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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13 and 15-26 is/are rejected under 35 U.S.C. 102 a1/a2 as being anticipated by U. S. Publication No. 2017/0236281 to Dacosta.
Regarding Claims 1, 25, and 26 Dacosta teaches a method for image analysis comprising: exciting a light wavelength on a material sample, wherein the exciting enables capture of fluorescence characteristics of the material sample, and wherein the material sample exhibits fluorescence characteristics along the Red-Green-Blue (RGB) light wavelength spectrum (para 057 and 062 teaches fluorescence and RGB imaging); illuminating the material sample with at least three additional light wavelengths, wherein the illuminating enables capture of reflectance characteristics of the material sample, and wherein the material sample exhibits reflectance characteristics along the Red-Green-Blue (RGB) light wavelength spectrum; and generating an output indicative of biophysical status of the material sample, wherein the output is based on analysis of the fluorescence characteristics and the reflectance characteristics (para 046, 048, 060, 0110, 0119, 153, 158 teaches RGb wound analysis for fluorescence characteristics).
Regarding Claim 2, Dacosta teaches capturing a thermal image of the material sample (para 057 and 060 teaches thermal imaging).
Regarding Claim 3, Dacosta teaches augmenting the output, based on an analysis of the thermal image (para 057, 060, and 0198 teaches thermal imaging).
Regarding Claim 4, Dacosta teaches that the analysis includes identifying a wound topology within the material sample (para 0048 teaches analyzing wound sample).
Regarding Claim 5, Dacosta teaches that the wound topology is identified based on a measure of granulation, slough, eschar, flavin adenine dinucleotide (FAD), and/or nicotinamide adenine dinucleotide plus hydrogen (NADH) in the material sample (para 0113 teaches Nadh, FAD).
Regarding Claim 6, Dacosta teaches that the analysis includes identifying inflammation within the material sample (para 0143 teaches inflammation).
Regarding Claim 7, Dacosta teaches that the inflammation is identified based on a measure of heat, redness, and swelling in the material sample (para 044 and 057 teaches measuring heat, redness, and swelling).
Regarding Claim 8, Dacosta teaches that the analysis includes identifying epithelialization within the material sample (para 0153 teaches epithelialization).
Regarding Claim 9, Dacosta teaches that the epithelialization is identified based on a measure of nicotinamide adenine dinucleotide (NAD), NADH, and/or FAD (para 0113 teaches Nadh, FAD).
Regarding Claim 10, Dacosta teaches that the analysis includes identifying granulation within the material sample (para 0153 teaches identifying granulation).
Regarding Claim 11, Dacosta teaches that the granulation is identified based on a measure of hemoglobin and collagen (para 0144 teaches hemoglobin and para 0150 teaches collagen).
Regarding Claim 12, Dacosta teaches that the analysis includes identifying infection within the material sample (para 0150 teaches analyzing infections).
Regarding Claim 13, Dacosta teaches that the infection is identified based on a measure of porphyrin, pyoverdine, slough, eschar, or an inflammation signature (para 0052).
Regarding Claim 15, Dacosta teaches that the at least three additional light wavelengths comprise a blue-band light wavelength, a green-band light wavelength, and a red-band light wavelength (para 0080 teaches rgb light imaging).
Regarding Claim 16, Dacosta teaches illuminating the material sample with at least one further additional light wavelength that comprises an infrared-band light wavelength (para 0080 teaches infrared imaging).
Regarding Claim 17, Dacosta teaches that the material sample comprises a skin wound (para 0141 teaches skin wound analysis).
Regarding Claim 18, Dacosta teaches that the biophysical status enables a skin wound assessment (para 0141 teaches skin wound assesment).
Regarding Claim 19, Dacosta teaches that the skin wound assessment is performed longitudinally (para 0146 and 0152 teaches longitudinal analysis).
Regarding Claim 20-22, Dacosta teaches that the skin wound assessment performed longitudinally enables a wound care treatment plan (para 0146 and 0152 teaches longitudinal analysis for treatment effectiveness).
Regarding Claims 23 and 24, Dacosta teaches that the material sample includes a biochemical assay of wound analytes (para 0150 teaches biochemical analysis).
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent No. 10,438,356 to Dacosta in view of U. S. Publication No. 2017/0079530 to DiMaio et al.
Regarding Claim 14, Dacosta teaches all of the above claimed limitations but does not expressly teach that the inflammation signature includes wound temperature and wound water content.
DiMaio teaches that the inflammation signature includes wound temperature and wound water content (para 0136, 0171, 0178, 0458 teaches wound temperature and water content).
It would be obvious to one of ordinary skill in the art at the time of filing to modify Dacosta teaches inflammation signature includes wound temperature and water content, as taught by DiMaio since such a setup would result in better analysis of the wound and its healing process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY CATTUNGAL whose telephone number is (571)272-1306. The examiner can normally be reached M-F 9-5 EST.
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/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3798