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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/11/2025 has been entered.
Response to Amendment
The amendment filed on 6/11/2025 was accepted and entered. Accordingly, claim(s) 1, 9, 17, and 22 has/have been amended. Claim(s) 7, 15, and 18-19 has/have been cancelled. Claim(s) 23-24 has/have been newly added. Thus, claims 1-6, 8-14, 16-17, and 20-24 are currently pending in this application.
In view of the amendment the previous rejections under 35 USC 112 have been withdrawn.
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 20-22 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.
Claims 20-21 depend from a cancelled claim.
Claim 22 recites “performing sequential measurements by the fluorescence imaging, the hyperspectral imaging, and the visible-near infrared-shortwave infrared spectroscopy.” It is unclear what makes one sequence. For example, does the measurement of three types of imaging make up one sequence or is each measurement of a single type of imaging a sequence. It is unclear whether this limitation is requiring the imaging to be performed at different times or the timing of the different imaging regarding the other imaging is being limited.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 8, 9, 16-17, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2008/0144013 (Lanoue).
Regarding claim 1, Lanoue discloses an optical system (Figure1A) comprising:
a plurality of light emitting diodes of different wavelengths (element 106, paragraph [0029] discloses a LED lighting array with different wavelengths);
a charge-coupled device configured to receive the light emitted by one or more light emitting diodes of the plurality of light emitting diodes and reflected by an object for fluorescence imaging of the object (element 102 is a camera and is a CCD, see paragraph [0039] detects light reflected by an object for fluorescent imaging, see paragraph [0039] discloses detected fluorescence imaging);
a broadband light source configured to provide broadband light (see paragraph [0037] discloses a white or broadband light source, combined with blue and NIR,);
a spectrometer configured to receive the broadband light emitted by the broadband light source and reflected by the object for visible-near infrared-shortwave infrared spectroscopy of the object (see paragraph 0039] discloses a spectrograph in the VisNIR or 400-1000nm);
a hyperspectral camera configured to receive the broadband light emitted by the broadband light source and reflected by the object for hyperspectral imaging of the object (see paragraph [0039] discloses a hyperspectral pushbroom imager); and
a controller coupled to the plurality of light emitting diodes, the broadband light source, the charge-coupled device, the spectrometer and the hyperspectral camera (see figure 1B, it is inherent the sources, imagers/camera , spectrometer are controlled to produce fluorescence and reflectance images),
wherein different light emitting diode of the plurality of light emitting diodes is configured to be activated to measure or determine a level of chlorophyll, flavonoid and anthocyanin in the object ([0029]; this limitation is intended use and the structure of Lanoue is capable of performing the intended use).
Regarding claim 8, Lanoue discloses the optical system according to claim 1, wherein the plurality of light emitting diodes is arranged in one or more panels (See figure 1B, element 106 is an LED array mounted on a panel).
Regarding claim 9, Lanoue discloses a method of forming an optical system, the method comprising:
providing a plurality of light emitting diodes of different wavelengths (element 106, paragraph [0029] discloses a LED lighting array with different wavelengths);
providing a charge-coupled device configured to receive a light emitted by one or more light emitting diodes of the plurality of light emitting diodes and reflected by an object for fluorescence imaging of the object (element 102 is a camera and is a CCD, see paragraph [0039] detects light reflected by an object for fluorescent imaging, see paragraph [0039] discloses detected fluorescence imaging);
providing a broadband light source configured to provide broadband light (see paragraph [0037] discloses a white or broadband light source, combined with blue and NIR,);
providing a spectrometer configured to receive the broadband light emitted by the broadband light source and reflected by the object for visible-near infrared-shortwave infrared spectroscopy of the object (see paragraph 0039] discloses a spectrograph in the VisNIR or 400-1000nm);
providing a hyperspectral camera configured to receive the broadband light emitted by the broadband light source and reflected by the object for hyperspectral imaging of the object (see paragraph [0039] discloses a hyperspectral pushbroom imager); and
coupling a controller to the plurality of light emitting diodes, the broadband light source, the charge-coupled device, the spectrometer and the hyperspectral camera (see figure 1B, it is inherent the sources, imagers/camera , spectrometer are controlled to produce fluorescence and reflectance images); and
activating a respective combination of one or more emitting diodes of the plurality of light emitting diodes to measure or determine levels of different substances/chemicals in the object ([0029]; the to measure or determine a level of chlorophyll, flavonoid and anthocyanin in the object is merely an intended result, “the court noted that a "‘whereby clause in a method claim is not given weight when it simply expresses the intended result of a process step positively recited.’" Id. (quoting Minton v. Nat’l Ass’n of Securities Dealers, Inc., 336 F.3d 1373, 1381, 67 USPQ2d 1614, 1620 (Fed. Cir. 2003)).” (see MPEP 2111.04)).
Regarding claim 16, Lanoue discloses the method according to claim 9, wherein the plurality of light emitting diodes is arranged in one or more panels (See figure 1B, element 106 is an LED array mounted on a panel).
Regarding claims 17 and 22, Lanoue discloses a method of operating an optical system (figure 1a and 1B), the method comprising:
Activating a respective combination of one or more light emitting diodes of a plurality of light emitting diodes such that the light emitted by the one or more light emitting diodes of the plurality of light emitting diodes of different wavelengths (element 106, paragraph [0029] discloses a LED lighting array with different wavelengths; to measure or determine a level of chlorophyll, flavonoid and anthocyanin in the object is merely an intended result) is reflected by an object and received by a charge- coupled device for fluorescence imaging of the object (element 102 is a camera and is a CCD, see paragraph [0039] detects light reflected by an object for fluorescent imaging, see paragraph [0039] discloses detected fluorescence imaging); and
providing a broadband light using a broadband light source such that the broadband light emitted by the broadband light source is reflected by the object (see paragraph [0037] discloses a white or broadband light source, combined with blue and NIR,), wherein the reflected broadband light is received by a spectrometer for visible-near infrared-shortwave infrared spectroscopy of the object (see paragraph 0039] discloses a spectrograph in the VisNIR or 400-1000nm), and is received by a hyperspectral camera for hyperspectral imaging of the object (see paragraph [0039] discloses a hyperspectral pushbroom imager);
wherein the optical system comprises a controller coupled to the plurality of light emitting diodes, the broadband light source, the charge-coupled device, the spectrometer and the hyperspectral camera (see figure 1B, it is inherent the sources, imagers/camera , spectrometer are controlled to produce fluorescence and reflectance images);
wherein different light emitting diode of the plurality of light emitting diodes is configured to be activated to measure or determine levels of different substances/chemicals in the object ([0029]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 2-6 and 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lanoue in view of US CN204214770U (Taishun).
Regarding claim 2, Lanoue discloses the optical system according to claim 1, but does not disclose:
a backend module;
a probe; and
a plurality of fibers coupling the backend module and the probe.
Taishun discloses a conventional optical system including:
a backend module (see figure spectrometer elements 1-6, 91, 95);
a probe (element 8); and
a plurality of fibers coupling the backend module and the probe (element 7 are fibers connecting the probe to the rest of the spectrometer or backend module).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention as disclosed by Lanoue with the configuration disclosed by Taishun in order to increase accuracy in delivering light and receiving the detected light for detection.
Regarding claim 3, Lanoue in view of Taishun discloses the optical system according to claim 2, wherein Lanoue discloses the backend module comprises the broadband light source (element 106), the charge-coupled device (element 102), the spectrometer (see paragraph 0039] discloses a spectrograph in the VisNIR or 400-1000nm), the hyperspectral camera (see paragraph [0039] discloses a hyperspectral pushbroom imager), and the controller (see figure 1B, it is inherent the sources, imagers/camera , spectrometer are controlled to produce fluorescence and reflectance images).
Regarding claim 4, Lanoue in view of Taishun discloses the optical system according to claim 2, wherein Lanoue further discloses a plurality of LEDs (element 106) but does not disclose the probe.
Taishun teaches a probe (element 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention as disclosed by Lanoue with the configuration disclosed by Taishun in order to increase accuracy in delivering light and receiving the detected light for detection.
Taishun further disclose the probe (element 8) comprises an imaging lens (element 6).
Regarding claim 5, Lanoue in view of Taishun discloses the optical system according to claim2, Lanoue further discloses that the backend module comprises a light emitting diode driver configured to drive the plurality of light emitting diodes (see paragraph [0030] discloses that each LED can be turned off/on or controlled via computer/software or a driver).
Regarding claim 6, Lanoue discloses the optical system according to claim 2, wherein Lanoue discloses the backend module comprises an optical module comprising a long-pass filter (paragraph [0030] use of optical filters in the spectrometer) and a focusing lens (element 108). Lanoue does not disclose a fiber collimator. Taishun discloses a fiber that collimates light (Element 7). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention as disclosed by Lanoue with the invention as disclosed by Taishun, as these are common elements used for directing and focusing light to the spectrometer, and inclusion of such element will increase detection accuracy.
Regarding claim 10, Lanoue discloses the method according to claim 9, but does not disclose:
providing a backend module ;
providing a probe; and
coupling a plurality of fibers to the backend module and the probe.
Taishun discloses a conventional optical system including:
a backend module (see figure spectrometer elements 1-6, 91, 95);
a probe (element 8); and
a plurality of fibers coupling the backend module and the probe (element 7 are fibers connecting the probe to the rest of the spectrometer or backend module).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention as disclosed by Lanoue with the configuration disclosed by Taishun in order to increase accuracy in delivering light and receiving the detected light for detection.
Regarding claim 11, Lanoue in view of Taishun discloses the method according to claim 10, wherein Lanoue further discloses the backend module comprises the broadband light source (element 106), the charge-coupled device (element 102), the spectrometer (see paragraph 0039] discloses a spectrograph in the VisNIR or 400-1000nm), the hyperspectral camera (see paragraph [0039] discloses a hyperspectral pushbroom imager), and the controller (see figure 1B, it is inherent the sources, imagers/camera , spectrometer are controlled to produce fluorescence and reflectance images).
Regarding claim 12, Lanoue in view of Taishun discloses the method according to claim 10, wherein Lanoue further discloses a plurality of light emitting diodes (element 106), and/or wherein the probe comprises an imaging lens.
Lanoue does not disclose a probe.
Taishun teaches a probe (element 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention as disclosed by Lanoue with the configuration disclosed by Taishun in order to increase accuracy in delivering light and receiving the detected light for detection.
Regarding claim 13, Lanoue in view of Taishun discloses the method according to claim 10, wherein Lanoue further discloses that the backend module comprises a light emitting diode driver configured to drive the plurality of light emitting diodes (see paragraph [0030] discloses that each LED can be turned off/on or controlled via computer/software or a driver).
Regarding claim 14, Lanoue discloses the method according to claim 10, wherein Lanoue discloses the backend module comprises an optical module comprising a long-pass filter (paragraph [0030] use of optical filters in the spectrometer) and a focusing lens (element 108). Lanoue does not disclose a fiber collimator. Taishun discloses a fiber that collimates light (Element 7). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention as disclosed by Lanoue with the invention as disclosed by Taishun, as these are common elements used for directing and focusing light to the spectrometer, and inclusion of such element will increase detection accuracy.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US2008/0144013 (Lanoue).
Regarding claim 23, Lanoue teaches the controller is configured to activate red, UV and Blue LED’s ([0029]). Lanoue does not explicitly teach including a green LED. However, it would have been obvious to one of ordinary skill at the time of the invention to include a green LED since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art (In re Aller, 105 USPQ 233) and since it has been held thatdiscovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). What the lights are used to measure is merely intended use.
Allowable Subject Matter
Claim 24 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or reasonably suggest, along with the other claimed limitations, an optical system comprising: namely, the plurality of light emitting diodes are arranged in multiple panels and each panel comprises a predetermined number of light emitting diodes, and in each panel, the predetermined number of light emitting diodes are spectrally distinct from each other.
Response to Arguments
Applicant's arguments filed 6/11/2025 have been fully considered but they are not persuasive.
Applicant argues that claim 1 has been amended to require measuring or determining a level of chlorophyll, flavonoid and anthrocyanin. The wherein clause provides no further limitation to the structure of the imaging devices nor to the optical system of the apparatus. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. MPEP 2114. “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). MPEP 2114.
A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding what the imaging is used to measure or what the LED colors are used to measure, these limitations are merely intended uses and/or intended results (depending on claim) and are further explained above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carolyn Fin whose telephone number is (571)270-1286. The examiner can normally be reached Monday, Wednesday, and Thursday.
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, David Makiya can be reached at 571-272-2273. 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.
/CAROLYN FIN/Examiner, Art Unit 2884