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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/15/2025 has been entered.
Response to Amendment
Currently claims 1-22 are pending.
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.
Claim 21 is 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.
Claim 21 recites the limitation "the first optical window" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes it shall be considered as “a first optical window”.
Further, line 3 recites the limitation "the second optical window". There is insufficient antecedent basis for this limitation in the claim. For examination purposes it shall be considered as “a second optical window”.
Further, line 4 recites the limitation "the third optical window". There is insufficient antecedent basis for this limitation in the claim. For examination purposes it shall be considered as “a third optical window”.
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 1-3, 11-13, 15, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al., (US20190328354A1) in view of Huang et al., (US20150265154A1), and Gronenborn et al., “Optical components and optical systems for VCSEL diode laser systems” Adv. Opt. Techn. 2012; 1(5): 389–396, (hereinafter “Gronenborn”)
Regarding claim 1, Xu teaches a wearable stretchable and/or flexible imaging device that conforms to a shape of a patient surface to which it is attached (fig. 1A Abstract conformable transducer array), comprising:
a stretchable and/or flexible encapsulation substrate (fig. 1b substrate 205) and superstrate (fig. 1b superstrate 240), the stretchable and/or flexible encapsulation substrate being configured to be removably attachable to the patient’s surface (51A-C the device is laminated on the skin and then peeled off [0061]);
a stretchable and/or flexible imaging array layer disposed between the substrate and superstrate and including at least one ultrasound transducer for receiving ultrasound waves (fig. 1b transducer 200 has an imaging array between the silicon elastomer substrate 205 and the silicon elastomer superstrate 240 that gives it large stretchability [0098]) and
a stretchable and/or flexible electrical interconnect layered structure disposed between the superstrate and substrate and being operatively coupled to the at least one ultrasound transducer (fig. 1b metal interconnects such as electrode 230 and 215; [0122] the five layered serpentine electrodes enable a high level of integration and large stretchability; [0126] they are integrated with the transducers ) such that the stretchable and/or flexible electrical interconnect layered structure is configured to selectively address the at least one ultrasound ([0097]).
However, Xu fails to explicitly disclose and at least one laser diode for generating pulses of light that cause ultrasonic emission from tissue within a patient, and selectively addressing the at least one laser diode.
In the same photoacoustic field of endeavor, Huang teaches at least one laser diode for generating pulses of light that cause ultrasonic emission from tissue within a patient ([0030] the sensor can emit light at certain wavelengths to generate acoustic waves in response to the emitted light), and selectively addressing the at least one laser diode ([0055] the processor can drive individual light emitting components).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substituting the imaging system of the device of Xu with the photoacoustic system of Huang, as both inventions relate to imaging devices and would yield the predictable result of a photoacoustic system that is on a flexible and/or stretchable patch to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of Xu adding at least one laser diode between the superstrate and substrate and coupled to the flexible electrical interconnect structure to make a photoacoustic system are reasonably predictable.
However, the combination of references fail to explicitly disclose wherein the at least one laser diode includes a plurality of laser diodes arranged in uniformly spaced columns, each laser diode having a divergence angle of approximately 20°, such that beams from adjacent laser diodes overlap to produce an optical intensity distribution varying by less than 20% across an imaging area.
In the same optical field of endeavor, Gronenborn teaches wherein the at least one laser diode includes a plurality of laser diodes arranged in uniformly spaced columns (page 393 “The pitch between the lasers is p x = 600 μ m in the x-direction and p y = 250 μ m in the y-direction.”), each laser diode having a divergence angle of approximately 20° (page. 393 “The resulting divergence angles of the collimated beam are θx = 21°” 21° is approximately 20°), such that beams from adjacent laser diodes overlap (page 392 to obtain a homogenous intensity profile, its desirable to overlap the radiation of as many lasers as possible.) to produce an optical intensity distribution varying by less than 20% across an imaging area (page 391 the variation of the intensity is within ± 5%).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to apply the optical system of Gronenborn to the base device of modified Xu, as both inventions relate to comparable devices that comprise optical laser systems and would yield the predictable result of a patch that includes an optical system that has uniformly spaced columns that have overlapping beams to one of ordinary skill in the art. One of ordinary skill would able to perform such an application, and the results of the device of modified Xu having an optical system that comprises uniformly spaced columns laser diodes that have a divergence angle of around 20 degrees and have beams that overlap to produce an intensity varying less than 20% are reasonably predictable.
Regarding claim 2, modified Xu teaches the device of claim 1, wherein Xu further teaches the stretchable and/or flexible electrical interconnect layered structure has a patterned island and bridge structure that includes a plurality of islands electrically interconnected by bridges, the at least one ultrasound transducer supported by one of the islands (fig. 1b the transducer element comprises patterned bilayers of Cu/polyimide that form islands and bridges [0098]; fig. 12A shows the island-bridge interconnection [0101]).
However, Xu fails to explicitly disclose and the at least one laser diode
In the same imaging field of endeavor, Huang teaches at least one laser diode ([0032] light source 22 comprises light emitting diodes)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to combine each the ultrasound transducers of Xu with a laser diode of Huang, as both inventions relate to imaging devices on flexible and/or stretchable substrates, and would yield the predictable result of a photoacoustic system of ordinary skill. One of ordinary skill would be able to perform such a combination, and the results of modified Xu adding at least one laser diode between the superstrate and substrate and coupled to the flexible electrical interconnect structure are reasonably predictable.
Regarding claim 3, modified Xu teaches the device of claim 1, but fails to explicitly disclose wherein the laser diode includes a vertical-cavity surface-emitting laser (VCSEL).
In the same imaging field of endeavor Huang teaches wherein the laser diode includes a vertical-cavity surface-emitting laser (VCSEL) ([0032] the light source 22 may be a VCSEL).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the lasers of modified Xu with a VCSEL of Huang, as both inventions relate to imaging devices with lasers, and would yield the predictable result of a photoacoustic system that comprises a VCSEL to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu using a VCSEL are reasonably predictable.
Regarding claim 11, modified Xu teaches the device of claim 1, wherein Xu further teaches the flexible imaging device (fig. 1b transducer 200 has an imaging array between the silicon elastomer substrate 205 and the silicon elastomer superstrate 240 that gives it large stretchability [0098]) but fails to explicitly disclose performing photoacoustic imaging of a selected biomolecule by using the at least one laser diode to generate pulses of light that cause ultrasonic emission from a selected biomolecule and using the at least one ultrasound transducer to detect a resulting ultrasonic emission to thereby detect the biomolecule.
However in the same imaging field of endeavor, Huang teaches performing photoacoustic imaging of a selected biomolecule by using the at least one laser diode to generate pulses of light that cause ultrasonic emission from a selected biomolecule and using the at least one ultrasound transducer to detect a resulting ultrasonic emission to thereby detect the biomolecule ([0030] the sensor emits light into a subject’s tissue and detects the acoustic waves that are generated from the emitted light; [0031] the sensor includes ultrasound transducers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the imaging system of Xu with the photoacoustic system of Huang, as both inventions relate to imaging devices, and would yield the predictable result of a photoacoustic system that generates light and causes ultrasonic emission so that an ultrasonic transducer can detect those emissions to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu using a photoacoustic system are reasonably predictable.
Regarding claim 12, Xu teaches a method for sensing of one or more biomolecules in a patient comprising ([0151] the device can penetrate into tissue and capture pulsating blood vessel):
attaching to a patient in a removable manner (fig. 51A-C the device can be laminated and peeled off [0151]) a wearable, stretchable, and/or flexible imaging device that conforms to a shape of a patient surface to which it is attached (fig. 1A Abstract conformable transducer array), the imaging device comprising:
a stretchable and/or flexible encapsulation substrate (fig. 1b substrate 205) and superstrate (fig. 1b superstrate 240), the stretchable and/or flexible encapsulation substrate being configured to be removably attachable to the patient’s surface (51A-C the device is laminated on the skin and then peeled off [0061]);
a stretchable and/or flexible imaging array layer disposed between the substrate and superstrate and including at least one ultrasound transducer for receiving ultrasound waves (fig. 1b transducer 200 has an imaging array between the silicon elastomer substrate 205 and the silicon elastomer superstrate 240 that gives it large stretchability [0098]) and
a stretchable and/or flexible electrical interconnect layered structure disposed between the superstrate and substrate and being operatively coupled to the at least one ultrasound transducer (fig. 1b metal interconnects such as electrode 230 and 215; [0122] the five layered serpentine electrodes enable a high level of integration and large stretchability; [0126] they are integrated with the transducers ) such that the stretchable and/or flexible electrical interconnect layered structure is configured to selectively address the at least one ultrasound transducer ([0097] each transducer is selectively addressable).
However, Xu fails to explicitly disclose chemical sensing of one or more biomolecules and at least one laser diode for generating pulses of light that cause ultrasonic emission from tissue within the patient performing photoacoustic imaging of a selected biomolecule by using the at least one laser diode to generate pulses of light that cause ultrasonic emission from a selected biomolecule and using the at least one ultrasound transducer to detect a resulting ultrasonic emission to thereby detect the biomolecule.
In the same imaging field of endeavor, Huang teaches chemical sensing of one or more biomolecules ([0030]the sensor emits light into a subject’s tissue and detects acoustic waves generated from the emitted light) and at least one laser diode for generating pulses of light that cause ultrasonic emission from tissue within the patient ([0030]the sensor emits light into a subject’s tissue and detects acoustic waves generated from the emitted light), and performing photoacoustic imaging of a selected biomolecule by using the at least one laser diode to generate the pulses of light that cause ultrasonic emission from a selected biomolecule and using the at least one ultrasound transducer to detect a resulting ultrasonic emission to thereby detect the biomolecule ([0030]the sensor emits light into a subject’s tissue and detects acoustic waves generated from the emitted light), and regarding selectively addressing the at least one laser diode ([0055] the processor drives individual light emitting components.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to combine the device of Xu with the laser diodes of Huang, as both inventions relate to imaging devices on flexible and/or stretchable substrates, and would yield the predictable result of a photoacoustic system that is on a flexible and/or stretchable patch to one of ordinary skill. One of ordinary skill would be able to perform such a combination, and the results of Xu adding at least one laser diode between the superstrate and substrate and coupled to the flexible electrical interconnect structure are reasonably predictable.
However, the combination of references fail to explicitly disclose wherein the at least one laser diode includes a plurality of laser diodes arranged in uniformly spaced columns, each laser diode having a divergence angle of approximately 20°, such that beams from adjacent laser diodes overlap to produce an optical intensity distribution varying by less than 20% across an imaging area.
In the same optical field of endeavor, Gronenborn teaches wherein the at least one laser diode includes a plurality of laser diodes arranged in uniformly spaced columns (page 393 “The pitch between the lasers is p x = 600 μ m in the x-direction and p y = 250 μ m in the y-direction.”), each laser diode having a divergence angle of approximately 20° (page. 393 “The resulting divergence angles of the collimated beam are θx = 21°” 21° is approximately 20°), such that beams from adjacent laser diodes overlap (page 392 to obtain a homogenous intensity profile, its desirable to overlap the radiation of as many lasers as possible.) to produce an optical intensity distribution varying by less than 20% across an imaging area (page 391 the variation of the intensity is within ± 5%).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to apply the optical system of Gronenborn to the base method of modified Xu, as both inventions relate to comparable devices that comprise optical laser systems and would yield the predictable result of a patch that includes an optical system that has uniformly spaced columns that have overlapping beams to one of ordinary skill in the art. One of ordinary skill would able to perform such an application, and the results of the method of modified Xu having an optical system that comprises uniformly spaced columns laser diodes that have a divergence angle of around 20 degrees and have beams that overlap to produce an intensity varying less than 20% are reasonably predictable.
Regarding claim 13, modified Xu teaches the method of claim 12, but is silent regarding wherein detecting the biomolecule includes measuring a quantitative level of the biomolecule using the ultrasonic emission.
In the same flexible imaging device field of endeavor, Huang teaches wherein detecting the biomolecule includes measuring a quantitative level of the biomolecule using the ultrasonic emission ([0035] the sensors measures the frequency and/or amplitude of the acoustic waves).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to apply the technique of measuring frequency and amplitude of the photoacoustic system of Huang to the base device of modified Xu as both inventions relate to imaging devices that uses ultrasound, and would yield the predictable result of a photoacoustic system that measures the frequency and amplitude of the acoustic waves from the emitted acoustic waves to one of ordinary skill. One of ordinary skill would be able to perform such an application, and the results of modified Xu adding at least one laser diode between the superstrate and substrate and coupled to the flexible electrical interconnect structure are reasonably predictable. This would allow for clinicians more data so that it would improve tissue discrimination for the clinician.
Regarding claim 15, modified Xu teaches the method of claim 12, but fails to explicitly disclose wherein the biomolecule is hemoglobin.
In the same flexible imaging field of endeavor, Huang teaches wherein the biomolecule is hemoglobin ([0032] deoxyhemoglobin and oxyhemoglobin are the targeted biomolecules).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application substitute the target of modified Xu with the hemoglobin of Huang, as both inventions relate to imaging devices, and would yield the predictable result of using an imaging device to obtain information about hemoglobin to one of ordinary skill in the art. One of ordinary skill would be able to perform such a substitution, and the results of the method of modified Xu targeting hemoglobin for information are reasonably predictable.
Regarding claim 17, modified Xu teaches the method of claim 12, but fails to explicitly disclose wherein the pulses of light that cause ultrasonic emission are generated at 850 nm. In the same flexible imaging field of endeavor, Huang teaches wherein the pulses of light that cause ultrasonic emission are generated at 850 nm ([0032] the light source can be between 800nm-1100nm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the laser of modified Xu with the laser capable of emitting a wavelength between 800 and 1100 nm from Huang, as both inventions relate to imaging and would yield the predictable result of the laser of an imaging array having a wavelength of 850 nm to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu having a laser with a wavelength of 850 nm are reasonably predictable.
Regarding claim 19, modified Xu teaches the method of claim 12, but fails to explicitly disclose wherein the biomolecule is detected in deep tissue that is located about 1 mm - 10 cm below the patient surface on which the wearable, stretchable and/or flexible imaging device is attached.
However, in the same photoacoustic field of endeavor, Huang teaches wherein the biomolecule is detected in deep tissue that is located 1 mm - 10 cm below the patient surface on which the wearable flexible imaging device is attached ([0032] the light can penetrate 1mm to 3cm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the target of modified Xu with the target located at the depth as taught by Huang, as both inventions relate to imaging and would yield the predictable result of the laser penetrating 1mm to 3cm into the tissue of the patient to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu having a laser that can penetrate 1mm to 3cm are reasonably predictable.
Regarding claim 20, modified Xu teaches the device of claim 1, but fails to explicitly disclose wherein the plurality of laser diodes emits at one or more wavelengths within distinct optical windows to target different endogenous biomolecules.
In the same photoacoustic field of endeavor, Huang teaches wherein the plurality of laser diodes emits at one or more wavelengths within distinct optical windows to target different endogenous biomolecules ([0032] the light source 22 may comprise two or more light emitting diodes that can transmit light at one or more wavelengths. The wavelengths depend on what the light is being transmitted into, such as blood, oxyhemoglobin, bone, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the laser of modified Xu with the laser capable of emitting different wavelengths from Huang, as both inventions relate to imaging and would yield the predictable result of the laser of an imaging array being capable of emitting more than one wavelength to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu having a laser capable of emitting different wavelengths are reasonably predictable.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang and Gronenborn as applied to claim 3 above, and further in view of Seurin et al., (US20130163627A1).
Regarding claim 4, modified Xu teaches the device of claim 3, but fails to explicitly disclose wherein the VCSEL has a first electrode on an emitting surface thereof and a second electrode on an opposing surface thereof, and further comprising a substrate on which the opposing surface of the VCSEL is attached, the first and second electrodes respectively being in electrical communication with first and second conductive vias extending through the substrate, the first and second conductive vias being in electrical communication with the stretchable and/or flexible electrical interconnect layered structure.
However, in the same light field of endeavor, Seurin teaches wherein the VCSEL has a first electrode on an emitting surface (fig. 4 bonding pad 404 is on a surface of the VCSEL [0056]) thereof and a second electrode on an opposing surface thereof (fig. 4 bonding pad 414), and further comprising a substrate on which the opposing surface of the VCSEL is attached (fig. 4 sub-mount 403), the first and second electrodes respectively being in electrical communication with first and second conductive vias extending through the substrate (fig. 4 the bonding pads 404 and 414 are connected by holes 412 that are filled with electrically conducting material), the first and second conductive vias being in electrical communication with the substrate ([0058] the holes and bonding pads are then connected to a high current driver on the PCB).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the VCSEL of modified Xu with the electrode and conductive via configuration of Seurin, as this would result in a reduction of parasitic circuit elements for high speed operation of the VCSEL array (see Seurin [0076]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang and Gronenborn as applied claim 1 above, and further in view of Hoshino (US 20160099544 A1).
Regarding claim 5, modified Xu teaches the device of claim 5, but fails to explicitly disclose wherein the laser diode includes an edge laser diode.
In the same photoacoustic field of endeavor, Hoshino teaches wherein the laser diode includes an edge laser diode ([0128] the excitation light source may be an edge emitting laser).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the laser of modified Xu with the edge emitting laser of Hoshino, as both inventions relate to photoacoustic imaging and would yield the result of a photoacoustic patch with an edge emitting laser to one of ordinary skill in the art. One of ordinary skill would be able to make such a substitution, and the results of modified Xu using an edge emitting laser are reasonably predictable.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang and Gronenborn as applied claim 1 above, and further in view of Park et al., (US20160302670A1).
Regarding claim 6, modified Xu teaches the device of claim 1, wherein Xu teaches the stretchable and/or flexible imaging array (fig. 1b transducer 200 has an imaging array between the silicon elastomer substrate 205 and the silicon elastomer superstrate 240 that gives it large stretchability [0098]) ,but is silent regarding wherein the imaging array includes a plurality of ultrasound transducers and a plurality of laser diodes.
However in the same photoacoustic field of endeavor, Park teaches wherein the stretchable and/or flexible imaging array includes a plurality of ultrasound transducers (fig. 9C transducer 230 [0091]) and a plurality of laser diodes (fig. 9C light delivery elements 240 [0091])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the imaging array of modified Xu to have a plurality of imaging elements as taught by Park, as this would allow for more information to be acquired from the object (see Park [0043]).
Regarding claim 7, modified Xu teaches the device of claim 6, wherein Xu teaches the stretchable and/or flexible imaging array (fig. 1b transducer 200 has an imaging array between the silicon elastomer substrate 205 and the silicon elastomer superstrate 240 that gives it large stretchability [0098]), but fails to explicitly disclose wherein the imaging array includes a series of row and columns in which the ultrasound transducers and the laser diodes are arranged such that individual columns of ultrasound transducers are separated from one another by a plurality of columns of the laser diodes.
In the same photoacoustic field of endeavor, Park teaches wherein the imaging array includes a series of row and columns in which the ultrasound transducers and the laser diodes are arranged such that individual columns of ultrasound transducers are separated from one another by a plurality of columns of the laser diodes (fig. 9C the columns of transducers 230 are separated by the columns of laser light delivery elements 240 [0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the imaging array of modified Xu to have a plurality of imaging elements as taught by Park, as this would allow for more information to be acquired from the object (see Park [0043]).
Regarding claim 8, modified Xu teaches the device of claim 6, but fails to explicitly disclose wherein at least one of the laser diodes is configured to emit light at a wavelength of 850 nm.
However, in the same photoacoustic field of endeavor, Huang teaches wherein at least one of the laser diodes is configured to emit light at a wavelength of 850 nm ([0032] emitter 16 can emit a wavelength between 600 and 900).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the laser of modified Xu with the laser capable of emitting a wavelength between 600 and 900 nm from Huang, as both inventions relate to imaging and would yield the predictable result of the laser of an imaging array having a wavelength of 850 nm to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu having a laser with a wavelength of 850 nm are reasonably predictable.
Regarding claim 9, modified Xu teaches the device of claim 6, but fails to explicitly disclose wherein the laser diodes are configured to emit light at a common wavelength.
However, in the same photoacoustic field of endeavor, Huang teaches wherein the laser diodes are configured to emit light at a common wavelength ([0032] the multiple light diodes of light source 22 can all be adapted to transmit at one wavelength).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the laser of modified Xu with the emitters from Huang, as both inventions relate to imaging and would yield the predictable result of the laser of an imaging array having emitters that emit the same wavelength to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu having emitters that emit the same wavelength are reasonably predictable.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang, Gronenborn, and Park as applied claim 1 above, and further in view of Morland et al., (US20150245782A1).
Regarding claim 10, modified Xu teaches the device of claim 6, but fails to explicitly disclose wherein at least one of the laser diodes is configured to emit light at a wavelength different from another of the laser diodes.
However, in the same photoacoustic field of endeavor, Morland teaches wherein at least one of the laser diodes is configured to emit light at a wavelength different from another of the laser diodes ([0032] one emitter may emit light at 730 nm and the other at 810nm
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the laser of modified Xu with the emitters from Morland, as both inventions relate to imaging and would yield the predictable result of the laser of an imaging array having emitters that emit different wavelengths to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu having emitters that emit different wavelengths are reasonably predictable.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang and Gronenborn as applied claim 12 above, and further in view Sethuraman et al., (US20110021924A1).
Regarding claim 14, modified Xu teaches the method of claim 12, but fails to explicitly disclose further comprising determining a core temperature of the patient from the ultrasonic emission.
However in the same photoacoustic field of endeavor, Sethuraman teaches further comprising determining a core temperature of the patient from the ultrasonic emission ([0117] the intravascular photoacoustic imaging also includes ultrasound based temperature monitoring).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the method of modified Xu to also monitor the temperature of the patient, as this would ensure safety of the patient (see Sethuraman [0117]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang and Gronenborn as applied to claim 12 above and further in view of Wang et al., (US20090054763A1).
Regarding claim 16, modified Xu teaches the method of claim 12, but fails to explicitly teach wherein the biomolecule is selected from the group consisting of melanin, glucose, lipid, cytochrome, nucleic acid and protein.
In the same photoacoustic field of endeavor, Wang teaches wherein the biomolecule is selected from the group consisting of melanin, glucose, lipid, cytochrome, nucleic acid and protein ([0021] cytochromes, lipids, and glucose all can be imaged by photoacoustics).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the method of modified Xu with the biomolecules taught by Wang, as this would allow for non-invasive in vivo identification for different tissues for diagnostic and therapeutic purposes (see Wang [0021]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang and Gronenborn as applied to claim 12 above and further in view of Viator et al., (US20100285518A1)
Regarding claim 18, modified Xu teaches the method of claim 12, but is silent regarding generating a 3D map of the bio molecule.
However in the same photoacoustic field of endeavor, Viator teaches further comprising generating a 3D map of the biomolecule ([0021] the computer can map the analyte in three dimensions, e.g. to show the position of the melanoma)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the method of modified Xu with the mapping as this would lead to improved detection of sentinel nodes and metastases (see Viator [0006]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang, and Gronenborn as applied to claim 20 above and further in view of Cheng et al., (US20210212571A1).
Regarding claim 21, modified Xu teaches the device of claim 20, but fails to explicitly disclose wherein the first optical window encompasses wavelengths between 650-950 nm, the second optical window encompasses wavelengths between 1000-1350 nm, and the third optical window encompasses wavelengths between 1600-1870 nm.
In the same photoacoustic field of endeavor, Huang teaches wherein the first optical window encompasses wavelengths between 650-950 nm ([0032] the light emitted can be between 600 to 900 nm), the second optical window encompasses wavelengths between 1000-1350 nm ([0032] the light emitted can be from 800 nm to 1100 nm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to substitute the laser of modified Xu with the laser capable of emitting different wavelengths as taught by Huang, as both inventions relate to imaging and would yield the predictable result of the laser of an imaging array having different light wavelengths for different targets to one of ordinary skill. One of ordinary skill would be able to perform such a substitution, and the results of modified Xu having laser diodes that can emit different light wavelengths are reasonably predictable.
However, the combination of references are silent regarding and the third optical window encompasses wavelengths between 1600-1870 nm.
In the same photoacoustic field of endeavor, Cheng teaches and the third optical window encompasses wavelengths between 1600-1870 nm ([0095] the light can emit a wavelength between 1600 and 1900nm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to combine the laser of modified Xu with the laser capable of emitting the wavelengths as taught by Cheng, as both inventions relate to imaging and would yield the predictable result of the laser of an imaging array having being able to emit wavelengths between 1600 nm and 1900 nm to one of ordinary skill. One of ordinary skill would be able to perform such a combination, and the results of modified Xu having laser diodes that can a wavelength between 1600nm – 1900nm are reasonably predictable.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Huang, and Gronenborn as applied to claim 1 above and further in view Fukuhara (US20190128852A1).
Regarding claim 22, modified Xu teaches the device of claim 1, but fails to explicitly disclose wherein the laser diodes are arranged in columnar groups connected in series, the groups being spaced to provide substantially uniform light distribution over the tissue beneath the patch.
However, in the same laser field of endeavor, Gronenborn teaches wherein the laser diodes are arranged in columnar groups (fig. 1 the VCSEL array includes three columns), the groups being spaced to provide substantially uniform light distribution over the tissue (page 391 the VSCEL module uses uniform line illumination).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to apply the optical system of Gronenborn to the base device of modified Xu, as both inventions relate to comparable devices that comprise optical laser systems and would yield the predictable result of a patch that includes an optical system that has columns of laser that provide uniform illumination to one of ordinary skill in the art. One of ordinary skill would able to perform such an application, and the results of the device of modified Xu having an optical system that comprises columns of laser diodes that provide uniform illumination are reasonably predictable.
However, the combination of references are still silent regarding the laser diodes are arranged in columnar groups are connected in series.
In the same photoacoustic field of endeavor, Fukuhara teaches the laser diodes are arranged in columnar groups are connected in series (fig. 3 the light emitting elements 10 are connected in series [0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to apply the technique of laser diodes arranged in columnar groups connected in series to the base device of modified Xu, as both inventions relate to photoacoustic inventions, and would yield the predictable result of a photoacoustic system wherein the laser diodes are arranged in columnar groups and are connected in series to one of ordinary skill. One of ordinary skill would be able to perform such an application, and the results of modified Xu having laser diodes that are arranged in columnar groups connected in series are reasonably predictable.
Response to Arguments
Applicant's arguments filed 12/15/2025 with respect claim 1 have been fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new amended limitations are taught by Gronenborn.
The remaining claims are rejected for the same reasons as above.
Conclusion
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/MICHAEL YIMING FANG/ Examiner, Art Unit 3798
/PASCAL M BUI PHO/ Supervisory Patent Examiner, Art Unit 3798