DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Response to Arguments
Applicant’s argument has been fully considered but it is moot in light of a new ground of rejection. See discussion below.
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.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brinkmann et al. (WO 2016201092 A1, 2016-12-15) (hereinafter “Brinkmann”) in view of Brewer et al. (US 20210207928 A1, 2021-07-08) (hereinafter “Brewer”).
Regarding claims 1-12, Brinkmann teaches a system for spectroscopic signal detection, the system comprising: a spectrometer (e.g., 404); a light source emitter (e.g., 501) configurable to emit a first signal toward a target; an aiming light source emitter (e.g., 401) configurable to emit a second signal having a visible spectrum toward the target; and a first optical component (e.g., 408) for attenuating or removing noise associated with the second signal from a third signal, in response to the first signal, from the target back to the spectrometer (as recited in claim 1); wherein the spectrometer is coupled to a surgical fiber (e.g., 403), and wherein the first optical component includes at least one of a filter or a polarizer located in a first signal pathway between the surgical fiber and the spectrometer (e.g., [0136], [0147], [0181]-[0182], Fig. 5) (as recited in claim 2); wherein the first optical component includes at least one of a filter or a polarizer located in a second signal pathway between the aiming light source emitter and at least one of the surgical fiber or the spectrometer (e.g., [0136], [0147], [0181]-[0182] and Figs. 4, 5) (as recited in claim 3); further comprising: a third optical component (e.g., 406) for attenuating or removing noise associated with at least one of the second signal or the third signal, wherein the second optical component is located in at least one of a first signal pathway between the surgical fiber and the spectrometer or a second signal pathway between the aiming light source emitter and at least one of the surgical fiber or the spectrometer (e.g., [0136], [0147], [0181]-[0182], Figs. 4-6 and associated text) (as recited in claim 4); wherein the second optical component includes a filter or a polarizer (as recited in claim 5); wherein the first optical component includes at least one of filter or a polarizer located in an optical path between the target and the spectrometer (as recited in claim 6); wherein the aiming light source emitter includes a laser diode (e.g., [0153], [0169]) (as recited in claim 7); wherein the light source emitter includes a Light Emitting Diode (LED) (e.g., [0105], [0169]) (as recited in claim 8); wherein a rejection frequency of the first optical component is based on a wavelength of light emitted from the aiming light source emitter (as recited in claim 9); wherein the system is configured to be coupled to an in-vivo-insertable therapeutic or diagnostic endoscopic system (e.g., [0171]-[0173]) (as recited in claim 10); further comprising: a controller, coupled to the aiming light source emitter, configurable to pulse the aiming light source emitter on and off, wherein the spectrometer is configured to collect or analyze at least one of the first signal or the third signal when the aiming light source is pulsed off (e.g., [0116], [0153], [0175]) (as recited in claim 11); wherein the spectrometer is configured to pulse the aiming light source emitter for allowing a change in a wavelength of light emitted from the aiming light source emitter to a different wavelength (e.g., [0012]-[0015]) (as recited in claim 12). See, e.g., [0136], [0147], [0181]-[0182], Figs. 4-6 and associated text.
Brinkmann does not expressly teach a second optical component located at an output of the aiming light source emitter to prefilter the second signal as it is emitted from the aiming light source emitter to remove at least one source of noise from the second signal before it reaches the target.
Brewer teaches filtering of aiming light. See, e.g., [0064].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Brewer with the invention taught by Brinkmann such that the invention further comprises a second optical component located at an output of the aiming light source emitter to prefilter the second signal as it is emitted from the aiming light source emitter to remove at least one source of noise from the second signal before it reaches the target (as recited in claim 1) in order to improve the usability of the invention.
Regarding claims 13-20, as discussed above, Brinkmann teaches a system for spectroscopic signal detection, the system comprising: a spectrometer; a light source emitter configurable to emit a first signal toward a target; an aiming light source emitter configurable to emit a second signal having a visible spectrum toward the target; an optical component located at an output of the aiming light source emitter to pre-filter the second signal as it is emitted from the aiming light source emitter to remove at least one source of noise from the second signal before it reaches the target; and a controller, coupled to the aiming light source emitter, configurable to pulse the aiming light source emitter on and off, wherein the spectrometer is configured to collect or analyze at least one of the first signal or a third signal, in response to the first signal, from the target when the aiming light source emitter is pulsed off (as recited in claim 13); wherein the spectrometer is configured to collect or analyze at least one of the first signal or the third signal when the aiming light source emitter is pulsed on (as recited in claim 14); wherein the spectrometer is configured to pulse the aiming light source emitter for allowing a change in a wavelength of light emitted from the aiming light source emitter to a different wavelength (as recited in claim 15); a method for spectroscopic signal detection during an in-vivo-insertable medical procedure, the method comprising: emitting a first signal from a light source toward a target; emitting a second signal from an aiming beam emission source toward the target; pre-filtering the second signal emitted from the aiming beam emission source using an optical component located at an output of the aiming beam emission source as the second signal is emitted from aiming beam emission source to remove at least one source of noise from the second signal before it reaches the target; receiving, in response to the first signal, a third signal from the target at a spectrometer; pulsing the aiming beam emission source off for a period of time; collecting the third signal received during the period of time; and analyzing the collected third signal using the spectrometer (as recited in claim 16); further comprising: attenuating or removing a portion of the third signal received from the target (as recited in claim 17); wherein the portion of the third signal is attenuated or removed using at least one additional optical component in at least one of a first signal pathway between a surgical fiber and the spectrometer or a second signal pathway between the aiming beam emission source and at least one of the surgical fiber or the spectrometer (as recited in claim 18); a method for spectroscopic signal detection during an in-vivo-insertable medical procedure, the method comprising: emitting a first signal from a light source toward a target; emitting a second signal from an aiming beam emission source toward the target; pre-filtering the second signal emitted from the aiming beam emission source using an optical component located at an output of the aiming beam emission source as the second signal is emitted from aiming beam emission source to remove at least one source of noise from the second signal before it reaches the target; receiving, in response to the first signal, a third signal from the target at a spectrometer; attenuating or removing noise associated with the second signal from a third signal; and analyzing the collected third signal to determine a characteristic of the target (as recited in claim 19); wherein the attenuated or removed noise has substantially the same wavelength as the second signal before pre-filtering (as recited in claim 20).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott Luan, Ph.D.
/SCOTT LUAN/Primary Examiner, Art Unit 3792
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