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 .
Response to Amendment
The amendment filed on 01/29/2026 has been entered. Claims 1-7, 9-18, 20-22 are pending. Claims 8, 19 are cancelled. Applicant’s amendment to the claims have overcome 112
rejections previously set forth in the Non-Final Office Action notified on 10/23/2025.
Claim Rejections - 35 USC § 112
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.
Claim 22 is 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.
Claim 22 recites “wherein one or more of: the first spectral source emits fewer than all wavelengths included within the first spectral waveband; the second spectral source emits fewer than all wavelengths included within the second spectral waveband; the plurality of first spectral filters transmit fewer than all wavelengths included within the first spectral waveband; or the plurality of second spectral filters transmit fewer than all wavelengths included within the second spectral waveband.”
Claim 1 does not quantify first spectral waveband. Therefore, the claim limitation - fewer than all wavelengths included within the first spectral waveband, does not add any further limitation in claim 22.
The examiner recommends to include a range of first spectral waveband to define the bandwidth.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6, 9-10, 12, 15-17, 22, 23, is/are rejected under 35 U.S.C. 103 as being unpatentable over Culman (US 20210307687) in view of Blanquart (US 20140163319) and further in view of Kagaya (US 20140031623).
Regarding claim 1, Culman discloses a system for stereoscopic visualization (abstract; FIGS. 1A, 1B, 3A; para [0033]- [0035]), the system comprising:
a stereoscopic camera (Stereo endoscope; stereoscopic camera; right eyepieces, 46 and 47; Para [0033], [0035]) comprising:
a first image sensor (FIG. 4B) comprising a first multispectral filter array (Filters 313a, 313b, 313c, 313d); and
a second image sensor comprising a second multispectral filter array (Another one of the filters 313a, 313b, 313b, 313c; Note that the optical filter array 410 includes a plurality of individual filters (P1-P7, IR) each defining a different passband - the visible spectrum, and an infrared filter (IR) defining a dedicated passband in the infrared spectrum. Para [0046]); and
wherein the first spectral waveband is different from the second spectral waveband (As seen from FIG. 4D, the response range 400 and range 450/460 are different.).
Culman discloses steps of illuminating scene with first and second visible wavelength range. Culman, however, does not expressly disclose a visible source that emits broadband electromagnetic radiation within a visible waveband of the electromagnetic spectrum; a first spectral source that emits electromagnetic radiation within a first spectral waveband; and a second spectral source that emits electromagnetic radiation within a second spectral waveband;
wherein the first multispectral filter array comprises a plurality of first spectral filters that transmit only electromagnetic radiation within the first spectral waveband; and the second multispectral filter array comprises a plurality of second spectral filters that transmit only electromagnetic radiation within the second spectral waveband; wherein the first multispectral filter array does not comprise any of the second spectral filters that transmit only the electromagnetic radiation within the second spectral waveband; and wherein the second multispectral filter array does not comprise any of the first spectral filters that transmit only the electromagnetic radiation within the first spectral waveband.
Blanquart is directed to computer program products for producing an image in light deficient environments (abstract) and teaches a visible source that emits broadband electromagnetic radiation within a visible waveband of the electromagnetic spectrum (FIG. 1);
a first spectral source (Light emitter 100 radiating red electromagnetic radiation 105a) that emits electromagnetic radiation within a first spectral waveband; and
a second spectral source (Light emitter 100 radiating blue electromagnetic radiation 105b) that emits electromagnetic radiation within a second spectral waveband.
Kagaya is directed to endoscope system (abstract) and teaches wherein the first multispectral filter array comprises a plurality of first spectral filters that transmit only electromagnetic radiation within the first spectral waveband (Optical filters 402A, 402B and 402C is a narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]); and the second multispectral filter array comprises a plurality of second spectral filters that transmit only electromagnetic radiation within the second spectral waveband; wherein the first multispectral filter array does not comprise any of the second spectral filters that transmit only the electromagnetic radiation within the second spectral waveband (Optical filters 402A, 402B and 402C is a narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]); and wherein the second multispectral filter array does not comprise any of the first spectral filters that transmit only the electromagnetic radiation within the first spectral waveband.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Culman to include spectral light sources in accordance with the teaching of Blanquart so the illumination light of various spectral sources could be provided for producing an image in a light deficient environment (abstract of Blanquart).
Further, it would have been obvious to further modify Culman to include narrow band-pass filters transmitting only predetermined narrow-band wavelength in accordance with the teaching of Kagaya so that image quality such as increasing contrast, filtering particular light and reducing noise, could be enhanced by way of having a narrow bandwidth in the imaging light.
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Regarding claim 2, Culman discloses an endoscope tube, wherein each of the first image sensor and the second image sensor is disposed within an interior cavity of the endoscope tube (stereo endoscope in a robotic arm. FIG. 1A; Para [0033], [0044]).
Regarding claim 3, Culman discloses wherein the first multispectral filter array comprises a different combination of filters than the second multispectral filter array (Optical filters 402A, 402B and 402C is a narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]);
first multispectral filter array comprises a first plurality of red filters (Note the red wavelength of first filter; FIG. 4D) that transmit red electromagnetic radiation (Note the spectral response 437 of the filter array 310);
a first plurality of green filters (Green filter of array 310) that transmit green electromagnetic radiation (Note the spectral response 435 of the filter array 310);
a first plurality of blue filters (blue filter of array 310) that transmit blue electromagnetic radiation (spectral response 433);
and the first plurality of first spectral filters that transmit only the electromagnetic radiation within the first spectral waveband (Kagaya: Optical filters 402A, 402B and 402C is a narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]); and
wherein the second plurality of filter array comprises:
a second plurality of red filters (Note the red wavelength of first filter; FIG. 4D) that transmit the red electromagnetic radiation (Note the spectral response 437 of the filter array 310);
a second plurality of green filters (Green filter of array 310) that transmit the green electromagnetic radiation (Note the spectral response 435 of the filter array 310);
a second plurality of blue filters (blue filter of array 310) that transmit the blue electromagnetic radiation (spectral response 433); and
the plurality of spectral filters that transmit only the electromagnetic radiation within the second spectral waveband (Kagaya: Optical filters 402A, 402B and 402C is a narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]).
Regarding claim 4, Culman discloses wherein at least one of the first multispectral filter array or the second multispectral filter array comprises a plurality of spectral filters that transmit reflected electromagnetic radiation within a third spectral waveband (Kagaya: Optical filters 402A, 402B and 402C is a narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]), and wherein the third spectral waveband is different from the first spectral waveband or the second spectral waveband (Kagaya: Filters 402A, 402B and 402C have different wavebands. Para [0178]).
Regarding claim 6, Culman, as modified, teaches wherein the emitter further comprises a third spectral source that emits electromagnetic radiation within a third spectral waveband (Blanquart: Emitter in green band; FIG.1), and wherein the third spectral waveband is different from the first spectral waveband or the second spectral waveband; and wherein the first multispectral filter array comprises: the plurality of first spectral filters that transmit the electromagnetic radiation within the first spectral waveband (Filters 402A, 402B and 402C have different wavebands and they transmit particular wavebands.); and a plurality of third spectral filters (Filters 402A, 402B and 402C have different wavebands and they transmit only electromagnetic radiation within the third spectral waveband (Optical filters 402A, 402B and 402C correspond to R, G and B filter. Para [0182]).
Regarding claim 9, Culman discloses wherein the first multispectral filter array and the second multispectral filter array collectively transmit electromagnetic radiation within a plurality of spectral wavebands selected for multispectral visualization (Kagaya: Optical filters 402A, 402B and 402C correspond to R, G and B filter. Para [0182]; These color irradiations provide multi spectral visualization.) or fluorescence visualization of a scene.
wherein each of the plurality of spectral wavebands comprises electromagnetic radiation corresponding with a spectral reflectance waveband of a tissue (Kagaya: Optical filters 402A, 402B and 402C correspond to R, G and B filter. Para [0182]; These color irradiations provide multi spectral visualization and correspond to spectral reflectance waveband of a tissue);
wherein the spectral reflectance waveband of the tissue comprises one or more wavelengths of electromagnetic radiation that the tissue reflects (Kagaya: Optical filters 402A, 402B and 402C correspond to R, G and B filter. Para [0182]; These can be reflected by the tissue); and wherein the tissue comprises one or more of venous tissue, arterial tissue, ureter tissue, nervous tissue, cardiovascular tissue, or cancerous tissue (Tissue is not positively claimed. Further, the tissue may not be positively recited unless it is a method claim. The spectral waveband bands 43, 445, 447, 453, 455, 457, 463, and 465 in FIG. 4D may be used with a venous tissue, arterial tissue, ureter tissue, nervous tissue, cardiovascular tissue, or cancerous tissue.).
Regarding claim 10, Culman discloses wherein each of the first spectral waveband and the second spectral waveband is a narrowband of wavelengths selected for multispectral visualization (Kagaya: Optical filters 402A, 402B and 402C are narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]) or fluorescence visualization of a scene.
Regarding claim 12, Culman discloses wherein at least one of the first spectral waveband or the second spectral waveband is within a near infrared waveband of the electromagnetic spectrum (Kagaya: Optical filters 402A, 402B and 402C correspond to R, G and B filter. Para [0182]).
Regarding claim 15, Culman discloses wherein the first image sensor outputs a first data frame simultaneously with the second image sensor outputting a second data frame; wherein each of the first data frame and the second data frame comprises color imaging data; wherein the first data frame comprises first spectral imaging data associated with the first spectral waveband; and wherein the second data frame comprises second spectral imaging data associated with the second spectral waveband (As seen from a planar sensor distribution, in FIG. 4B, the simultaneous data frames from each sensor are combined by the processor 380 to form an image. Para [0005]; Specific frequency range images are combined to have a singular view of a scene. Para [0054]).
Regarding claim 16, Culman discloses wherein at least one of the first spectral imaging data or the second spectral imaging data comprises pixel integration values (Combination images may be obtained. Para [0060]) for pixels accumulating a fluorescence relaxation emission by one or more of a fluorescent reagent or an auto fluorescing tissue (Frequency range in FIG. 4D correspond to fluorescence emission.).
Regarding claim 17, Culman discloses wherein at least one of the first spectral imaging data or the second spectral imaging data comprises pixel integration values for pixels (Combination images may be obtained. Para [0060]; Specific frequency range images are combined to have a singular view of a scene. Para [0054]) accumulating a spectral reflectance that is reflected by one or more of a tissue structure, a chemical process, or a biological process.
Regarding claim 22, Culman, as modified teaches wherein one or more of: the first spectral source (Red pulse, para [0079], is lower than green pulse wavelength.) emits fewer than all wavelengths included within the first spectral waveband;
the second spectral source (Green pulse, para [0079], is lower than blue pulse wavelength.) emits fewer than all wavelengths included within the second spectral waveband;
the plurality of first spectral filters (Kagaya: Optical filters 402A, 402B and 402C are narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. Para [0178]) transmit fewer than all wavelengths included within the first spectral waveband (First spectral waveband is not defined.); or the plurality of second spectral filters (Optical filters 402A, 402B and 402C are narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]) transmit fewer than all wavelengths included within the second spectral waveband (Second spectral waveband is not defined).
Regarding claim 23, Culman as modified, teaches wherein at least one of the first spectral waveband or the second spectral waveband comprises a wavelength associated with a color within a visible range of the electromagnetic spectrum, and wherein the color comprises one or more of red, green, or blue (Blanquart: Light emitter 100 radiating red electromagnetic radiation 105a; para [0047]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culman (US 20210307687) in view of Blanquart (US 20140163319) and further in view of Kagaya (US 20140031623) and Ikenaga (US 20140228644).
Regarding claim 18, Culman discloses an image signal processor in communication with the first image sensor and the second image sensor (FIG. 3A), wherein the image signal processor is configured to execute instructions comprising: calculating dimensional information based on pixel integration values for the first data frame and the second data frame, and further based on a relative position of the first pixel array and the second pixel array (Combination images may be obtained. Para [0060]; Specific frequency range images are combined to have a singular view of a scene using the pixel information. Para [0054]; When the pixel information is used in image forming, it utilizes the spatial position information of the pixel.).
Culman does not expressly disclose rendering a three-dimensional image of a scene based upon the dimensional information.
Ikenaga is directed to an endoscope (abstract) and teaches rendering a three-dimensional image of a scene based upon the dimensional information (3D image is obtained using narrow band light. Para [0132]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Culman to use the narrow band light to obtain the 3D image in accordance with the teaching of Ikenaga so that an affected part could be easily observed by naked eye in the observed 3D image.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culman (US 20210307687) in view of Blanquart (US 20140163319) and further in view of Kagaya (US 20140031623) and Molina (US 20160044252).
Regarding claim 5, Culman does not expressly disclose wherein one or more of: a quantity of the first plurality of green filters is greater than a quantity of either of the first plurality of red filters or the first plurality of blue filters; or a quantity of the second plurality of green filters is greater than a quantity of either of the second plurality of red filters or the second plurality of blue filters.
Molina is directed to capturing digital images and video (abstract) and teaches wherein one or more of: a quantity of the first plurality of green filters is greater than a quantity of either of the first plurality of red filters (Array camera comprises a plurality of green camera, blue camera and red camera; Number of green cameras is larger than number of red cameras. Claim 19) or the first plurality of blue filters; or a quantity of the second plurality of green filters is greater than a quantity of either of the second plurality of red filters or the second plurality of blue filters.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Culman to have the number of green filters higher than the other filters so that the imaging could mimic the way human eye perceives the color and brightness.
Claim(s) 11, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culman (US 20210307687) in view of Blanquart (US 20140163319) and further in view of Kagaya (US 20140031623) and Talbert (US 20200404131).
Regarding claim 11, Culman does not expressly disclose wherein each of the first spectral waveband and the second spectral waveband is 20 nm wide or less.
Talbert is directed to devices for fluorescence, hyperspectral, and/or laser scanning in a light deficient environment (abstract) and teaches wherein each of the first spectral waveband and the second spectral waveband is 20 nm wide or less (Contiguous coverage of a spectrum using very small waveband widths (e.g., 10 nm or less) is used that may allow for highly selective hyperspectral and/or fluorescence imaging. Para [0280]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Culman to include waveband in 20 nm or less so that highly selective hyperspectral and/or fluorescence imaging could be provided.
Regarding claim 13, Culman does not expressly disclose, wherein at least one of the first spectral waveband or the second spectral waveband is within a visible waveband of the electromagnetic spectrum and is 20 nm wide or less.
Talbert is directed to devices for fluorescence, hyperspectral, and/or laser scanning in a light deficient environment (abstract) and teaches, wherein at least one of the first spectral waveband or the second spectral waveband is within a visible waveband of the electromagnetic spectrum and is 20 nm wide or less (Contiguous coverage of a spectrum using very small waveband widths (e.g., 10 nm or less) is used that may allow for highly selective hyperspectral and/or fluorescence imaging. Para [0280]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Culman to include waveband in 20 nm or less so that highly selective hyperspectral and/or fluorescence imaging could be provided.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culman (US 20210307687) in view of Blanquart (US 20140163319) and further in view of Kagaya (US 20140031623) and Shahinian (US 20110115882).
Regarding claim 14, Culman does not expressly disclose wherein at least one of the first multispectral filter array or the second multispectral filter array comprises a tunable filter.
Shahinian is directed to a dual objective endoscope for insertion into a cavity of a body for providing a stereoscopic image of a region of interest inside of the body (abstract) and teaches wherein at least one of the first multispectral filter array or the second multispectral filter array comprises a tunable filter (tunable filters; Para [0090]- [0092]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Culman to include the tunable filters in accordance with the teaching of Shahinian so that a desired color could be passed by tuning the tunable filter to form a specific color image.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culman (US 20210307687) in view of Blanquart (US 20140163319) and further in view of Kagaya (US 20140031623), Kubo (US 20190159687) and Inada (US 20220239870).
Regarding claim 21, Culman does not expressly disclose wherein the first spectral source emits one or more wavelengths of electromagnetic radiation within the first spectral waveband, and wherein the first spectral waveband is 40 nanometers wide or less; and wherein the second spectral source emits one or more wavelengths of electromagnetic radiation within the second spectral waveband, and wherein the second spectral waveband is 40 nanometers wide or less.
Kubo is directed to a video processor and teaches wherein the first spectral source emits one or more wavelengths of electromagnetic radiation within the first spectral waveband (FIG. 3; band width of 10 nm; first narrow band light including a wavelength within a range of from 505 nm to 515 nm as a center wavelength in a green wavelength band; para [0012]) and wherein the first spectral waveband is 40 nanometers wide or less.
Inada is directed to filter array (abstract) and teaches wherein the second spectral source emits one or more wavelengths of electromagnetic radiation within the second spectral waveband, and wherein the second spectral waveband is 40 nanometers wide or less (Ultraviolet wavelength band 10 nm or less; para [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Culman to include narrow waveband lights in imaging in accordance with the teaching of Kubo and Inada so that the image quality could be enhanced to provide more detail image quality.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Culman (US 20210307687) in view of Blanquart (US 20140163319) and further in view of Kagaya (US 20140031623) and Maurita (US 20160353034).
Regarding claim 7, Culman does not expressly disclose wherein the emitter further comprises a fourth spectral source that emits electromagnetic radiation within a fourth spectral waveband, and wherein the fourth spectral waveband is different from each of the first spectral waveband, the second spectral waveband, and the third spectral waveband; and wherein the second multispectral filter array comprises: the plurality of second spectral filters that transmit only the electromagnetic radiation within the second spectral waveband; and a plurality of fourth spectral filters that transmit only electromagnetic radiation within the fourth spectral waveband.
Blanquart teaches wherein the emitter further comprises a fourth spectral source (Ultraviolet pulse; Para [0047]) that emits electromagnetic radiation within a fourth spectral waveband, and wherein the fourth spectral waveband is different from each of the first spectral waveband (Blanquart: Different from red, blue, green pulse; Para [0047]), the second spectral waveband, and the third spectral waveband; and wherein the second multispectral filter array comprises:
Kagaya teaches wherein the second multispectral filter array comprises: the plurality of second spectral filters (Optical filters 402A, 402B and 402C is a narrow band-pass filter transmitting only predetermined narrow-band wavelength components in the incident white light and each of those corresponds to a different band from one another. FIG. 13; Para [0178]) that transmit only the electromagnetic radiation within the second spectral waveband.
Maurita is directed to imaging device and teaches a plurality of fourth spectral filters that transmit only electromagnetic radiation within the fourth spectral waveband (Ultraviolet filter; para [0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Culman to include light sources and narrow band filters in accordance with the teaching of Blanquart, Kagaya and Maurita so that image quality could be improved by providing various spectral wavebands and band filters.
Response to Arguments
Applicants’ arguments filed on 01/29/2026 have been fully considered and are persuasive. Therefore, the rejection dated 10/23/2025 has been withdrawn. However, upon further consideration, a new rejection has been made in view of amendment. See rejection above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 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 on 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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 2/27/26