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 .
Disposition of Claims
Claims 1-18 are pending and rejected.
Response to Arguments
Applicant’s arguments, see Page 7, filed May 15, 2026, with respect to the objections to Claims 17-18 have been fully considered and are persuasive in light of amendments to the claims.
The objections to Claims 17-18 have been withdrawn.
35 U.S.C. § 112(f) is still invoked for “a first filter positioning device”, “a second filter positioning device”, “a third filter positioning device”, “a fourth filter positioning device”, “a further filter positioning device”, “an evaluation unit” and “a display unit” as detailed in the previous office action.
Applicant’s arguments, see Page 7, filed May 15, 2026, with respect to the rejection under 35 U.S.C. § 112(b) of Claims 1-18 have been fully considered and are persuasive in light of amendments to the claims.
The rejection under 35 U.S.C. § 112(b) of Claims 1-18 have been withdrawn.
Applicant’s arguments, see Pages 7-8, filed May 15, 2026, with respect to the rejections under 35 U.S.C. § 102 of Claims 1-18 have been fully considered and are not persuasive.
In response to applicant's argument that the Ntziachristos fails to teach certain features of the invention (i.e., “that the multispectral images are used to directly determine physiological parameters”), it is noted that the features upon which applicant relies (i.e., "directly") are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
As detailed below, the camera 22 of Ntziachristos collects (i.e., images) tissue fluorescence to measure hemoglobin (see Para. [0064] of Ntziachristos) and therefore determines the physiological parameter of hemoglobin content.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ntziachristos et al. (hereinafter "Ntziachristos") (US 2013/0041267).
Regarding Claim 1, Regarding Claim 1, Ntziachristos discloses a medical imaging apparatus (Fig. 1, 100; [0049]) comprising:
a light source (Fig. 1, 11.1; [0050]) with a light spectrum ([0051]),
an optical unit (Fig. 1, 20; [0049]) with a first optical path (a first imaging channel illustrated by a straight arrow —hereinafter “straight image channel”; see Fig. 1) and a first image sensor (Fig. 1, a straight-image-channel 22; [0057]) with a first sensor filter (Fig. 2, a straight-image-channel 27; [0057]), and
a second optical path (a second image channel illustrated by a straight portion and a left facing arrow —hereinafter “bent image channel”; see Fig. 1) with a second image sensor (Fig. 1, a bent-image-channel 22; [0057]) with a second sensor filter (Fig. 2, a bent-image-channel 27; [0057]),
wherein each optical path extends between a respective observation region (Fig. 1, 1; [0049]) and the respective image sensor ([0055]), such that the first image sensor records a first image of the observation region by the first optical path ([0057]) and the second image sensor records a second image of the observation region by the second optical path ([0057]),
wherein the light source is configured to illuminate the respective observation regions with the light spectrum ([0050]); and
one or more of the first optical path is assigned a first filter with a first filter spectrum (Fig. 1, a first bandpass filter of a straight-image-channel filter wheel 35; [0053]); and
the second optical path is assigned a second filter with a second filter spectrum (Fig. 1, a first bandpass filter of a bent-image-channel filter wheel 35; [0053]) such that physiological parameters of the respective observation regions are determinable depending on a filtered light spectrum by a respective filtered piece of image information from one or more of the first image and a filtered piece of information from the second image ([0064]),
wherein one or more of: the first filter is introducible into the first optical path by a first filter positioning device (Fig. 1, a straight-image-channel filter wheel 35; [0053]) and
the second filter is introducible into the second optical path by a second filter positioning device (Fig. 1, a bent-image-channel filter wheel 35; [0053]) such that the filtered piece of image information from the first image and/or the filtered piece of image information from the second image, depending on the first filter and/or the second filter introduced into the first optical path and/or second optical path, respectively, renders evaluable different spectral regions of the first image and/or the second image, respectively, to obtain one piece of additional image information or more pieces of additional image information regarding the physiological parameters in the observation region ([0064]).
Regarding Claim 2, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 1. Ntziachristos further discloses wherein the first optical path and/or the second optical path is or are assigned a third filter (Fig. 1, a first bandpass filter of filter wheel 32; [0053]), a fourth filter (Fig. 1, a second bandpass filter of the filter wheel 32; [0053]), and/or a further filter, wherein the third filter is introducible by a third filter positioning device (Fig. 1, filter wheel 32; [0053]), the fourth filter is introducible by a fourth filter positioning device, and/or the further filter is introducible by a further filter positioning device into the first optical path and/or into the second optical path ([0053]).
Regarding Claim 3, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 2. Ntziachristos further discloses wherein the first filter, the second filter, the third filter (Fig. 1, a first bandpass filter of filter wheel 32; [0053]), the fourth filter (Fig. 1, a second bandpass filter of the filter wheel 32; [0053]), and/or the further filter have different filter spectra from one another ([0053]).
Regarding Claim 4, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 2. Ntziachristos further discloses wherein the first filter, the second filter, the third filter (Fig. 1, a first bandpass filter of filter wheel 32; [0053]), the fourth filter (Fig. 1, a second bandpass filter of the filter wheel 32; [0053]), and/or the further filter are grouped in a group (Fig. 1, the first bandpass filter of filter wheel 32 and the second bandpass filter of filter wheel 32 are grouped on the filter wheel 32; [0053]), or in a group of two filters assigned to one another, such that filters in each case assigned to one another in the group are jointly introducible into the first optical path and into the second optical path ([0053]).
Regarding Claim 5, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 2. Ntziachristos further discloses wherein the first filter, the second filter, the third filter (Fig. 1, a first bandpass filter of filter wheel 32; [0053]), the fourth filter (Fig. 1, a second bandpass filter of the filter wheel 32; [0053]), and/or the further filter are grouped with one another in an operational group (Fig. 1, the first bandpass filter of filter wheel 32 and the second bandpass filter of filter wheel 32 are grouped on the filter wheel 32; [0053]), or in a respective operational group made of two filters assigned to one another, such that a first mode of operation, a second mode of operation, a third mode of operation, and/or a further mode of operation is selectable by a user ([0053]), wherein a selection is made from a group of respective filters for different modes of operation, the group including one or more of: a group of the first filter and the second filter for an oxygen saturation mode of operation, a group of the third filter and the fourth filter for a water content mode of operation, and/or a group of two further filters for a hemoglobin content mode of operation ([0064]).
Regarding Claim 6, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 4. Ntziachristos further discloses wherein the respective filter positioning device associated with each of the respective mutually assigned filters is assigned to a filter positioning system ([0053]) and operatively connected to the filter positioning system such that the group or operational group of two filters assigned to one another is jointly introducible into the first optical path and into the second optical path by the filter positioning system ([0053]).
Regarding Claim 7, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 4. Ntziachristos further discloses wherein continuous imaging is implemented such that the group and/or an operational group is selected ([0053]) and there is an evaluation with regards to the physiological parameters together with a recording and/or in parallel with a recording of the filtered piece of image information from the first image or the filtered piece of image information from the second image ([0053]).
Regarding Claim 8, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 1. Ntziachristos further discloses wherein the first filter or the second filter is or are introducible into the first optical path or second optical path, respectively, by being pushed in, by being pivoted in, and/or by being screwed in (Fig. 1, filter wheels rotate to introduce various filters into a various image channels; [0053]).
Regarding Claim 9, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 6. Ntziachristos further discloses wherein the first filter positioning device, the second filter positioning device or the filter positioning system comprises or comprise a drive such that the first filter and/or second filter is or are introducible into the first optical path and/or into the second optical path, respectively, by the respective drive (Fig. 1, filter wheels rotate to introduce various filters into a various image channels; [0053]), wherein the drive comprises a stepper motor, a gearmotor, a lifting magnet, a pivoting magnet, and/or a manually operable drive ([0053]).
Regarding Claim 10, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 2. Ntziachristos further discloses wherein the first filter, the second filter, the third filter (Fig. 1, a first bandpass filter of filter wheel 32; [0053]), the fourth filter (Fig. 1, a second bandpass filter of the filter wheel 32; [0053]), and/or the further filter is an edge filter or a band filter ([0053]).
Regarding Claim 11, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 2. Ntziachristos further discloses wherein the first filter, the second filter, the third filter (Fig. 1, a first bandpass filter of filter wheel 32; [0053]), the fourth filter (Fig. 1, a second bandpass filter of the filter wheel 32; [0053]), and/or the further filter have a respective filter spectrum such that by the different filter spectra of the respective filters by two filters assigned respectively to one another in the first optical path and in the second optical path it is possible (Fig. 1, the first bandpass filter of filter wheel 32 and the second bandpass filter of filter wheel 32 are grouped on the filter wheel 32; [0053]), by way of a parallel evaluation of the first image and the second image, to determine a color image of the observation region ([0063]) and to determine the one piece of additional image information or the more pieces of additional image information regarding the physiological parameters together ([0064]).
Regarding Claim 12, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 1. Ntziachristos further discloses wherein the light source is a white-light source, and the light source illuminates the observation region with white light (Fig. 1, 11.1 is white light; [0051]).
Regarding Claim 13, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 1. Ntziachristos further discloses wherein the optical unit comprises a beam splitter (Fig. 1, 33.2; [0053]), wherein the beam splitter is used to split an image of the observation region into the first image and the second image such that the first image is suppliable to the first image sensor via the first optical path and the second image is suppliable to the second image sensor via the second optical path ([0053]), wherein the beam splitter comprises a prism, a semi-transparent mirror or two semi-transparent mirrors ([0053]), and/or a mirror.
Regarding Claim 14, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 1. Ntziachristos further discloses wherein the first optical path and the second optical path are arranged spatially offset from one another such that the first image sensor records the first image of the observation region by the first optical path and the second image sensor records the second image of the observation region by the second optical path ([0057]).
Regarding Claim 15, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 14. Ntziachristos further discloses wherein the first image and the second image are assigned to one another in an overlaid image to form a piece of dual image information ([0057]), wherein the formation of the piece of dual image information in the overlaid image comprises a reconstruction of a correlation between the first image and the second image on the basis of a piece of respective filtered image information ([0057]) or a reconstruction of a disparity, wherein the reconstruction is implemented on the basis of pieces of image information with wavelength spectra transmitted by the respective filter, as a result of illuminating the observation region with white light.
Regarding Claim 16, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 15. Ntziachristos further discloses wherein the formation of the piece of dual image information comprises a stereoscopic formation of a piece of spatial image information for the observation region ([0057]).
Regarding Claim 17, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 1. Ntziachristos further discloses an evaluation unit (Fig. 1, 40; [0055]) configured to evaluate one or more of the first image and the second image in relation to a hemoglobin index ([0064]), a water index, an oxygen index or an oxygen-infrared index, with the result that a hemoglobin content ([0064]), a water content, an oxygen concentration, and/or a presence of an adjuvant and/or a fluorescent substance, is determinable.
Regarding Claim 18, Ntziachristos discloses the medical imaging apparatus as claimed in Claim 1. Ntziachristos further discloses a display unit (Fig. 1, 51; [0060]) configured for continuous, parallel, simultaneous, overlaid and/or correlated display of one or more of: the filtered piece of first image information from the first image, the filtered piece of image information from the second image, a piece of dual image information, a stereoscopically formed piece of spatial image information, and the piece of additional image information ([0060]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN FLOYD LONDON whose telephone number is (571)272-4478. The examiner can normally be reached Monday - Friday: 10:00 am ET - 6:00pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CAREY can be reached at (571)270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEPHEN FLOYD LONDON/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights