DETAILED ACTION
Response to Amendment
This Office Action is responsive to the amendment filed on 05/13/2026. As indicated by the amendment: claims 1-3 and 1-17 have been cancelled and new claims 18-36 have been added. New claims 18-20 correspond to original claims 1-3, respectively, new claims 21-27 correspond to original claims 1-7, respectively, new claim 28 corresponds to original claims 8 and 12, new claims 29-33 correspond to original claims 9-11 and 13-14, respectively, and new claims 34-36 correspond to original claims 15-17, respectively. In response to the new claims 18-37 which clarify the rejections of original claims 2-3, -7, 9-14 and 16-17 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, and 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), fourth paragraph, the rejections have been withdrawn. Claims 18-36 are presently pending in the application.
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.
Claim(s) 18-20, 24, 28-31 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (US 2020/0260935 A1) in view of Ouyang (US 2019/0216325 A1).
Regarding claim 18, Wright discloses a hand-held imaging pen (Fig. 2) comprising: an elongated, pen-shaped housing that is shaped and dimensioned for holding as a pen and configured for directing a distal end thereof in or at a body opening or surface (Fig. 2; par. [0029]); a first light source (par. [0023] and [0029]) selectively emitting white light from the housing to illuminate a first field of view (FOV) (par. [0023] and [0029]); a first multi-pixel, two-dimensional (2D) image sensor (234; par. [0025] and [0030]) in the housing, configured to image white light from said first FOV and produce white light image data (par. [0030]); a wireless transmitter (236; Fig. 2; par. [0030]) in the housing, configured to receive said white light image data and to transmit the received image data to a display wirelessly coupled to the transmitter (par. [0030]; Fig. 2; 226); a power source (238; Fig. 2; par. [0030]-[0031]) in said housing selectively powering said first light source and first image sensor and said wireless transmitter (par. [0031]); and a tactile control interface (240; par. [0031]; Fig. 2) mounted to the housing and operatively coupled with said first light source and sensor, and wireless transmitter for selective operation thereof (par. [0031]).
Although Wright discloses its hand-held imaging pen comprising light sources of various wavelengths and sensors that are sensitive to particular wavelengths, fluorescence for example (par. [0023]), it does not specifically disclose the pen comprising a second source selectively emitting non-white light from the housing to illuminate a second field of view (FOV); a second multi-pixel, two-dimensional (2D) image sensor in the housing, configured to image non-white light from said second FOV and produce non-white light image data. Ouyang teaches an analogous imaging instrument having a first light source (834) that emits white light (par. [0079]; Fig. 8); a second source (832) selectively emitting non-white light (par. [0079]; Fig. 8) from the housing to illuminate a second field of view (FOV); a first image sensor (810; par. [0079]; Fig. 8) configured to image white light and produce white light image data (par. [0079]); and a second multi-pixel, two-dimensional (2D) image sensor (812; par. [0079]; Fig. 8)in the housing, configured to image non-white light from said second FOV and produce non-white light image data (par. [0079]). Ouyang teaches creating both white light images and non-white light images to provide improved visualization of tissue (par. [0061]). It would have been obvious to one having ordinary skill in the art to include a second non-white light source and a second non-white image sensor in order to capture both white light images and non-white light images in order to provide improved visualization of tissue, as taught by Ouyang.
Regarding claim 19, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 18, in which said first (par. [0023] and [0029]; Ouyang: 834) and second light sources (Ouyang: 832) emit light from a single distal end of the housing (Fig. 2; Ouyang: Fig. 8).
Regarding claim 20, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 19, in which said first and second FOVs at least partly overlap (Ouyang: Fig. 8).
Regarding claim 24, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 18, in which said tactile control interface (240) comprises a finger-operated button mounted to and accessible from outside said housing (par. [0031]; Fig. 2).
Regarding claim 28, Wright discloses a hand-held imaging pen (Fig. 2) comprising: an elongated, pen-shaped housing that is shaped and dimensioned for holding as a pen and configured for directing a distal end thereof in or at a body opening or surface (Fig. 2; par. [0029]); a first light source (par. [0023] and [0029]) selectively emitting light in a first wavelength range from the housing to illuminate a first field of view (FOV) (par. [0023] and [0029]); a first image sensor (234; par. [0025] and [0030]) configured to image light in said first wavelength range from said first FOV and produce white first image data (par. [0030]); a wireless transmitter (236; Fig. 2; par. [0030]) in the housing, configured to receive said first image data and to transmit the received first image data to a display wirelessly coupled to the transmitter (par. [0030]; Fig. 2; 226); a power source (238; Fig. 2; par. [0030]-[0031]) in said housing selectively powering said first light source and first image sensor and said wireless transmitter (par. [0031]); and a tactile control interface (240; par. [0031]; Fig. 2) mounted to the housing and operatively coupled with said first light source and sensor, and wireless transmitter for selective operation thereof (par. [0031]).
Although Wright discloses its hand-held imaging pen comprising light sources of various wavelengths and sensors that are sensitive to particular wavelengths, fluorescence for example (par. [0023]), it does not specifically disclose the pen comprising a second light source selectively emitting light from the housing in a second wavelength range different from the first wavelength range to illuminate a second FOV; a second image sensor configured to image light in said second wavelength range from said second FOV and produce second image data. Ouyang teaches an analogous imaging instrument having a first light source (834) that emits white light (par. [0079]; Fig. 8); a second source (832) selectively emitting non-white light (par. [0079]; Fig. 8) from the housing to illuminate a second field of view (FOV); a first image sensor (810; par. [0079]; Fig. 8) configured to image white light and produce white light image data (par. [0079]); and a second multi-pixel, two-dimensional (2D) image sensor (812; par. [0079]; Fig. 8) in the housing, configured to image non-white light from said second FOV and produce non-white light image data (par. [0079]). Ouyang teaches creating both white light images and non-white light images to provide improved visualization of tissue (par. [0061]). It would have been obvious to one having ordinary skill in the art to include a second non-white light source and a second non-white image sensor in order to capture both white light images and non-white light images in order to provide improved visualization of tissue, as taught by Ouyang.
Regarding claim 29, Wright in view of Ouyang disclose the hand-held imaging pen as in claim 28, in which said first wavelength range corresponds to white light (par. [0023]).
Regarding claim 30, Wright in view of Ouyang disclose the hand-held imaging pen as in claim 28, but does not specifically disclose in which said second wavelength range corresponds to infrared light. Ouyang teaches an analogous imaging instrument having a first light source (834) that emits white light (par. [0079]; Fig. 8) and a second source (832) selectively emitting non-white light (par. [0079]; Fig. 8). As discussed above, Ouyang teaches creating both white light images and non-white light images to provide improved visualization of tissue (par. [0061]). At the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to use a light source emitting light in a wavelength that corresponds to infrared light because Applicant has not disclosed that using infrared light provides an advantage, is used for a particular purpose, or solves a stated problem. Applicant discloses that light source “emits non-white light such as infrared light, or near infrared (NIR) light, or light in another non-white range such as blue light” (par. [0082]). One of ordinary skill in the art, furthermore, would have expected modified Wright’s imaging pen, and applicant’s invention, to perform equally well with either the light source taught by modified Wright or the claimed infrared light source because both light sources would perform the same function of imaging tissues responsive to non-white light.
Regarding claim 31, Wright in view of Ouyang disclose the hand-held imaging pen as in claim 28, but does not specifically disclose in which said first selected wavelength range corresponds to blue light. Ouyang teaches an analogous imaging instrument having a first light source (834) that emits white light (par. [0079]; Fig. 8) and a second source (832) selectively emitting blue light (par. [0079]; Fig. 8). Ouyang teaches creating both white light images and non-white light images to provide improved visualization of tissue (par. [0061]). It would have been obvious to one having ordinary skill in the art to include a blue light source and a second blue light image sensor in order to capture both white light images and non-white light images in order to provide improved visualization of tissue, as taught by Ouyang.
Regarding claim 33, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 28, in which the first (par. [0023] and [0029]; Ouyang: 834) and second light sources (Ouyang: 832) are at a single longitudinal end of the housing (Fig. 2; Ouyang: Fig. 8).
Claim(s) 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright in view of Ouyang as applied to claim 18 above, and further in view of Baumann et al. (US 2021/0044754 A1).
Regarding claim 21, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 18, but does not specifically disclose in which the second light source comprises a source of near infrared light (NIR) and at least one of the first and second imaging sensors comprises a light sensor having spatial resolution of at least 2000 pixels in at least one dimension. Baumann teaches that imaging sensors are capable of providing HD resolution (e.g., 1280×720 pixels), FullHD resolution (e.g., 1920×1080 pixels), 2K resolution (e.g., 2048×1536 pixels), and even 4K resolution (e.g., 4096×3072 pixels) (see par. [0044]). It would have been obvious to one having ordinary skill in the art to use a 2K resolution or 4K resolution imaging sensor to provide a high image resolution thereby improving visualization of the target area. Additionally, at the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to use a light source emitting light in a wavelength that corresponds to near infrared light because Applicant has not disclosed that using near infrared light provides an advantage, is used for a particular purpose, or solves a stated problem. Applicant discloses that light source “emits non-white light such as infrared light, or near infrared (NIR) light, or light in another non-white range such as blue light” (par. [0082]). One of ordinary skill in the art, furthermore, would have expected Wright’s imaging pen, and applicant’s invention, to perform equally well with either the light source taught by modified Wright or the claimed near infrared light source because both light sources would perform the same function of imaging tissues responsive to non-white light.
Regarding claim 22, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 18, in which the second light source comprises a source of blue light (Ouyang: 832; par. [0079]), but does not specifically disclose at least one of the first and second imaging sensors comprises a light sensor having spatial resolution of at least 2000 pixels in at least one dimension. Baumann teaches that imaging sensors are capable of providing HD resolution (e.g., 1280×720 pixels), FullHD resolution (e.g., 1920×1080 pixels), 2K resolution (e.g., 2048×1536 pixels), and even 4K resolution (e.g., 4096×3072 pixels) (see par. [0044]). It would have been obvious to one having ordinary skill in the art to use a 2K resolution or 4K resolution imaging sensor to provide a high image resolution thereby improving visualization of the target area.
Regarding claim 23, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 18, but does not specifically disclose in which each of said first and second image data has spatial resolution of at least 2000 pixels in at least one dimension. Baumann teaches that imaging sensors are capable of providing HD resolution (e.g., 1280×720 pixels), FullHD resolution (e.g., 1920×1080 pixels), 2K resolution (e.g., 2048×1536 pixels), and even 4K resolution (e.g., 4096×3072 pixels) (see par. [0044]). It would have been obvious to one having ordinary skill in the art to use a 2K resolution or 4K resolution imaging sensor to provide a high image resolution thereby improving visualization of the target area.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright in view of Ouyang as applied to claim 18 above, and further in view of Levy et al. (US 2021/0121045 A1).
Regarding claim 26, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 18, but does not specifically disclose further including a third light source emitting light from the housing to illuminate a third FOV and a third multi-pixel, 2D image sensor configured to image light from said third light source within said third FOV and produce third image data, and said wireless transmitter is further configured to receive said third image data and transmit the received third image date to the display. Levy teaches an analogous imaging instrument comprising a third light source (see Figs. 1C-1F; par. [0418]-[0423]) emitting light from the housing to illumination a third FOV and a third multi-pixel 2D image sensor (par. [0418]-[0423]; Figs. 1C-1F) configured to image light from said third light source within said third FOV and produce third image data. Levy teaches incorporation of multiple light sources and image sensors in order to provide a broader field of view of the target areas to the operator (abstract). It would have been obvious to one having ordinary skill in the art to provide a third light source and third image sensor to the pen of Wright in order to provide a broader field of view of the target areas to the operator, as taught by Levy. Additionally, such a modification provides a configuration wherein the wireless transmitter (236) can receive and transmit third image data to the display.
Claim(s) 25, 32 and 34-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (US 2020/0260935 A1) in view of Ouyang (US 2019/0216325 A1) in view of Ouyang et al. (US 2017/0188793 A1).
Regarding claim 25, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 18, but does not specifically disclose in which said tactile control interface comprises plural buttons mounted to and accessible from outside said housing and configured to operate respective functions of said light sources, image sensors and wireless transmitter. Ouyang et al. teaches an analogous imaging instrument (100; Fig. 9) wherein the housing includes a tactile control interface (Fig. 9) comprises plural buttons (160 and 162; Fig. 9; par. [0065]) mounted to and accessible from outside said housing and configured to operate respective functions of said light sources, image sensors and wireless transmitter (par. [0065]). It would have been obvious to one having ordinary skill in the art to include buttons for power and image capture on the housing of Wright in order to allow the operator to preserve battery life and control image capture.
Regarding claim 32, Wright in view of Ouyang disclose the hand-held, multi-band imaging pen of claim 28, but does not specifically disclose in which said tactile control interface comprises plural buttons mounted to and accessible from outside said housing and configured to operate respective functions of said light sources, image sensors and wireless transmitter. Ouyang et al. teaches an analogous imaging instrument (100; Fig. 9) wherein the housing includes a tactile control interface (Fig. 9) comprises plural buttons (160 and 162; Fig. 9; par. [0065]) mounted to and accessible from outside said housing and configured to operate respective functions of said light sources, image sensors and wireless transmitter (par. [0065]). It would have been obvious to one having ordinary skill in the art to include buttons for power and image capture on the housing of Wright in order to allow the operator to preserve battery life and control image capture.
Regarding claim 34, Wright disclose a method of imaging a field of view (FOV) within or at a body, comprising: illuminating the FOV with a first light source (par. [0023] and [0029]) emitting light from an elongated, pen-shaped housing that is shaped and dimensioned for holding as a pen (Fig. 2); wherein the first light source (par. [0023] and [0029]) emits light in a first wavelengths range; sensing light within said FOV and within the first wavelength range by a first image sensor (234; par. [0025] and [0030]) to produce respective multi-pixel, two-dimensional image data of light from the first light source; controlling operation of said first light source and image sensor with a button (240; par. [0030]-[0031]) mounted to said housing; wirelessly transmitting (via 236; Fig. 2; par. [0030]) said image data to a display outside the housing (226; par. [0030]); and powering said light source, image sensor, and wireless transmitter with a power source inside the housing (via 238; par. [0030]-[0031]).
Although Wright discloses its hand-held imaging pen comprising light sources of various wavelengths and sensors that are sensitive to particular wavelengths, fluorescence for example (par. [0023]), it does not specifically disclose the pen comprising a second source emitting light in a second wavelength different from the first wavelength; sensing light with the second wavelength range by a second image sensor to produce respective multi-pixel, two-dimensional image date of light from the second light source. Ouyang teaches an analogous imaging instrument having a first light source (834) that emits white light (par. [0079]; Fig. 8); a second source (832) emitting non-white light (par. [0079]; Fig. 8) in a second wavelength different from the first wavelength; a first image sensor (810; par. [0079]; Fig. 8) configured to image white light and produce white light image data (par. [0079]); and a second multi-pixel, two-dimensional (2D) image sensor (812; par. [0079]; Fig. 8) in the housing, configured to image non-white light from said second FOV and produce non-white light image data (par. [0079]). Ouyang teaches creating both white light images and non-white light images to provide improved visualization of tissue (par. [0061]). It would have been obvious to one having ordinary skill in the art to include a second non-white light source and a second non-white image sensor in order to capture both white light images and non-white light images in order to provide improved visualization of tissue, as taught by Ouyang.
However, Wright does not specifically teach more than one button on the housing for controlling operations of the light sources and image sensors. Ouyang et al. teaches an analogous imaging instrument (100; Fig. 9) wherein the housing includes a tactile control interface (Fig. 9) comprises plural buttons (160 and 162; Fig. 9; par. [0065]) mounted to and accessible from outside said housing and configured to operate respective functions of said light sources, image sensors and wireless transmitter (par. [0065]). It would have been obvious to one having ordinary skill in the art to include buttons for power and image capture on the housing of Wright in order to allow the operator to preserve battery life and control image capture.
Regarding claim 35, Wright in view of Ouyang in view of Ouyang et al. disclose the method of claim 34, in which said first wavelength range corresponds to white light (par. [0023] and [0029]). At the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to use a light source emitting light in a wavelength that corresponds to infrared light because Applicant has not disclosed that using infrared light provides an advantage, is used for a particular purpose, or solves a stated problem. Applicant discloses that light source “emits non-white light such as infrared light, or near infrared (NIR) light, or light in another non-white range such as blue light” (par. [0082]). One of ordinary skill in the art, furthermore, would have expected Wright’s imaging pen, and applicant’s invention, to perform equally well with either the light source taught by modified Wright or the claimed infrared light source because both light sources would perform the same function of imaging tissues responsive to non-white light.
Regarding claim 36, Wright in view of Ouyang disclose the method of claim 34, wherein the first (par. [0023] and [0029]; Ouyang: 834) and second light sources (Ouyang: 832) are at a single longitudinal end of the housing (Fig. 2; Ouyang: Fig. 8).
Allowable Subject Matter
Claim 27 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 prior art of record does not specifically disclose, or otherwise render obvious, a hand-held, multi-band imaging pen in which the first light source is at one longitudinal end of the housing and the second light source is at an opposite longitudinal end of the housing, in combination with the other elements of the claim.
Response to Arguments
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. Applicant contends that the present application claims priority to U.S. Application No. 16/363,209 to Ouyang such that Ouyang cannot be relied on as prior art to the claims (see pages 8-9 of the Remarks filed 05/13/2026). The Examiner respectfully disagrees. The present application in a continuation-in-part of the 16/363,209 application. The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis. See MPEP §2133.01. Thus, the subject matter of the claims in the present continuation-in-part application must be fully supported by the disclosure of the 16/323,209 application to have its effective filing date. As is clear from the disclosure of the 16/323,209 application, it does not disclose “a hand-held, multi-band imaging pen comprising: an elongated, pen-shaped housing that is shaped and dimensioned for holding as a pen”. The disclosure of the 16/323,209 is directed to an endoscope comprising a handle, an insertion portion having multiple image sensors and light sources, and a display attached to the handle. Nowhere in the disclosure is there a description of the claimed imaging pen that is shaped and dimensioned for holding as a pen. Additionally, it does not include drawings to illustrate the claimed imaging pen that is shaped and dimensioned for holding as a pen. Accordingly, the claims of the present application do not have the effective filing date of the 16/323,209 parent application. Rather, its effective filing date is filing date of the child CIP. Accordingly, to U.S. Application No. 16/363,209 to Ouyang is prior art and the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/RYNAE E BOLER/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 6/15/26
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