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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Response to Amendment
The amendment filed on 05/29/2026 has been entered. Claims 1-7, 9-18, 20-23 are pending. Claims 8, 17, 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 § 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, 6, 9-10, 12, 15-17, 22, 23, is/are rejected under 35 U.S.C. 103 as being unpatentable over Duparre (US 20140368686) in view of Blanquart (US 20140163319).
Regarding claim 1, Duparre discloses a system for stereoscopic visualization (A realistic stereoscopic 3D image may be provided; Para [0081]), the system comprising:
a stereoscopic camera comprising:
a first pixel array image sensor comprising a first multispectral filter array (Two-dimensional array of pixels;
at least one spectral filter located within the imager, where each spectral filter is configured to pass a specific spectral band of light; Abstract; para [0010]), wherein the first pixel array outputs data for a first channel (A pair of Red imagers 672 is located on the left hand side of the camera array 670; FIGS. 6I-6J; Para [0128]) of the stereoscopic camera, and wherein the first multispectral filter array comprises a plurality of first spectral filters that transmit only electromagnetic radiation within a first spectral waveband (Lens elements, substrates and spacers are configured to form a plurality of optical channels, at least one aperture located within each optical channel, at least one spectral filter located within each optical channel, where each spectral filter is configured to pass a specific spectral band of light, and light blocking materials located within the lens stack array to optically isolate the optical channels. Para [0010]); and
a second pixel array image sensor comprising a second multispectral filter array (At least one imager of a second type that includes a spectral filter configured to pass second spectral band of light; where each spectral filter is configured to pass a specific spectral band of light; claims 1, 19), wherein the second pixel array outputs data for a second channel of the stereoscopic camera (a pair of Blue imagers 674 is located on the right hand side of the camera array; FIGS. 6I-6J; Para [0128]), and wherein the second multispectral filter array comprises a plurality of second spectral filters that transmit only electromagnetic radiation within a second spectral waveband (Lens elements, substrates and spacers are configured to form a plurality of optical channels, at least one aperture located within each optical channel, at least one spectral filter located within each optical channel, where each spectral filter is configured to pass a specific spectral band of light, and light blocking materials located within the lens stack array to optically isolate the optical channels.);
wherein the first spectral waveband is different from the second spectral waveband (At least one imager of a second type that includes a spectral filter configured to pass second spectral band of light; where each spectral filter is configured to pass a specific spectral band of light; First and second spectral band of light. Para [0010], [0128]);
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 (At least one imager of a second type that includes a spectral filter configured to pass second spectral band of light; where each spectral filter is configured to pass a specific spectral band of light; First and second spectral band of light; para [0101], [0128]); 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 (At least one imager of a second type that includes a spectral filter configured to pass second spectral band of light; where each spectral filter is configured to pass a specific spectral band of light. Para [0010], [0128]).
Duparre does not expressly disclose an emitter comprising a plurality of sources of electromagnetic radiation, wherein the plurality of sources comprises:
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 the first spectral waveband; and a second spectral source that emits electromagnetic radiation within the second 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.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Duparre 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).
Regarding claim 6, Duparre, 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 (Greed is different from red or blue); and
wherein the first multispectral filter array comprises:
the plurality of first spectral filters that transmit only the electromagnetic radiation within the first spectral waveband (Duparre: Red filter; FIG. 6A; where each spectral filter is configured to pass a specific spectral band of light.); and a plurality of third spectral filters (Duparre: Blue filters; FIG.6A) that transmit only the electromagnetic radiation within the third spectral waveband (where each spectral filter is configured to pass a specific spectral band of light. Abstract; para [0010], [0095]).
Regarding claim 9, Duparre 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 (FIG. 6A) or fluorescence visualization of a scene;
wherein at least a portion of the plurality of spectral wavebands comprises electromagnetic radiation corresponding with a spectral reflectance waveband of a tissue (These color irradiations provide multi spectral visualization and correspond to spectral reflectance waveband of a tissue when they are shine by the radiation.);
wherein the spectral reflectance waveband of the tissue comprises one or more wavelengths of electromagnetic radiation that the tissue reflects (This radiation 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).
Regarding claim 10, Duparre as modified teaches wherein each of the first spectral waveband and the second spectral waveband is a narrowband of wavelengths selected for multispectral visualization (Blanquart: Light emitter 100 radiating red electromagnetic radiation 105a; Light emitter 100 radiating blue electromagnetic radiation 105b) or fluorescence visualization of a scene.
Regarding claim 12, Duparre as modified teaches wherein at least one of the first spectral waveband or the second spectral waveband is within a near infrared waveband of the electromagnetic spectrum (Blanquart: Light emitter 100 radiating red electromagnetic radiation 105a).
Regarding claim 15, Duparre discloses wherein the first pixel array outputs a first data frame simultaneously with the second pixel array outputting a second data frame (The image frame corresponding to red and blue filtered light); 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 (The ability to capture multiple exposures simultaneously using the imager; Para [0158]; Each of the frame data corresponds to the imaging data filtered through the filters.).
Regarding claim 16, Duparre discloses wherein at least one of the first spectral imaging data or the second spectral imaging data comprises pixel integration values (integration time settings; para [0070], [0109]; Pixel integration is the part of image processing using pixel data;).
Regarding claim 23, Duparre 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]; Red, green and blue color of emitted light; FIG. 1).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duparre (US 20140368686) in view of Blanquart (US 20140163319) and further in view of Ikenaga (US 20140228644).
Regarding claim 18, Duparre discloses an image signal processor in communication with the first pixel array and the second pixel array (FIGS. 2A, 6A-6F), 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 (When the pixel information is used in image forming, it utilizes the spatial position information of the pixel. FIG. 5; Para [0092]).
Duparre 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 Duparre 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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duparre (US 20140368686) in view of Blanquart (US 20140163319) and further in view of Talbert (US 20200404131).
Regarding claim 2, Duparre does not expressly disclose an endoscope tube, wherein the stereoscopic camera is disposed within an interior cavity of the endoscope tube.
Talbert is directed to systems, methods, and devices for fluorescence, hyperspectral imaging (abstract) and teaches an endoscope tube (lumen 212), wherein a camera (an image sensor 214) is disposed within an interior cavity of the endoscope tube.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Duparre to include a lumen with the camera array of Duparre so that a stereoendoscope could be made for visualization inside the body.
Claim(s) 11, 13, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duparre (US 20140368686) in view of Blanquart (US 20140163319) and further in view of Talbert (US 20200404131).
Regarding claim 11, Duparre 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 Duparre to include the waveband in 20 nm or less so that highly selective hyperspectral and/or fluorescence imaging could be provided.
Regarding claim 13, Duparre 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 Duparre to include waveband in 20 nm or less so that highly selective hyperspectral and/or fluorescence imaging could be provided.
Regarding claim 22, Duparre does not expressly disclose wherein one or more of:
the first spectral waveband is 100 nanometers wide or less, and wherein one or more of: the first spectral source emits fewer than all wavelengths included within the first spectral waveband:
or the plurality of first spectral filters transmit fewer than all wavelengths included within the first spectral waveband; or
the second spectral waveband is 100 nanometers wide or less, and wherein one or more of:
the second spectral source emits fewer than all wavelengths included within the second spectral waveband; or the plurality of second spectral filters transmit fewer than all wavelengths included within the second spectral waveband.
Talbert is directed to devices for fluorescence, hyperspectral and teaches the first spectral waveband is 100 nanometers 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]), and wherein,
the first spectral source emits fewer than all wavelengths included within the first spectral waveband (Any color combination, including all visible and non-visible wavelengths can be made. Para [0090]; Thus, combination of colors can still be 100 nm or less wide.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Duparre to include waveband of illumination in accordance with the teaching of Talbert so that a selective hyperspectral and/or fluorescence imaging could be provided.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duparre (US 20140368686) in view of Blanquart (US 20140163319) and further in view of Kubo (US 20190159687) and Inada (US 20220239870).
Regarding claim 21, Duparre 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 200 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 200 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 200 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 200 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 further modify Duparre 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 Duparre (US 20140368686) in view of Blanquart (US 20140163319).
Regarding claim 7, Duparre discloses wherein the second multispectral filter array comprises: the plurality of second spectral filters that transmit only the electromagnetic radiation within the second spectral waveband (At least one imager of a second type that includes a spectral filter configured to pass second spectral band of light; where each spectral filter is configured to pass a specific spectral band of light); and a plurality of fourth spectral filters that transmit only electromagnetic radiation within the fourth spectral waveband (Note the plurality of filters in red, blue, green, visible spectra, and near-IR spectrum; FIGS. 6A-6F; para [0115]-[0017]).
Duparre 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
Blanquart teaches wherein the emitter further comprises a fourth spectral source (infrared; 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.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Duparre to include light sources and narrow band filters in accordance with the teaching of Blanquart so that image quality could be improved by providing various spectral wavebands and band filters.
Response to Arguments
Applicants’ arguments filed on 05/29/2026 have been fully considered and are persuasive. Therefore, the rejection dated 03/03/2026 has been withdrawn. However, upon further consideration, a new rejection has been made in view of amendment. See rejection above.
Reasons for Allowance
Claim 3
The following is an examiner’s statement of reasons for allowance:
The prior art of record fails to explicitly teach or fairly suggest, alone or in combination, a system for stereoscopic visualization, wherein the first multispectral filter array comprises a different combination of filters than the second multispectral filter array;
wherein the first multispectral filter array comprises:
a first plurality of red filters that transmit red electromagnetic radiation;
a first plurality of green filters that transmit green electromagnetic radiation;
a first plurality of blue filters that transmit blue electromagnetic radiation; and
the plurality of first spectral filters that transmit only the electromagnetic radiation within the first spectral waveband; and wherein the second multispectral filter array comprises:
a second plurality of red filters that transmit the red electromagnetic radiation;
a second plurality of green filters that transmit the green electromagnetic radiation;
a second plurality of blue filters that transmit the blue electromagnetic radiation; and
the plurality of second spectral filters that transmit only the electromagnetic radiation within the second spectral waveband, along with the remaining features of claims 3 and 1.
The closest art Duparre (US 20140368686) could not be modified to include red, green, and blue filters of specific waveband that are different from each other, i.e., these color wavelengths in left and right channel of the stereoscopic camera fall in different wavebands for left and right channels.
Accordingly, claim 3 is allowed.
Claim 14
Duparre (US 20140368686)’s filters could not be further modified to have a tunable filter.
Accordingly, claim 14 is allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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.
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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
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 6/26/26
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