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
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.
Claim(s) 1, 3-5, 7-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mullani (US 20040201846).
Regarding claim 1, Mullani discloses an examination device 12 for optical medical examinations (Section 0056, the dermoscopy epiluminescence device), comprising an optics system 16, 18, 20 and an illumination device 46 (section 0057, A distal viewing port 16 includes a lens retainer 18 for securing the lens and other internal components within the housing 14. The distal viewing port 16 is visually connected with the proximal viewing port 20 creating a line of sight through the housing 14 through lens 22 and polarizing filters), wherein the optics system has an optical axis and defines an examination region 22, 28 (section 0059, With the spacer 28 retracted, the user can effect a dry examination of the skin. With the spacer 28 extended, a user can complete a direct contact skin examination, typically employing oil emersion), wherein the illumination device 48 comprises at least one first light source 46 and at least one second light source 46, wherein said at least one first light source and said at least one second light source are arranged in such a way that they illuminate the examination region together (section 0061, The lighting array comprises a ring of LEDs affixed to an circuit board 48. The circuit board 48 is secured within the housing 14. The LEDs comprise four different colored sets of LEDs each on a different lighting circuit. The four colors comprise White, UV/Blue (405 nm), green/yellow (565 nm) and orange/red (630 nm). White is contemplated for normal epiluminescence imaging, U/Blue for ALA florescence and autofluorescence imaging), and wherein said at least one first light source is configured to emit white light and said at least one second light source is configured to emit light that is bluer than the white light emitted by said at least one first light source (Section 0061, The circuit board 48 is secured within the housing 14. The LEDs comprise four different colored sets of LEDs each on a different lighting circuit. The four colors comprise White, UV/Blue (405 nm), green/yellow (565 nm) and orange/red (630 nm)), and at least one of wherein the light emitted by said at least one second light source has a wavelength in a range of 400 nm to 550 nm (Section 0061, The circuit board 48 is secured within the housing 14. The LEDs comprise four different colored sets of LEDs each on a different lighting circuit. The four colors comprise White, UV/Blue (405 nm), green/yellow (565 nm) and orange/red (630 nm)); or wherein the
illumination device comprises multiple first light sources and multiple second
light sources, wherein in each case one of the first light sources and one of the
second light sources are arranged adjacent to each other and form a pair (Section 0062, the LEDs of the lighting array 46 are four different colors, eight of each color for a total of 32 LEDs. The LEDs, are a repeating pattern of the four different colors, for example, white, UV/blue, green-yellow and orange/red repeating around the perimeter, with all like colors interconnected on a single circuit), wherein the pairs have at least one pair as a first pair and at least another pair as a second pair, wherein the illumination device comprises at least one polarization filter that covers said at least one second pair (Section 0057, 0065, The distal viewing port 16 is visually connected with the proximal viewing port 20 creating a line of sight through the housing 14 through lens 22 and polarizing filters. An outside ring polarizer 58 provides polarization to of light from the lighting array 46).
Regarding claim 3, Mullani discloses the light emitted by said at least one second light source has a wavelength in the range of 450 nm to 500 nm (Section 0061, The circuit board 48 is secured within the housing 14. The LEDs comprise four different colored sets of LEDs each on a different lighting circuit. The four colors comprise White, UV/Blue (405 nm), green/yellow (565 nm) and orange/red (630 nm)), or has a color temperature between 5500 K and 7500 K.
Regarding claim 4, Mullani discloses comprises a control unit that controls said at least one first light source and said at least one second light source (Section 0022, 0062, The light sources of the lighting scheme are powered by an on board lithium battery and are controlled by a switches that provide on demand use of four differently colored cross-polarized light sources for epiluminescence. The switching of the light colors can also be controlled remotely using a USB connection and an onboard microprocessor. The selection of the color of the LEDs of the light array 46 is done by switch 38 and the selection of the brightness of illumination is controlled by the switch 40. Power ON/OFF is controlled by depressing switch).
Regarding claim 5, Mullani discloses the examination device is configured in such a way that said at least one first light source is switched on when the illumination device is activated (section 0062, The selection of the color of the LEDs of the light array 46 is done by switch 38 and the selection of the brightness of illumination is controlled by the switch 40. Power ON/OFF is controlled by depressing switch)
Regarding claim 7, Mullani discloses the examination device is configured in such a way that said at least one second light source is only be switched on in addition to said at least one first light source (section 0062, The selection of the color of the LEDs of the light array 46 is done by switch 38 and the selection of the brightness of illumination is controlled by the switch 40. Power ON/OFF is controlled by depressing switch).
Regarding claim 8, Mullani discloses the examination device is configured in such a way that a luminous intensity of the light emitted by said at least one second light source is changeable (section 0062, The selection of the color of the LEDs of the light array 46 is done by switch 38 and the selection of the brightness of illumination is controlled by the switch 40).
Regarding claim 9, Mullani discloses the examination device is configured in such a way that the luminous intensity of the light emitted by said at least one second light source is changeable in multiple discrete levels (section 0013, 0062, the LEDs have a narrow beam angle that concentrates the light into a small area, pointing the incident light to the center to increase the brightness of the area being viewed. The selection of the color of the LEDs of the light array 46 is done by switch 38 and the selection of the brightness of illumination is controlled by the switch 40)
Regarding claim 10, Mullani discloses the first light sources and the second light sources 46 are arranged about the optical axis 58 of the optics system (Fig. 9, section 0065, An outside ring polarizer 58 provides polarization to of light from the lighting array 46).
Regarding claim 11, Mullani discloses at least one polarization filter of the illumination device polarizes passing light linearly in a first polarization direction (section 0013, Light from eight (8) LEDs is polarized linearly by a polarizer).
Regarding claim 12, Mullani discloses the optics system comprises a polarization filter that polarizes passing light linearly in a second polarization direction (section 0013, The imaging viewed through the magnifying lens is also linearly polarized by using a polarizer that is located in front of the lens).
Regarding claim 13, Mullani discloses the second polarization direction is perpendicular to the first polarization direction so that the polarization filter of the optics system blocks light with a polarization in the first polarization direction (section 0013, cross-polarization filters that reduce the reflection of light from the surface of the skin and permits visualization of the deeper skin structures. Light from eight (8) LEDs is polarized linearly by a polarizer, which is annular in shape and located in front of the LEDs. The imaging viewed through the magnifying lens is also linearly polarized by using a polarizer that is located in front of the lens).
Regarding claim 14, Mullani discloses the first pairs and the second pairs are located alternately in a circumferential direction (Section 0062, the LEDs of the lighting array 46 are four different colors, eight of each color for a total of 32 LEDs. The LEDs, are a repeating pattern of the four different colors, for example, white, UV/blue, green-yellow and orange/red repeating around the perimeter, with all like colors interconnected on a single circuit).
Regarding claim 15, Mullani discloses the illumination device comprises several separate polarization filters, wherein each one of the polarization filters of the illumination device covers one of the second pairs (section 0013, cross-polarization filters that reduce the reflection of light from the surface of the skin and permits visualization of the deeper skin structures. Light from eight (8) LEDs is polarized linearly by a polarizer, which is annular in shape and located in front of the LEDs. The imaging viewed through the magnifying lens is also linearly polarized by using a polarizer that is located in front of the lens).
Regarding claim 16, Mullani discloses the examination device is configured in such a way that either the first light sources and the second light sources of said at least one first pair or the first light sources and the second light sources of said at least one second pair are switched on when the illumination device is activated (section 0062, The selection of the color of the LEDs of the light array 46 is done by switch 38 and the selection of the brightness of illumination is controlled by the switch 40).
Regarding claim 17, Mullani discloses the examination device is configured in such a way that when the light sources of said at least one first pair are switched off to activate the light sources of said at least one second pair, the light sources of said at least one second pair are switched on in such a way that luminous intensities of the light emitted by the light sources of the second pair corresponds to luminous intensities of the light that was emitted last by the corresponding light source of said at least one
first pair, or vice versa (section 0021, 0023, a device to allow the clinical viewing of skin lesions that provides on demand switching that can toggle between from lights of differing wavelengths or colors. Two switches are provided that when not in operation have a normal OFF mode. In operation, a first switch powers ON/OFF the device, and a second switch selects between the one of the four LED groups. The first switch also can select between high and low settings of the lights).
Regarding claim 18, Mullani discloses the optics system is at least one of a magnifying optics system, comprising an imaging sensor or comprising a camera (section 0028, the housing in both embodiments is adapted to engage and be affixed to a camera body such that the lens of the camera can capture images of the object to be observed through said optical lens and viewing polarizer. A threaded recess in the viewing port of the device allows the device to mate with a standard camera lens to attach the device to the camera so that images of the examined skin can be captured).
Regarding claim 19, Mullani discloses the examination device is a dermatoscope 12, (Figs. 1-9, Section 0007-0008, 0056, Dermatoscopes permit increased visualization of subsurface pigmentation by using a magnification device in association with a light source. The dermoscopy epiluminescence device).
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) 2, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mullani (US 20040201846).in view of Ras et al. (US 20200323482).
Regarding claim 2, Mullani discloses the invention substantially as claimed however does not show the white light emitted by said at least one first light source has a color temperature between 4000 K and 6000 K, or has a color temperature between 2500 K and 4500 K. Ras discloses the white light emitted by said at least one first light source has a color temperature between 4000 K and 6000 K, or has a color temperature between 2500 K and 4500 K (section 0035, the light sources are especially configured to provide white light. The term white light herein, is known to the person skilled in the art. It may especially relate to light having a correlated color temperature (CCT) between for general lighting especially in the range of about 2700 K and 6500 K). This allows for a proper amount of visible light to be used to examine the skin of a patient. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of Mullani by adding the white light emitted by said at least one first light source has a color temperature between 4000 K and 6000 K, or has a color temperature between 2500 K and 4500 K as taught by Ras in order to facilitate proper amount of visible light to be used to examine the skin of a patient.
Regarding claim 6, Mullani discloses the invention substantially as claimed however does not show the examination device is configured in such a way that a color temperature of the light emitted by the illumination device is settable in a color temperature range, wherein at least one of a lower limit of the color temperature range is between 4000 K and 6500 K or a upper limit of the color temperature range is between 10000 K and 14000 K. Ras discloses the examination device is configured in such a way that a color temperature of the light emitted by the illumination device is settable in a color temperature range, wherein at least one of a lower limit of the color temperature range is between 4000 K and 6500 K (section 0035, the light sources are especially configured to provide white light. The term white light herein, is known to the person skilled in the art. It may especially relate to light having a correlated color temperature (CCT) between for general lighting especially in the range of about 2700 K and 6500 K) or an upper limit of the color temperature range is between 10000 K and 14000 K. This allows for a proper amount of visible light to be used to examine the skin of a patient. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of Mullani by adding the examination device is configured in such a way that a color temperature of the light emitted by the illumination device is settable in a color temperature range, wherein at least one of a lower limit of the color temperature range is between 4000 K and 6500 K or a upper limit of the color temperature range is between 10000 K and 14000 K, in order to allow for a proper amount of visible light to be used to examine the skin of a patient.
Specification
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796