Prosecution Insights
Last updated: August 17, 2026
Application No. 18/060,492

PIXEL BINNING ON A PER-FRAME BASIS

Non-Final OA §103
Filed
Nov 30, 2022
Examiner
NGUYEN, CHAN T H
Art Unit
2638
Tech Center
2600 — Communications
Assignee
Cilag GmbH International
OA Round
5 (Non-Final)
86%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
429 granted / 497 resolved
+24.3% vs TC avg
Minimal +3% lift
Without
With
+2.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
11 currently pending
Career history
511
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
54.7%
+14.7% vs TC avg
§102
29.1%
-10.9% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 497 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/5/2026 has been entered. Response to Arguments Applicant’s arguments with respect to claims 1-13 and 15-21 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claims 1-4, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2011/0184236) in view of Talbert et al. (“Talbert”, US 2020/0404152), Lu et al. (“Lu”, US 2008/0129541) and further in view of Elabd (US 5,754,229). Regarding claim 1, Yoshino discloses a system comprising: an emitter comprising a white light source, wherein the emitter cycles white light source according to a pulse cycle in a scene with one or more layers of tissue (Yoshino: see fig. 3 and par. [0073], wherein an emitter comprising a white light source 110, wherein the emitter cycles white light source according to a pulse cycle in a scene with one or more layers of tissue as the purpose of the endoscope system. The system includes a white light source, to have a white light source operate, a white light source should have a pulse cycle); an image sensor comprising a pixel array that detects white light with a plurality of pixels (Yoshino: see fig. 3 and pars. [0075], [0082], in which an image sensor 250 comprising a pixel array that detects white light with a plurality of pixels); and a controller that synchronizes operations of the emitter and the image sensor such that the image sensor detects white light corresponding to white light emitted by the emitter (Yoshino: see fig. 3 and par. [0072], note that a controller 330 that synchronizes operations of the emitter 110 and the image sensor 250 such that the image sensor 250 detects white light corresponding to white light emitted by the emitter 110); wherein the controller instructs the image sensor to accumulate white light and read out data according to a sensor cycle comprising a plurality of frame periods corresponding with the pulse cycle of the emitter (Yoshino: see fig. 3 and pars. [0065], [0077], [0079], wherein the controller 300 instructs the image sensor 250 to accumulate white light and read out data according to a sensor cycle as the endoscope captures image frame as shown in figs. 4A-4B by shutter button corresponding with pulse cycle of the emitter); wherein the controller sets readout configurations for the image sensor on a per-frame basis based at least in part on an acceptable resolution and a desired exposure of a resultant data frame (Yoshino: see figs. 4A, 4B and pars. [0065], [0120], in which the controller 300 sets readout configurations for the image sensor 250 on a per-frame basis based at least in part on an acceptable resolution and desired exposure of a resultant data frame as in observation mode); and wherein the readout configuration for at least a portion, of the plurality of frame periods comprises a binning configuration for the pixel array in the scene with the one or more layers of tissue (Yoshino: see figs. 4A, 4B and par. [0065], note that the readout configuration for at least a portion, of the plurality of frame periods comprises a binning configuration for the pixel array with the one or more layer of tissue as a function of the endoscope); wherein the binning configuration comprises designating a grouping of a portion of the plurality of pixels of the pixel array and combining an output of each pixel of the grouping into an output value (Yoshino: see figs. 4A, 4B and par. [0065], wherein the binning configuration comprises designating a grouping of a portion of the plurality of pixels of the pixel array and combining an output of each pixel of the grouping into an output value). Yoshino does not explicitly disclose that an emitter comprising a plurality of electromagnetic radiation sources. However, Talbert teaches that an emitter comprising a plurality of electromagnetic radiation sources (Talbert: see fig. 1 and par. [0079], wherein an emitter 102 comprising a plurality of electromagnetic radiation sources including pulsed red 104, pulsed green 106, pulsed blue 108 and pulsed fluorescence excitation 110). One would have been modified to include an emitter as taught by Talbert in the apparatus of Yoshino to have variable of light sources. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Talbert with the Yoshino’s system to include that an emitter comprising a plurality of electromagnetic radiation sources. Yoshino in the combination with Talbert does not teach readout configuration, but fewer than all, a binning configuration. On the other hand, Lu teaches readout configuration, but fewer than all, a binning configuration (Lu: see par. [0060], wherein with the capabilities of changing region of interest (ROI) and binning in imager for every frames, the system can use one frame with low resolution (with binning) and/or full frame or large ROI to identify a suspected ice area, then a second or subsequent frame with higher resolution (without binning) and/or smaller ROI). One would have been modified to include a readout configuration as taught by Lu in the apparatus of Yoshino and Talbert to increase detection confidence of the system. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Lu with the Yoshino and Talbert’s system to include readout configuration, but fewer than all, a binning configuration. Yoshino in the combination with Talbert and Lu does not explicitly disclose that the binning configuration is on a per frame basis, correspond to at least one of the plurality of electromagnetic radiation sources. However, Elabd teaches that the binning configuration is on a per frame basis, correspond to at least one of the plurality of electromagnetic radiation sources (Elabd: see col. 4, lines 57-60 and col. 5, lines 1-10, wherein for the full resolution is desired for the green exposure then every two lines may be combined; for the blue exposure, every five lines of the blue exposure frame will be combined…). One would have been modified to include a binning configuration as taught by Elabd in the apparatus of Yoshino, Talbert and Lu to obtain high quality image. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Elabd with the Yoshino, Talbert and Lu’s system to include that the binning configuration is on a per frame basis, correspond to at least one of the plurality of electromagnetic radiation sources. Regarding claim 2, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1. Lu further teaches the controller writes registers to the image sensor on how to capture a first data frame including an indication of a first pixel binning configuration; and wherein the controller re-writes the registers to the image sensor on how to capture a second data frame including an indication to not bin the pixel array, after the first data frame has been captured (Lu: see pars. [0058], [0060], see the analysis of claim 1 and the Micron CMOS imager 350 has a global shutter and its registers can be instantly and independently controlled for every frame.). The motivation is the same as that of claim 1. Regarding claim 3, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1, wherein the variable sensor cycle comprises a plurality of readout periods wherein the image sensor reads out data (see the analysis of claim 1). Lu further teaches the plurality of readout periods comprises: a high-resolution readout period wherein the image sensor does not bin the pixel array; and a lower resolution readout period wherein the image sensor reads out the plurality of pixels according to the binning configuration (Lu: see par. [0060]); wherein the high-resolution readout period requires a longer duration of time than the lower resolution readout period (Lu: see par. [0060], wherein high resolution has more pixels than lower resolution, to the time for readout high resolution is longer than readout low resolution). The motivation is the same as that of claim 1. Regarding claim 4, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 3. Yoshino in the combination with Talbert, Lu and Elabd does not explicitly disclose the controller optimizes the variable sensor cycle by adjusting a duration of a plurality of blanking periods of the image sensor on a per- frame basis such that a total time duration for each of the plurality of frame periods remains constant despite the high-resolution readout period requiring a longer duration of time than the lower resolution readout period. The Examiner takes Official Notice that “the controller optimizes the variable sensor cycle by adjusting a duration of a plurality of blanking periods of the image sensor on a per- frame basis such that a total time duration for each of the plurality of frame periods remains constant despite the high-resolution readout period requiring a longer duration of time than the lower resolution readout period” is well known in the art. Therefore, it should have been obvious to one or ordinary skill in the art to incorporate the controller optimizes the variable sensor cycle into Yoshino, Talbert and Lu’s system to obtain total time duration remains constant. The rational/motivation to do so is to maintain the output rate constantly. Regarding claim 13, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1. Talbert further teaches that the variable pulse cycle comprises a white light a multispectral pulse comprising a waveband of electromagnetic radiation selected to elicit a spectral response from a tissue within a scene and/or penetrate through a tissue within the scene (Talbert: see fig. 6A and par. [0121], wherein the variable pulse cycle comprises a white light a multispectral pulse comprising a waveband of electromagnetic radiation selected to elicit a spectral response from a tissue within a scene and/or penetrate through a tissue within the scene). The motivation is the same as that of claim 1. Claims 5 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2011/0184236) in view of Talbert et al. (“Talbert”, US 2020/0404152), Lu et al. (“Lu”, US 2008/0129541), Elabd (US 5,754,229) and further in view of Ono et al. (“Ono”, US 2013/0169843). Regarding claim 5, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1. Yoshino in the combination with Talbert, Lu and Elabd does not explicitly disclose that the pixel array comprises a color filter array, and wherein the binning configuration is one of a 2x2 binning configuration, a 3x3 binning configuration, or a 4x4 binning configuration. On the other hand, Ono further teaches that the pixel array comprises a color filter array, and wherein the binning configuration is one of a 2x2 binning configuration, a 3x3 binning configuration, or a 4x4 binning configuration (Ono: see par. [0084]). One would have been modified to include the binning configuration as taught by Ono in the apparatus of Yoshino, Talbert and Lu to have variable of binning ways. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Ono with the Yoshino, Talbert, Lu and Elabd’s system to include that the pixel array comprises a color filter array, and wherein the binning configuration is one of a 2x2 binning configuration, a 3x3 binning configuration, or a 4x4 binning configuration. Regarding claim 16, Yoshino in the combination with Talbert, Lu, and Elabd discloses the system of claim 13. Yoshino in the combination with Talbert, Lu, and Elabd does not explicitly disclose that the controller optimizes the variable pulse cycle by lengthening a duration of any of the multispectral pulse, the fluorescence pulse, or the mapping pulse relative to the white light pulse to compensate for the pixel array being relatively inefficient at detecting any of the multispectral pulse, the fluorescence pulse, or the mapping pulse. However, Ono teaches that the controller optimizes the variable pulse cycle by lengthening a duration of any of the multispectral pulse, the fluorescence pulse, or the mapping pulse relative to the white light pulse to compensate for the pixel array being relatively inefficient at detecting any of the multispectral pulse, the fluorescence pulse, or the mapping pulse (Ono: see par. [0060], improved image capture is obtained through longer exposure). One would have been modified to include the controller as taught by Ono in the apparatus of Yoshino, Talbert, Lu and Elabd to obtain effective ambiance light. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Ono with the Yoshino, Talbert, Lu and Elabd’s system to include that the controller optimizes the variable pulse cycle by lengthening a duration of any of the multispectral pulse, the fluorescence pulse, or the mapping pulse relative to the white light pulse to compensate for the pixel array being relatively inefficient at detecting any of the multispectral pulse, the fluorescence pulse, or the mapping pulse. Regarding claim 17, Yoshino in the combination with Talbert, Lu, Elabd and Ono discloses the system of claim 16. Ono further teaches that the controller optimizes the variable sensor cycle by: instructing the image sensor to read out a high-resolution color data frame without binning in response to the emitter pulsing the white light pulse; and instructing the image sensor to read out the plurality of pixels according to the binning configuration in response to the emitter pulsing any of the multispectral pulse, the fluorescence pulse, or the mapping pulse (Ono: see par. [0083]). The motivation is the same as that of claim 16. Claims 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2011/0184236) in view of Talbert et al. (“Talbert”, US 2020/0404152), Lu et al. (“Lu”, US 2008/0129541), Elabd (US 5,754,229) and further in view of Blanquart et al. (“Blanquart”, US 2014/0163319). Regarding claim 6, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1. Yoshino in the combination with Talbert, Lu and Elabd does not explicitly disclose that the controller optimizes the variable pulse cycle of the emitter to correspond with the variable sensor cycle of the image sensor, and wherein the variable pulse cycle comprises: a plurality of pulsing periods wherein the emitter pulses electromagnetic radiation, wherein the plurality of pulsing periods corresponds and overlaps with a plurality of blanking periods of the variable sensor cycle; and a plurality of dark periods wherein the emitter does not pulse electromagnetic radiation, wherein the plurality of dark periods corresponds and overlaps with a plurality of readout periods of the variable sensor cycle; wherein the plurality of blanking periods corresponds to a time between a readout of a last row of active pixels in the pixel array of the image sensor and a beginning of a next subsequent readout of active pixels in the pixel array; and wherein the plurality of readout periods corresponds to a time when active pixels in the pixel array are being read. However, Blanquart teaches that the controller optimizes the variable pulse cycle of the emitter to correspond with the variable sensor cycle of the image sensor, and wherein the variable pulse cycle comprises: a plurality of pulsing periods wherein the emitter pulses electromagnetic radiation, wherein the plurality of pulsing periods corresponds and overlaps with a plurality of blanking periods of the variable sensor cycle (Blanquart: see fig. 7E and pars. [0069], [0089], wherein a plurality of pulsing periods 1/2/3/4 that the emitter pulses electromagnetic radiation, wherein the plurality of pulsing periods 1/2/3/4 corresponds and overlaps with a plurality of blanking periods 216 of the variable sensor cycle); and a plurality of dark periods wherein the emitter does not pulse electromagnetic radiation, wherein the plurality of dark periods corresponds and overlaps with a plurality of readout periods of the variable sensor cycle (Blanquart: see fig. 7E and pars. [0089], in which a plurality of dark periods wherein the emitter does not pulse electromagnetic radiation, wherein the plurality of dark periods corresponds and overlap with a plurality of readout periods 202 of the variable sensor cycle); wherein the plurality of blanking periods corresponds to a time between a readout of a last row of active pixels in the pixel array of the image sensor and a beginning of a next subsequent readout of active pixels in the pixel array (Blanquart: see fig. 7E and pars. [0069], note that the plurality of blanking periods corresponds to a time between a readout of the last row of active pixels considering before reading dark pixel row in the pixel array of the image sensor and a beginning of a next subsequent readout of active pixels considering after reading dark pixel row in the pixel array); and wherein the plurality of readout periods corresponds to a time when active pixels in the pixel array are being read (Blanquart: see fig. 7E and par. [0089], wherein the plurality of readout periods corresponds to a time when active pixels in the pixel array are being read). One would have been modified to include an operation as taught by Blanquart in the apparatus of Yoshino, Talbert, Lu and Elabd to readout pixel data effectively. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Blanquart with the Yoshino, Talbert, Lu and Elabd’s system to include that the controller optimizes the variable pulse cycle of the emitter to correspond with the variable sensor cycle of the image sensor, and wherein the variable pulse cycle comprises: a plurality of pulsing periods wherein the emitter pulses electromagnetic radiation, wherein the plurality of pulsing periods corresponds and overlaps with a plurality of blanking periods of the variable sensor cycle; and a plurality of dark periods wherein the emitter does not pulse electromagnetic radiation, wherein the plurality of dark periods corresponds and overlaps with a plurality of readout periods of the variable sensor cycle; wherein the plurality of blanking periods corresponds to a time between a readout of a last row of active pixels in the pixel array of the image sensor and a beginning of a next subsequent readout of active pixels in the pixel array; and wherein the plurality of readout periods corresponds to a time when active pixels in the pixel array are being read. Regarding claim 7, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1. Yoshino in the combination with Talbert, Lu and Elabd does not explicitly disclose that the variable sensor cycle comprises at least one advanced visualization frame period comprising: an advanced visualization blanking period wherein the pixel array accumulates electromagnetic radiation resulting from the emitter pulsing an advanced visualization pulse; and an advanced visualization readout period immediately subsequent to the advanced visualization blanking period, wherein the image sensor reads out an advanced visualization data frame. However, Blanquart teaches that an advanced visualization blanking period wherein the pixel array accumulates electromagnetic radiation resulting from the emitter pulsing an advanced visualization pulse (Blanquart: see fig. 7E and par. [0089], in which an advanced visualization blanking period 216 wherein the pixel array accumulates electromagnetic radiation resulting from the emitter pulsing an advanced visualization pulse); and an advanced visualization readout period immediately subsequent to the advanced visualization blanking period, wherein the image sensor reads out an advanced visualization data frame (Blanquart: see fig. 7E and par. [0089], note that an advanced visualization readout period 202 immediately subsequent to the advanced visualization blanking period 216, wherein the image sensor reads out an advanced visualization data frame). One would have been modified to include an operation as taught by Blanquart in the apparatus of Yoshino, Talbert, Lu and Elabd to readout pixel data effectively. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Blanquart with the Yoshino, Talbert, Lu and Elabd’s system to include that an advanced visualization blanking period wherein the pixel array accumulates electromagnetic radiation resulting from the emitter pulsing an advanced visualization pulse; and an advanced visualization readout period immediately subsequent to the advanced visualization blanking period, wherein the image sensor reads out an advanced visualization data frame. Regarding claim 8, Yoshino in the combination with Talbert, Lu, Elabd and Blanquart discloses the system of claim 7, wherein the controller instructs the image sensor to read out the plurality of pixels according to the binning configuration during the advanced visualization readout period (see the analysis of claim 1). Regarding claim 9, Yoshino in the combination with Talbert, Lu, Elabd and Blanquart discloses the system of claim 8, wherein the controller maximizes a duration of the advanced visualization blanking period based on a frame rate for the image sensor and a time required for the image sensor to read out the plurality of pixels according to the binning configuration, such that a total duration of the advanced visualization frame period is the same as a duration of each of the plurality of frame periods (One of ordinary skill in the art would understand that to readout the plurality of pixels individually or binning, the controller needs to control the blanking period and time enough for the image sensor to have readout operation performed). Regarding claim 10, Yoshino in the combination with Talbert, Lu, Elabd and Blanquart discloses the system of claim 8. Talbert further teaches that the controller selects the advanced visualization pulse based on user input, wherein the emitter cycles a corresponding advanced source of the plurality of electromagnetic radiation sources, and wherein the plurality of electromagnetic radiation sources comprises: a multispectral source tuned to pulse a multispectral waveband of electromagnetic radiation; a fluorescence source tuned to pulse a fluorescence excitation waveband of electromagnetic radiation; and a mapping source comprising a diffraction element configured to split electromagnetic radiation into a mapping pattern (Talbert: see fig. 1, and pars. [0054], [0084]). The motivation is the same as that of claim 1. Regarding claim 11, Yoshino in the combination with Talbert, Lu, Elabd and Blanquart discloses the system of claim 10. Talbert further teaches that the advanced visualization data frame comprises: a fluorescence data frame sensed by the image sensor in response to the emitter pulsing the fluorescence excitation waveband of electromagnetic radiation (Talbert: see fig. 1). The motivation is the same as that of claim 7. Regarding claim 12, Yoshino in the combination with Talbert, Lu, Elabd and Blanquart discloses the system of claim 11, wherein the controller provides the advanced visualization data frame to a corresponding algorithm configured to assess a scene based on the advanced visualization data frame, and wherein the controller communicates with a plurality of advanced visualization algorithms comprising: a multispectral algorithm configured to identify one or more tissue structures within the scene based on the multispectral data frame (see the analysis of previous claim); a fluorescence algorithm configured to identify a fluorescence response emanated from a tissue or reagent within the scene based on the fluorescence data frame (see the analysis of previous claim); and Talbert further teaches that a mapping algorithm configured to calculate a dimension of one or more objects within the scene (Talbert: see par. [0230], objects are tracked withing the environment). The motivation is the same as that of claim 10. Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2011/0184236) in view of Talbert et al. (“Talbert”, US 2020/0404152), Lu et al. (“Lu”, US 2008/0129541), Elabd (US 5,754,229) and further in view of Talbert et al. (“Talbert2”, US 2020/0404130). Regarding claim 18, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1. Yoshino in the combination with Talbert, Lu and Elabd does not explicitly disclose that the plurality of electromagnetic radiation sources comprises a plurality of independent multispectral sources comprising: a first multispectral source that pulses electromagnetic radiation within a first narrowband of a visible waveband of the electromagnetic spectrum, wherein the first narrowband is 20 nm wide or less; a second multispectral source that pulses electromagnetic radiation within a second narrowband of the visible waveband of the electromagnetic spectrum, wherein the second narrowband is 20 nm wide or less; and a third multispectral source that pulses electromagnetic radiation within a near infrared waveband of the electromagnetic spectrum. However, Talbert2 teaches that the plurality of electromagnetic radiation sources comprises a plurality of independent multispectral sources comprising: a first multispectral source that pulses electromagnetic radiation within a first narrowband of a visible waveband of the electromagnetic spectrum, wherein the first narrowband is 20 nm wide or less (Talbert2: see par. [0211], wherein contiguous coverage of a spectrum using very small waveband widths (e.g., 10 nm or less) may allow for highly selective hyperspectral and/or fluorescence imaging); a second multispectral source that pulses electromagnetic radiation within a second narrowband of the visible waveband of the electromagnetic spectrum, wherein the second narrowband is 20 nm wide or less (Talbert2: see par. [0211], wherein contiguous coverage of a spectrum using very small waveband widths (e.g., 10 nm or less) may allow for highly selective hyperspectral and/or fluorescence imaging); and a third multispectral source that pulses electromagnetic radiation within a near infrared waveband of the electromagnetic spectrum (Talbert2: see par. [0071]). One would have been modified to include the plurality of electromagnetic radiation sources as taught by Talbert2 in the apparatus of Yoshino, Talbert, Lu and Elabd to track objects in a light deficient environment with the plurality of electromagnetic radiation. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Talbert2 with the Yoshino, Talbert, Lu and Elabd’s system to include that the plurality of electromagnetic radiation sources comprises a plurality of independent multispectral sources. Regarding claim 19, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1. Yoshino in the combination with Talbert, Lu and Elabd does not explicitly disclose that the plurality of electromagnetic radiation sources comprises at least one fluorescence source selected from a list comprising: a first fluorescence source that pulses electromagnetic radiation within a waveband from about 770 nm to about 795 nm; and a second fluorescence source that pulses electromagnetic radiation within a waveband from about 790 nm to about 815 nm. However, Talbert2 teaches that the plurality of electromagnetic radiation sources comprises at least one fluorescence source selected from a list comprising: a first fluorescence source that pulses electromagnetic radiation within a waveband from about 770 nm to about 795 nm (Talbert2: see par. [0222]); and a second fluorescence source that pulses electromagnetic radiation within a waveband from about 790 nm to about 815 nm (Talbert2: see par. [0222]). The motivation is the same as that of claim 18. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US 2011/0184236) in view of Talbert et al. (“Talbert”, US 2020/0404152), Lu et al. (“Lu”, US 2008/0129541), Elabd (US 5,754,229) and further in view of DaCosta et al. (“DaCosta”, US 2022/0092770). Regarding claim 20, Yoshino in the combination with Talbert, Lu and Elabd discloses the system of claim 1. Yoshino in the combination with Talbert, Lu and Elabd does not explicitly disclose that the plurality of electromagnetic radiation sources comprises a mapping source configured to pulse a low mode laser beam, and wherein the mapping source comprises a diffraction element that splits the low made laser beam according to quantum-dot-array diffraction grafting. On the other hand, DaCosta teaches that the plurality of electromagnetic radiation sources comprises a mapping source configured to pulse a low mode laser beam, and wherein the mapping source comprises a diffraction element that splits the low made laser beam according to quantum-dot-array diffraction grafting (DaCosta: see par. [0142], wherein he at least one light source can comprise a converter to convert source radiation emitted from the common radiation source to the first radiation, the second radiation, or the third radiation, or a combination thereof. The converter can comprise, for example, a filter, a lens, a prism, a diffractor, or a quantum dot, or a combination thereof). One would have been modified to include a mapping source as taught by DaCosta in the apparatus of Yoshino, Talbert, Lu and Elabd to visualize a target area of a biological target. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of DaCosta with the Yoshino, Talbert, Lu and Elabd’s system to include that the plurality of electromagnetic radiation sources comprises a mapping source configured to pulse a low mode laser beam, and wherein the mapping source comprises a diffraction element that splits the low made laser beam according to quantum-dot-array diffraction grafting. Allowable Subject Matter Claim 22 is allowed. The following is a statement of reasons for the indication of allowable subject matter: Regarding independent claim 22, the prior art of record fails to teach or fairly suggest the combination of all limitations of claim 22 that includes: “wherein the controller is configured to set readout configurations for the image sensor on a per-frame basis and to cycle through a first pixel binning configuration, a second pixel binning configuration, and a no pixel binning configuration corresponding to the at least three electromagnetic radiation sources, and a length of each frame period associated with each of the at least three electromagnetic radiation sources is a different length to accommodate different pixel binning configurations such that the output of the image sensor occurs at an irregular rate.” Claim 21 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAN T H NGUYEN whose telephone number is (571)272-3452. The examiner can normally be reached M-F 8AM-4PM. 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, Lin Ye can be reached at 571-272-7372. 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. /CHAN T NGUYEN/Patent Examiner, Art Unit 2638 /LIN YE/Supervisory Patent Examiner, Art Unit 2638
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Prosecution Timeline

Show 6 earlier events
Aug 28, 2025
Non-Final Rejection mailed — §103
Nov 28, 2025
Response Filed
Mar 05, 2026
Final Rejection mailed — §103
Jun 04, 2026
Examiner Interview Summary
Jun 04, 2026
Applicant Interview (Telephonic)
Jun 05, 2026
Request for Continued Examination
Jun 08, 2026
Response after Non-Final Action
Jun 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
86%
Grant Probability
89%
With Interview (+2.8%)
2y 0m (~0m remaining)
Median Time to Grant
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