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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 4/17/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (U.S. Pub. No. 20070112273) hereinafter Rogers, in view of Ruppersberg et al. (U.S. Pub. No. 20150351620) hereinafter Ruppersberg.
Regarding claim 1, primary reference Rogers teaches:
An otoscope comprises a sensing part (abstract; [0003]; [0033]-[0034]; [0068]; [0083]), wherein the sensing part comprises:
a case body, comprising an aperture and a frontal plane surrounding the aperture ([0092], figure 2, optical probe 100 includes a case body housing of the sensing part; [0093]-[0101], optical probe 200 includes a case body figures 3-4; [0097]-[0100], aperture 212 with a frontal plane surrounding the aperture);
a first light source for emitting a first light with a first frequency band ([0079], light source LS1 forms a first light source emitting at a first frequency band; [0072]-[0078], teach to different wavelength bands which form a teaching to frequency in the inverse);
a second light source for emitting a second light with a second frequency band, wherein at least a portion of the second frequency band does not overlap with the first frequency band, and the first light and the second light are for illuminating a target to be detected to generate a light to be detected ([0082], LS2; [0072]-[0081], [0083], different wavelengths used form first and second frequency bands wherein at least a portion doesn’t overlap; see also [0084]-[0090]; [0094]-[0095], target tissue 300; [0099]-[0100], target tissue 300); and
an optical sensing device disposed in the case body ([0093]-[0101], optical probe 200 includes a case body figures 3-4; [0097]-[0100], light sensor; [0105]-[0106], detection unit), and further comprising:
a dichroic mirror, wherein the light to be detected passes through the aperture and is separated by the dichroic mirror to form a third light and a fourth light respectively ([0068], dichroic mirror 8A and forms a dichroic beam splitter; [0088]);
a first sensing element disposed on a path of the third light and for sensing a light with a third frequency band ([0068], LD1 forms a first detector or first sensing element as claimed; [0079], LD1 detection at the wavelengths which forms a third frequency band associated with the detector; see also [0084]-[0106]); and
a second sensing element disposed on a path of the fourth light and for sensing a light with a fourth frequency band ([0068], LD2 forms a second sensing element and includes a detection at a wavelength that forms a first frequency band; [0082], LD2 detection at wavelengths that correspond to a fourth frequency band; see also [0084]-[0106]),
wherein the third frequency band comprises the first frequency band, and the fourth frequency band comprises the second frequency band ([0068]-[0089], light sources LS1 and LS2 and associated frequency bands correspond to detectors LD1 and LD2 and associated frequency bands, in which the third band includes the first and the fourth band includes the second. See in particular [0079] and [0082] in which the source is paired with the associated detectors and wavelengths emitted corresponding to the pairs; see also [0090]-[0106]).
Primary reference Rogers fails to teach:
a plurality of first light sources disposed on the frontal plane for emitting a first light with a first frequency band;
a plurality of second light sources disposed on the frontal plane
However, the analogous art of Ruppersberg of an otoscope for use with electronic imaging (abstract) teaches:
a plurality of first light sources disposed on the frontal plane for emitting a first light with a first frequency band ([0099]-[0100]; [0153]; [0187], figure 13 show light sources 42 positioned on the head portion 14 which form a frontal plane in the combined invention);
a plurality of second light sources disposed on the frontal plane ([0099]-[0100]; [0153]; [0187], figure 13 show light sources 42 positioned on the head portion 14 which form a frontal plane in the combined invention)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the otoscope light sensing at different frequency bands device of Rogers to incorporate the plurality of light sources on the frontal plane as taught by Ruppersberg because it provides light sources in the direction of the target region of interest such as the inner ear canal, leading to higher quality signal reception after transmission (Ruppersberg, [0165]).
Regarding claim 2, the combined references of Rogers and Ruppersberg teach all of the limitations of claim 1. Primary reference Rogers further teaches:
wherein the first frequency band is an infrared light frequency band and the second frequency band is a visible light frequency band ([0074]-[0080], wavelength bands overlap with both the visible light and infrared wavelengths, which teach to the corresponding frequencies; [0130]-[0132], visible and IR).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Rogers, in view of Ruppersberg as applied to claim 1, and further in view of Nitta et al. (U.S. Pub. No. 20230160558) hereinafter Nitta.
Regarding claim 3, the combined references of Rogers and Ruppersberg teach all of the limitations of claim 1. Primary reference Rogers further fails to teach:
wherein the plurality of first light sources have a local maximum luminous intensity in a wavelength ranging from 1400 nm to 1500 nm
However, the analogous art of Nitta of a wavelength converting member for producing a light emission (abstract) teaches:
wherein the plurality of first light sources have a local maximum luminous intensity in a wavelength ranging from 1400 nm to 1500 nm ([0106], maximum intensity overlaps the claimed range).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined otoscope light sensing at different frequency bands device of Rogers and Ruppersberg to incorporate the maximum luminous intensity range as taught by Nitta because the penetration depth of light into an object to be irradiated varies depending on the wavelength, the light emitting device is also advantageous for inspections in the depth direction of an object to be irradiated (Nitta, [0106]). This provides higher intensity signals and enhanced quality for data reception.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Rogers, in view of Ruppersberg as applied to claim 1, and further in view of Lia et al. (U.S. Pub. No. 20170156578) hereinafter Lia.
Regarding claim 4, the combined references of Rogers and Ruppersberg teach all of the limitations of claim 1. Primary reference Rogers further fails to teach:
wherein the number of the plurality of first light sources is larger than or equal to three, and the number of the plurality of second light sources is larger than or equal to three
However, the analogous art of Lia of a LED medical instrument for optical imaging (abstract) teaches:
wherein the number of the plurality of first light sources is larger than or equal to three, and the number of the plurality of second light sources is larger than or equal to three ([0034], a total of 6 LEDs across the combined first and second light sources in the combined prior art invention with Rogers and Ruppersberg, form at least 3 light sources for each of the first and second light sources, when evenly divided as taught by Rogers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined otoscope light sensing at different frequency bands device of Rogers and Ruppersberg to incorporate the 6 LED light sources as taught by Lia because it provides sufficient illumination to adequately view the target (Lia, [0034]). This provides higher quality imaging and leads to improved clinical diagnostics.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Rogers, in view of Ruppersberg as applied to claim 1, and further in view of Koch et al. (U.S. Pub. No. 20200121162) hereinafter Koch.
Regarding claim 5, the combined references of Rogers and Ruppersberg teach all of the limitations of claim 1. Primary reference Rogers further fails to teach:
wherein the first sensing element comprises indium gallium arsenide
However, the analogous art of Koch of an imaging system using optical light sources and detectors (abstract) teaches:
wherein the sensing element comprises indium gallium arsenide ([0061], indium gallium arsenide sensor).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined otoscope light sensing at different frequency bands device of Rogers and Ruppersberg to incorporate the indium gallium arsenide sensor as taught by Koch because it provides high quality photon imaging measurements at a high sensitivity (Koch, [0059]-[0061]).
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Rogers, in view of Ruppersberg as applied to claim 1, and further in view of Kim et al. (U.S. Pub. No. 20180067299) hereinafter Kim.
Regarding claim 6, the combined references of Rogers and Ruppersberg teach all of the limitations of claim 1. Primary reference Rogers further fails to teach:
further comprising a control part, wherein the control part comprises a processing unit, the processing unit is electrically connected to the first sensing element and the second sensing element to generate a first image data and a second image data respectively
However, the analogous art of Kim of a optical imaging system for thermal monitoring (abstract) teaches:
further comprising a control part, wherein the control part comprises a processing unit, the processing unit is electrically connected to the first sensing element and the second sensing element to generate a first image data and a second image data respectively ([0029]-[0036], infrared sensor and visible light sensor correspond to first and second sensing elements in the combined prior art invention and provide for a visible image and a infrared image generated; [0061]-[0066]; [0077]; [0081]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined otoscope light sensing at different frequency bands device of Rogers and Ruppersberg to incorporate the visible and infrared image sensors for image generation as taught by Kim because a real image and a thermal image can be sequentially acquired, a two dimensional image inside the object can be taken and thermal distribution monitoring can be performed (Kim, [0029]). This leads to real time infrared analysis paired with visible light analysis of anatomical structures.
Regarding claim 7, the combined references of Rogers, Ruppersberg, and Kim teach all of the limitations of claim 6. Primary reference Rogers further fails to teach:
wherein the control part further comprises a display panel for displaying a first image and a second image respectively corresponding to the first image data and the second image data
However, the analogous art of Kim of a optical imaging system for thermal monitoring (abstract) teaches:
wherein the control part further comprises a display panel for displaying a first image and a second image respectively corresponding to the first image data and the second image data ([0008], display for displaying the thermal and real images (first and second image data); [0040]-[0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined otoscope light sensing at different frequency bands device of Rogers, Ruppersberg, and Kim to incorporate the display for displaying both images as taught by Kim because real image and a thermal image can be sequentially acquired, and display thermal distribution monitoring to a user (Kim, [0029]). This leads to real time infrared analysis paired with visible light analysis of anatomical structures.
Regarding claim 8, the combined references of Rogers, Ruppersberg, and Kim teach all of the limitations of claim 7. Primary reference Rogers further fails to teach:
wherein the control part further comprises an image analysis module for analyzing the first image and the second image
However, the analogous art of Kim of a optical imaging system for thermal monitoring (abstract) teaches:
wherein the control part further comprises an image analysis module for analyzing the first image and the second image ([0040]-[0044], controller 1300 processes the image and provides user input control of the image which forms and analyzing of the first and second image).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined otoscope light sensing at different frequency bands device of Rogers, Ruppersberg, and Kim to incorporate the analysis controller for analyzing both images as taught by Kim because a real image and a thermal image can be sequentially acquired, and display thermal distribution monitoring to a user for analysis (Kim, [0029]). This leads to real time infrared analysis paired with visible light analysis of anatomical structures.
Regarding claim 9, the combined references of Rogers, Ruppersberg, and Kim teach all of the limitations of claim 7. Primary reference Rogers further fails to teach:
wherein the control part further comprises an image storage module for storing the first image and the second image
However, the analogous art of Kim of a optical imaging system for thermal monitoring (abstract) teaches:
wherein the control part further comprises an image storage module for storing the first image and the second image ([0042], storing unit 1500).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined otoscope light sensing at different frequency bands device of Rogers, Ruppersberg, and Kim to incorporate the storing unit for storing the images as taught by Kim because it provides a user with the ability to view the real and infrared images at a later time for diagnostics (Kim, [0042]). This provides additional flexibility for diagnostics following procedures, leading to improved clinical workflow efficiency.
Regarding claim 10, the combined references of Rogers, Ruppersberg, and Kim teach all of the limitations of claim 7. Primary reference Rogers further fails to teach:
wherein the control part further comprises a communication module for transmitting the first image and the second image
However, the analogous art of Kim of a optical imaging system for thermal monitoring (abstract) teaches:
wherein the control part further comprises a communication module for transmitting the first image and the second image ([0042], communication unit 1700).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined otoscope light sensing at different frequency bands device of Rogers, Ruppersberg, and Kim to incorporate the communication unit for transmitting the images as taught by Kim because it provides a remote user with the ability to view the real and infrared images at a later time for diagnostics (Kim, [0042]). This provides additional flexibility for diagnostics following procedures, leading to improved clinical workflow efficiency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN A FRITH whose telephone number is (571)272-1292. The examiner can normally be reached M-Th 8:00-5:30 Second Fri 8:00-4:30.
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/SEAN A FRITH/Primary Examiner, Art Unit 3798