DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 5/19/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 and 5-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “calculate red and green fluorescence intensities for the one or more areas of bacterial presence in the wound based on the detected bacterial autofluorescence signals” then further recites “wherein the representation of the one or more areas of bacterial presence in and around the wound comprises one or more fluorescence representations of the bacterial presence in and around the wound, wherein at least one of the one or more fluorescence representations is highlighted or color-coded to correspond to one or more of a fluorescence intensity, a location of significant porphyrin red fluorescence, and a type of bacteria in and around the wound” (Claim 10 also recites similar limitations). However, it is not clear how calculation of red and green fluorescence intensities for the one or more areas of bacterial presence provides “bacterial presence in and around the wound comprises one or more fluorescence representations of the bacterial presence in and around the wound”. In other words, it is not clear what process takes place in between those two steps to indicate “bacterial presence in and around the wound comprises one or more fluorescence representations of the bacterial presence in and around the wound”. As best understood in light of the specification, in the most pertinent section, it appears to be based on the calculations of those red and green fluorescence intensities and using those intensities, a map is formed in the wound region to show biodistribution of bacteria within the wound (see e.g., [0123], [0175], [0199]).
Therefore, the claims are deemed to be indefinite.
Claim 10 recites the limitation of “portable device for outputting a representation of a wound in tissue, the device comprising: a wireless communication device… light source… power supply… wireless communication device comprising an optical sensor… processor… filter… and a display” yet it is not clear what (or how) the relationship of all these individual components are to each other. As best understood in light of the specification, in the most pertinent section, it appears to be “The device may have a housing 20 that houses all the components in one entity” [0076]; “a portable housing configured to be held in a user's hand during imaging. The housing contains a lens, a filter, an image sensor, and a processor (abst; also see [0015]-[0017])”
Therefore, the claims are deemed to be indefinite.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SERKAN AKAR whose telephone number is (571)270-5338. The examiner can normally be reached 9am-5pm M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at 571-272 7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SERKAN AKAR/ Primary Examiner, Art Unit 3797
Prosecution Insights