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 .
Election/Restrictions
Applicant’s election without traverse of Invention II and Species B, readable on claims 10-20 in the reply filed on 03/03/2026 is acknowledged.
Due to the election of Species B, only the “right angle prism” will be considered in claims 13 and 18.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first movable stage and second movable stage must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The "movable stage" aspects are not only not depicted in the drawings, but also do not have a detailed enough description within the specification since neither the actual structural or functional requirements are explained whatsoever which leaves the limitation open to interpretation and ultimately makes the intended requirements difficult to fully grasp.
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.
Claims 11-12, 15-16, 20 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.
The term “about” in claims 11-12, 15-16, 20 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term "about" in reference to the wavelength leaves a lot of ambiguity as to how much of a range can be reasonably interpreted as being "about" a certain number, one could argue that 650 is “about 700” which could be a complete misinterpretation of the intended requirements of the invention as claimed. The examiner suggests amending the claim language to remove the term “about” entirely or amending the language to recite more definitive language such as “substantially.”
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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) 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xie (US 20060173358 A1).
Regarding Claim 17, Xie discloses
An imaging system (fluorescence observation endoscope apparatus 100, FIG. 12) for an endoscope (optical endoscope 102, FIG. 12) or an exoscope, comprising:
a first image sensor (CCD 126, FIG. 17);
a second image sensor (CCD 127, FIG. 17);
a multi-channel prism (spectral prism 141, FIG. 17) configured to be moved from a first orientation to a second orientation (par. 132 discloses prism is rotated by a motor) and
configured to separate, using a dichroic filter (dichroic mirror 122, FIG. 17) with a cutoff wavelength (par. 101 discloses dichroic mirror cutting specific wavelengths, i.e. cutoff wavelength, par. 133 discloses predetermined wavelength band, i.e. cutoff wavelength),
an input light into a first spectrally distinct portion of output light directed to the first image sensor and a second spectrally distinct portion of output light directed to the second image sensor (FIG. 17, par. 132 disclose light passed through dichroic mirror and is split to two portions directed to each CCD),
wherein, when the multi-channel prism is in a first orientation the multi-channel prism receives an incoming image light at a first angle (+ theta, FIG. 17) and the cutoff wavelength of the dichroic filter is a first value (par. 133 discloses prism is rotated to different angles causing continuously varied fluorescence which results in different wavelength bands at different angles), and
wherein, when the multi-channel prism is in a second orientation the multi-channel prism receives an incoming image light at a second angle (- theta, FIG. 17) and the cutoff wavelength of the dichroic filter is a second value different from the first value (par. 133 discloses prism is rotated to different angles causing continuously varied fluorescence which results in different wavelength bands at different angles);
a processor (image processing apparatus 105, FIG. 12); and
a memory (memory 136, FIG. 14) storing instructions for execution by the processor that, when executed by the processor, enable the processor to (par. 85 discloses memory stores fluorescence signal data which is read by the CPU to conduct processing):
receive, from the first image sensor, first image data (par. 82 discloses image data from first CCD is input into a circuit of the image processing apparatus);
receive, from the second image sensor, second image data (par. 83 discloses image data from second CCD is input into a circuit of the image processing apparatus);
perform feature detection to determine an offset between the first image sensor and the second image sensor (par. 85-92 disclose determination unit of image processing apparatus which conducts a spectrum comparison of image data, i.e. to determine an offset);
adjust the first image data to compensate for the offset (par. 85-92 disclose comparison results in fluorescence signal data being converted to a video signal which is then mixed with CCD video signal, i.e. in order to adjust image data to compensate for offset); and
overlay the adjusted first image data and the second image data (par. 82 discloses image data from each of the CCDs is mixed and output, i.e. overlayed, par. 92 discloses comparison video signal is mixed with CCD video signal in the same mixing circuit, i.e. adjusted image data will be mixed/ overlayed with existing image data).
Regarding Claim 18, Xie discloses
The imaging system of claim 17, wherein the multi-channel prism comprises a right angle prism (depicted in FIG. 17).
Regarding Claim 19, Xie discloses
The imaging system of claim 17, further comprising: a filter (excitation light filter 117, FIG. 12) configured to block excitation wavelengths of one or more fluorophores (par. 70, 101 disclose excitation wavelengths of certain fluorescence are cut).
Regarding Claim 20, Xie discloses
The imaging system of claim 17, wherein, when the multi-channel prism is in a first orientation (+ theta, FIG. 17),
the first spectrally distinct portion of output light comprises white light and near infrared (NIR) light with wavelengths between about 700 nanometers (nm) and 720 nm (par. 82 discloses white light is transmitted to first CCD, i.e. first portion of light; par. 98-100 disclose white light is transmitted with wavelengths around 700 nm, par. 42 discloses red light is transmitted with white light through filters and has wavelengths around 700 nm), and
the second spectrally distinct portion of output light comprises wavelengths greater than about 720 nm (FIG. 13B, par. 100 disclose fluorescence components with wavelengths greater than about 700 nm are captured by second CCD; par. 83 discloses second CCD receives fluorescence light, i.e. fluorescence components), and
wherein, when the multi-channel prism is in a second orientation (- theta, FIG. 17),
the first spectrally distinct portion of output light comprises white light and NIR light with wavelengths between about 700 nm and 780 nm (par. 134 discloses the rotation of the spectral prism results in the wavelength band being distributed relatively broadly and continuously, as depicted in FIG. 13B, i.e. potentially greater wavelengths in second orientation; par. 82 discloses white light is transmitted to first CCD, i.e. first portion of light; par. 98-100 disclose white light is transmitted with wavelengths around 700 nm, par. 42 discloses red light is transmitted with white light through filters and has wavelengths around 700 nm), and
second spectrally distinct portion of output light comprises wavelengths greater than about 780 nm (FIG. 13B, par. 100 disclose fluorescence components with wavelengths greater than about 700 nm are captured by second CCD; par. 83 discloses second CCD receives fluorescence light, i.e. fluorescence components, par. 134 discloses the rotation of the spectral prism results in the wavelength band being distributed relatively broadly and continuously, as depicted in FIG. 13B, i.e. potentially greater wavelengths in second orientation such as above 780 nm).
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.
Claim(s) 10-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xie (US 20060173358 A1) in view of Duckett (US 20190265490 A1).
Regarding Claim 10, Xie discloses
An imaging system (fluorescence observation endoscope apparatus 100, FIG. 12) for an endoscope (optical endoscope 102, FIG. 12) or an exoscope, comprising:
a first image sensor (CCD 126, FIG. 17);
a second image sensor (CCD 127, FIG. 17);
a multi-channel prism (spectral prism 141, FIG. 17) configured to be moved from a first orientation to a second orientation (par. 132 discloses prism is rotated by a motor) and configured to separate, using a dichroic filter (dichroic mirror 122, FIG. 17) with a cutoff wavelength (par. 101 discloses dichroic mirror cutting specific wavelengths, i.e. cutoff wavelength, par. 133 discloses predetermined wavelength band, i.e. cutoff wavelength),
an input light into a first spectrally distinct portion of output light directed to the first image sensor and a second spectrally distinct portion of output light directed to the second image sensor (FIG. 17, par. 132 disclose light passed through dichroic mirror and is split to two portions directed to each CCD);
a processor (image processing apparatus 105 + operating unit 143 + motor driving circuit 144, FIGS. 12, 17); and
a memory (memory 136, FIG. 14) storing instructions for execution by the processor that, when executed by the processor, enable the processor to (par. 85 discloses memory stores fluorescence signal data which is read by the CPU to conduct processing):
determine an orientation of the multi-channel prism (par. 135-136 discloses operating unit controls/ determines orientation of prism),
wherein, when the multi-channel prism is in a first orientation the multi-channel prism receives an incoming image light at a first angle (+ theta, FIG. 17) and the cutoff wavelength of the dichroic filter is a first value (par. 133 discloses prism is rotated to different angles causing continuously varied fluorescence which results in different wavelength bands at different angles), and
wherein, when the multi-channel prism is in a second orientation the multi-channel prism receives an incoming image light at a second angle (- theta, FIG. 17) and the cutoff wavelength of the dichroic filter is a second value different from the first value (par. 133 discloses prism is rotated to different angles causing continuously varied fluorescence which results in different wavelength bands at different angles); and
cause at least one of the first image sensor and the second image sensor to move relative to the multi-channel prism to compensate for an image offset between the first image sensor and the second image sensor (FIGS. 12, 17, and 18 each depict CCD 127 at different orientations relative to the optical element being used, FIG. 17, par. 132 disclose CCD 127 disposed relative to prism, FIG. 18, par. 140 disclose CCD 127 disposed in the direction relative to the optical element, i.e. CCD is moved relative to prism; FIG. 14, par. 82-83 disclose CCD driving circuit(s), of the image processing apparatus, which drive, i.e. move, CCD; par. 82-83 discloses CCDs are driven, i.e. moved, to acquire image data, par. 85-92 disclose spectrum comparison of image data is performed, i.e. to determine an offset, and a comparison video signal is mixed with CCD video signal in a mixing circuit, i.e. CCD is driven, moved relative to prism, and produces image data which is mixed with adjusted image data to compensate for an offset).
However, Xie does not disclose positioned on a first movable stage, positioned on a second movable stage.
Duckett teaches an analogous imaging system for an endoscope [FIG. 5, 0032] having first and second image sensors (sensors 506, FIG. 5) and a beam splitter (511, i.e. prism) which splits a light beam directed at the image sensors [0032]. The sensors (506) each comprise respective actuators (540, FIG. 5, i.e. movable stages) which can adjust the image sensors.
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the imaging system of Xie with the actuators of Duckett in order to provide image sensors capable of adjusting focal place position and being offset from the prism at different distances, resulting in multiple focal planes being captured [Duckett - 0032].
Regarding Claim 11, Xie, as previously modified by Duckett, discloses all of the
elements of the current invention disclosed in claim 10, and Xie further discloses
wherein the first value of the cutoff wavelength of the dichroic filter when the multi-channel prism is in the first orientation is about 720 nanometers (nm) (par. 133 discloses prism is rotated to different angles causing continuously varied fluorescence which results in different wavelength bands at different angles, par. 101-102 discloses wavelengths below about 700 nm, i.e. 720 nm, are cut).
Regarding Claim 12, Xie, as previously modified by Duckett, discloses all of the
elements of the current invention disclosed in claim 11, and Xie further discloses
wherein the second value of the cutoff wavelength of the dichroic filter when the multi-channel prism is in the second orientation is about 780 nm (par. 133 discloses prism is rotated to different angles causing continuously varied fluorescence which results in different wavelength bands at different angles, FIG. 13B, par. 100 disclose wavelengths greater than about 700 nm are captured by second CCD, par. 134 discloses the rotation of the spectral prism results in the wavelength band being distributed relatively broadly and continuously, as depicted in FIG. 13B, i.e. potentially greater wavelength cutoff in second orientation such as about 780 nm).
Regarding Claim 13, Xie, as previously modified by Duckett, discloses all of the
elements of the current invention disclosed in claim 10, and Xie further discloses
wherein the multi-channel prism comprises a right angle prism (depicted in FIG. 17).
Regarding Claim 14, Xie, as previously modified by Duckett, discloses all of the
elements of the current invention disclosed in claim 10, and Xie further discloses
further comprising: a filter (excitation light filter 117, FIG. 12) configured to block excitation wavelengths of one or more fluorophores (par. 70, 101 disclose excitation wavelengths of certain fluorescence are cut).
Regarding Claim 15, Xie, as previously modified by Duckett, discloses all of the
elements of the current invention disclosed in claim 10, and Xie further discloses
wherein, when the multi-channel prism is in the first orientation (+ theta, FIG. 17),
the first spectrally distinct portion of output light comprises white light and near infrared (NIR) light with wavelengths between about 700 nanometers (nm) and 720 nm (par. 82 discloses white light is transmitted to first CCD, i.e. first portion of light; par. 98-100 disclose white light is transmitted with wavelengths around 700 nm, par. 42 discloses red light is transmitted with white light through filters and has wavelengths around 700 nm), and
the second spectrally distinct portion of output light comprises wavelengths greater than about 720 nm (FIG. 13B, par. 100 disclose fluorescence components with wavelengths greater than about 700 nm are captured by second CCD; par. 83 discloses second CCD receives fluorescence light, i.e. fluorescence components).
Regarding Claim 16, Xie, as previously modified by Duckett, discloses all of the
elements of the current invention disclosed in claim 15, and Xie further discloses
wherein, when the multi-channel prism is in the second orientation (- theta, FIG. 17),
the first spectrally distinct portion of output light comprises white light and NIR light with wavelengths between about 700 nm and 780 nm (par. 134 discloses the rotation of the spectral prism results in the wavelength band being distributed relatively broadly and continuously, as depicted in FIG. 13B, i.e. potentially greater wavelengths in second orientation; par. 82 discloses white light is transmitted to first CCD, i.e. first portion of light; par. 98-100 disclose white light is transmitted with wavelengths around 700 nm, par. 42 discloses red light is transmitted with white light through filters and has wavelengths around 700 nm), and
second spectrally distinct portion of output light comprises wavelengths greater than about 780 nm (FIG. 13B, par. 100 disclose fluorescence components with wavelengths greater than about 700 nm are captured by second CCD; par. 83 discloses second CCD receives fluorescence light, i.e. fluorescence components, par. 134 discloses the rotation of the spectral prism results in the wavelength band being distributed relatively broadly and continuously, as depicted in FIG. 13B, i.e. potentially greater wavelengths in second orientation such as above 780 nm).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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