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 .
DETAILED ACTION
1. Applicant’s election without traverse of Species I in the reply filed on 9/392025 is acknowledged. Claims 103-104, 138-139, 166, 173-174 are withdrawn from further consideration at this time.
Information Disclosure Statement
2. The information disclosure statement(s) (IDS) submitted between 12/22/2022 and 8/14/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are 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.
3. Claims 1-2, 5-6, 21, 36, 50, 64-65, 67, 71, 83, 208-209, and 253 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Butte (US PGPub 2016/0364858) [hereafter Butte].
4. As to claim 1, Butte discloses an imaging system (imaging system as shown in Figures 4 and 6) for imaging an emission light, the system comprising: (a) an excitation channel to receive an excitation light (NIR Laser 01); (b) an excitation diffuser (diffuser 10) that diffuses the excitation light; (c) a visible channel to receive and direct a visible light (white light 06) to a sample; (d) an optical device (window 11) directing the diffused excitation light to the sample and allowing the emission light and a reflected visible light to pass therethrough to an imaging assembly; and (e) the imaging assembly comprising: (i) a first notch filter (notch filter 03); (ii) a lens (VIS-NIR lens 12); and (iii) an image sensor (CCD camera 04) configured to detect both the emission light and the reflected visible light from the sample and configured to generate image frames based on the emission light and the reflected visible light (Paragraphs 0016-0020, 0038-0041, an imaging system for simultaneously recording visible light image and an infrared light image from fluorescent dye of a sample/subject includes a channel that receives light from an NIR laser and directs the light to a diffuser before being projected onto a subject through a window in order for the subject to emit fluorescent light that is transmitted to a CCD camera while a white light is emitted through a channel that receives the white light and directs the light towards a diffuser before being projected onto a subject through a window in order for the subject to be illuminated with the white light and the reflected white light is transmitted to a CCD camera through a notch filter and a lens in order for a visible light image of the subject to be generated and further generating a composite image of the infrared and visible light images).
5. As to claim 2, Butte discloses a longpass filter or a second notch filter (notch filter 02), or a longpass filter and a second notch filter, wherein the emission light and the reflected visible light are directed from the sample through a notch beam splitter, the first notch filter, the longpass filter, the lens, and/or the second notch filter, or combination of one or more of the foregoing in any order (Paragraphs 0016-0018, the imaging system includes a second notch filter while the first notch filter directs emission and reflected light from the sample to the CCD camera through the VIS-NIR lens).
6. As to claim 5, Butte discloses the excitation light has a wavelength of about 650 nm to about 1000 nm, 700 nm to about 800 nm, about 800 nm to about 950 nm, about 775 nm to about 795 nm, or about 785 nm, or any combination of the foregoing and the visible light has a wavelength of about 400 nm to about 800 nm (Paragraphs 0016, 0018, 0045-0046, 0054, the NIR laser has a wavelength of 785nm while the white light has a wavelength of 400-700nm).
7. As to claim 6, Butte discloses the emission light is emitted by a fluorophore within the sample and wherein the sample comprises at least one of a tissue, a physiological structure, or an organ (Paragraphs 0016, 0018, 0031-0034, 0039, light is emitted by fluorophores of a sample of tissue, an organ, etc.).
8. As to claim 21, Butte discloses at least one of the first notch filter or the second notch filter has a width greater than a spectral width of a source of excitation light and block or attenuate or inhibit or reduce the excitation light from passing therethrough (Paragraphs 0016, 0018, 0056-0058, the notch filter blocking range is 760-810nm).
9. As to claim 36, Butte discloses the longpass filter (collimating lens 09) comprises a visible light attenuator configured to transmit near infrared or infrared wavelengths (Paragraphs 0016, 0018, the imaging system includes a collimating lens that passes/transmits near infrared or infrared wavelengths of light).
10. As to claim 50, Butte discloses an imaging platform (as shown in Figure 9) for imaging an emission light emitted by a fluorophore, the platform comprising: (a) the imaging system of claim 1; and (b) an imaging station comprising: (i) a non-transitory computer-readable storage media encoded with a computer program including instructions executable by a processor to receive image frames from the image sensor via an imaging capable, a wireless connection, or both; and (ii) an input device (Paragraphs 0067-0070, a computer system includes the imaging system as well as non-transitory CRM 960 including programs executable by one or more processors 930 and one or more input devices 910).
11. As to claim 64, Butte discloses a method for imaging an emission light emitted by a fluorophore, the method comprising: (a) emitting an excitation light; (b) diffusing the excitation light; (c) receiving and directing a visible light to a sample; (d) directing the diffused excitation light to the sample; (e) directing the emission light and a reflected visible light to an imaging assembly; (f) filtering the excitation light and the reflected visible light from the emission light; (g) detecting both the emission light and the reflected visible light from the sample to generate image frames based on the emission light and the reflected visible light (Paragraphs 0016-0020, 0038-0041, an imaging system for simultaneously recording visible light image and an infrared light image from fluorescent dye of a sample/subject includes a channel that receives light from an NIR laser and directs the light to a diffuser before being projected onto a subject through a window in order for the subject to emit fluorescent light that is transmitted to a CCD camera while a white light is emitted through a channel that receives the white light and directs the light towards a diffuser before being projected onto a subject through a window in order for the subject to be illuminated with the white light and the reflected white light is transmitted to a CCD camera through a notch filter and a lens in order for a visible light image of the subject to be generated and further generating a composite image of the infrared and visible light images).
12. As to claim 65, Butte discloses the fluorophore is within the sample and wherein the sample comprises at least one of a tissue, a physiological structure, or an organ (Paragraphs 0016, 0018, 0031-0034, 0039, light is emitted by fluorophores of a sample of tissue, an organ, etc.).
13. As to claim 67, Butte discloses filtering the excitation light and the reflected visible light from the emission light comprises directing the emission light and the reflected visible light from the sample through a notch beam splitter, a first notch filter, a longpass filter, a lens, and a second notch filter or any combination of the foregoing (Paragraphs 0016, 0018, the excitation and reflected light from the sample are directed towards the CCD camera through a folder mirror, a notch filter, and the VIS-NIR lens).
14. As to claim 71, Butte discloses the visible light has a wavelength of about 400 nm to about 800 nm and the excitation light has a wavelength of about 775 nm to about 950 nm (Paragraphs 0016, 0018, 0045-0046, 0054, the NIR laser has a wavelength of 785nm while the white light has a wavelength of 400-700nm).
15. As to claim 83, Butte discloses filtering the emission light and the reflected visible light comprises blocking light having a wavelength of about 775 nm to about 795 nm from passing therethrough (Paragraph 0018, notch filter 03 blocks excitation light).
16. As to claim 208, Butte discloses a method of imaging an abnormal tissue, cancer, tumor, vasculature or structure in a sample from a subject, the method comprising producing an image of the vasculature or structure by imaging fluorescence using an imaging system, the system comprising: (a) the imaging system of claim 1 (Paragraphs 0016, 0018, 0031-0034, 0039, 0041, a cancer or tumor from a biological sample is imaged using the disclosed imaging system).
17. As to claim 209, Butte discloses a method of imaging an abnormal tissue, cancer, tumor, vasculature or structure in a sample from a subject, the method comprising producing an image of the abnormal tissue, cancer, tumor, vasculature or structure by imaging fluorescence using an imaging system method, the system method comprising: (a) the method for imaging in accordance with claim 64 (Paragraphs 0016, 0018, 0031-0034, 0039, 0041, a cancer or tumor from a biological sample is imaged using the disclosed method).
18. As to claim 253, Butte discloses a method of imaging an abnormal tissue, cancer, tumor, vasculature or structure in a sample from a subject, the method comprising producing an image of the vasculature or structure by imaging fluorescence using an imaging system, the system comprising: (a) the imaging platform of claim 50 (Paragraphs 0016, 0018, 0031-0034, 0039, 0041, a cancer or tumor from a biological sample is imaged using the imaging platform).
16Claim 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 of this title, 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.
19. Claims 10 and 73 are rejected under 35 U.S.C 103 as being unpatentable over Butte (US PGPub 2016/0364858) [hereafter Butte] in view of MacCraith (US PGPub 2007/0262265) [hereafter Mac].
20. As to claims 10 and 73, it is noted that Butte fails to particularly disclose the excitation diffuser is a circular excitation diffuser having a diffusion angle of about 4 degrees to about 25 degrees or a rectangular diffuser having a first diffusion angle of about 4 degrees to about 25 degrees and a second diffusion angle of about 4 degrees to about 25 degrees perpendicular to the first diffusion angle.
On the other hand, Mac discloses an excitation diffuser is a circular excitation diffuser having a diffusion angle of about 4 degrees to about 25 degrees or a rectangular diffuser having a first diffusion angle of about 4 degrees to about 25 degrees and a second diffusion angle of about 4 degrees to about 25 degrees perpendicular to the first diffusion angle (Paragraph 0037, a diffusing plate 52 and a circular excitation aperture 54, as shown in Figure 6, introduces desired beam divergence of angles +- 10 degrees with respect to the optical axis).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a circular excitation diffuser having a diffusion angle of about 4 degrees to about 25 degrees or a rectangular diffuser having a first diffusion angle of about 4 degrees to about 25 degrees and a second diffusion angle of about 4 degrees to about 25 degrees perpendicular to the first diffusion angle as taught by Mac with the imaging system and imaging method of Butte because the cited prior art references are directed towards imaging systems that generate fluorescent imaging signals passing focused beams of light through optical assemblies and because each of the claimed limitations are fully disclosed within the cited prior art references and would yield predictable results of enabling efficient control of the laser beam divergence.
21. Claims 28 and 85 are rejected under 35 U.S.C 103 as being unpatentable over Butte (US PGPub 2016/0364858) [hereafter Butte] in view of Zhang (US PGPub 2020/0359890) [hereafter Zhang].
22. As to claim 28, Butte discloses a white light (white light 06) that emits the visible light (Paragraphs 0016, 0018, 0054, white light source emits visible light).
It is however noted that Butte fails to particularly disclose a polarizer within the imaging assembly.
On the other hand, Zhang discloses a polarizer (polarizer 24 as shown in Figure 1) within the imaging assembly (imaging system 11) (Paragraphs 0043-0044, 0050, an imaging system before a detection system includes a polarizing component that polarizes emitted and reflected light).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a polarizer within the imaging assembly as taught by Zhang with the imaging system of Butte because the cited prior art references are directed towards imaging systems that generate fluorescent imaging signals passing focused beams of light through optical assemblies and because each of the claimed limitations are fully disclosed within the cited prior art references and would yield predictable results of minimizing surface reflection from the generated imaging signals.
23. As to claim 85, Butte discloses filtering the diffused excitation light by filtering out wavelengths less than about 720 nm, 725 nm, 730 nm, 735 nm, 740 nm, 750 nm, 755 nm, 760 nm, 770 nm, 780 nm, 900 nm, or more including increments therein (Paragraph 0018, the notch filter blocks out excitation light of 785nm).
It is however noted that Butte fails to particularly disclose polarizing the emission light and the reflected visible light.
On the other hand, Zhang discloses polarizing the emission light and the reflected visible light (Paragraphs 0043-0044, 0050, an imaging system before a detection system includes a polarizing component that polarizes emitted and reflected light).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include polarizing the emission light and the reflected visible light as taught by Zhang with the imaging method of Butte because the cited prior art references are directed towards imaging systems that generate fluorescent imaging signals passing focused beams of light through optical assemblies and because each of the claimed limitations are fully disclosed within the cited prior art references and would yield predictable results of minimizing surface reflection from the generated imaging signals.
Claims
24. Claims 18, 29, 32, 38-39, 42-43, 57-58, 79, 89, 91, 93, 98 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
25. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S OSINSKI whose telephone number is (571) 270-3949. The examiner can normally be reached on Monday - Friday, 10:00am - 6:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oneal Mistry can be reached on (313) 446-4912. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-8300.
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MO
/MICHAEL S OSINSKI/Primary Examiner, Art Unit 2664
12/17/2025