discloses that at least one light beam of the plurality of light beams has a different frequency with respect to at least one other of the plurality of light beams [see [0037] of Lou “white light having a wavelength of about 400nm to about 700nm”]
Hosoda as modified by Lou, green, Shijie, and Bayer however does not expressly discloses that at least one light beam of the plurality of light beams is in an invisible range from near-infrared (NIR) to short-wave infrared laser (SWIR) .
Chen, directed towards multispectral imaging system [see abstract of Chen] further discloses that at least one light beam of the plurality of light beams is in an invisible range from near-infrared (NIR) to short-wave infrared laser (SWIR [see [0061] of Chen disclosing that one of the two wavelengths may be in visible range and second wavelength in near infrared range 700-2500 nm]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, and Bayer further such that at least one light beam of the one or more light beams is in an invisible range from near-infrared (NIR) to short-wave infrared laser (SWIR) and according to the teachings of Chen in order to provide different ranges of transmittance through the sample allowing for imaging of shallow and deep tissue imaging at the same time in order to provide anatomical structure information provided by visible light as well as blood flow information provided by NIR light and improve on the level of information extracted from the tissue and increase the information received from the tissue [see [0003], [0004] and [0006] of Chen] Doing so would have been applying a known method of multiple frequency imaging (as taught by Chen) to a system ready form improvement (system of Hosoda) resulting in predictable and improved results of increased blood perfusion information and would have been obvious to try by a person of ordinary skill in the art (Rationale D of KSR)
Regarding claim 6, Hosoda as modified by Lou, green Shijie and Chen discloses all the limitations of claim 5 [see rejection of claim 5]
Hosoda further discloses that the target area includes a tissue structure. [sample 29 is a tissue; see [0033] ad FIG. 2 of Hosoda]
Hosoda fails to disclose that the at least one light beam has a short wave infrared wavelength and the processing circuitry is configured to generate deep tissue information.
Chen further discloses the at least one light beam has a short wave infrared wavelength [[0061] of Chen discloses that one of the light source is NIR range (700-2500nm) which is short wave infrared] and the processing circuitry is configured to generate deep tissue information. [see [0066] of Chen disclosing that one of the two wavelengths may be NIR source “penetrates deep into the sample]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, Bayer and Chen further such that the at least one light beam has a short wave infrared wavelength and the processing circuitry is configured to generate deep tissue information according to the teachings of Chen in order to be able to penetrating deep into the tissue and provide blood perfusion information not possible by the shorter wavelengths and improve on the level of information extracted from the tissue and increase the information received from the tissue [see [0003], [0004] and [0006] of Chen] Doing so would have been applying a known method of multiple frequency imaging (as taught by Chen) to a system ready form improvement (system of Hosoda) resulting in predictable and improved results of increased blood perfusion information and would have been obvious to try by a person of ordinary skill in the art (Rationale D of KSR)
Regarding claim 7, Hosoda as modified by Lou, green, Shijie, Bayer and Chen discloses all the limitations of claim 5 [see rejection of claim 5]
Hosoda as modified by Lou, green, Shijie, and Bayer does not discloses that the processing circuitry is configured to generate depth-resolved blood flow measurement.
Chen further discloses that the processing circuitry is configured to generate depth-resolved blood flow measurement. [see [0017] and [0068]-[0069] of Chen disclosing generating blood flow measurements at various depths in the tissue; [0072] disclosing using the data at various depths to generate blood low information]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, Bayer and Chen further such that the processing circuitry is configured to generate depth-resolved blood flow measurement according to the teachings of Chen in order to acquire simultaneous data regarding various parameters including blood prefusion and structure of the vascular system at the same time in a single image [see [0017] of Chen]. Doing so would have been applying a known method of multiple frequency imaging to generate depth resolved blood flow measurements (as taught by Chen) to a system ready form improvement (system of Hosoda) resulting in predictable and improved results of increased blood perfusion information for various skin depths at the same time and would have been obvious to try by a person of ordinary skill in the art (Rationale D of KSR)
Regarding claim 10, Hosoda as modified by Lou, green, Shijie, and Bayer discloses all the limitations of claim 1 [see rejection of claim 1]
Hosoda as modified by Lou, green, Shijie, and Bayer does not expressly disclose that the visualization system is configured for single-open, minimally invasive laparoscopic surgery and/or semi- or fully- autonomous surgery.
Chen further discloses that the visualization system is configured for single-open, minimally invasive laparoscopic surgery and/or semi- or fully- autonomous surgery. [see [0128] of Chen disclosing that the system can be used for endoscopic cavitary surgery, minimally invasive surgery, and robotic surgery all of which use endoscopic visualization to illuminate the tissues and organs]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, and Bayer further such that the visualization system is configured for single-open, minimally invasive laparoscopic surgery and/or semi- or fully- autonomous surgery according to the teachings of Chen in order to provide Realtime information regarding the structure and blood prefusion of the tissue under surgery to the surgeon during the procedure and increase the accuracy of diagnosis and procedure [see [0128] of Chen] Doing so would have been applying a known method of multiple frequency imaging during single-open, minimally invasive laparoscopic surgery and/or semi- or fully- autonomous surgery (as taught by Chen) to a system ready form improvement ( surgical system of Hosoda) resulting in predictable and improved results of increased blood perfusion information for various skin depths at the same time and would have been obvious to try by a person of ordinary skill in the art (Rationale D of KSR)
Regarding claim 13, Hosoda as modified by Lou, green, Shijie, and Bayer discloses all the limitations of claim 1 [see rejection of claim1]
Hosoda discloses that the processing circuitry is further configured to generate a surgical scene for vasculature including lymph nodes. [see [0076] of Hosoda]
Hosoda as modified by Lou, green, Shijie, and Bayer does not expressly disclose that the processing circuitry is further configured to generate a surgical scene for vasculature, tissue perfusion, and/other structures, including lymph nodes and tumor tissue or the processing circuitry is further configured to perform the real-time processing of the imaging data received by the camera
Chen further discloses that the processing circuitry is further configured to generate a surgical scene for vasculature, tissue perfusion, and/other structures [see [0065] and [0092] of Chen disclosing generating live images of the vasculature and tissue blood perfusion during surgery] or the processing circuitry is further configured to perform the real-time processing of the imaging data received by the camera.
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, and Bayer further such that the processing circuitry is further configured to generate a surgical scene for vasculature, tissue perfusion, and/other structures, according to the teachings of Chen in order to make the technology a viable option for sustained adoption by surgeons and providers [see [0105] of Chen] Doing so would have been applying a known method of providing a surgical scene for vasculature and tissue perfusion (as taught by Chen) to a system ready form improvement ( surgical system of Hosoda) resulting in predictable and improved results of ease of use for the intraoperative purposes and would have been obvious to try by a person of ordinary skill in the art (Rationale D of KSR)
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hosoda et al. (U.S. Publication No. 2014/0378846) hereinafter “Hosoda” in view of Luo et al. (U.S. Publication No. 2017/0181636) hereinafter “Luo”, Green (U.S. Patent No. 5,928,137) hereinafter “Green”, and Shijie et al. (Chinese Publication No. CN104287689) hereinafter “Shijie” and Bayer et al. (U.S. Publication No. 2007/0177009) hereinafter “Bayer” as applied to claim 1 above, and further in view of Marchitto et al. (U.S. Publication No. 2002/0016533) hereinafter “Marchitto”.
Regarding claim 8, Hosoda as modified by Lou, green, Shijie, and Bayer discloses all the limitations of claim 1 [see rejection of claim 1]
Even though Hosoda as modified by Lou, green, Shijie, and Bayer discloses white light source [see [0034] of Lou], Hosoda as modified by Lou ,Green, and Shijie does not disclose that the light source includes a broadband visible light source and a near-infrared light source.
Marchitto, directed towards optical imaging of the tissue with multiple light source [see abstract of Marchitto] further discloses the light source includes a broadband visible light [see [0032] of Marchitto] source and a near-infrared light source [see [0035] of Marchitto].
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, and Bayer further such that it includes a broadband visible light source and a near-infrared light source according to the teachings of Marchitto in order to provide multiple light sources such as a broadband visible light source and NIR source to be able to provide anatomical structure information provided by visible light as well as blood flow information provided by NIR light and improve on the level of information extracted from the tissue and increase the information received from the tissue. Doing so would have been applying a known method of multiple frequency imaging (as taught by Marchitto) to a system ready form improvement (system of Hosoda) resulting in predictable and improved results of increased blood perfusion information and would have been obvious to try by a person of ordinary skill in the art (Rationale D of KSR)
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hosoda et al. (U.S. Publication No. 2014/0378846) hereinafter “Hosoda” in view of Luo et al. (U.S. Publication No. 2017/0181636) hereinafter “Luo”, Green (U.S. Patent No. 5,928,137) hereinafter “Green”, and Shijie et al. (Chinese Publication No. CN104287689) hereinafter “Shijie” and Bayer et al. (U.S. Publication No. 2007/0177009) hereinafter “Bayer” as applied to claim 1 above and further in view of Krauter et al. (U.S. Patent No. 5,879,286) hereinafter “Krauter”.
Regarding claim 17 Hosoda as modified by Lou, green, Shijie, and Bayer discloses all the limitations of claim 1 [see rejection of claim 1]
Hosoda further discloses that the laparoscope is set as a single laparoscope of the visualization system. [see FIGs. 1-2 and [0079]; the laparoscope is a single laparoscopic system]
Hosoda as modified by Lou, green, Shijie, and Bayer however does not expressly discloses that the laparoscope is configured to illuminates lights and receive the imaging data by the camera such that no shadow areas are produced on the target area.
Krauter, directed towards the field of an illumination beam director [see abstract of Krauter] further discloses that the laparoscope is configured to illuminate lights and receive the imaging data by the camera such that no shadow areas are produced on the target area. [see column 2, lines 8-13 disclosing that “beam director can reduce shadowing without impacting the intensity of incident light projected on a particular target, beam director can adjustably compensate for on-axis shadowing effects as well as off axis effects to allow improved use of viewing optics”].
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, and Bayer further such that the laparoscope is set to illuminate lights and receive the imaging data by the camera such that no shadow areas are produced on the target area according to the teachings of Krauter in order to eliminate shadows on target tissues thereby enhancing the surgeons field of view. Doing so would have been applying a known method of reducing shadowing effect by illuminating light and receiving the imaging data by the camera such that no shadows are produced on the target site (as taught by Krauter) to a system ready form improvement (surgical system of Hosoda) resulting in predictable and improved results of increase in the quality of the resulting image and would have been obvious to try by a person of ordinary skill in the art (Rationale D of KSR)
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hosoda et al. (U.S. Publication No. 2014/0378846) hereinafter “Hosoda” in view of Luo et al. (U.S. Publication No. 2017/0181636) hereinafter “Luo”, Green (U.S. Patent No. 5,928,137) hereinafter “Green”, and Shijie et al. (Chinese Publication No. CN104287689) hereinafter “Shijie” and Bayer et al. (U.S. Publication No. 2007/0177009) hereinafter “Bayer” as applied to claim 1, and further in view of Reiter et al. (U.S. Publication No. 2014/0336461) hereinafter “Reiter”
Regarding claim 18, Hosoda as modified by Lou, green, Shijie, and Bayer discloses all the limitations of claim 1 [see rejection of claim 1]
Hosoda as modified by Lou, green, Shijie, and Bayer does not expressly discloses that the camera includes an RGB camera and a near-infrared camera, and the visualization system further comprising a beam splitter configured to divide an optical path to the RGB camera and the near-infrared camera.
Reiter, directed towards a laparoscope with an imaging system [see abstract of Reiter] further discloses that the camera includes an RGB camera and a near-infrared camera,[see [0069] disclosing camera 300 for capturing the patterned invisible or undetected light and second camera 400 for visible light; see also [0027] disclosing that the ray of invisible light is infrared light] and the visualization system further comprising a beam splitter configured to divide an optical path to the RGB camera and the near-infrared camera. [see [0070]; beam splitter 120 is positioned at the tip of the laparoscope 110 to facilitate the precise placement of both cameras compactly]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, and Bayer such that the camera includes an RGB camera and a near-infrared camera, and the visualization system further comprising a beam splitter configured to divide an optical path to the RGB camera and the near-infrared camera according to the teachings of Reiter in order to allow for separation of the light into the proper cameras allowing for better visualization for the surgeon. Doing so would have been applying a known device (RGB camera and NIR camera and beam splitter as taught by Reiter) to a system ready form improvement (surgical system of Hosoda) resulting in predictable and improved results of increase in the quality of the resulting image and would have been obvious to try by a person of ordinary skill in the art (Rationale A of KSR)
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hosoda et al. (U.S. Publication No. 2014/0378846) hereinafter “Hosoda” in view of Luo et al. (U.S. Publication No. 2017/0181636) hereinafter “Luo”, Green (U.S. Patent No. 5,928,137) hereinafter “Green” and Shijie et al. (Chinese Publication No. CN104287689) hereinafter “Shijie” and Bayer et al. (U.S. Publication No. 2007/0177009) hereinafter “Bayer” as applied to claim 1, and further in view of Levy (U.S. Publication No. 2011/0263938) hereinafter “Levy”.
Regarding claim 21, Hosoda as modified by Lou, green, Shijie, and Bayer discloses all the limitations of claim 1 [see rejection of claim 1]
Hosoda as modified by Lou, green, Shijie, and Bayer does not expressly discloses a second camera positioned perpendicular to the camera operatively coupled to the laparoscope, wherein the second camera is RBG camera and the camera operatively coupled to the laparoscope is a NIR camera.
Levy, directed towards a multi-camera endoscope device [see abstract of Levy] further discloses a second camera positioned perpendicular to the camera operatively coupled to the laparoscope, wherein the second camera is RBG camera and the camera operatively coupled to the laparoscope is a NIR camera. [see [0063] and FIG. 5]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Hosoda as modified by Lou, green, Shijie, and Bayer such that it further includes a second camera positioned perpendicular to the camera operatively coupled to the laparoscope, wherein the second camera is RBG camera and the camera operatively coupled to the laparoscope is a NIR camera according to the teachings of Levy in order to detect two different types of images using the same tube and increase the efficiency of the device.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MARJAN SABOKTAKIN/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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