DETAILED ACTION
This action is pursuant to claims filed on 0/25/2023. Claims 1-13 are pending. A first action on the merits of claims 1-13 is as follows.
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 .
Claim Objections
Claims 1-2, 6-8, and 12-13 are objected to because of the following informalities:
In claim 1, “A” should read “a” in multiple locations
In claim 1, “An” should read “an”
In claim 2, “Register” should read “register” in multiple locations
In claim 2, “Fuse” should read “fuse”
In claim 2, “Transmitting” should read “transmitting”
In claim 2, the claim says “transmitting the calibrated superimposed multi-layer reconstruction of the region of interest (200) is transmitted…”. The claim should be amended to remove the repeated use of “transmitted” to be grammatically correct
In claim 6, “2,5 cm” should read “2.5 cm”
In claim 7, “7,5 cm” should read “7.5 cm”
In claim 8, “further the adaptable light source” should read “further comprises wherein the adaptable light source”
In claim 8, the acronym LED should be spelled out the first time it is introduced in the claims
In claim 12, “the presence” should read “a presence”
In claim 13, “System” should read “A system”
In claim 13, “a medical or a cosmetic skin condition” should read “the medical or the cosmetic skin condition”
In claim 13, “A multi-function device” should read “the multifunction device”
In claim 13, “A” should read “a”
In claim 13, “One” should read “one”
In claim 13, “Registering” should read “register” in multiple locations
In claim 13, “Fusing” should read “fuse”
In claim 13, “Transmitting” should read “transmit”
In claim 13, “is through” should read “through”
Appropriate correction is required.
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 1-13 are 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.
Regarding claim 1, the claim recites the limitation “the skin”. There is insufficient antecedent basis for this limitation in the claim. Claims 2-13 are also rejected due to their dependency on claim 1.
Further regarding claim 1, the claim recites the limitation “the temperature”. There is insufficient antecedent basis for this limitation in the claim. Claims 2-13 are also rejected due to their dependency on claim 1.
Further regarding claim 1, the claim recites the limitation “the image information”. There is insufficient antecedent basis for this limitation in the claim. Claims 2-13 are also rejected due to their dependency on claim 1.
Further regarding claim 1, the claim recites the limitation “the one or more imaging systems”. There is insufficient antecedent basis for this limitation in the claim. Claims 2-13 are also rejected due to their dependency on claim 1.
Further regarding claim 1, the claim recites the limitation “the user”. There is insufficient antecedent basis for this limitation in the claim. Claims 2-13 are also rejected due to their dependency on claim 1.
Further regarding claim 1, the claim recites the limitation “the image information obtained by the detector”. There is insufficient antecedent basis for this limitation in the claim. Claims 2-13 are also rejected due to their dependency on claim 1.
Regarding claim 2, the claim recites the limitation “the calibration region”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 2, the claim recites the limitation “the calibration tube”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 2, the claim recites the limitation “the panoramic region”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 2, the claim recites the limitation “the cloud”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 2, the claim recites the limitation “a user”. It is unclear if this is referring to the user from claim 1, or a different user. If it is referring to the user from claim 1, it needs to refer back to it. If it is referring to a different user, it needs to be distinguished. For purposes of examination, it is being interpreted as referring to the user from claim 1.
Regarding claim 3, the claim recites the limitation “the calibration tube”. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 4, the claim recites the limitation “the calibration image”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 4, the claim recites the limitation “the tissue”. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 5, the claim recites the limitation “the panoramic image”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 5, the claim recites the limitation “the skin tissue”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 5, the claim recites the limitation “the calibration image”. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 6, the claim recites the limitation “the calibration tube”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 6, the claim recites the limitation “preferably of 2,5 cm or more, even more preferably of 5 cm or more”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 6 recites the broad recitation 1 cm or more, and the claim also recites 2.5 cm or more and 5 cm or more, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Additionally, the use of “preferably” creates confusion as to whether the “preferred” limitations are required by the claimed invention or are optional limitations. It is unclear what structure is required due to the use of “preferably” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b). For purposes of examination, any length of 1 cm or greater will teach on this limitation.
Regarding claim 7, the claim recites the limitation “the calibration tube”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 7, the claim recites the limitation “preferably of 10 cm or less, even more preferably of 7,5 cm or less”. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 7 recites the broad recitation 15 cm or less, and the claim also recites 10 cm or less and 7,5 cm or less, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Additionally, the use of “preferably” creates confusion as to whether the “preferred” limitations are required by the claimed invention or are optional limitations. It is unclear what structure is required due to the use of “preferably” in the claim, therefore the claim is indefinite under 35 U.S.C. 112(b). For purposes of examination, any length of 15 cm or less will teach on this limitation.
Regarding claim 9, the claim recites the limitation “the one or more light sources”. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10, the claim recites the limitation “further comprises a voice recording system”. It is unclear if this is referring to the voice recording system introduced in claim 1, or a different voice recording system. If it is referring to the voice recording system from claim 1, it needs to refer back to it. If it is referring to a different voice recording system, it needs to be distinguished. For purposes of examination, it is being interpreted as referring to the voice recording system from claim 1.
Regarding claim 13, the claim recites the limitation “the calibration region”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 13, the claim recites the limitation “the calibration tube”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 13, the claim recites the limitation “the panoramic region”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 13, the claim recites the limitation “a secured connection”. It is unclear if this is referring to the secured connection introduced earlier in the claim, or a different secured connection. If it is referring to the secured connection introduced earlier, it needs to refer back to it. If it is referring to a different secured connection, it needs to be distinguished. For purposes of examination, it is being interpreted as referring to the secured connection introduced earlier in the claim.
Further regarding claim 13, the claim recites the limitation “the cloud”. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 13, the claim recites the limitation “a receiver”. It is unclear if this is referring to the receiver introduced earlier in the claim or a different receiver. If it is referring to the receiver introduced earlier in the claim, it needs to refer back to it. If it is referring to a different receiver, it needs to be distinguished. For purposes of examination, it is being interpreted as referring to the receiver introduced earlier in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-5, 8-10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DaCosta (WO 2020148726).
Regarding independent claim 1, DaCosta teaches a multi-function device (100) for the ergonomic remote monitoring of a medical or a cosmetic skin condition (Abstract: “A portable, modular handheld imaging system is disclosed.”), comprising
A camera (20) comprising one or more objective lenses ([0062]: “the imaging device 200 includes three camera sensors 260, 265, 270 and each sensor includes a fixed filter 261 , 266, 271”; [0068]: “The imaging lens or lens assembly may be configured to focus the filtered autofluorescence emissions and fluorescence emissions on the image sensor. A wide-angle imaging lens or a fish-eye imaging lens are examples of suitable lenses”);
A detector configured to acquire a plurality of images of a region of interest (200) of the skin ([0066]: “When the device 100 or 200 is held above a target tissue surface (e.g., a wound) to be imaged, the illuminating light sources may shine a narrow-bandwidth or broad-bandwidth violet/blue wavelength or other wavelength or wavelength band of light onto the tissue/wound surface thereby producing a flat and homogeneous field of light within the region-of-interest.”; [0073]: “The electronics system can include, for example and without limitation, electronic control components such as an application processor module, a real time microcontroller unit (MCU), and a power management subsystem. The electronics system can further include components and systems that interface with other electronic components of the handheld imaging device.”);
An adaptable light source ([0055]: “The optical housing portion 140 can include one or more excitation light sources”; [0056]: “the excitation light source may be configured to provide two or more wavelengths of excitation light”);
A temperature sensor for measuring the temperature of the skin ([0072]: “The optical PCB further includes … a temperature sensor.”);
A voice recording system (40) ([00103]: “Other features of this device may include the capability of digital image and video recording, with audio, methods for documentation (e.g., with image storage and analysis software), and wired or wireless data transmission for remote telemedicine/E-health needs”);
A processor configured to produce from the image information obtained by the one or more imaging systems a multilayer three dimensional reconstruction of the region of interest (200) of the skin ([0012]: “a processor is configured to receive the detected fluorescent and white light optical signals and to output a representation of the target surface to a display based on the detected optical signals”; [0093: “the modular handheld device may be used to obtain three-dimensional fluorescent images of the target”; Claim 24: “wherein the processor is further configured to receive image data from the second and third image sensors and output a stereoscopic or three-dimensional image”);
A graphical user interface (30) configured to display the image information and to receive instructions of the user via a touch screen ([0048]: “A front, or user-facing side 1 15 of the base body portion 1 10 includes a display screen 120 for displaying images and videos captured by the device … the device may take on any shape that will reasonably support a display screen such as a touchscreen display. In addition to disclosing images captured by the imaging device 100, the display screen also operates as a user interface, allowing the user to control functions of the device via touchscreen input.”);
A wireless communication system to transmit the image information obtained by the detector ([0095]: “The device may also have: iii) a wired and/or wireless data transfer port/module”; [00103]: “Other features of this device may include the capability of digital image and video recording, with audio, methods for documentation (e.g., with image storage and analysis software), and wired or wireless data transmission for remote telemedicine/E-health needs.”); and
An energy source ([0095]: “The device may also have … an electrical power source”).
Regarding claim 3, DaCosta teaches the multi-function device (100) according to claim 1, wherein the calibration tube (10) is an opaque or partially or fully transparent hollow body (Fig. 16B).
Regarding claim 4, DaCosta teaches the multi-function device (100) according to claim 1, wherein the calibration image (50) is an image of the tissue surrounding the region of interest (200) ([00107]: “to aid in intensity calibration of the fluorescence images, a disposable simple fluorescent standard ‘strip’ may be placed into the field of view during wound imaging … With the strip placed near the wound margin or boundary on the normal skin surface, the device may be used to take white light and fluorescence images. The strip may offer a convenient way to take multiple images over time of a given wound and then align the images using image analysis … Such a strip may be an example of a calibration target which may be used with the device to aid in calibration or measuring of image parameters (e.g., wound size, fluorescence intensity, etc.), and other similar calibration target may be used”).
Regarding claim 5, DaCosta teaches the multi-function device (100) according to claim 1, wherein the panoramic image (60) comprises the skin tissue corresponding to the calibrating image (50) and the region of interest (200) ([00114]: “Image stitching algorithms will allow stitching of a series of panoramic or partially overlapping images of a wound into a single image”).
Regarding claim 8, DaCosta teaches the multi-function device (100) according to claim 1, wherein the multi- function device (100) further the adaptable light source is an LED ([0047]: “The light sources of the modular device may comprise LEDs”).
Regarding claim 9, DaCosta teaches the multi-function device (100) according to claim 1, wherein the one or more light sources are infrared or violet light emission sources ([0040]: “The device may utilize a combination of white light (WL) imaging, fluorescence (FL) imaging, infrared (IR) imaging”; [0066]: “the illuminating light sources may shine a narrow-bandwidth or broad-bandwidth violet/blue wavelength or other wavelength or wavelength band of light onto the tissue/wound surface thereby producing a flat and homogeneous field of light within the region-of-interest.”).
Regarding claim 10, DaCosta teaches the multi-function device (100) according to claim 1, wherein the multi-function device (100) further comprises a voice recording system (40) ([00103]: “Other features of this device may include the capability of digital image and video recording, with audio, methods for documentation (e.g., with image storage and analysis software), and wired or wireless data transmission for remote telemedicine/E-health needs”).
Regarding claim 12, DaCosta teaches the multi-function device (100) according to claim 1, wherein the multi-function device (100) further comprises a sensor for measuring the temperature or the presence and quantity of bacteria or any other bodies in the region of interest (200) ([0072]: “The optical PCB further includes … a temperature sensor.”; [0047]: “The fluorescent excitation light can be used to elicit fluorescence from bacteria, i.e., as a response to illumination with the excitation light”; [0096]: “the device can determine an amount or quantity of bacteria in the wound, the bacterial load, distinguish between various types of bacteria within the load and identify relative percentages”).
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.
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over DaCosta as applied to claim 1 above, and further in view of Subhash (CN 110785208).
Regarding claim 2, DaCosta teaches the multi-function device (100) according to claim 1, wherein the multi-function device is configured to Register a calibration image (50) of the calibration region (55) in proximity of the region of interest (200) through the calibration tube (10) at a calibration distance ([00107]: “to aid in intensity calibration of the fluorescence images, a disposable simple fluorescent standard ‘strip’ may be placed into the field of view during wound imaging … With the strip placed near the wound margin or boundary on the normal skin surface, the device may be used to take white light and fluorescence images. The strip may offer a convenient way to take multiple images over time of a given wound and then align the images using image analysis … Such a strip may be an example of a calibration target which may be used with the device to aid in calibration or measuring of image parameters (e.g., wound size, fluorescence intensity, etc.), and other similar calibration target may be used”; [0078]: “The imaging drape 500 is shown connected to an imaging device such as the imaging devices 100, 200 previously discussed herein in Figs. 15D-15F. The drape 500 may be used in conjunction with any of the imaging devices disclosed herein”); Register a panoramic image (60) of the panoramic region (65) at a panoramic distance ([00114]: “Image stitching algorithms will allow stitching of a series of panoramic or partially overlapping images of a wound into a single image, either in automated or manual mode”).
However, DaCosta does not teach register a near-distance image (70) of the region of interest (200) at a near distance.
Subhash discloses a skin care apparatus and system. Specifically, Subhash teaches register a near-distance image (70) of the region of interest (200) at a near distance ([0200]: “wherein the plurality of images includes images of the user's face taken at or near a surface of the user's face”; [0291]: “the image data for each of the plurality of images is generated from a plurality of close-range images”). DaCosta and Subhash are analogous arts as they are both related to monitoring the skin of a user through optical measures.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the near distance image from Subhash into the device from DaCosta as it allows the device to add an additional, up close image to the analysis, which can provide more information to the device and allows for a more accurate and comprehensive analysis.
The DaCosta/Subhash combination teaches fuse the calibration image (50), the panoramic image (60) and the near-distance image (70)to obtain a calibrated superposed multi-layer reconstruction of the region of interest (200) (DaCosta, [00114]: “Image stitching algorithms will allow stitching of a series of panoramic or partially overlapping images of a wound into a single image, either in automated or manual mode”); Transmitting the calibrated superposed multi-layer reconstruction of the region of interest (200) is transmitted through a secured connection (305, 315, 325,335) in the cloud (300) to a user (310, 320, 330) (DaCosta, [0095]: “The device may also have: iii) a wired and/or wireless data transfer port/module”; [00103]: “Other features of this device may include the capability of digital image and video recording, with audio, methods for documentation (e.g., with image storage and analysis software), and wired or wireless data transmission for remote telemedicine/E-health needs.”; [0047]: “WIFI communications used for cloud storage of images, field update of system software, and managing pay-per-use usage”); wherein the panoramic region (65) comprises the region of interest (200) and the calibration region (55) (DaCosta, [00114]: “Image stitching algorithms will allow stitching of a series of panoramic or partially overlapping images of a wound into a single image”); and wherein the near-distance image (70) fully or partially excludes the calibration region (55) (It would be obvious that the near-distance image does not include the calibration region, as the calibration region encompasses areas outside of the region of interest, and the near-distance image is a close-up on the region of interest).
Regarding claim 13, DaCosta teaches a System for ergonomically and remotely monitoring a medical or a cosmetic skin condition (Abstract: “A portable, modular handheld imaging system is disclosed.”), comprising a. A multi-function device (100) according to claim 1, A cloud-based data transmission system (300) configured to transmit the information obtained by the multi- function device (100) through a secured connection to a receiver (310, 320, 330) ([0095]: “The device may also have: iii) a wired and/or wireless data transfer port/module”; [00103]: “Other features of this device may include the capability of digital image and video recording, with audio, methods for documentation (e.g., with image storage and analysis software), and wired or wireless data transmission for remote telemedicine/E-health needs.”; [0047]: “WIFI communications used for cloud storage of images, field update of system software, and managing pay-per-use usage”); One or more receivers (310, 320, 330) configured to receiving the information obtained by the multi-function device (1000) ([0066]: “When the device 100 or 200 is held above a target tissue surface (e.g., a wound) to be imaged, the illuminating light sources may shine a narrow-bandwidth or broad-bandwidth violet/blue wavelength or other wavelength or wavelength band of light onto the tissue/wound surface thereby producing a flat and homogeneous field of light within the region-of-interest.”; [0073]: “The electronics system can include, for example and without limitation, electronic control components such as an application processor module, a real time microcontroller unit (MCU), and a power management subsystem. The electronics system can further include components and systems that interface with other electronic components of the handheld imaging device.”); wherein the multi-function device (100) is configured to Registering a calibration image (50) of the calibration region (55) in proximity of the region of interest (200) through the calibration tube (10) at a calibration distance ([00107]: “to aid in intensity calibration of the fluorescence images, a disposable simple fluorescent standard ‘strip’ may be placed into the field of view during wound imaging … With the strip placed near the wound margin or boundary on the normal skin surface, the device may be used to take white light and fluorescence images. The strip may offer a convenient way to take multiple images over time of a given wound and then align the images using image analysis … Such a strip may be an example of a calibration target which may be used with the device to aid in calibration or measuring of image parameters (e.g., wound size, fluorescence intensity, etc.), and other similar calibration target may be used”; [0078]: “The imaging drape 500 is shown connected to an imaging device such as the imaging devices 100, 200 previously discussed herein in Figs. 15D-15F. The drape 500 may be used in conjunction with any of the imaging devices disclosed herein”); Registering a panoramic image (60) of the panoramic region (65) at a panoramic distance ([00114]: “Image stitching algorithms will allow stitching of a series of panoramic or partially overlapping images of a wound into a single image, either in automated or manual mode”).
However, DaCosta does not teach registering a near-distance image (70) of the region of interest (200) at a near distance.
Subhash discloses a skin care apparatus and system. Specifically, Subhash teaches registering a near-distance image (70) of the region of interest (200) at a near distance ([0200]: “wherein the plurality of images includes images of the user's face taken at or near a surface of the user's face”; [0291]: “the image data for each of the plurality of images is generated from a plurality of close-range images”). DaCosta and Subhash are analogous arts as they are both related to monitoring the skin of a user through optical measures.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the near distance image from Subhash into the system from DaCosta as it allows the system to add an additional, up close image to the analysis, which can provide more information to the system and allows for a more accurate and comprehensive analysis.
The DaCosta/Subhash combination teaches fusing the calibration image (50), the panoramic image (60) and the near-distance image (70) to obtain a calibrated superposed multi-layer reconstruction of the region of interest (200) ([00114]: “Image stitching algorithms will allow stitching of a series of panoramic or partially overlapping images of a wound into a single image, either in automated or manual mode”); Transmitting the calibrated superposed multi-layer reconstruction of the region of interest (200) is through a secured connection (305, 315, 325, 335) in the cloud (300) to a receiver (310, 320, 330) ([0095]: “The device may also have: iii) a wired and/or wireless data transfer port/module”; [00103]: “Other features of this device may include the capability of digital image and video recording, with audio, methods for documentation (e.g., with image storage and analysis software), and wired or wireless data transmission for remote telemedicine/E-health needs.”); wherein the panoramic region (65) comprises the region of interest (200) and the calibration region (55) ([00114]: “Image stitching algorithms will allow stitching of a series of panoramic or partially overlapping images of a wound into a single image”); and wherein the near-distance image (70) fully or partially excludes the calibration region (55) (It would be obvious that the near-distance image does not include the calibration region, as the calibration region encompasses areas outside of the region of interest, and the near-distance image is a close-up on the region of interest).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over DaCosta as applied to claim 1 above, and further in view of DaCosta ‘770 (US PG Pub 20220092770).
Regarding claim 6, DaCosta teaches the multi-function device (100) according to claim 1.
However, DaCosta is silent on the length of the calibration tube.
DaCosta ‘770 discloses systems and method for three-dimensional imaging. Specifically, DaCosta teaches distance from the light sources and camera to the target area being measured ([0109]: “The distance of the light source to the target to be imaged and/or measured can be, for example, from about 1.0 mm to about 10 m, from about 0.5 cm to about 5.0 m, from about 1.0 cm to about 2.5 m, from about 2.5 cm to about 1.0 m, from about 5.0 cm to about 0.5 m, from about 10.0 cm to about 0.25 m, or from about 25 cm to about 100 cm, or any intermediate distance thereof, or any combination thereof from the target area”). DaCosta and DaCosta ‘770 are analogous arts as they are both related to monitoring the skin of a user through optical measures.
The DaCosta/DaCosta ‘770 combination teaches wherein the calibration tube (10) has a length of 1 cm or more, preferably of 2,5 cm or more, even more preferably of 5 cm or more, since the calibration tube is located between the light sources and camera and the target area, and DaCosta ‘770 discloses the specific length of that distance. Additionally, DaCosta is silent on the distance, and DaCosta ‘770 discloses a suitable distance in an analogous device.
Regarding claim 7, DaCosta teaches the multi-function device (100) according to claim 1.
However, DaCosta is silent on the length of the calibration tube.
DaCosta teaches distance from the light sources and camera to the target area being measured ([0109]: “The distance of the light source to the target to be imaged and/or measured can be, for example, from about 1.0 mm to about 10 m, from about 0.5 cm to about 5.0 m, from about 1.0 cm to about 2.5 m, from about 2.5 cm to about 1.0 m, from about 5.0 cm to about 0.5 m, from about 10.0 cm to about 0.25 m, or from about 25 cm to about 100 cm, or any intermediate distance thereof, or any combination thereof from the target area”).
The DaCosta/DaCosta ‘770 combination teaches wherein the calibration tube (10) has a length of 15 cm or less, preferably of 10 cm or less, even more preferably of 7,5 cm or less, since the calibration tube is located between the light sources and camera and the target area, and DaCosta ‘770 discloses the specific length of that distance. Additionally, DaCosta is silent on the distance, and DaCosta ‘770 discloses a suitable distance in an analogous device.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over DaCosta as applied to claim 1 above, and further in view of Sperrhake (US PG Pub 20220409078).
Regarding claim 11, DaCosta teaches the multi-function device (100) according to claim 1, wherein the multi-function device (100) further comprises one or more filters ([0012]: “A first filter is configured to detect and permit passage of optical signals”).
However, DaCosta does not teach the filters comprising a plurality of apertures.
Sperrhake discloses a method and device for determination of temporal color. Specifically, Sperrhake teaches the filters comprising a plurality of apertures ([0022]: “second filter structures serve to filter a second measurement spectral range … The spectral selectivity can be determined by means of the material, for example, gold or silicon, the array period or pitch of the holes and the diameter of the holes”). DaCosta and Sperrhake are analogous arts as they are both related to monitoring the skin of a user through optical measures.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the filters with apertures into the device from DaCosta as it allows the device to filter additional, different unwanted signals, which can provide a more accurate result to the device for analysis.
Conclusion
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/E.K.M./Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791