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 .
Response to Amendment
The amendment filed on 8/7/2025 has been entered. Claims 29-44 and 49-53 remain pending the application.
Response to Arguments
Applicant's arguments filed on 8/7/2025 have been fully considered but they are not persuasive or are moot.
Applicant argues on pages 10-12 that the subject matter previously indicated as allowable in claim 36 has been incorporated into the independent claims. The Examiner respectfully disagrees. Only a portion of claim 36 has been incorporated into the independent claims. Newly cited portions of Naganuma in the new grounds of rejection necessitated by amendment disclose the newly added limitations to the independent claims. Accordingly, this argument is not persuasive and is moot.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 29-35, 37-44, 49-50, and 52-53 are rejected under 35 U.S.C. 103 as being unpatentable over Reza et al. (US20160113507, hereafter Reza) and Naganuma et al. (US20070197886, hereafter Naganuma).
Regarding claim 29, Reza discloses a method for visualizing details in a sample, the method comprising:
directing an excitation beam to an excitation location being focused on the sample, to generate signals in the sample (Reza, Para 15; “According to an aspect, there is provided a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample, where the PARS comprises an excitation beam configured to generate ultrasonic signals in the sample at an excitation location;”);
directing an interrogation beam toward the excitation location of the sample (Reza, Para 15; “an interrogation beam incident on the sample at the excitation location,”); and
detecting a portion of the interrogation beam returning from the sample that is indicative of the generated signals (Reza, Para 15; “a portion of the interrogation beam returning from the sample that is indicative of the generated ultrasonic signals;”).
Reza does not clearly and explicitly disclose directing a signal enhancement beam to the sample, to raise a temperature of a portion of the sample, compared to a temperature of the portion of the sample in absence of the signal enhancement beam, wherein the portion of the sample is within a focal point of the interrogation beam, wherein the signal enhancement beam causes a modification in an amplitude of the detected generated signal.
In an analogous photoacoustic imaging field of endeavor Naganuma discloses directing a signal enhancement beam to a sample, to raise a temperature of a portion of the sample, compared to a temperature of the portion of the sample in absence of the signal enhancement beam, wherein the portion of the sample is being detected, wherein the signal enhancement beam causes a modification in an amplitude of a detected generated signal (Naganuma, Para 150-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza to include directing a signal enhancement beam to the sample, to raise a temperature of a portion of the sample, compared to a temperature of the portion of the sample in absence of the signal enhancement beam, wherein the portion of the sample is within a focal point of the interrogation beam wherein the signal enhancement beam causes a modification in an amplitude of the detected generated signal in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 30, Reza as modified by Naganuma above disclose all of the limitations of claim 29 as discussed above.
Reza further discloses wherein the excitation beam has a pulse width in a nanosecond, picosecond, or femtosecond range (Reza Para 60; "The excitation beam may be any pulsed or modulated source of electromagnetic radiation including lasers or other optical sources. In one example, a nanosecond-pulsed laser was used. The excitation beam may be set to any wavelength suitable for taking advantage of optical (or other electromagnetic) absorption of the sample. The source may be monochromatic or polychromatic.").
Reza does not clearly and explicitly disclose wherein the signal enhancement beam has a longer pulse width or is a continuous beam.
Naganuma further discloses a signal enhancement beam that is a continuous beam (Naganuma, Para 12; “a second light source 605 are driven to emit continuous light beams by a drive power supply 604 and a drive power supply 608 respectively”) (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza wherein the signal enhancement beam has a longer pulse width or is a continuous beam in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 31, Reza as modified by Naganuma above disclose all of the limitations of claim 29 as discussed above.
Reza does not clearly and explicitly disclose wherein the signal enhancement beam is a light source capable of targeting an optical absorption of a specific target within the sample.
Naganuma further discloses a signal enhancement beam that capable of targeting an optical absorption of a specific target within the sample (Naganuma, Para 12; “a second light source 605 are driven to emit continuous light beams by a drive power supply 604 and a drive power supply 608 respectively”) (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza wherein the signal enhancement beam is a light source capable of targeting an optical absorption of a specific target within the sample in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 32, Reza as modified by Naganuma above disclose all of the limitations of claim 29 as discussed above.
Reza further disclose detecting a portion of the interrogation beam returning from the sample that is indicative of pressure signals (Reza, Para 55; “The OR-PARS takes advantage of optical excitation and detection which can help dramatically reduce the footprint of the system. The absence of a bulky ultrasound transducer makes this all optical system suitable for integrating with other optical imaging systems. Unlike previous non-contact photoacoustic imaging systems, the OR-PARS system is capable of in vivo imaging. It relies on much simpler setup and takes advantage of recording the large initial ultrasound pressures without appreciable acoustic loses”), temperature signals (Reza, Para 15; “According to an aspect, there is provided a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample, where the PARS comprises an excitation beam configured to generate ultrasonic signals in the sample at an excitation location;”), and fluorescence signals (Reza, Para 83; “The PARS system may be combined with other imaging modalities such as fluorescence microscopy, two-photon and confocal fluorescence microscopy, Coherent-Anti-Raman-Stokes microscopy, Raman microscopy, Optical coherence tomography, other photoacoustic and ultrasound systems, etc”).
Regarding claim 33, Reza as modified by Naganuma above disclose all of the limitations of claim 29 as discussed above.
Reza as modified by Naganuma above is interpreted as disclosing wherein directing the signal enhancement beam to the sample modifies an optical property of the portion of the sample, compared to a value of the portion of the sample in the absence of the signal enhancement beam because paragraphs 99-111 of the instant application disclose that raising the temperature of the tissue with the enhancement beam results in this limitation and Naganuma modifies Reza to raise the temperature of the tissue with an enhancement beam.
Regarding claim 34, Reza as modified by Naganuma above disclose all of the limitations of claim 33 as discussed above.
Reza as modified by Naganuma above is interpreted as disclosing wherein the modified optical property includes a local refractive index or a Gruneisen parameter of the portion of the sample because paragraphs 99-111 of the instant application disclose that raising the temperature of the tissue with the enhancement beam results in this limitation and Naganuma modifies Reza to raise the temperature of the tissue with an enhancement beam.
Regarding claim 35, Reza as modified by Naganuma above disclose all of the limitations of claim 33 as discussed above.
Reza as modified by Naganuma above is interpreted as disclosing wherein the modified optical property is an intensity modulation of the portion the interrogation beam returning from the sample, the intensity modulation being increased by the signal enhancement beam, due to the raised temperature of the sample within the focal point of the interrogation beam because paragraphs 99-111 of the instant application disclose that raising the temperature of the tissue with the enhancement beam results in this limitation and Naganuma modifies Reza to raise the temperature of the tissue with an enhancement beam.
Regarding claim 37, Reza as modified by Naganuma above disclose all of the limitations of claim 35 as discussed above.
Reza further discloses wherein the interrogation, excitation, or signal enhancement beams have a wavelength in a nanometer to micron range (Reza, Para 37; “For example, at 532-nm excitation wavelength, imaging a capillary with 500 mJ/cm2 local fluence would result in an initial pressure on the order of 100 MPa locally”), the wavelength being varied to unmix a plurality of constituent chromophores from within the sample (Reza, Para 49; “multi-wavelength fiber excitation laser 12 is used in multi focus form to generate photoacoustic signals. Excitation laser 12 preferably operates in the visible spectrum, although the particular wavelength may be selected according to the requirements of the particular application”) (Reza, Para 114; “A modified version of polarization sensitive Michelson interferometry has been employed to remotely record the large local initial pressures from chromophores and without appreciable acoustic loses. The experimental setup of the optical-resolution photoacoustic remote sensing (OR-PARS) microscopy system is depicted in FIG. 20. A multi-wavelength visible laser source using stimulated Raman scattering (SRS) has been implemented to generate photoacoustic signals”).
The limitation to unmix a plurality of constituent chromophores from within the sample is interpreted as recitation of intended result.
Regarding claim 38, Reza as modified by Naganuma above disclose all of the limitations of claim 29 as discussed above.
Reza further discloses wherein detecting a portion of the interrogation beam returning from the sample that is indicative of the generated signals further includes extracting absorption signals from a returning portion or portions of the interrogation beam, and the method further includes: determining scattering intensity from the returning portion or portions of the interrogation beam (Reza, Para 77; “Using methods of Gabor or Leith-Upatneiks holography, not only the amplitude can be recovered, but also the phase of the light reflected/scattered from the sample over a wide field of view. By gating when the probe beam is pulsed onto the sample relative to the excitation beam, it is possible to stroboscopically reconstruct the photoacoustic signals from each point in the sample as a function of time. Alternatively, it may be possible to time-gate the camera acquisition. The excitation spot may be optically focused or focused over a wide-field. When wide-field excitation beams are used, optical-resolution can be achieved by receiving sensing optics and this resolution is anticipated to depths within a transport mean-free path in turbid media.”); and generating a combined image from the extracted absorption signals and the determined scattering intensity (Reza, Para 109; “he above mechanisms point to significant sources of scattering position or scattering cross-section modulation that could be readily measurable when the probe beam is focused to sense the confined excitation volume.”) (Reza, Para 131; “In summary, the results above showed that: (1) the PARS signal strength is proportional to optical absorption; (2) the PARS signal strength increases linearly with both signal- and reference beam intensities; (3) the PARS signals are largest at the optical focal zone (4) the detected signals are indeed photoacoustic signals; (4) signal maximization occurs when excitation and detection beams are confocal; (5) long-coherence of the probe beam is important for signal-to-noise; (6) PARS signal detection is possible at superficial depths in multiply scattering tissue; (7) lateral resolution will principally be determined by the excitation spot size; (8) axial resolution will principally be determined by detection system bandwidth; and (9) depth sectioning can be achieved with high numerical aperture objectives while extended depth-of-field can be achieved by harnessing chromatic aberration with multi-spectral excitation source.”).
Regarding claim 39, Reza as modified by Naganuma above disclose all of the limitations of claim 38 as discussed above.
Reza does not clearly and explicitly disclose wherein the signal enhancement beam has a first wavelength and the excitation beam has a second wavelength, the first wavelength being higher than the second wavelength, and wherein directing the signal enhancement beam to the sample, generates a temperature increase in the sample due to a difference between the first wavelength and the second wavelength.
Naganuma further discloses an excitation beam and a signal enhancement beam, wherein the signal enhancement beam has a first wavelength and the excitation beam has a second wavelength, the first wavelength being higher than the second wavelength, and wherein directing the signal enhancement beam to the sample, generates a temperature increase in the sample due to a difference between the first wavelength and the second wavelength (Naganuma, Figure 8; showing this is true in some embodiments”) (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza wherein the signal enhancement beam has a first wavelength and the excitation beam has a second wavelength, the first wavelength being higher than the second wavelength, and wherein directing the signal enhancement beam to the sample, generates a temperature increase in the sample due to a difference between the first wavelength and the second wavelength in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 40, Reza as modified by Naganuma above disclose all of the limitations of claim 39 as discussed above.
Reza as modified by Naganuma above is interpreted as disclosing wherein the temperature increase enhances a depth field of the combined image or improves a signal to noise ratio of the combined image because paragraphs 99-111 of the instant application disclose that raising the temperature of the tissue with the enhancement beam results in this limitation and Naganuma modifies Reza to raise the temperature of the tissue with an enhancement beam.
Reza does not clearly and explicitly disclose wherein the temperature increase enhances a depth field of the combined image or improves a signal to noise ratio of the combined image.
Naganuma further discloses wherein a temperature increase enhances a depth field of the combined image or improves a signal to noise ratio of an combined image (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza wherein the temperature increase enhances a depth field of the combined image or improves a signal to noise ratio of the combined image in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 41, Reza as modified by Naganuma above disclose all of the limitations of claim 39 as discussed above.
Reza does not clearly and explicitly disclose wherein, due to the difference between the first wavelength and the second wavelength, the combined image includes an absorption contrast provided by the first wavelength.
Naganuma further discloses wherein a wavelength difference between an excitation beam and an enhancement beam causes an image to an include absorption contrast provided by enhancement beam’s wavelength (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza wherein, due to the difference between the first wavelength and the second wavelength, the combined image includes an absorption contrast provided by the first wavelength in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 42, Reza discloses a remote sensing system for visualizing details in a sample, the system comprises:
one or more light sources (Reza, Para 49; “A multi-wavelength fiber excitation laser 12 is used in multi focus form to generate photoacoustic signals. Excitation laser 12 preferably operates in the visible spectrum, although the particular wavelength may be selected according to the requirements of the particular application. The acoustic signatures are interrogated using a long-coherence length probe beam 16 from a detection laser 14 that is co-focused and co-aligned with the excitation spots on sample 18. The probe beam 16 passes through a beam splitter 20 that transfers a portion of the signal to a detection unit 22. Probe beam 16 passes through a polarization control/beam quality unit 24 and a second beam splitter 26 that ties in a reference beam provider 28. Probe beam 16 then passes through a beam combiner unit 30 that also directs excitation beam 32 through a scanning device 34 and a focusing device 36 before reaching sample 18. The reflected beam 38 returns along the same path and is analyzed by detection unit 22”), wherein the one or more light sources are configured to generate:
an excitation beam (excitation laser 12) configured to be directed toward an excitation location being focused on the sample, to generate signals in the sample (Reza, Para 15; “According to an aspect, there is provided a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample, where the PARS comprises an excitation beam configured to generate ultrasonic signals in the sample at an excitation location;”);
an interrogation beam (detection laser 14) configured to be directed toward the excitation location of the sample (Reza, Para 15; “an interrogation beam incident on the sample at the excitation location,”); and
an optical detector (detection unit 22) configured to detect a portion of the interrogation beam returning from the sample that is indicative of the generated signals (Reza, Para 15; “a portion of the interrogation beam returning from the sample that is indicative of the generated ultrasonic signals;”).
Reza does not clearly and explicitly disclose a signal enhancement beam configured to raise a temperature of a portion of the sample, compared to a temperature of the portion of the sample in absence of the signal enhancement beam, wherein the portion of the sample is within a focal point of the interrogation beam, wherein the signal enhancement beam causes a modification in an amplitude of the detected generated signal.
In an analogous photoacoustic imaging field of endeavor Naganuma discloses a signal enhancement beam configured to raise a temperature of a portion of a sample, compared to a temperature of the portion of the sample in absence of the signal enhancement beam, wherein the portion of the sample is detected, wherein the signal enhancement beam causes a modification in an amplitude of a detected generated signal (Naganuma, Para 150-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza to include a signal enhancement beam configured to raise a temperature of a portion of the sample, compared to a temperature of the portion of the sample in absence of the signal enhancement beam, wherein the portion of the sample is within a focal point of the interrogation beam, wherein the signal enhancement beam causes a modification in an amplitude of the detected generated signal in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 43, Reza as modified by Naganuma above disclose all of the limitations of claim 42 as discussed above.
Reza as modified by Naganuma above is interpreted as disclosing wherein the signal enhancement beam is configured to modify an optical property of the portion of the sample, compared to a value of the portion of the sample in the absence of the signal enhancement beam because paragraphs 99-111 of the instant application disclose that raising the temperature of the tissue with the enhancement beam results in this limitation and Naganuma modifies Reza to raise the temperature of the tissue with an enhancement beam.
Regarding claim 44, Reza discloses a remote sensing system for visualizing details in a sample, the system comprises:
one or more light sources (Reza, Para 49; “A multi-wavelength fiber excitation laser 12 is used in multi focus form to generate photoacoustic signals. Excitation laser 12 preferably operates in the visible spectrum, although the particular wavelength may be selected according to the requirements of the particular application. The acoustic signatures are interrogated using a long-coherence length probe beam 16 from a detection laser 14 that is co-focused and co-aligned with the excitation spots on sample 18. The probe beam 16 passes through a beam splitter 20 that transfers a portion of the signal to a detection unit 22. Probe beam 16 passes through a polarization control/beam quality unit 24 and a second beam splitter 26 that ties in a reference beam provider 28. Probe beam 16 then passes through a beam combiner unit 30 that also directs excitation beam 32 through a scanning device 34 and a focusing device 36 before reaching sample 18. The reflected beam 38 returns along the same path and is analyzed by detection unit 22”), wherein the one or more light sources are configured to generate:
an excitation beam (excitation laser 12) (Reza, Para 15; “According to an aspect, there is provided a photoacoustic remote sensing system (PARS) for imaging a subsurface structure in a sample, where the PARS comprises an excitation beam configured to generate ultrasonic signals in the sample at an excitation location;”); and
an interrogation beam (detection laser 14) (Reza, Para 15; “an interrogation beam incident on the sample at the excitation location,”),
wherein one of the excitation beam, the interrogation beam, or the signal enhancement beam forms a first focal spot on the sample, wherein one of the excitation beam, the interrogation beam, or the signal enhancement beam forms a second focal spot on the sample (Reza Para 126; "in FIGS. 18c and 18d , a time shift has been measured as the excitation and interrogation beams are separated by ˜120 and 330 μm, respectively. The results clearly show the ultrasound time of flight variation by changing the location of detection spot.") (Reza, Para 65; " FIG. 5c shows excitation beam 502 and receiver beam 502 focused on different spots, and takes advantage of ultrasound time of flight in order to locate the excitation and receiver beams 502 and 504 at different positions.").
Reza does not clearly and explicitly disclose a signal enhancement beam, wherein one of the excitation beam, the interrogation beam, or the signal enhancement beam forms a third focal spot on the sample.
In an analogous photoacoustic imaging field of endeavor Naganuma discloses a signal enhancement beam configured to raise a temperature of a portion of a sample, compared to a temperature of the portion of the sample in absence of the signal enhancement beam, wherein the signal enhancement beam forms a third focal spot on the sample (Naganuma, Para 150-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza to include a signal enhancement beam, wherein one of the signal enhancement beam forms a third focal spot on the sample in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 49, Reza as modified by Naganuma above disclose all of the limitations of claim 44 as discussed above.
Reza further discloses wherein the first focal spot is displaced in a vertical, lateral, or axial direction relative to the second spot (Reza Para 126; "in FIGS. 18c and 18d , a time shift has been measured as the excitation and interrogation beams are separated by ˜120 and 330 μm, respectively. The results clearly show the ultrasound time of flight variation by changing the location of detection spot.") (Reza, Para 65; " FIG. 5c shows excitation beam 502 and receiver beam 502 focused on different spots, and takes advantage of ultrasound time of flight in order to locate the excitation and receiver beams 502 and 504 at different positions.").
Reza does not clearly and explicitly disclose the second and third focal spots overlapping each other and in the same direction relative to each other.
Naganuma further discloses a signal enhancement beam overlapping with a detection area (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza to include the second and third focal spots overlapping each other and in the same direction relative to each other in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 50, Reza as modified by Naganuma above disclose all of the limitations of claim 44 as discussed above.
Reza does not clearly and explicitly disclose wherein the signal enhancement beam is configured to cause an intensity modulation of the interrogation beam at an overlapping portion of the first, second, and third focal spots on the sample.
Naganuma further discloses a signal enhancement beam overlapping with a detection area that has been photoacoustically excited (Naganuma, Para 150-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”) (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza wherein the signal enhancement beam is configured to cause an intensity modulation of the interrogation beam at an overlapping portion of the first, second, and third focal spots on the sample in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 52, Reza as modified by Naganuma above disclose all of the limitations of claim 44 as discussed above.
Reza does not clearly and explicitly disclose wherein the signal enhancement beam is configured to raise a temperature of a portion of the sample compared to a temperature of the portion of the sample in absence of the signal enhancement beam.
Naganuma further discloses a signal enhancement beam is configured to raise a temperature of a portion of a sample compared to a temperature of the portion of the sample in absence of the signal enhancement beam (Naganuma, Para 150-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”) (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza wherein the signal enhancement beam is configured to raise a temperature of a portion of the sample compared to a temperature of the portion of the sample in absence of the signal enhancement beam in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Regarding claim 53, Reza as modified by Naganuma above disclose all of the limitations of claim 44 as discussed above.
Reza does not clearly and explicitly disclose wherein the signal enhancement beam is configured to cause an intensity modulation of the interrogation beam at the second focal spot on the sample.
Naganuma further discloses a signal enhancement beam on a sample is configured to cause an intensity modulation of a photoacoustic interrogation beam at a second focal spot on the sample (Naganuma, Para 150-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”) (Naganuma, Para 146-55; “the photoacoustic signal from the blood constituent can be increased by raising the temperature of the blood tissue [...] it is desirable that light from the second light outgoing means has a wavelength which exhibits a characteristic absorption of hemoglobin in blood [...] the photoacoustic signal from the blood containing the hemoglobin can be increased by raising the temperature of the hemoglobin [...] it is desirable that an interval during which the second light outgoing means emits the light is an interval during which temperature rise of 2° C. or less is resulted is generated in the test subject[...] In the constituent concentration measuring apparatus, it is desirable that light intensity of the second light outgoing means is an intensity by which temperature rise of 2° C. or less is resulted in said test subject”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Reza wherein the signal enhancement beam is configured to cause an intensity modulation of the interrogation beam at the second focal spot on the sample in order to improve the SNR of the photoacoustic signal and increase accuracy while reducing in the influence of other factors as taught by Naganuma (Naganuma, Para 146-155).
Allowable Subject Matter
Claims 36 and 51 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not disclose nor reasonably suggest the limitations set forth in the claims. Specifically, the prior art does not disclose using an enhancement beam in the context of a PARS system to raise the temperature of a sample such that an intensity modulation being increased by the signal enhancement beam elicits an increase in an amplitude of the observed generated signals, wherein the amplitude is increased by a square of the intensity modulation, the square of the intensity modulation being based on the value of the portion of the sample in the absence of the signal enhancement beam as recited in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR20170006470A and its machine translation – discloses that a temperature increases the amplitude of the acoustic signal, but by the inverse of the square of temperature increase, rather than the square
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JOHN D LI/Primary Examiner, Art Unit 3798