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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/02/2026 has been entered.
Response to Arguments
Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive.
Applicant argues:
“There is no sensorically separated but spatially separately acquired sub-spectra (2) and no computing of a white light image.”
“There are also no optical filters (12) and a beam splitter (13) that guides the respective spectra (3, 4a, 4b) onto the respective image sensor (7, 11).”
“The “color splitters” from Westphal combine outgoing illumination light, i.e., they do not fulfill the above characteristics because these “color splitters” do not distribute an incoming spectrum to two spatially separated image sensors.”
“Also, neither Dong nor Westphal disclose “spectral filters 12” on the respective image sensors.”
Examiner’s response:
Dong et al. (US 20230325999 A1) discloses a first camera and a second camera, these are different cameras so they are spatially separate. The second camera acquires a color (white light) image, this is computed because the camera acquires the white light spectrum and acquires (computes) an image. (See para. 70)
Westphal et al. (US 20140070106 A1) discloses using a color splitter to direct light into the imaging beam path of the examining arrangement (Paras. 22 and 44). Para. 42-43 discloses a fluorescence reader having an illuminating device and multiband emission filter (optical filter).
Westphal et al. (US 20140070106 A1) discloses using a color splitter to direct light into the imaging beam path of the examining arrangement (Paras. 22 and 44). In combination with Dong et al. (US 20230325999 A1) it would have been prima facie obvious to one of ordinary skill in the art to split the light beams into two paths for the spatially separate image sensors.
Westphal et al. (US 20140070106 A1) discloses a fluorescence reader having an illuminating device and multiband emission filter (optical filter) (See Para. 42-43). In combination with Dong et al. (US 20230325999 A1) it would have been prima facie obvious to one of ordinary skill in the art to include spectral filters for each spatially separate image sensor.
Claim Objections
Claims 1 and 22 are objected to because of the following informalities:
Claim 1, line 13 “partially-removed from the white light image3” should read “partially-removed from the white light image”.
Claim 22, line 17 “contend of the white light image” should read “content of the white light image”.
Appropriate correction is required.
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. (US 20230325999 A1), hereinafter Dong, in view of Westphal et al. (US 20140070106 A1), hereinafter Westphal.
Regarding claim 21, Dong teaches A method for multispectral imaging, comprising: (Abstract discloses a method and apparatus for acquiring multispectral images.). sensorially simultaneously but spatially separately acquiring at least two sub- spectra (2) of a light spectrum (1) used for imaging using at least two separate image sensors (7,11) of an endoscopic image recording system (15); (Para. 70 discloses a first camera that acquires a spectrum image with more photosensitive bands than a second camera that acquires a color image (RGB). Para. 112 discloses the color image and the spectrum image being photographed at the same moment.). computing a white light image (5) from an acquired main spectrum (3) of the at least two sub-spectra (2); (Para. 70 discloses a second camera configured to acquire a color image. The second camera has three sub-spectra red, green, and blue.). and using at least one separately acquired secondary spectrum (4a, 4b) of the sub- spectra (2) for at least one of a) extracting at least one additional spectral component (6a, 6b) from the white light image (5) or b) injecting the at least one additional spectral component (6a, 6b) into the white light image (5), (Para. 88 discloses combining the spectral information of the first and second camera to correct (reconstruct) the color image acquired by the second camera.).
Dong does not teach wherein the main spectrum (3) and the at least one secondary spectrum (4a, 4b) are acquired as an input spectrum (24) by a common optical unit of the endoscopic image recording system (15), and wherein the main spectrum (3) and the at least one secondary spectrum (4a,4b) are subsequently spatially separated from one another by at least one of a beam splitter (13) and respective optical filters (12), wherein said beam splitter (13) guides the respective spectrum (3, 4a, 4b) onto the respective image sensor (7, 11).
However, Westphal teaches wherein the main spectrum (3) and the at least one secondary spectrum (4a, 4b) are acquired as an input spectrum (24) by a common optical unit of the endoscopic image recording system (15), and wherein the main spectrum (3) and the at least one secondary spectrum (4a,4b) are subsequently spatially separated from one another by at least one of a beam splitter (13) and respective optical filters (12), wherein said beam splitter (13) guides the respective spectrum (3, 4a, 4b) onto the respective image sensor (7, 11). (Para. 22 discloses using a color splitter to filter and split different wavelengths of light. Para. 42-43 discloses a fluorescence reader having an illuminating device and multiband emission filter (optical filter). Para. 138 discloses using the system for surgical microscopes (endoscopy). Para. 44 see "Furthermore, a multiband color splitter is provided by means of which the illuminating radiation or excitation radiation, which is outputted by the illuminating device, can be coupled into the illuminating beam path and/or imaging beam path of the examining arrangement." Para. 68 see "the filter cube 9 and a detection tube 12 having a detection optic which together form an imaging or detection beam path and image the specimen 1 onto a camera 13.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dong to incorporate the teachings of Westphal to use a common optical unit and a beam splitter to guide a respective spectrum onto the respective image sensor. Doing so ensures that each wavelength is being captured at the same moment in time with the correct image sensor which provides accurate information and removes the need to align images if a target being captured sequentially moves between frames.
Allowable Subject Matter
Claims 1-2, 5-20, 22 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kuster et al. (US 20210018738 A1) discloses an illumination filter system (2) for medical imaging, in particular multispectral fluorescence imaging, as performed e.g. in a microscope (1) or endoscope.
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/ALEXANDER JOSEPH VAUGHN/Examiner, Art Unit 2675
/EDWARD PARK/Primary Examiner, Art Unit 2675