DETAILED ACTION
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 action is in response to amendments filed on 12/02/2025. Claims 1 and 10 are amended. Claims 6 and 11 are canceled. Claims 1-2, 4-5, 7-8, 10 are pending and examined below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 2, the claim recites the limitation “wherein the light source is configured to produce light for delivery to the tissue at a predetermined wavelength in the near-infrared range”. However, claim 1, the claim upon which claim 2 depends, already states the light source emits light at 785 nm (near infrared). As such the claim is not further limiting to the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5, 7-8, 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20080221457 A1 (hereinafter referred to as “Zeng”).
Regarding claim 1, Zeng, an optical sensor device used to detect abnormal tissues (abstract), teaches a system facilitating real-time differentiation (“…may be displayed on a display 33 of computer system 32 in real time..”; paragraph [0070]) between parathyroid tissue and thyroid tissue of a subject (Note: describes intended use and thus does not hold any patentable weight on the apparatus that is being claimed) during a surgical procedure (Note: describes intended use and thus does not hold any patentable weight on the apparatus that is being claimed) without the use of an exogenous marker (use raman/autofluorescence; abstract), comprising:
a light source for delivering light at an excitation wavelength of about 785 nm to tissue in a target region in the neck area of the subject to illuminate the tissue (“In an example embodiment, light source 12 is a laser diode that emits light having a wavelength of 785 nm”; paragraph [0065]-[0066]; Figure 1);
an optical coupler for collecting optical signals emitted from the illuminated tissue (“Fiber optic bundle 24 carries the backscattered light to a spectrometer 26”; paragraph [0068]; Figure 1); and
a detector for detecting intensities of the optical signals emitted from the illuminated tissue, wherein the optical signals are near-infrared (NIR) auto-fluorescence (26; Figure 1; paragraphs [0068]-[0069], [0118]), and wherein the detector can detect differences in the intensities of the optical signals (paragraphs [0054], [0062], [0118]) between the parathyroid tissue and the thyroid tissue of the tissue in the target region (Note: describes intended use and thus does not hold any patentable weight on the apparatus that is being claimed), thereby facilitating real-time differentiation, wherein the detector comprises a camera (“26 includes a light detector, such as a CCD camera 30”; paragraph [0069]; Figure 1); and
wherein the NIR auto-fluorescence of both the thyroid tissue and the parathyroid tissue of the tissue is in a wavelength range of about 800-1000 nm (Note: describes an intended circumstance and thus does not hold any patentable weight on the apparatus that is being claimed).
Regarding claim 2, Zeng teaches wherein the light source is configured to produce light for delivery to the tissue at a predetermined wavelength in the near-infrared range (“In an example embodiment, light source 12 is a laser diode that emits light having a wavelength of 785 nm”; paragraph [0065]-[0066]; Figure 1).
Regarding claim 4, Zeng teaches further comprising a display in communication with the detector for displaying the intensities of the optical signals emitted from the tissue (32; paragraphs [0069]-[0070]).
Regarding claim 5, Zeng teaches further comprising a filter for filtering excess ambient light to ensure desirable optical signals to be detected (paragraph [0066]-[0067]).
Regarding claim 7, Zeng teaches wherein the optical coupler is configured to collect optical auto-fluorescence signals (paragraph [0068], [0070]).
Regarding claim 8, Zeng teaches further comprising a display in communication with the detector for displaying the intensities of the optical signals emitted from the tissue (32; paragraphs [0069]-[0070]).
Regarding claim 10, Zeng, an optical sensor device used to detect abnormal tissues (abstract), teaches a system facilitating real-time differentiation (“…may be displayed on a display 33 of computer system 32 in real time..”; paragraph [0070]) between parathyroid tissue and thyroid tissue of a subject (Note: describes intended use and thus does not hold any patentable weight on the apparatus that is being claimed) during a surgical procedure (Note: describes intended use and thus does not hold any patentable weight on the apparatus that is being claimed) without the use of an exogenous marker (uses raman/autofluorescence; abstract), comprising:
a light source for illuminating tissue in a target region in the neck area of the subject (“In an example embodiment, light source 12 is a laser diode that emits light having a wavelength of 785 nm”; paragraph [0065]-[0066]; Figure 1);
an optical coupler optically coupled with the light source for delivering light from the light source to the tissue (“Fiber optic bundle 24 carries the backscattered light to a spectrometer 26”; paragraph [0068]; Figure 1);
a camera for detecting intensities of optical signals emitted from the tissue responsive to the light (26; Figure 1; paragraphs [0068]-[0069], [0118]), wherein the optical signals are near-infrared (NIR) auto-fluorescence, and wherein the camera can detect differences in the intensities of the optical signals (paragraphs [0054], [0062], [0118]) between the parathyroid tissue and the thyroid tissue (Note: describes intended use and thus does not hold any patentable weight on the apparatus that is being claimed), thereby facilitating real-time differentiation, wherein the light source is configured to produce light at an excitation wavelength of about 785 nm for delivery to the tissue (“In an example embodiment, light source 12 is a laser diode that emits light having a wavelength of 785 nm”; paragraph [0065]-[0066]; Figure 1) to cause the NIR auto-fluorescence of both the thyroid tissue and the parathyroid tissue in a wavelength range of about 800-1000 nm (Note: describes an intended circumstance and thus does not hold any patentable weight on the apparatus that is being claimed); and
a display in communication with the camera for displaying the intensities of the optical signals emitted from the tissue (32; paragraphs [0069]-[0070]).
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1 and 10 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made by Zeng.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABID A MUSTANSIR whose telephone number is (408)918-7647. The examiner can normally be reached M-F 10 am to 6 pm Pacific Time.
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/ABID A MUSTANSIR/Examiner, Art Unit 3791
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